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C2022-252 - 12/6/2022 - Approved
DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 CERTIFICATE OF LIABILITY INSURANCE r AT1(MWDOD2/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME Lauren Lane Upshaw Insurance Agency, Inc. PHONE 806 468 0400 q No;806 468-0450 801 S. Fillmore,Suite 300 E-MAIL Amarillo TX 79101 ADDRESS: laurenf u shaw-insurance.com INSURERS AFFORDING COVERAGE NAIL# INSURER A:United Fire and Casualty Co. 13021 INSURED MAKOCON-01 INSURER B: Mako Contracting LLC 3636 S. Alameda, Suite B153 INSURER C: Corpus Christi TX 78411 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1675070243 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. 1�TR TYPE OF INSURANCE ODL SU POLICY NUMBER M IWODDY EFF MM DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 85326132 6/23/2022 6/23/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE a OCCUR -DAMAGE TO RENTED PREMISES Ea occurrence $500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JE O LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 85326132 6/23/2022 6/23/2023 (CEa accidennt ED,) INGLLI T $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS ( ) X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR 85326132 6/23/2022 6/23/2023 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION $ A WORKERS COMPENSATION 85326132 10/1/2022 6/23/2023 X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N — ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED7 (Mandatory In NH) N/A E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $1,000,000 A Equipment Floater 85326132 6/23/2022 6/23/2023 A Property 85326132 6/23/2022 6/23/2023 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more apace Is required) Endts shown apply only if there is a written contract between the named insured&certificate holder that requires such coverage.GL,AU:Policies include a blanket additional insured endt(GL per attached CG7208 07/17 including ongoing&completed operations and CG2001 12/19 primary&non-contributory).GL &AU:Policies include a blanket waiver of subrogation endt.UMB:Follows form on underlying additional insureds including primary&non-contributory and waivers of subrogation;underlying policies include GL&AU. 30 days Notice of Cancellation applies except 10 days for non-pay. Project No.852015F Project:Salinas Park Improvements 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, Texas ACCORDANCE WITH THE POLICY PROVISIONS. 1201 Leopard Street AUTHORIZED REPRESENTATIVE Corpus Christi TX 78401 1:411`� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 CG 72 08 07 17 C. SUPPLEMENTARY PAYMENTS —COVERAGES A AND B is amended: 1. To read SUPPLEMENTARY PAYMENTS 2. Bail Bonds Item 1.b. is amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. Loss of Earnings Item 1.d. is amended as follows: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. 4. The following language is added to Item 1. However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. SECTION 11 - WHO IS AN INSURED A. The following change is made: Extended Reporting Requirements Item 3.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. The following provisions are added: 4. BROAD FORM NAMED INSURED Item 11 is added as follows: f. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However: (1) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired more than 50 percent of the voting stock; and (2) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired more than 50 percent of the voting stock. 5. Additional Insured — Owners, Lessees or Contractors-Automatic Status When Required in Construction or Service Agreement With You —Including Upstream Parties a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 CG 72 08 07 17 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 6. Additional Insured —Products Completed Operations Coverage —Including Upstream Parties a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of "your work" specified in the "written contract" and included in the "products-completed operations hazard". However: (1) The insurance afforded to such additional insureds only applies to the extent permitted by law; (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. (3) Such coverage will not apply subsequent to the first to occur of the following: i. The expiration of the period of time required by the "written contract"; or ii. The expiration of any applicable statute of limitations or statute of repose with respect to claims arising out of "your work". c. With respect to the insurance afforded to any additional insured under this endorsement, the following additional exclusionary language shall apply: This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architecture, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 CG 72 08 07 17 7. Additional Insured —Vendors a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s) arising out of "your products" shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: I. The exceptions contained in Sub-paragraphs d. or f.; or fl. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 CG 72 08 07 17 A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 9. Additional Insured —Managers or Lessors of Premises a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 10. Additional Insured —Engineers, Architects or Surveyors Not Engaged by the Named Insured a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or"personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: (1)Your acts or omissions; or (2)Your acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. But only if such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. 11. Additional Insured — State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations Any state or governmental agency or subdivision or political subdivision is an insured, subject to the following provisions: CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 CG 72 08 07 17 a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard". 12. Additional Insured Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only — Owners, Lessees or Contractors a. Any persons or organizations for whom you are performing operations, for which you have elected to seek coverage under a Consolidated Insurance Program, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy as an insured. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated Insurance Program. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. 13. Additional Insured — Employee Injury to Another Employee With respect to your"employees" who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of SECTION II—WHO IS AN INSURED is amended to read: a. "Bodily injury" or"personal and advertising injury": (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); (2) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above; or (3) Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a. is deleted. For the purpose of this Item 12 only, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 00 61 16 PAYMENT BOND BOND NO, TXC-616301 Contractor as Principal Surety Name: Mako Contracting LLC Name: Mailing address(principal place of business): Mailing address(principal place of business): 3636 S.Alameda Ste 8353 Merchants Bonding Company(Mutual) Corpus Christi,Texas 78411 P.O.Box 14498 Des Moines,IA 50306 Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Contracts and Procurement Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Iowa 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.852015F (800)593-5561 Salinas Park Improvements Telephone(for notice of claim): (800)593-5561 Local Agent for Surety Name: Upshaw Insurance Agency,Inc. Award Date of the Contract:December 6, 2022 Address: P.O.Box 1299 Contract Price: $ 1,391,941.66 Amarillo,TX 79105-1299 Bond Telephone:806-468-0400 Email Address: coryb@upshaw-insurance.com Date of Bond: ,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.1-800-2S2-3439 Payment Bond Form 006116-1 Salinas Park Improvements Project No.852015E 2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 sold 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 Principa Surety 42614 —1 Signature: Signature: Name: C1 Name: Co Bentl y Title: /� ,tl � Title: Attorney-in-Fact Email Address: � ab CONS �fiyap-py,, Email Address: coryb@upshaw-insuraVncn.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 Salinas Park Improvements Project No.852015F 2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 .MERCHANTS M BONDING COMPANY- Bond No.TXC-616301 POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Cory B Bentley;Lauren Lane;Robert B Bentley;Ronald McQueen Hudson;Tracy Velasquez their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14,2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any. Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof," "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of June 2022 p l NG0 •• ''' PO ': : !� • MERCHANTS BONDING COMPANY(MUTUAL) �� Rq�'' ' :�b�Vp4PCS'g9y�; MERCHANT NATIONAL BONDING,INC. -o- p'O: I1�?. ' _o_ �": ; v :2003 ;�� y� 1933 �`c: By •.,� •........••.3 *4b •. � •..... •• President STATE OF IOWA '••.,��� 7���•..•• '+.+ •+.+ COUNTY OF DALLAS ss. On this 1st day of June 2022 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. R0A4s POLLY MASON o Commission Number 750576 Z My Commission Expires /0 P January 07,2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this day of December 2022 P•II0N4ING C?*.+ RPO 9 2r2 _p_ ptpC +ate.:.,_ -o- 2003 y 1933 Secretary POA 0018 (1/20) """ ��•• DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 00 61 13 PERFORMANCE BOND BOND NO. TXC-616301 Contractor as Principal Surety Name: Mako Contracting LLC Name: Mailing address(principal place of business): Mailing address (principal place of business): 3636 S. Alameda Ste 8153 Merchants Bonding Company(Mutual) Corpus Christi,Texas 78411 P.O.Box 14498 Des Moines,IA 50306 Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Contracts and Procurement Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Iowa 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): Proiect No.852015F (800)593-5561 Salinas Park Improvements Telephone(for notice of claim): (800)593-5561 Local Agent for Surety Name:Upshaw Insurance Agency,Inc. Award Date of the Contract: December 6, 2022 Address: P.O.Box 1299 Amarillo,TX 79105-1299 Contract Price: S 1,391,941.66 Bond Telephone:806-468-0400 Email Address: coryb@upshaw-insurance.com Date of Bond: .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 Salinas Park Improvements Project No.852015E 6/11/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 farce 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 sold 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 Prind I Surety Signature: 11 Signature: _ Name: ✓,'Ut %j�o��rVw� Name: Co j ntley Title: Title: Attorney-in-Fact Email Address: Vt C0+y4t'1 • tpvw Email Address: coryb@upshaw-insuranca.corn (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13- 2 Salinas Park Improvements Project No.852015E 6/11/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 MER1%_4 T157'� BONDING C to M PA N Y. Bond No.TXC-616301 POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Cory B Bentley;Lauren Lane;Robert B Bentley;Ronald McQueen Hudson;Tracy Velasquez their true and lawful Attorneys)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14,2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach-the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." ' "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of June 2022 ONq�'••.•. .•'01NG NO. BONDING COMPANY GoRPoR44,OZ �•�pd.�AP094-. : MERCHANTS NATIONAL BONDING,(NCTUAL) s' 2003 r.�' ,y 1933 6,: By f� STATE OF IOWA •�•'• 1'7 �•�;� `y.•• President COUNTY OF DALLAS ss. •""""�� �'•• On this 1st day of June 2022 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,`pRtA�s POLLY MASON O Commission Number 750576 My Commission Expires 100, January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,whir;h is stili in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the_seal of the Companies on this day of December 2022 •••y�ORppRq , ;�,� P0q,9y 2003 1933 Secretary POA 0018 (1/20) """ •�•��•� DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 MERCHANTSS� BONDING COMPANYTM MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING, INC, P.O. Box 14498 - DES MOINES, IOWA 50306-3498 , (800)678-8171 - (S15)243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual)/Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2/15) DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 0 x855 00 52 23 AGREEMENT This Agreement, for the Project awarded on [insert Award Date], is between the City of Corpus Christi (Owner) and Mako Contracting (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: Salinas Park Improvements Project(CDBG) Proiect Number 852105F ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LJA Engineering, Inc. 5350 S. Staples,Suite 425 Corpus Christi,Texas 78411 ysingleton@lja.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel Assistant Director of Construction Services 4917 Holly Road, Bldg. 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 160 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 190 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. C. Milestones, and the dates for completion of each, are as defined in Section 0135 00 SPECIAL PROCEDURES. Agreement 005223-1 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 12/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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$400 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 1,391,941.66 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 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 12/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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 5.02.6, 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 OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 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 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 12/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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 Contractorthat 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 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 12/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records,books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee.The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Solicitation documents. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 12/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI F"DocuSignedby: DocuSigned by: i)...) 12/21/2022 12/22/2022 Rebecca uer a e firs ylurr4Wds, P.E City Secretary Director of Engineering Services Ord. 032928 AUTHORIZED 12-6-2022 APPROVED AS TO LEGAL FORM: BY COUNCIL LlrDS Signed by: / Hdt!fA . 12/22/2022 S6 Assis aAfellVy ftorney ATTEST(IF CORPORATION) CONTRACTOR DocuSigned by: GA�iVYu GbbdtMAan, 12/14/2022 CD3AD7D22F4949D... (Seal Below) By: Gabriel Goodman Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 3636 S.Alameda Ste 8153 Financial Officer Address Corpus Christi, Texas 78411 City State Zip 361-561-6256 Phone Fax GG@makocontracting.com E-Mail END OF SECTION Agreement 005223-6 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 12/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 BID FORM Project Salinas Park Improvements Project(CDBG) Name: Project 852105F Number: Owner: City of Corpus Christi Bidder: Mako Contracting LLC OAR: Brett Van Hazel Designer: L1A Engineering, Inc. By its signature below,Bidder accepts all of the terms and conditions of the Bid Acknowledgement,acknowledges receipt of all Addenda to the Bid and agrees,if this Bid is accepted,to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price. Bidder: Mako Contracting LLC (full legal name of Bidder) Signature: dd (signature of person with authority to bind the Bidder) Name: Gabriel Goodman (printed name of person signing Bid Form) Title: President (title of person signing Bid Form) Attest: yllh•G7f`ll !�O!/ZIIGeZ (signature) State of Residency: Texas Federal Tx ID No. 36-4717006 Address for Notices: 3636 S.Alameda Ste B153 Corpus Christi TX 78411 Phone: 361-561-6256 Email: GG@makocontracting.com Bid Form Page 1 of 3 Salinas Park Improvements Project(CDBG)—Project No.852105F Rev 8/2019 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871 BFDF7B8 Report Created On:9/14/22 8:52:45 PM BID TOTALS BASE BID Total Al $10,200.00 A2 $12,000.00 A3 $5,460.00 A4 $3,000.00 A5 $45,631.95 A6 $109,939.20 A7 $200.00 A8 $6,396.00 A9 $2,878.20 A10 $3,360.00 All $432.00 Al2 $2,230.20 A13 $3,600.00 A14 $5,940.00 A15 $40,000.00 B1 $229,156.80 B2 $33,600.00 C1 $7,500.00 C2 $5,040.00 C3 $21,120.00 C4 $58,337.50 Total $606,021.85 ALTERNATE 1 Total D1 $10,200.00 D2 $12,000.00 D3 $5,460.00 D4 $3,000.00 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871 BFDF7B8 Report Created On:9/14/22 8:52:45 PM D5 $64,854.20 D6 $157,068.80 D7 $200.00 D8 $1,918.80 D9 $1,439.10 D10 $3,156.30 D11 $11,910.96 D12 $40,000.00 El $282,290.40 E2 $40,800.00 F1 $9,000.00 F2 $7,560.00 F3 $31,680.00 F4 $103,381.25 Total $785,919.81 Al No. Description Unit Qty Unit Price Ext Price Part A- MOBILIZATION LS 1 $10,200.00 $10,200.00 PEDESTRIAN AND MOBILITY IMPROVEMENTS Subtotal: $10,200.00 A2 No. Description Unit Qty Unit Price Ext Price Part A- BONDS AND INSURANCE AL 1 $12,000.00 $12,000.00 PEDESTRIAN AND MOBILITY IMPROVEMENTS Subtotal: $12,000.00 A3 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871 BFDF7B8 Report Created On:9/14/22 8:52:45 PM No. Description Unit Qty Unit Price Ext Price Part A- STORM WATER POLLUTION LS 1 $5,460.00 $5,460.00 PEDESTRIAN AND PREVENTION PLAN MOBILITY IMPROVEMENTS Subtotal:$5,460.00 A4 No. Description Unit Qty Unit Price Ext Price Part A- INTERIOR TRAFFIC CONTROL LS 1 $3,000.00 $3,000.00 PEDESTRIAN AND MOBILITY IMPROVEMENTS Subtotal:$3,000.00 A5 No. Description Unit Qty Unit Price Ext Price Part A- SCARIFYING AND RESHAPING BASE SY 1365 $33.43 $45,631.95 PEDESTRIAN AND COURSE WITH ASPHALT SURFACE MOBILITY IMPROVEMENTS Subtotal: $45,631.95 A6 No. Description Unit Qty Unit Price Ext Price Part A- 7'WIDE CONCRETE WALKING TRAIL SF 12270 $8.96 $109,939.20 PEDESTRIAN AND MOBILITY IMPROVEMENTS Subtotal: $109,939.20 A7 No. Description Unit Qty Unit Price Ext Price Part A- 6"TYPE A. GRADE 1-2 CRUSHED SY 10 $20.00 $200.00 PEDESTRIAN AND LIMESTONE BASE MOBILITY IMPROVEMENTS Subtotal: $200.00 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871 BFDF7B8 Report Created On:9/14/22 8:52:45 PM AB No. Description Unit Qty Unit Price Ext Price Part A- ADA RAMP SF 150 $42.64 $6,396.00 PEDESTRIAN AND MOBILITY IMPROVEMENTS Subtotal:$6,396.00 A9 No. Description Unit Qty Unit Price Ext Price Part A- FULL-DEPTH PAVEMENT REPAIR SY 10 $287.82 $2,878.20 PEDESTRIAN AND MOBILITY IMPROVEMENTS Subtotal:$2,878.20 A10 No. Description Unit Qty Unit Price Ext Price Part A- REFLECTIVE PAVEMENT MARKINGS(W) LF 280 $12.00 $3,360.00 PEDESTRIAN AND (12")(SOLID)(90 MIL) CROSSWALKS MOBILITY IMPROVEMENTS Subtotal:$3,360.00 A11 No. Description Unit Qty Unit Price Ext Price Part A- REFLECTIVE PAVEMENT MARKINGS(W) LF 30 $14.40 $432.00 PEDESTRIAN AND (24")(SOLID)(90 MIL)STOP BAR MOBILITY IMPROVEMENTS Subtotal: $432.00 Al2 No. Description Unit Qty Unit Price Ext Price Part A- SEEDING FOR EROSION PROTECTION SY 590 $3.78 $2,230.20 PEDESTRIAN AND MOBILITY IMPROVEMENTS DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871 BFDF7B8 Report Created On:9/14/22 8:52:45 PM Subtotal:$2,230.20 A13 No. Description Unit Qty Unit Price Ext Price Part A- STOP FOR PEDESTRIAN CROSSING SIGN EA 3 $1,200.00 $3,600.00 PEDESTRIAN AND INCLUDING METAL POLE AND MOBILITY FOUNDATION IMPROVEMENTS Subtotal:$3,600.00 A14 No. Description Unit Qty Unit Price Ext Price Part A- CHAINLINK FENCE WITH GATE LF 18 $330.00 $5,940.00 PEDESTRIAN AND MOBILITY IMPROVEMENTS Subtotal:$5,940.00 A15 No. Description Unit Qty Unit Price Ext Price Part A- ALLOWANCE FOR UNFORESEEN AL 1 $40,000.00 $40,000.00 PEDESTRIAN AND IMPROVEMENTS MOBILITY IMPROVEMENTS Subtotal: $40,000.00 131 No. Description Unit Qty Unit Price Ext Price Part B- LIGHTING ELECTRICAL SYSTEM LS 1 $229,156.80 $229,156.80 IMPROVEMENTS Subtotal: $229,156.80 B2 No. Description Unit Qty Unit Price Ext Price Part B- LIGHTING LIGHT POLE FOOTINGS EA 14 $2,400.00 $33,600.00 IMPROVEMENTS Subtotal: $33,600.00 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871 BFDF7B8 Report Created On:9/14/22 8:52:45 PM C1 No. Description Unit Qty Unit Price Ext Price Part C- EXERCISE SITE GRADING LS 1 $7,500.00 $7,500.00 EQUIPMENT STATIONS Subtotal:$7,500.00 C2 No. Description Unit Qty Unit Price Ext Price Part C- EXERCISE CONCRETE BAND LF 140 $36.00 $5,040.00 EQUIPMENT STATIONS Subtotal:$5,040.00 C3 No. Description Unit Qty Unit Price Ext Price Part C- EXERCISE CONCRETE W/EPDXY NON-SLIP SF 1100 $19.20 $21,120.00 EQUIPMENT WEATHER RESISTANT COATING STATIONS Subtotal: $21,120.00 C4 No. Description Unit Qty Unit Price Ext Price Part C- EXERCISE FITNESS EQUIPMENT(6 UNITS) LS 1 $58,337.50 $58,337.50 EQUIPMENT INCLUDING INSTALLATION STATIONS Subtotal: $58,337.50 D1 No. Description Unit Qty Unit Price Ext Price Part D- MOBILIZATION LS 1 $10,200.00 $10,200.00 PEDESTRIAN AND MOBILITY IMPROVEMENTS Subtotal: $10,200.00 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871 BFDF7B8 Report Created On:9/14/22 8:52:45 PM D2 No. Description Unit Qty Unit Price Ext Price Part D- BONDS AND INSURANCE AL 1 $12,000.00 $12,000.00 PEDESTRIAN AND MOBILITY IMPROVEMENTS Subtotal: $12,000.00 D3 No. Description Unit Qty Unit Price Ext Price Part D- STORM WATER POLLUTION LS 1 $5,460.00 $5,460.00 PEDESTRIAN AND PREVENTION PLAN MOBILITY IMPROVEMENTS Subtotal:$5,460.00 D4 No. Description Unit Qty Unit Price Ext Price Part D- INTERIOR TRAFFIC CONTROL LS 1 $3,000.00 $3,000.00 PEDESTRIAN AND MOBILITY IMPROVEMENTS Subtotal:$3,000.00 D5 No. Description Unit Qty Unit Price Ext Price Part D- SCARIFYING AND RESHAPING BASE SY 1940 $33.43 $64,854.20 PEDESTRIAN AND COURSE WITH ASPHALT SURFACE MOBILITY IMPROVEMENTS Subtotal: $64,854.20 D6 No. Description Unit Qty Unit Price Ext Price Part D- 7'WIDE CONCRETE WALKING TRAIL SF 17530 $8.96 $157,068.80 PEDESTRIAN AND MOBILITY IMPROVEMENTS DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871 BFDF7B8 Report Created On:9/14/22 8:52:45 PM Subtotal: $157,068.80 D7 No. Description Unit Qty Unit Price Ext Price Part D- 6"TYPE A. GRADE 1-2 CRUSHED SY 10 $20.00 $200.00 PEDESTRIAN AND LIMESTONE BASE MOBILITY IMPROVEMENTS Subtotal: $200.00 D8 No. Description Unit Qty Unit Price Ext Price Part D- ADA RAMP SF 45 $42.64 $1,918.80 PEDESTRIAN AND MOBILITY IMPROVEMENTS Subtotal:$1,918.80 D9 No. Description Unit Qty Unit Price Ext Price Part D- FULL-DEPTH PAVEMENT REPAIR SY 5 $287.82 $1,439.10 PEDESTRIAN AND MOBILITY IMPROVEMENTS Subtotal:$1,439.10 D10 No. Description Unit Qty Unit Price Ext Price Part D- SEEDING FOR EROSION PROTECTION SY 835 $3.78 $3,156.30 PEDESTRIAN AND MOBILITY IMPROVEMENTS Subtotal:$3,156.30 D11 No. Description Unit Qty Unit Price Ext Price DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871 BFDF7B8 Report Created On:9/14/22 8:52:45 PM Part D- CHAINLINK FENCE WITH GATE LF 36 $330.86 $11,910.96 PEDESTRIAN AND MOBILITY IMPROVEMENTS Subtotal: $11,910.96 D12 No. Description Unit Qty Unit Price Ext Price Part D- ALLOWANCE FOR UNFORESEEN AL 1 $40,000.00 $40,000.00 PEDESTRIAN AND IMPROVEMENTS MOBILITY IMPROVEMENTS Subtotal: $40,000.00 E1 No. Description Unit Qty Unit Price Ext Price Part E- LIGHTING ELECTRICAL SYSTEM LS 1 $282,290.40 $282,290.40 IMPROVEMENTS Subtotal: $282,290.40 E2 No. Description Unit Qty Unit Price Ext Price Part E- LIGHTING LIGHT POLE FOOTINGS EA 17 $2,400.00 $40,800.00 IMPROVEMENTS Subtotal: $40,800.00 F1 No. Description Unit Qty Unit Price Ext Price Part F- EXERCISE SITE GRADING LS 1 $9,000.00 $9,000.00 EQUIPMENT STATIONS Subtotal:$9,000.00 F2 No. Description Unit Qty Unit Price Ext Price Part F- EXERCISE CONCRETE BAND LF 210 $36.00 $7,560.00 EQUIPMENT DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871 BFDF7B8 Report Created On:9/14/22 8:52:45 PM STATIONS Subtotal:$7,560.00 F3 No. Description Unit Qty Unit Price Ext Price Part F- EXERCISE CONCRETE W/EPDXY NON-SLIP SF 1650 $19.20 $31,680.00 EQUIPMENT WEATHER RESISTANT COATING STATIONS Subtotal: $31,680.00 F4 No. Description Unit Qty Unit Price Ext Price Part F- EXERCISE FITNESS EQUIPMENT(9 UNITS) LS 1 $103,381.25 $103,381.25 EQUIPMENT INCLUDING INSTALLATION STATIONS Subtotal: $103,381.25 000uSignEnvelope m:unsze000-2oo7-4*oo*pxa+Drx71spop7Bo oo DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 000100 TABLE OF CONTENTS Division/ Title Section 00 00 00 Cover Sheet 00 01 00 Table of Contents 00 01 02 List of Drawings Division 00 Procurement and Contracting Requirements 00 52 23 Agreement (Rev 12-2021) 00 72 00 General Conditions(Rev6-2021) 00 73 00 Supplementary Conditions(Rev2-2020) 00 74 00 Special Conditions for(Community Development Block Grant Program) (Rev 10-2018) 00 74 01 Federal Requirements for Construction Contracts CDBG Division 01 General Requirements 01 11 00 Summary of Work(Rev 10-2018) 01 23 10 Alternates and Allowances(Rev 5-2020) 01 29 01 Measurement and Basis for Payment (Rev 5-2020) 01 33 01 Submittal Register(Rev 10-2018) 01 35 00 Special Procedures(Rev 10-2018) 01 50 00 Temporary Facilities and Controls(Rev8-2019) 01 57 00 Temporary Controls Part S Standard Specifications 021020 Site Clearing and Striping 021040 Site Grading 022100 Select Material 022420 Silt Fence 025202 Scarifying and Reshaping Base Course 025205 Pavement Repair, Curb, Gutter, Sidewalk& Driveway Replacement 025223 Crushed Limestone Flexible Base 025404 Asphalts, Oils and Emulsions 025412 Prime Coat 025424 Hot Mix Asphalt Concrete Pavement Table of Contents 000100- 1 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 1/2022 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Division/ Title Section Part S Standard Specifications(Cont'd) 025612 Concrete Sidewalks& Driveways 025614 Concrete Curb Ramps 025620 Portland Cement Concrete Pavement 025802 Temporary Traffic Controls During Construction 025807 Pavement Markings (Paint and Thermoplastic) 028340 Chain Link Security Fence 030020 Portland Cement Concrete 032020 Reinforcing Steel 037040 Epoxy Compounds (S-44) 038000 Concrete Structures Part T Technical Specifications 022410-T Storm Water Pollution Prevention 028020-T Seeding(5-14) Appendix All Testing Reports as Applicable 1 Rock Engineering & Testing Laboratory, Inc. Geotechnical Investigation and Recommendations for the Proposed Salinas Park Improvements,April 6, 2022 END OF SECTION Table of Contents 000100-2 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 1/2022 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 00 0102 LIST OF DRAWINGS SHEET DRAWING TITLE CONSULTANT No. SHEET No. 1 TITLE SHEET C1 2 GENERAL NOTES&SEQUENCE OF CONSTRUCTION C2 3 LEGEND, ESTIMATED QUANTITIES&TESTING SCHEDULE C3 4 SHEET LAYOUT CONTROL& BENCHMARK INFO C4 5 DEMOLITION PLAN C5 6 PROPOSED TRAIL GRADING PLAN (1 OF 2) (BASE BID) C6 7 PROPOSED TRAIL GRADING PLAN (2 OF 2) (ALTERNATE BID 1) C7 8 IMPROVEMENTS OVER STORM PIPE CROSSING (1 OF 2) (ALTERNATE BID 1) C8 9 IMPROVEMENTS OVER STORM PIPE CROSSING (2 OF 2) C9 10 NEW TRAIL CONNECTION CROSSING TO EXISTING SIDEWALK(1 OF 2) C10 11 NEW TRAIL CONNECTION CROSSING TO EXISTING SIDEWALK(2 OF 2) C11 12 MISCELLANEOUS DETAILS(1 OF 2) C12 13 MISCELLANEOUS DETAILS(2 OF 2) C13 14 C.O.C.C. PEDESTRIAN CURB RAMP STANDARDS(1 OF 4) C14 15 C.O.C.C. PEDESTRIAN CURB RAMP STANDARDS(2 OF 4) C15 16 C.O.C.C. PEDESTRIAN CURB RAMP STANDARDS(3 OF 4) C16 17 C.O.C.C. PEDESTRIAN CURB RAMP STANDARDS(4 OF 4) C17 18 INTERIOR TRAFFIC CONTROL PLAN & DETAILS C18 19 EROSION AND SEDIMENTATION CONTROL PLAN C19 20 STORM WATER POLLUTION PREVENTION PLAN NOTES(1 OF 3) C20 21 STORM WATER ENVIRONMENTAL PERMITS ISSUED AND COMMENTS(EPIC) (2 OF 3) C21 22 STORM WATER POLLUTION PREVENTION PLAN DETAILS(3 OF 3) C22 23 ELECTRICAL SPECIFICATIONS EO 24 ELECTRICAL SITE LIGHTING PLAN E2 25 ELECTRICAL RISER DRAWINGS E3 26 ELECTRICAL SCHEDULES AND LEGEND E4 27 FITNESS STATIONS LAYOUT L1 28 FITNESS STATIONS A& B LAYOUT L2 29 FITNESS STATIONS C, D& E LAYOUT L3 30 FITNESS STATIONS A& B EQUIPMENT DETAILS L4 31 FITNESS STATIONS C& D EQUIPMENT DETAILS L5 32 FITNESS STATION E EQUIPMENT DETAILS L6 END OF SECTION List of Drawings 000102-1 Salinas Park Improvements Project(CDBG), Project No.852105F DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 ,�vs car 0 kCo PQR h7�� x8'52 00 52 23 AGREEMENT This Agreement, for the Project awarded on [insert Award Date], 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: Salinas Park Improvements Prosect(CDBG) Proiect Number 852105F ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LJA Engineering, Inc. 5350 S. Staples,Suite 425 Corpus Christi,Texas 78411 ysingleton@lja.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel Assistant Director of Construction Services 4917 Holly Road, Bldg. 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 160 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 190 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 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 12/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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$400 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 005223-2 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 12/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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 OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 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 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 12/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 12/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers,memoranda,and similar data relating to the Cost of the Work and the Contractor's fee.The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Solicitation documents. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 12/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Jeffrey Edmonds, P.E City Secretary Director of Engineering Services AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President Vice President Chief Executive Officer, or Chief Financial Officer Address City State Zip Phone Fax Entail END OF SECTION Agreement 005223-6 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 12/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 00 72 00 GENERAL CONDITIONS Table of Contents Page Article 1—Definitions and Terminology .....................................................................................................10 1.01 Defined Terms.............................................................................................................................10 1.02 Terminology................................................................................................................................15 Article2—Preliminary Matters...................................................................................................................16 2.01 Delivery of Bonds and Evidence of Insurance.............................................................................16 2.02 Copies of Documents..................................................................................................................16 2.03 Project Management System......................................................................................................16 2.04 Before Starting Construction ......................................................................................................17 2.05 Preconstruction Conference; Designation of Authorized Representatives................................17 Article 3—Contract Documents: Intent, Requirements, Reuse.................................................................17 3.01 Intent...........................................................................................................................................17 3.02 Reference Standards...................................................................................................................18 3.03 Reporting and Resolving Discrepancies......................................................................................19 3.04 Interpretation of the Contract Documents.................................................................................20 3.05 Reuse of Documents...................................................................................................................20 Article 4—Commencement and Progress of the Work..............................................................................20 4.01 Commencement of Contract Times; Notice to Proceed.............................................................20 4.02 Starting the Work........................................................................................................................20 4.03 Progress Schedule.......................................................................................................................21 4.04 Delays in Contractor's Progress..................................................................................................21 Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions...................................................................................................................................................22 5.01 Availability of Lands....................................................................................................................22 5.02 Use of Site and Other Areas........................................................................................................22 5.03 Subsurface and Physical Conditions............................................................................................23 5.04 Differing Subsurface or Physical Conditions...............................................................................24 5.05 Underground Facilities................................................................................................................25 5.06 Hazardous Environmental Conditions at Site .............................................................................26 Article 6—Bonds and Insurance .................................................................................................................28 6.01 Performance, Payment, and Other Bonds..................................................................................28 General Conditions 007200-1 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 6.02 Licensed Sureties ........................................................................................................................29 6.03 Required Minimum Insurance Coverage....................................................................................29 6.04 General Insurance Provisions......................................................................................................29 6.05 Contractor's Insurance................................................................................................................30 6.06 Property Insurance......................................................................................................................33 6.07 Waiver of Rights..........................................................................................................................34 6.08 Owner's Insurance for Project....................................................................................................34 6.09 Acceptable Evidence of Insurance..............................................................................................35 6.10 Certificate of Insurance...............................................................................................................35 6.11 Insurance Policies........................................................................................................................35 6.12 Continuing Evidence of Coverage...............................................................................................35 6.13 Notices Regarding Insurance ......................................................................................................35 6.14 Texas Workers' Compensation Insurance Required Notice .......................................................36 Article 7-Contractor's Responsibilities.....................................................................................................38 7.01 Supervision and Superintendence..............................................................................................38 7.02 Labor; Working Hours.................................................................................................................38 7.03 Services, Materials, and Equipment ...........................................................................................39 7.04 Concerning Subcontractors, Suppliers, and Others....................................................................39 7.05 Patent Fees and Royalties...........................................................................................................40 7.06 Permits........................................................................................................................................41 7.07 Taxes...........................................................................................................................................41 7.08 Laws and Regulations..................................................................................................................41 7.09 Safety and Protection .................................................................................................................42 7.10 Safety Representative.................................................................................................................43 7.11 Hazard Communication Programs..............................................................................................43 7.12 Emergencies................................................................................................................................43 7.13 Contractor's General Warranty and Guarantee .........................................................................43 7.14 INDEMNIFICATION......................................................................................................................44 7.15 Delegation of Professional Design Services................................................................................45 Article 8-Other Work at the Site...............................................................................................................46 8.01 Other Work.................................................................................................................................46 8.02 Coordination ...............................................................................................................................47 8.03 Legal Relationships......................................................................................................................47 General Conditions 007200-2 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Article 9—Owner's and OPT's Responsibilities...........................................................................................48 9.01 Communications to Contractor ..................................................................................................48 9.02 Replacement of Owner's Project Team Members......................................................................48 9.03 Furnish Data................................................................................................................................48 9.04 Pay When Due.............................................................................................................................48 9.05 Lands and Easements; Reports and Tests...................................................................................48 9.06 Insurance.....................................................................................................................................48 9.07 Modifications..............................................................................................................................48 9.08 Inspections,Tests, and Approvals...............................................................................................48 9.09 Limitations on OPT's Responsibilities .........................................................................................48 9.10 Undisclosed Hazardous Environmental Condition......................................................................49 9.11 Compliance with Safety Program................................................................................................49 Article 10—OAR's and Designer's Status During Construction ..................................................................49 10.01 Owner's Representative..........................................................................................................49 10.02 Visits to Site.............................................................................................................................49 10.03 Resident Project Representatives...........................................................................................49 10.04 Rejecting Defective Work........................................................................................................49 10.05 Shop Drawings, Modifications and Payments.........................................................................50 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work...................50 10.07 Limitations on OAR's and Designer's Authority and Responsibilities.....................................50 Article 11—Amending the Contract Documents; Changes in the Work ....................................................50 11.01 Amending and Supplementing the Contract Documents.......................................................50 11.02 Owner-Authorized Changes in the Work................................................................................51 11.03 Unauthorized Changes in the Work........................................................................................51 11.04 Change of Contract Price ........................................................................................................52 11.05 Change of Contract Times.......................................................................................................52 11.06 Change Proposals....................................................................................................................52 11.07 Execution of Change Orders ...................................................................................................53 11.08 Notice to Surety......................................................................................................................54 Article 12—Change Management ..............................................................................................................54 12.01 Requests for Change Proposal................................................................................................54 12.02 Change Proposals....................................................................................................................54 12.03 Designer Will Evaluate Request for Modification...................................................................55 General Conditions 007200-3 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 12.04 Substitutions...........................................................................................................................55 Article13—Claims.......................................................................................................................................56 13.01 Claims......................................................................................................................................56 13.02 Claims Process.........................................................................................................................57 Article 14—Prevailing Wage Rate Requirements.......................................................................................58 14.01 Payment of Prevailing Wage Rates.........................................................................................58 14.02 Records....................................................................................................................................58 14.03 Liability; Penalty; Criminal Offense.........................................................................................59 14.04 Prevailing Wage Rates.............................................................................................................59 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................59 15.01 Cost of the Work.....................................................................................................................59 15.02 Allowances..............................................................................................................................63 15.03 Unit Price Work.......................................................................................................................63 15.04 Contingencies..........................................................................................................................64 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................65 16.01 Access to Work........................................................................................................................65 16.02 Tests, Inspections and Approvals............................................................................................65 16.03 Defective Work .......................................................................................................................65 16.04 Acceptance of Defective Work................................................................................................66 16.05 Uncovering Work....................................................................................................................66 16.06 Owner May Stop the Work.....................................................................................................67 16.07 Owner May Correct Defective Work.......................................................................................67 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................67 17.01 Progress Payments..................................................................................................................67 17.02 Application for Payment.........................................................................................................69 17.03 Schedule of Values..................................................................................................................71 17.04 Schedule of Anticipated Payments and Earned Value............................................................72 17.05 Basis for Payments..................................................................................................................73 17.06 Payment for Stored Materials and Equipment.......................................................................73 17.07 Retainage and Set-Offs ...........................................................................................................74 17.08 Procedures for Submitting an Application for Payment.........................................................74 17.09 Responsibility of Owner's Authorized Representative...........................................................75 17.10 Contractor's Warranty of Title................................................................................................76 General Conditions 007200-4 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 17.11 Substantial Completion...........................................................................................................76 17.12 Partial Utilization.....................................................................................................................77 17.13 Final Inspection.......................................................................................................................77 17.14 Final Application for Payment.................................................................................................77 17.15 Final Payment..........................................................................................................................78 17.16 Waiver of Claims.....................................................................................................................78 17.17 Correction Period....................................................................................................................78 Article 18-Suspension of Work and Termination.....................................................................................79 18.01 Owner May Suspend Work.....................................................................................................79 18.02 Owner May Terminate for Cause............................................................................................79 18.03 Owner May Terminate For Convenience................................................................................80 Article 19-Project Management...............................................................................................................81 19.01 Work Included.........................................................................................................................81 19.02 Quality Assurance ...................................................................................................................81 19.03 Document Submittal...............................................................................................................81 19.04 Required Permits ....................................................................................................................81 19.05 Safety Requirements...............................................................................................................82 19.06 Access to the Site....................................................................................................................82 19.07 Contractor's Use of Site..........................................................................................................82 19.08 Protection of Existing Structures and Utilities........................................................................83 19.09 Pre-Construction Exploratory Excavations..............................................................................83 19.10 Disruption of Services/Continued Operations........................................................................84 19.11 Field Measurements ...............................................................................................................84 19.12 Reference Data and Control Points.........................................................................................84 19.13 Delivery and Storage...............................................................................................................85 19.14 Cleaning During Construction.................................................................................................86 19.15 Maintenance of Roads, Driveways, and Access......................................................................86 19.16 Area Access and Traffic Control..............................................................................................87 19.17 Overhead Electrical Wires.......................................................................................................87 19.18 Blasting....................................................................................................................................87 19.19 Archeological Requirements...................................................................................................87 19.20 Endangered Species Resources...............................................................................................88 19.21 Cooperation with Public Agencies..........................................................................................88 General Conditions 007200-5 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Article 20—Project Coordination................................................................................................................88 20.01 Work Included.........................................................................................................................88 20.02 Document Submittal...............................................................................................................88 20.03 Communication During Project...............................................................................................89 20.04 Project Meetings.....................................................................................................................89 20.05 Requests for Information........................................................................................................91 20.06 Decision and Action Item Log..................................................................................................91 20.07 Notification By Contractor......................................................................................................92 20.08 Record Documents..................................................................................................................92 Article 21—Quality Management...............................................................................................................94 21.01 Contractor's Responsibilities ..................................................................................................94 21.02 Quality Management Activities by OPT..................................................................................95 21.03 Contractor's Use of OPT's Test Reports..................................................................................96 21.04 Documentation .......................................................................................................................96 21.05 Standards................................................................................................................................97 21.06 Delivery and Storage...............................................................................................................97 21.07 Verification Testing for Corrected Defects..............................................................................97 21.08 Test Reports............................................................................................................................97 21.09 Defective Work .......................................................................................................................98 21.10 Limitation of Authority of Testing Laboratory........................................................................98 21.11 Quality Control Plan................................................................................................................98 21.12 Implement Contractor's Quality Control Plan ......................................................................100 Article 22—Final Resolution of Disputes..................................................................................................101 22.01 Senior Level Negotiations .....................................................................................................101 22.02 Mediation..............................................................................................................................101 Article 23—Minority/MBE/DBE Participation Policy................................................................................102 23.01 Policy.....................................................................................................................................102 23.02 Definitions.............................................................................................................................102 23.03 Goals......................................................................................................................................103 23.04 Compliance............................................................................................................................104 Article 24—Document Management........................................................................................................104 24.01 Work Included.......................................................................................................................104 24.02 Quality Assurance .................................................................................................................104 General Conditions 007200-6 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 24.03 Contractor's Responsibilities ................................................................................................104 24.04 Document Submittal.............................................................................................................105 24.05 Document Numbering ..........................................................................................................105 24.06 Document Requirements......................................................................................................106 Article25—Shop Drawings.......................................................................................................................107 25.01 Work Included.......................................................................................................................107 25.02 Quality Assurance .................................................................................................................107 25.03 Contractor's Responsibilities ................................................................................................107 25.04 Shop Drawing Requirements ................................................................................................109 25.05 Special Certifications and Reports........................................................................................109 25.06 Warranties and Guarantees..................................................................................................110 25.07 Shop Drawing Submittal Procedures....................................................................................110 25.08 Sample and Mockup Submittal Procedures..........................................................................112 25.09 Equal Non Specified Products...............................................................................................113 25.10 Requests for Deviation..........................................................................................................113 25.11 Designer Responsibilities......................................................................................................114 25.12 Resubmission Requirements.................................................................................................116 Article26—Record Data ...........................................................................................................................117 26.01 Work Included.......................................................................................................................117 26.02 Quality Assurance .................................................................................................................117 26.03 Contractor's Responsibilities ................................................................................................117 26.04 Record Data Requirements...................................................................................................118 26.05 Special Certifications and Reports........................................................................................118 26.06 Warranties and Guarantees..................................................................................................119 26.07 Record Data Submittal Procedures.......................................................................................119 26.08 Designer's Responsibilities....................................................................................................120 Article 27—Construction Progress Schedule............................................................................................121 27.01 Requirements........................................................................................................................121 27.02 Document Submittal.............................................................................................................121 27.03 Schedule Requirements........................................................................................................121 27.04 Schedule Revisions................................................................................................................123 27.05 Float Time..............................................................................................................................123 Article 28—Video and Photographic documentation ..............................................................................124 General Conditions 007200-7 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 28.01 Work Included.......................................................................................................................124 28.02 Quality Assurance .................................................................................................................124 28.03 Document Submittal.............................................................................................................124 28.04 Photographs..........................................................................................................................125 28.05 Video Recording....................................................................................................................125 Article 29-Execution and Closeout.........................................................................................................125 29.01 Substantial Completion.........................................................................................................125 29.02 Final Inspections....................................................................................................................126 29.03 Reinspection Fees .................................................................................................................126 29.04 Closeout Documents Submittal ............................................................................................127 29.05 Transfer of Utilities ...............................................................................................................127 29.06 Warranties, Bonds and Service Agreements.........................................................................127 Article30-Miscellaneous........................................................................................................................128 30.01 Computation of Times...........................................................................................................128 30.02 Owner's Right to Audit Contractor's Records.......................................................................128 30.03 Independent Contractor.......................................................................................................129 30.04 Cumulative Remedies ...........................................................................................................129 30.05 Limitation of Damages..........................................................................................................129 30.06 No Waiver.............................................................................................................................129 30.07 Severability............................................................................................................................129 30.08 Survival of Obligations ..........................................................................................................130 30.09 No Third Party Beneficiaries .................................................................................................130 30.10 Assignment of Contract.........................................................................................................130 30.11 No Waiver of Sovereign Immunity........................................................................................130 30.12 Controlling Law.....................................................................................................................130 30.13 Conditions Precedent to Right to Sue...................................................................................130 30.14 Waiver of Trial by Jury...........................................................................................................130 30.15 Attorney Fees........................................................................................................................130 30.16 Compliance with Laws...........................................................................................................131 30.17 Enforcement..........................................................................................................................131 30.18 Subject to Appropriation.......................................................................................................131 30.19 Contract Sum.........................................................................................................................131 30.20 Contractor's Guarantee as Additional Remedy....................................................................131 General Conditions 007200-8 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 30.21 Notices. .................................................................................................................................131 General Conditions 007200-9 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid —The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Documents. 7. Bidding Documents — The solicitation documents, the proposed Contract Documents and Addenda. 8. Bidder—An individual or entity that submits a Bid to Owner. 9. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 10. Change Order-A document issued on or after the Effective Date of the Contract,which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 11. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 12. City Engineer - The Corpus Christi City Engineer and/or designee as identified at the preconstruction conference or in the Notice to Proceed. General Conditions 007200-10 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 13. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. Claims must be initiated by written notice, signed and sworn to be an authorized corporate officer, verifying the truth and accuracy of the Claim. 14. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act,42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 15. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 16. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract but does not make changes in the Work. 17. Contract Documents - Those items designated as Contract Documents in the Agreement. 18. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 19. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 20. Contractor-The individual or entity with which Owner has contracted for performance of the Work. General Conditions 007200-11 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 21. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 22. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 23. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion 24. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 25. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 26. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 27. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 28. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 29. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner. These costs include fees for engineers, architects, attorneys, and other professionals. 30. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts having jurisdiction over the Project. 31. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. General Conditions 007200-12 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 32. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 33. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 34. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 35. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 36. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 37. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 38. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals or entities directly or indirectly employed or retained by them to provide services to the Owner. 39. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 40. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 41. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 42. Project Manual — That portion of the Contract Documents that may include the following: introductory information,solicitation requirements and responses, proposal, Contract forms and General and Supplementary Conditions, General Requirements, Specification, Drawings, Project Safety Manual and Addenda. 43. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. General Conditions 007200-13 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 44. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 45. Schedule of Documents-A schedule of required documents, prepared and maintained by Contractor. 46. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 47. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings,whether approved or not, are not Drawings and are not Contract Documents. 48. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 49. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 50. Subcontractor-An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 51. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 52. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 53. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 54. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 55. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 56. Unit Price Work-Work to be paid for on the basis of unit prices. General Conditions 007200-14 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 57. Work - The construction of the Project or its component parts as required by the Contract Documents. 58. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or General Conditions 007200-15 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Provide required Bonds with the executed Agreement. B. Provide evidence of insurance required by the Contract Documents with the executed Agreement. 2.02 Copies of Documents A. OPT is to furnish one fully executed Agreement (either electronic or printed) and one copy of the executed Contract Documents in electronic portable document format (PDF). This document is the Project Record Copy of the Contract Documents. 2.03 Project Management System A. Owner shall administer its design and construction management through an internet-based project management system known as e-Builder. B. Contractor shall conduct all communication through and perform all project-related functions utilizing this project management system. This includes all correspondence, General Conditions 007200-16 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 submittals, requests for information, payment requests and processing, contract amendments, change orders, delivery orders and other administrative activities. C. Owner shall administer the software and provide training to Contractor's Team. 2.04 Before Starting Construction A. Provide the following preliminary documents in accordance with the Contract Documents within 10 days after the Effective Date of the Contract: 1. Progress Schedule,which must be a Critical Path Method (CPM) Schedule; 2. Schedule of Documents; and 3. Schedule of Values and projected cash flow information. 2.05 Preconstruction Conference; Designation of Authorized Representatives A. Attend the preconstruction conference as required by the Contract Documents. B. Designate the specific individuals authorized to act as representatives of the Contractor. These individuals must have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of the Contractor. C. Owner is to designate the specific individuals authorized to act as representatives of the Owner and the limits of their authority with regard to acting on behalf of the Owner. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. Requirements of components of the Contract Documents are as binding as if required by all Contract Documents. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OPT. 1. The Contract requirements described in the General Conditions and Supplementary Conditions apply to Work regardless of where it is described in the Contract Documents, unless specifically noted otherwise. 2. In offering a Bid for this Project and in entering into this Contract,Contractor represents: a. Contractor has studied the Contract Documents, the Work, the Site, local conditions, Laws and Regulations, and other conditions that may affect the Work; b. Contractor has studied the Technical Data and other information referred to in the Contract Documents and has or will make additional surveys and investigations as deemed necessary for the performance of the Work; c. Contractor has correlated these studies and observations with the requirements of the Contract Documents; and d. Contractor has taken all of this information into consideration in developing the Contract Price offered and that the Contract Price offered provides full compensation for providing the Work in accordance with the Contract Documents. General Conditions 007200-17 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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. S. Provide the labor, documentation, services, materials, or equipment that may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result, whether specifically called for in the Contract Documents or not. Include these related costs in the offered Contract Price. B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. C. Comply with the most stringent requirements where compliance with two or more standards is specified and they establish different or conflicting requirements for the Work, unless the Contract Documents indicate otherwise. D. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications. E. The Project Record Copy of the Contract Documents governs if there is a discrepancy between the Project Record Copy of the Contract Documents and subsequent electronic or digital versions of the Contract Documents, including printed copies derived from these electronic or digital versions. F. The Contract supersedes all prior written or oral negotiations, representations, and agreements. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only by a Modification. G. Request clarification from OAR for a decision before proceeding if Contractor is not clear on the meaning of the Contract Documents. OAR is to issue clarifications and interpretations of the Contract Documents in accordance with the Contract Documents. 3.02 Reference Standards A. Standard Specifications, Codes, Laws and Regulations: 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of technical societies, organizations, or associations, or to Laws or Regulations,whether specific or implied, are those in effect at the time Contractor's Bid is submitted or when Contractor negotiates the Contract Price unless specifically stated otherwise in the Contract Documents. General Conditions 007200-18 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 2. No provision of referenced standard specifications, manuals, reference standards, codes, or instructions of a Supplier changes the duties or responsibilities of OPT or Contractor from those described in the Contract Documents or assigns a duty to or gives authority to the OPT to supervise or direct the performance of the Work or undertake responsibilities inconsistent with the Contract Documents. 3. The provisions of the Contract Documents take precedence over standard specifications, manuals, reference standards, codes, or instructions of a Supplier unless specifically stated otherwise in the Contract Documents. B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. C. Make copies of reference standards available if requested by OAR. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Carefully study the Drawings and verify pertinent figures and dimensions with respect to actual field measurements before undertaking the Work. Immediately report conflicts, errors, ambiguities, or discrepancies that Contractor discovers or has actual knowledge of to the OAR. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Paragraph 11.01. 2. The exactness of existing grades, elevations, dimensions or locations given on any Drawings issued by Designer, or the work installed by other contractors, is not guaranteed by Owner. Contractor shall,therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions and locations. Any errors due to Contractor's failure to verify at the site all such grades, elevations, dimensions or locations relating to such existing or other work shall be rectified by Contractor without any additional cost to Owner. 3. Immediately notify the OAR of conflicts, errors, ambiguities, or discrepancies in the Contract Documents or discrepancies between the Contract Documents and: a. Applicable Laws or Regulations; b. Actual field conditions; c. Standard specifications, manuals, reference standards, or codes; or d. Instructions of Suppliers. 4. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the General Conditions 007200-19 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Contract Documents issued pursuant to Paragraph 11.01, except in an emergency as required by Paragraph 7.12. 5. Contractor is liable to the OPT for failure to report conflicts, errors, ambiguities, or discrepancies in the Contract Documents of which Contractor has actual knowledge. 6. Contractor is deemed to have included the most expensive item, system, procedure, etc. in the Contract Price if a conflict, error,ambiguity, or discrepancy in components of the Contract Documents was known, but not reported prior to submitting the Bid or when Contractor negotiates the Contract Price. 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual/administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. 3.05 Reuse of Documents A. Contractor's Team has no rights to the Contract Documents and may not use the Contract Documents, or copies or electronic media editions of the Contract Documents, other than for the construction of this Project. This provision survives final payment or termination of the Contract. B. Contractor is allowed to retain a copy of the Contract Documents for record purposes, unless specifically prohibited by the Owner for security reasons. Surrender paper and digital copies of the Contract Documents and other related documents and remove these documents from computer equipment or storage devices as a condition of final payment if the Owner so directs. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times commence to run on the date indicated in the Notice to Proceed. 4.02 Starting the Work A. Begin performing the Work on the date indicated in the Notice to Proceed. Do not begin Work prior to having the insurance required in Article 6 in force or before the date indicated in the Notice to Proceed. General Conditions 007200-20 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 4.03 Progress Schedule A. Construct the Work in accordance with the Progress Schedule established in accordance with the Contract Documents. 1. Adjust the Progress Schedule as required to accurately reflect actual progress on the Work. 2. Submit proposed adjustments in the Progress Schedule that change the Contract Times in accordance with the requirements of Article 11. B. Continue performing Work and adhere to the Progress Schedule during disputes or disagreements with Owner. Do not delay or postpone Work pending resolution of disputes or disagreements, or during an appeal process. 4.04 Delays in Contractor's Progress A. No Damages for Delay: Contractor shall receive no compensation for delays or hindrances to the Work,except in the case of direct interference with means and methods by the Owner. In no event shall the Contractor be entitled to any compensation or recovery of any special damages in connection with any delays, including without limitation: consequential damages, lost opportunity costs, impact damages, or other similar damages. Owner's exercise of any of its rights or remedies under the Contract Documents (including without limitation ordering changes in the Work, or directing suspension, rescheduling, or correction of the Work), regardless of the extent or frequency of Owner's exercise of such rights or remedies, shall not be construed as active interference in the Contractor's performance of the Work. An extension of Contract Time, to the extent permitted, shall be the sole remedy of the Contractor for any acknowledged delays.Contractor agrees that the extension of time provides an equitable adjustment. B. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delays, disruptions, or interference caused by or within the control of Contractor's Team. C. No time extensions are allowed for weather conditions, other than those listed in Paragraph 4.04.D, for Projects using calendar days or a fixed date to establish the Contract Time. Contractor is to include the cost associated with weather related delays in the Contract Price and assumes the risks associated with delays related to weather conditions. D. Contractor is entitled to an equitable adjustment in the Contract Times if Contractor's performance or progress is delayed,disrupted or interfered with by unanticipated causes not the fault of and beyond the control of OPT or Contractor. These adjustments in Contract Times are the Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. These unanticipated causes may include: 1. Severe and unavoidable natural catastrophes e.g. fires, floods, hurricanes, epidemics, and earthquakes; 2. Acts or failures to act of utility owners performing other work at or adjacent to the Site; 3. Acts of war or terrorism; and 4. Rain days in excess of the number specified in a calendar year. General Conditions 007200-21 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 E. Delays, disruption, and interference to the performance or progress of the Work resulting from the following are governed by Article 5: 1. The existence of a differing subsurface or physical condition; 2. An Underground Facility not shown or not indicated with reasonable accuracy by the Contract Documents; and 3. Hazardous Environmental Conditions. F. Article 8 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. G. Notify the OAR immediately of a potential delaying, disrupting, or interfering event. Submit a Change Proposal seeking an adjustment in Contract Price or Contract Times within 30 days of the commencement of the delaying, disrupting, or interfering event. Claims for adjustment to the Contract Price or Contract Times that do not comply with Article 13 are waived. H. Contractor is only entitled to an adjustment of the Contract Times for specific delays, disruptions, and interference to the performance or progress of the Work that can be demonstrated to directly impact the ability of the Contractor to complete the Work within the Contract Times. No adjustments in Contract Times are allowed for delays on components of the Work which were or could have been completed without impacting the Contract Times. I. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of the Owner if this delay is concurrent with a delay, disruption, or interference attributable to or within the control of the Contractor's Team. ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner is to furnish the Site and inform the Contractor of encumbrances or restrictions known to Owner related to use of the Site with which Contractor must comply in performing the Work. B. Provide for additional lands and access Contractor requires for temporary construction facilities or storage of materials and equipment, other than those identified in the Contract Documents. Provide documentation of authority to use these additional lands to OAR before using them. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Confine construction equipment, temporary construction facilities, the storage of materials and equipment,and the operations of workers to the Site,adjacent areas that Owner or Contractor has arranged to use through construction easements or agreements, and other adjacent areas as permitted by Laws and Regulations. Assume General Conditions 007200-22 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 full responsibility for damage or injuries which result from the performance of the Work or from other actions or conduct of the Contractor's Team, including: a. Damage to the Site; b. Damage to adjacent areas used for Contractor's Team's operations; C. Damage to other adjacent land or areas; and d. Injuries and losses sustained by the owners or occupants of these lands or areas. 2. Take the following action if a damage or injury claim is made by the owner or occupant of adjacent land or area because of the performance of the Work, or because of other actions or conduct of the Contractor's Team: a. Take immediate corrective or remedial action as required by Paragraph 7.09; and b. Attempt to settle the claim through negotiations with the owner or occupant, or otherwise resolve the claim by mediation or other dispute resolution proceeding or at law. 5.03 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to OPT of explorations and tests of subsurface conditions at or adjacent to the Site; 2. Those drawings known to OPT of physical conditions related to existing surface or subsurface structures at the Site, except Underground Facilities; and 3. Technical Data contained in these reports and drawings. B. Data contained in boring logs, recorded measurements of subsurface water levels, and the results of tests performed on materials described in geotechnical data reports specifically prepared for the Project and made available to Contractor are defined as Technical Data, unless Technical Data has been defined more specifically in the Supplementary Conditions. C. Contractor may rely upon the accuracy of the Technical Data contained in these reports and drawings, but these reports and drawings are not Contract Documents. Except for this reliance on Technical Data,Contractor may not rely upon or make claims against Owner with respect to: 1. The completeness of reports and drawings for Contractor's purposes, including aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, or Contractor's safety precautions and programs; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Contractor's interpretation of or conclusions drawn from Technical Data or other data, interpretations, opinions, or information. General Conditions 007200-23 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect to the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. D. Possible Contract Price and Contract Times Adjustments: 1. Contractor is entitled to an equitable adjustment in Contract Price or Contract Times to the extent that a differing subsurface or physical condition causes a change in Contractor's cost or time to perform the Work provided the condition falls within one or more of the categories described in Paragraph 5.04.A. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 15.03. General Conditions 007200-24 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 2. Contractor is not entitled to an adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of the subsurface or physical condition at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; b. The existence of the subsurface or physical condition could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or c. Contractor failed to give notice as required by Paragraph 5.04.A. 3. Contractor may submit a Change Proposal no later than 30 days after OAR's issuance of the OPT's statement to Contractor regarding the subsurface or physical condition in question. 4. A Change Order is to be issued by the OAR if Owner and Contractor agree that Contractor is entitled to an adjustment in the Contract Price or Contract Times and agree to the amount or extent of adjustments in the Contract Price or Contract Times. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Investigating and field-verifying the location of underground facilities before beginning Work; 2. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 3. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 4. Locating Underground Facilities shown or indicated in the Contract Documents; 5. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and 6. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately, but in no event later than 3 days, if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. General Conditions 007200-25 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. E. Contractor is entitled to an equitable adjustment in the Contract Price or Contract Times as provided in Paragraphs 11.04 and 11.05 to the extent that the existing Underground Facility at the Site that was not shown or indicated in the Contract Documents or was not shown or indicated with reasonable accuracy. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 15.03. F. Contractor is not entitled an adjustment in the Contract Price or Contract Times with respect to an existing Underground Facility at the Site if: 1. Contractor knew of the existence of the existing Underground Facility at the Site at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; 2. The existence of the existing Underground Facility at the Site could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or 3. Contractor failed to give notice as required by Paragraph 5.05.B. G. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of adjustments in the Contract Price or Contract Times no later than 30 days after OAR's issuance of OPT's statement to Contractor regarding the Underground Facility. 5.06 Hazardous Environmental Conditions at Site A. The Supplementary Conditions identify: 1. Those reports and drawings known to OPT relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in these reports and drawings. B. Contractor may rely upon the accuracy of the Technical Data contained in reports and drawings relating to Hazardous Environmental Conditions identified in the Supplementary General Conditions 007200-26 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Conditions, but these reports and drawings are not Contract Documents. Except for the reliance on expressly identified Technical Data,Contractor may not rely upon or make claims against Owner's Indemnitees with respect to: 1. The completeness of these reports and drawings for Contractor's purposes, including aspects of the means, methods,techniques, sequences and procedures of construction to be employed by Contractor or Contractor's safety precautions and programs related to Hazardous Environmental Conditions; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Any Contractor interpretation of or conclusion drawn from Technical Data or other data, interpretations, opinions or information. C. The results of tests performed on materials described in environmental reports specifically prepared for the Project and made available to Contractor are defined as Technical Data unless Technical Data has been defined more specifically in the Supplementary Conditions. D. Contractor is not responsible for removing or remediating Hazardous Environmental Conditions encountered, uncovered or revealed at the Site unless this removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. E. Contractor is responsible for controlling, containing, and duly removing and remediating Constituents of Concern brought to the Site by Contractor's Team and paying associated costs. 1. Owner may remove and remediate the Hazardous Environmental Condition and impose a set-off against payments to Contractor for associated costs if Contractor's Team creates a Hazardous Environmental Condition,and Contractor does not take acceptable action to remove and remediate the Hazardous Environmental Condition. 2. Contractor's obligation to indemnify Owner for claims arising out of or related to Hazardous Environmental Conditions are as set forth in Paragraph 7.14. F. Immediately notify the OAR and take the following action if Contractor uncovers or reveals a Hazardous Environmental Condition at the Site or adjacent areas used by the Contractor's Team that was not created by the Contractor's Team: 1. Secure or otherwise isolate this condition; 2. Stop Work in affected areas or connected with the condition, except in an emergency as required by Paragraph 7.12; and 3. Do not resume Work in connection with the Hazardous Environmental Condition or in affected areas until after OPT has obtained required permits and OAR sends notice to the Contractor: a. Specifying that this condition and affected areas are or have been rendered safe for the resumption of Work; or b. Specifying special conditions under which Work may be resumed safely. General Conditions 007200-27 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 4. Owner may order the portion of the Work that is in the area affected by the Hazardous Environmental Condition to be deleted from the Work following the procedures in Article 11 if Contractor does not agree to: a. Resume the Work based on a reasonable belief it is unsafe; or b. Resume the Work under the special conditions provided by the OAR. 5. Owner may have this deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. G. Contractor may submit a Change Proposal or Owner may impose a set-off if an agreement is not reached within 10 days of OAR's notice regarding the resumption of Work as to whether Contractor is entitled to an adjustment in Contract Price or Contract Times or on the amount or extent of adjustments resulting from this Work stoppage or special conditions under which Contractor agrees to resume Work. H. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Furnish Performance and Payment Bonds, each in an amount equal to the Contract Price, as security for the faithful performance and payment of Contractor's obligations under the Contract Documents. These Bonds are to remain in effect until 1 year after the date of final payment. Furnish other Bonds as required by the Contract Documents. B. Bonds furnished by the Contractor must meet the requirements of Texas Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable Laws and Regulations. C. Notify OAR immediately if the surety on Bonds furnished by Contractor: 1. Is declared bankrupt, or becomes insolvent; 2. Has its right to do business in Texas terminated; or 3. Ceases to meet the requirements of Paragraph 6.02. Provide a Bond and surety which comply with the requirements of Paragraph 6.02 within 20 days after the event giving rise to this notification. D. Contractor is to use amounts paid by Owner to Contractor under the Contract for the performance of the Contract and to satisfy claims against the Payment Bond. E. Notify the OAR of claims filed against the Payment Bond. Notify the claimant and OAR of undisputed amounts and the basis for challenging disputed amounts when a claimant has satisfied the conditions prescribed by Texas Government Code Chapter 2253. Promptly pay undisputed amount. F. Owner is not liable for payment of costs or expenses of claimants under the Payment Bond. Owner has no obligations to pay, give notice or take other action to claimants under the Payment Bond. General Conditions 007200-28 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 G. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 18 if Contractor fails to obtain or maintain required Bonds. H. OPT will provide a copy of the Payment Bond to Subcontractors, Suppliers, or other persons or entities claiming to have furnished labor or materials used in the performance of the Work that request this information in accordance with Texas Government Code Chapter 2253. 6.02 Licensed Sureties A. Provide Bonds in the form prescribed by the Contract Documents from sureties named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. B. Provide Bonds required by the Contract Documents from surety companies that are duly licensed or authorized to provide bonds in the State of Texas. 6.03 Required Minimum Insurance Coverage A. Obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. Deliver evidence of insurance in accordance with the Supplementary Conditions to the Owner to demonstrate that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Provide copies of these certificates to each named insured and additional insured as identified in the Supplementary Conditions or otherwise. 6.04 General Insurance Provisions A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with this Article 6 and the Supplementary Conditions. B. Provide endorsements to the policies as outlined in this Article. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the General Conditions 007200-29 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 18 if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 6.05 Contractor's Insurance A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury,sickness or disease,or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and General Conditions 007200-30 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 4. Claims for damages,other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Article and the Supplementary Conditions. Insurance is to remain in effect for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by the Supplementary Conditions, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or "All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. General Conditions 007200-31 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds$5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owner as defined in Article 1; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Article must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Article or the Supplementary Conditions or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, General Conditions 007200-32 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 6.06 Property Insurance A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Article and the Supplementary Conditions or those required by Laws and Regulations and must comply with the requirements of Paragraph 6.09. This insurance shall: 1. Include the OPT,Contractor,and all Subcontractors,and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. General Conditions 007200-33 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Article and the Supplementary Conditions. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 6.07 Waiver of Rights A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in the Supplementary Conditions. B. All policies purchased in accordance with this Article are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contain provisions that the Subcontractor waive all rights against Owner,Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 6.08 Owner's Insurance for Project A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance bythe OPT, named insureds,or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. General Conditions 007200-34 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 6.09 Acceptable Evidence of Insurance A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 6.10 Certificate of Insurance A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 6.11 Insurance Policies A. If requested by the Owner, make available for viewing a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out (redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 6.12 Continuing Evidence of Coverage A. Provide updated, revised, or new evidence of insurance in accordance this Article and the Supplementary Conditions prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 6.13 Notices Regarding Insurance A. Notices regarding insurance are to be sent to the Owner at the following address: General Conditions 007200-35 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 City of Corpus Christi— Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. 6.14 Texas Workers' Compensation Insurance Required Notice A. Definitions: 1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project,for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and General Conditions 007200-36 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project,for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by this section, with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of General Conditions 007200-37 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Supervise, inspect, and direct the performance of the Work in accordance with the Contract Documents. Contractor is solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. Provide a competent resident superintendent acceptable to the OPT. The resident superintendent or acceptable qualified assistant is to be present at all times when Work is being done. Do not replace this resident superintendent except under extraordinary circumstances. Provide a replacement resident superintendent equally competent to the previous resident superintendent if replacement is required. Notify the Owner prior to replacing the resident superintendent and obtain Owner's consent to the change in superintendent. 7.02 Labor; Working Hours A. Provide competent, suitably qualified personnel to survey and lay out the Work and perform Work to complete the Project. Maintain good discipline and order at the Site. B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. Regular working hours are between sunrise and sundown Monday through Saturday unless other times are specifically authorized in writing by OAR. C. Do not perform Work on a Sunday or legal holiday without OAR's consent. The following legal holidays are observed by the Owner: Holiday Date Observed New Year's Day January 1 Martin Luther King Jr Day Third Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November General Conditions 007200-38 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Holiday Date Observed Friday after Thanksgiving Friday after Thanksgiving Christmas Day December 25 D. If a legal holiday falls on a Saturday, it will be observed the preceding Friday. If a legal holiday falls on a Sunday, it will be observed the following Monday. E. Pay additional cost incurred by Owner for services of the OAR or RPR to observe Work constructed outside of regular working hours. OAR will issue a Set-off in the Application for Payment for this cost per Paragraph 17.01.13 7.03 Services, Materials, and Equipment A. Provide services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work, whether or not these items are specifically called for in the Contract Documents. B. Provide new materials and equipment to be incorporated into the Work. Provide special warranties and guarantees required by the Contract Documents. Provide satisfactory evidence, including reports of required tests, as to the source, kind, and quality of materials and equipment as required by the Contract Documents or as requested by the OAR. C. Store, apply, install, connect, erect, protect, use, clean, and condition materials and equipment in accordance with instructions of the applicable Supplier, unless otherwise required by the Contract Documents. 7.04 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. All Subcontractors and Suppliers must be acceptable to Owner. B. Contractor must retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required to do so by the Contract Documents. C. Submit a list of proposed Subcontractors and Suppliers to OAR prior to entering into binding subcontracts or purchase orders. These proposed Subcontractors or Suppliers are deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 30 days after receiving this list. Under no circumstances shall any Subcontractor debarred under Chapter 41 of The Code of Ordinances, City of Corpus Christi, be deemed acceptable to Owner. D. Contractor is not required to retain Subcontractors,Suppliers, or other individuals or entities to furnish or perform part of the Work after the Effective Date of the Contract if Contractor has reasonable objection. E. Owner may require the replacement of Subcontractors, Suppliers, or other individuals or entities retained by the Contractor. Provide an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. Owner also may require Contractor to retain specific replacements, subject to Contractor's reasonable objections. General Conditions 007200-39 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 F. Contractor may be entitled to an adjustment in Contract Price or Contract Times with respect to a replacement of Subcontractors, Suppliers, or other entities required by Owner. The Contractor is not entitled to an adjustment in Contract Price or Contract Time with respect to replacement of any individual deemed unsuitable by the OPT. Notify OAR immediately if a replacement of Subcontractors, Suppliers, or other entity increases the Contract Price or Contract Times. Initiate a Change Proposal for the adjustment within 10 days of Owner's notice to replace a Subcontractor,Supplier,or other entity retained by Contractor to perform part of the Work. Do not make the replacement until the change in Contract Price or Contract Times has been accepted by the Owner if Change Proposal is to be submitted. G. Owner's initial acceptance of Subcontractors, Suppliers, or other individuals or entities, or their replacements, does not constitute a waiver of the obligation of the Contractor to complete the Work in accordance with the Contract Documents. H. Maintain a current and complete list of Subcontractors and Suppliers that are to perform or furnish part of the Work. I. Contractor is fully responsible for the acts and omissions of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. J. Contractor is solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. K. Require Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work to communicate with OPT through Contractor. L. Contracts between the Contractor and their Subcontractors or Suppliers may specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents. Contractor is responsible for meeting the requirements of the Contract Documents if they choose to not bind the Subcontractors or Suppliers to applicable terms or conditions of the Contract Documents. 1. All Subcontractors employed on this Project must be required to obtain Workers' Compensation Insurance. 2. Proof of this insurance will be required prior to the start of any Work. M. OPT may furnish information about amounts paid to Contractor for Work provided by Subcontractors or Suppliers to the entity providing the Work. N. Nothing in the Contract Documents: 1. Creates a contractual relationship between members of the OPT and members of the Contractor's Team. 2. Creates an obligation on the part of the Owner to pay or to see to the payment of money due members of the Contractor's Team, except as may be required by Laws and Regulations. 7.05 Patent Fees and Royalties A. Pay license fees, royalties, and costs incident to the use of inventions, designs, processes, products, or devices which are patented or copyrighted by others in the performance of the Work, or to incorporate these inventions, designs, processes, products, or devices which are patented or copyrighted by others in the Work. The Contract Documents identify inventions, General Conditions 007200-40 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 designs, processes, products, or devices OPT knows are patented or copyrighted by others or that its use is subject to patent rights or copyrights calling for the payment of a license fee or royalty to others. Contractor is to include the cost associated with the use of patented or copyrighted products or processes, whether specified or selected by the Contractor, in the Contract Price. B. Contractor's obligation to indemnify Owner for claims arising out of or related to infringement of patent rights and copyrights are as set forth in Paragraph 7.14. 7.06 Permits A. Obtain and pay for construction permits and licenses. OPT is to assist Contractor in obtaining permits and licenses when required to do so by applicable Laws and Regulations. Pay governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time the Contractor's Bid is submitted or when Contractor negotiates the Contract Price. This Project is not exempt from City permits and fees unless expressly stated otherwise. 7.07 Taxes A. Contractor is responsible for all taxes and duties arising out of the Work. The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any city or state sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Contractor is responsible for including in the Contract Price any applicable sales and use taxes and is responsible for complying with all applicable statutes and rulings of the State Comptroller. Pay sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations. B. The Owner is exempt from the Federal Transportation and Excise Tax. Contractor must comply with all federal regulations governing the exemptions. C. Products incorporated into the Work are exempt from state sales tax according to the provisions of Subchapter H, Chapter 151, of the Texas Tax Code. D. Contractor may not include any amounts for sales, use, or similar taxes for which the Owner is exempt in the Contract Price or any proposed Change Order or Application for Payment. E. Obtain tax exemption certificates or other documentation necessary to establish Owner's exemption from such taxes. 7.08 Laws and Regulations A. Give required notices and comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for monitoring Contractor's compliance with Laws or Regulations except where expressly required by applicable Laws and Regulations. B. Pay costs resulting from actions taken by Contractor that are contrary to Laws or Regulations. Contractor is not responsible for determining that the design aspects of the Work described in the Contract Documents is in accordance with Laws and Regulations. This does not relieve Contractor of its obligations under Paragraph 3.03. General Conditions 007200-41 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 C. Owner or Contractor may give notice to the other party of changes in Laws or Regulations that may affect the cost or time of performance of the Work, including: 1. Changes in Laws or Regulations affecting procurement of permits; and 2. Sales, use, value-added, consumption, and other similar taxes which come into effect after Contractor's Bid is submitted or when Contractor negotiates the Contract Price. D. Contractor may submit a Change Proposal or Owner may initiate a Claim within 30 days of this notice if Owner and Contractor are unable to agree on entitlement to or on the amount or extent of adjustments in Contract Price or Contract Times resulting from these changes. 7.09 Safety and Protection A. Contractor is solely responsible for initiating,maintaining,and supervising safety precautions and programs in connection with the Work. This responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Take necessary precautions for the safety of persons on the Site or who may be affected by the Work, and provide the necessary protection to prevent damage, injury, or loss to: 1. Work and materials and equipment to be incorporated in the Work, whether stored on or off Site; and 2. Other property at or adjacent to the Site, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. C. Comply with applicable Laws and Regulations relating to the safety and protection of persons or property. Erect and maintain necessary safeguards for safety and protection. Notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site when prosecution of the Work may affect them. Cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 1. Comply with requirements of Underground Facility Damage Prevention and Safety Act, Texas Utilities Code Chapter 251. 2. Comply with all applicable safety rules and regulations of the Federal Occupational Health and Safety Act of 1970 and subsequent amendments (OSHA). D. Remedy damage, injury, or loss to property referred to in Paragraph 7.09.B caused by Contractor's Team. Pay remediation costs unless the damage or loss is: 1. Attributable to the fault of the Contract Documents; 2. Attributable to acts or omissions of OPT; or 3. Not attributable to the actions or failure to act of the Contractor's Team. E. Contractor's duties and responsibilities for safety and protection of persons or the Work or property at or adjacent to the Site continues until Work is completed and resumes whenever Contractor's Team returns to the Site to fulfill warranty or correction obligations or to conduct other tasks. General Conditions 007200-42 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 F. Comply with the applicable requirements of the Owner's safety program if required to do so in the Supplementary Conditions. A copy of the Owner's safety program will be provided in the Bidding Documents. 7.10 Safety Representative A. Provide a qualified and experienced safety representative at the Site whose duties and responsibilities are the prevention of accidents and maintaining and supervising safety programs. 7.11 Hazard Communication Programs A. Coordinate the exchange of material safety data sheets or other hazard communication information required to be made available or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.12 Emergencies A. Act to prevent threatened damage, injury or loss in emergencies affecting the safety or protection of persons or the Work or property at or adjacent to the Site. Notify OAR immediately if Contractor believes that significant changes in the Work or variations from the Contract Documents have been caused or are required as a result of this need to act. A Modification is to be issued by OAR if OPT determines that the incident giving rise to the emergency action was not the responsibility of the Contractor and that a change in the Contract Documents is required because of the action taken by Contractor in response to this emergency. 7.13 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that Work is in accordance with the Contract Documents and is not Defective. Owner is entitled to rely on Contractor's warranty and guarantee. Assume and bear responsibility for costs and time delays associated with variations from the requirements of the Contract Documents. B. This Contractor's warranty and guarantee excludes defects or damage caused by improper maintenance or operation, abuse, or modification by OPT; or normal wear and tear under normal usage. C. Contractor's obligation to perform and complete Work in accordance with the Contract Documents is absolute. None of the following constitute an acceptance of Defective Work or a release of Contractor's obligation to perform Work in accordance with the Contract Documents: 1. Observations by OPT; 2. Recommendation by OAR to pay or payment by Owner of progress or final payments; 3. The issuance of a Certificate of Substantial Completion; 4. Use or occupancy of part of the Work by Owner; 5. Review and approval of a Shop Drawing or Sample; 6. Inspections,tests, or approvals by others; or General Conditions 007200-43 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 7. Correction of Defective Work by Owner. D. The Contract Documents may require the Contractor to accept the assignment of a contract between the Owner and a contractor or supplier. The specific warranties, guarantees, and correction obligations contained in an assigned contract govern with respect to Contractor's performance obligations to Owner for the Work described in an assigned contract. 7.14 INDEMNIFICATION A. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the Owner from and against claims, damages, losses and expenses, including but not limited to attorney's fees or dispute resolution costs, arising out of or resulting from performance of the Work and/or failure to comply with the terms and conditions of the contract, violations of Laws or Regulations, or bodily injury, death or destruction of tangible property caused by the acts, omissions or negligence of the Contractor's Team, regardless of whether such claim, damage, loss or expense is alleged to be caused in part by an Owner hereunder, subject to the Owner's defenses and liability limits under the Texas Tort Claims Act. However, nothing herein shall be construed to require Contractor to indemnify an Owner against a claim, loss, damage or expense caused by the sole negligence of an Owner. B. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the Owner from and against Indemnified Costs, arising out of or relating to: (i) the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor's Team or a Hazardous Environmental Condition created by Contractor's Team, (ii) Contractor's Team's action or inaction related to damages, delays, disruptions or interference with the work of Owner's employees, other contractors, or utility owners performing other work at or adjacent to the Site, or (iii) the correction of Defective Work. Nothing in this paragraph obligates the Contractor to indemnify the Owner from the consequences of the Owner's sole negligence. c. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the Owner from and against Indemnified Costs resulting from infringement on patent rights or copyrights by Contractor's Team. General Conditions 007200-44 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 D. The indemnification obligations of this Paragraph 7.14 are not limited by the amount or type of damages, compensation or benefits payable by or for members of the Contractor's Team or other individuals or entities under workers' compensation acts, disability benefit acts, or other employee benefit acts in claims against Owner by an employee or the survivor or personal representative of employee of Contractor's Team. The indemnification obligations of this Paragraph 7.14 shall not be deemed to be released,waived or modified in any respect by reason of any surety or insurance provided by Contractor. E. The indemnification obligations of this Paragraph 7.14 do not extend to the liability of Designer arising out of the preparation of the Contract Documents or giving directions or instructions, or failing to give them, to the extent they are obligated to do so if that is the primary cause of the injury or damage. F. Notify the other party within 10 days if Owner or Contractor receives notice of any claim or circumstances that could give rise to an indemnified loss. The notice must include the following: 1. A description of the indemnification event in reasonable detail; 2. The basis on which indemnification may be due; and 3. The anticipated amount of the indemnified loss. This notice does not stop or prevent Owner from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. Owner does not waive any rights to indemnification except to the extent that Contractor is prejudiced, suffers loss, or incurs expense because of the delay if Owner does not provide this notice within the 10-day period. G. Defense of Indemnification Claims: 1. Assume the defense of the claim with counsel chosen by the Contractor and pay related costs, unless Owner decides otherwise. Contractor's counsel must be acceptable to Owner. Control the defense and any negotiations to settle the claim. Advise Owner as to its defense of the claim within 10 days after being notified of the indemnification request. Owner may assume and control the defense if Contractor does not assume the defense. Pay all defense expenses of the Owner as an indemnified loss. 2. Owner may retain separate counsel to participate in, but not control, the defense and any settlement negotiations if Contractor defends the claim. Contractor may not settle the claim without the consent or agreement of Owner. Contractor may settle the claim with Owner's consent and agreement unless it: a. Would result in injunctive relief or other equitable remedies or otherwise require Owner to comply with restrictions or limitations that adversely affect Owner; b. Would require Owner to pay amounts that Contractor does not fund in full; or c. Would not result in Owner's full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. 7.15 Delegation of Professional Design Services A. Contractor is not required to provide professional design services unless these services are specifically required by the Contract Documents for a portion of the Work or unless these General Conditions 007200-45 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. B. The Contract Documents specify performance and design criteria related to systems, materials or equipment if professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor. These services or certifications must be provided by the licensed Texas Professional Engineer or Registered Architect who prepares, signs, and seals drawings, calculations, specifications, certifications, Shop Drawings, and other documents. C. OPT is entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by Contractor's design professionals, provided OPT has specified to Contractor the performance and design criteria that these services must satisfy. D. Pursuant to this Paragraph 7.15, Designer's review and approval of design calculations and design drawings is only for the limited purpose of checking for conformance with the performance and design criteria given and the design concepts expressed in the Contract Documents. Designer's review and approval of Shop Drawings and other documents is only for the purpose stated in the Contract Documents. E. Contractor is not responsible for the adequacy of the performance or design criteria specified by OPT. Advise OPT if the performance or design criteria are known or considered likely to be inadequate or otherwise deficient. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A. Owner may arrange for other work at or adjacent to the Site which is not part of the Contractor's Work. This other work may be performed by Owner's employees or through other contractors. Utility owners may perform work on their utilities and facilities at or adjacent to the Site. Include costs associated with coordinating with entities performing other work or associated with connecting to this other work in the Contract Price if this other work is shown in the Contract Documents. B. OPT is to notify Contractor of other work prior to starting the work and provide any knowledge they have regarding the start of utility work at or adjacent to the Site to Contractor. C. Provide other contractors: 1. Proper and safe access to the Site; 2. Reasonable opportunity for the introduction and storage of materials and equipment; and 3. Reasonable opportunity to execute their work. D. Provide cutting, fitting, and patching of the Work required to properly connect or integrate with other work. Do not endanger the work of others by cutting, excavating, or otherwise altering the work of others without the consent of OAR and the others whose work will be affected. General Conditions 007200-46 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 E. Inspect the work of others and immediately notify OAR if the proper execution of part of Contractor's Work depends upon work performed by others and this work has not been performed or is unsuitable for the proper execution of Contractor's Work. Contractor's failure to notify the OAR constitutes an acceptance of this other work as acceptable for integration with Contractor's Work. This acceptance does not apply to latent defects or deficiencies in the work of others. F. Take adequate measures to prevent damages, delays, disruptions, or interference with the work of Owner, other contractors, or utility owners performing other work at or adjacent to the Site. 8.02 Coordination A. Owner has sole authority and responsibility for coordination of this other work unless otherwise provided in the Contract Documents. The Owner is to identify the entity with authority and responsibility for coordination of the activities of the various contractors, the limitations of their authority, and the work to be coordinated prior to the start of other work at or adjacent to the Site. 8.03 Legal Relationships A. Contractor may be entitled to a change in Contract Price or Contract Times if, while performing other work at or adjacent to the Site for Owner, the OPT or other contractor retained by the City: 1. Damages the Work or property of Contractor's Team; 2. Delays, disrupts, or interferes with the execution of the Work; or 3. Increases the scope or cost of performing the Work through their actions or inaction. B. Notify the OAR immediately of the event leading to a potential Change Proposal so corrective action can be taken. Submit the Change Proposal within 30 days of the event if corrective action has not adequately mitigated the impact of the actions or inactions of others. Information regarding this other work in the Contract Documents is used to determine if the Contractor is entitled to a change in Contract Price or Contract Times. Changes in Contract Price require that Contractor assign rights against the other contractor to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contract Times require that the time extension is essential to Contractor's ability to complete the Work within the Contract Times. C. Take prompt corrective action if Contractor's Team damages, delays, disrupts, or interferes with the work of Owner's employees, other contractors, or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if Contractor damages, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. D. Owner may impose a set-off against payments due to Contractor and assign the Owner's contractual rights against Contractor with respect to the breach of the obligations described in this Paragraph 8.03 to other contractors if damages, delays, disruptions, or interference occur. General Conditions 007200-47 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 E. Contractor's obligation to indemnify Owner for claims arising out of or related to damages, delays,disruptions, and interference with other work at the Site are as set forth in Paragraph 7.14. ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Article 17. 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. General Conditions 007200-48 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. 9.12 Plans and Specifications A. Owner does not warrant the plans and specification. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. General Conditions 007200-49 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work or accept the Work under the provisions of Paragraph 16.04 if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS;CHANGES IN THE WORK 11.01 Amending and Supplementing the Contract Documents A. The Contract Documents may be modified by a Contract Amendment, Change Order, Work Change Directive, or Field Order. 1. Contract Amendment: Owner and Contractor may modify the terms and conditions of the Contract Documents without the recommendation of the Designer using a Contract Amendment. A Contract Amendment may be used for: a. Changes that do not involve: 1) The performance or acceptability of the Work; 2) The design as described in the Drawings, Specifications, or otherwise; or 3) Other engineering, architectural or technical matters. b. Authorizing new phases of the Work and establishing the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work when using phased construction or purchasing Goods and Special Services to be incorporated into the Project. General Conditions 007200-50 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 2. Change Order: All changes to the Contract Documents that include a change in the Contract Price or the Contract Times for previously authorized Work, or changes to the Work requiring Designer's approval must be made by a Change Order. A Change Order may also be used to establish modifications of the Contract Documents that do not affect the Contract Price or Contract Times. 3. Work Change Directive: A Work Change Directive does not change the Contract Price or the Contract Times, but is evidence that the parties expect that the modifications ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations on the Contract Price and Contract Times. If negotiations under the terms of the Contract Documents governing adjustments, expressly including Paragraphs 11.04 and 11.05 are unsuccessful, Contractor must submit a Change Proposal seeking an adjustment of the Contract Price or the Contract Times no later than 30 days after the completion of the Work set out in the Work Change Directive. 4. Field Order: Designer may require minor changes in the Work that do not change the Contract Price or Contract Times using a Field Order. OAR may issue a Field Order for non-technical, administrative issues. Submit a Change Proposal if Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times before proceeding with the Work described in the Field Order. B. Perform added or revised Work under the applicable provisions of the Contract Documents for the same or similar Work unless different Drawings, Specifications or directions are provided in the Modification. 11.02 Owner-Authorized Changes in the Work A. Owner may order additions, deletions,or revisions in the Work at any time as recommended by the Designer to the extent the change: 1. Involves the design as described in the Contract Documents; 2. Involves acceptance of the Work; or 3. Involves other engineering, architectural or technical matters. B. These changes may be authorized by a Modification. Proceed with the Work involved or, in the case of a deletion in the Work, immediately cease construction activities with respect to the deleted Work upon receipt of the Modification. Nothing in this paragraph obligates the Contractor to undertake Work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor is not entitled to an increase in the Contract Price or an extension of the Contract Times with respect to Work performed that is not required by the Contract Documents, except in the case of an emergency as provided in Paragraph 7.12, or in the case of uncovering Work as provided in Paragraph 16.05. General Conditions 007200-51 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 B. Contractor is responsible for costs and time delays associated with variations from the requirements of the Contract Documents unless the variations are specifically approved by Change Order. 11.04 Change of Contract Price A. The Contract Price for authorized Work can only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 13. B. An adjustment in the Contract Price is to be determined as follows: 1. By applying unit prices to the quantities of the items involved, subject to the provisions of Paragraph 15.03, where the Work involved is covered by unit prices in the Contract Documents; 2. By a mutually agreed lump sum where the Work involved is not covered by unit prices in the Contract Documents; or 3. Payment on the basis of the Cost of the Work determined as provided in Paragraph 15.01 plus a Contractor's fee for overhead and profit determined as provided in Paragraph 15.05 when the Work involved is not covered by unit prices in the Contract Documents and the parties do not reach a mutual agreement to a lump sum. C. The original Contract Price may not be increased by more than 25 percent or the limit set out in Texas Local Government Code 252.048 or its successor statute, whichever is greater. Owner may decrease the Work by up to 25 percent of the Contract Price. 11.05 Change of Contract Times A. The Contract Times for authorized Work can only be changed by Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 13. B. An adjustment of the Contract Times is subject to the limitations described in Paragraph 4.04. 11.06 Change Proposals A. Submit a Change Proposal in accordance with Article 12 to the OAR to: 1. Request an adjustment in the Contract Price or Contract Times; 2. Appeal an initial decision by OPT concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; 3. Contest a set-off against payment due; or 4. Seek other relief under the Contract Documents. General Conditions 007200-52 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 B. Notify the OAR within 3 days if a Change Proposal is to be submitted. Submit each Change Proposal to OAR no later than 30 days after the event initiating the Change Proposal. 11.07 Execution of Change Orders A. Owner and Contractor are to execute Change Orders covering: 1. Changes in the Contract Price or Contract Times, which are agreed to by Owner and Contractor, including undisputed sums or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in Contract Price resulting from Owner set-offs unless the set-off has been successfully challenged by Contractor; 3. Changes in the Work which are: a. Ordered by Owner pursuant to Paragraph 11.02.A, b. Required because Defective Work was accepted under Paragraph 16.04 or Owner's correction of Defective Work under Paragraph 16.07, or c. Agreed to by the Owner and Contractor; and 4. Changes in the Contract Price or Contract Times, or other changes under Paragraph 11.06 or Article 13. B. Acceptance of a Change Order by Contractor constitutes a full accord and satisfaction for any and all claims and costs of any kind, whether direct or indirect, including but not limited to impact, delay or acceleration damages arising from the subject matter of the Change Order. Each Change Order must be specific and final as to prices and extensions of time, with no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. The execution of a Change Order by Contractor constitutes conclusive evidence of Contractor's agreement to the ordered changes in the Work. This Contract, as amended, forever releases any claim against Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. This release applies to claims related to the cumulative impact of all Change Orders and to any claim related to the effect of a change on unchanged Work. C. All Change Orders require approval by either the City Council or Owner by administrative action. The approval process requires a minimum of 45 days after submission in final form with all supporting data. Receipt of Contractor's submission by Owner constitutes neither acceptance nor approval of a Change Order, nor a warranty that the Change Order will be authorized by City Council or administrative action. The time required for the approval process may not be considered a delay and no extensions to the Contract Times or increase in the Contract Price will be considered or granted as a result of the process. Contractor may proceed with Work if a Work Change Directive is issued. D. If the Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, the Change Order is deemed to be in full force as if executed by Contractor. Contractor may file a Claim for payment and/or time, pursuant to Article 13. General Conditions 007200-53 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 11.08 Notice to Surety A. Notify the surety of Modifications affecting the general scope of the Work, changes in the provisions of the Contract Documents,or changes in Contract Price or Contract Times. Adjust the amount of each Bond when Modifications change the Contract Price. ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. A Change Proposal must be submitted to the OAR no later than 30 days after the event initiating the Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for classification; 3) Equipment used in construction; 4) Consumable supplies,fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; and 9) Other items of cost. General Conditions 007200-54 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the OAR to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. OAR is to advise OPT regarding the Change Proposal. OPT is to review each Change Proposal and Contractor's supporting data, and within 30 days after receipt of the documents, direct the OAR to either approve or deny the Change Proposal in whole or in part. OAR is to issue a Change Order for an approved Change Proposal. The Contractor may deem the Change Proposal to be denied if OAR does not take action on the Change Proposal within 30 days and start the time for appeal of the denial under Article 13. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. 12.04 Substitutions A. The products of the listed Suppliers are to be furnished where Specifications list several manufacturers but do not specifically list "or equal" or "or approved equal" products. Use of any products other than those specifically listed is a substitution. Follow these procedures for a substitution. B. Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product. Submit a Change Proposal per Paragraph 12.02 along with a Shop Drawing as required by Article 25 to request approval of a substitution. General Conditions 007200-55 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 C. Prove that the product is acceptable as a substitute. It is not the Designer's responsibility to prove the product is not acceptable as a substitute. 1. Indicate on a point by point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents requirements. 2. Make a direct comparison with the specified Suppliers published data sheets and available information. Provide this printed material with the documents submitted. 3. The decision of the Designer regarding the acceptability of the proposed substitute product is final. D. Provide a written certification that, in making the substitution request,the Contractor: 1. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product. 2. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the manufacturer of the specified product. 3. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the Project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent. 4. Will maintain the same time schedule as for the specified product. E. Pay for review of substitutions in accordance with Article 25. ARTICLE 13—CLAIMS 13.01 Claims A. Follow the Claims process described in this Article for the following disputes between Owner and Contractor: 1. Seeking an adjustment of Contract Price or Contract Times; 2. Contesting an initial decision by OAR concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; 3. Appealing OAR's decision regarding a Change Proposal; 4. Seeking resolution of a contractual issue that OAR has declined to address; or 5. Seeking other relief with respect to the terms of the Contract. B. Contractor shall be entitled to an extension of Contract Time for delays or disruptions due to unusually severe weather in excess of weather normally experienced at the job site, as determined from climatological data set forth by the National Weather Service and which affects the Project's critical path. Contractor shall bear the entire economic risk of all weather delays and disruptions. Contractor shall not be entitled to any increase in the Contract Price by reason of such delays or disruptions. Upon Contractor reaching Substantial Completion, Owner and Contractor shall look back at the entire duration of the calendar day Project and review the totality of what Contractor claims were unusually severe weather disruptions. If the Project was delayed or disrupted due to unusually severe weather in General Conditions 007200-56 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 excess of weather normally experienced over the entire duration of the Project, Contractor may make a Claim for an extension of the Contract Time for delays or disruptions due to unusually severe weather in excess of weather normally experienced at the job site, as determined from climatological data set forth by the National Weather Service and which affects the Project's critical path. Any time extension granted shall be non-compensatory. 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Except for Claims resulting from unusually severe weather, notice of a Claim by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 14 days after the start of the event giving rise to the Claim. Failure by Contractor to submit written notice of a Claim within 14 days shall constitute a waiver of such Claim. C. Submit the complete Claim with supporting documentation to Owner no later than 60 days after the start of the event giving rise to the Claim (unless Designer allows additional time for claimant to submit additional or more accurate data in support of such Claim). The Claim must be signed and sworn to by Contractor, certifying that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief,the relief requested accurately reflects the full compensation to which Contractor is entitled. Failure by Contractor to submit the Claim within 60 days shall constitute a waiver of such Claim. D. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. E. Claims by Owner must be submitted by written notice to Contractor. F. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR or Designer. 2. Claims seeking an adjustment of Contract Time must include a Time Impact Analysis and native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR or Designer. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation. H. Designer will review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or General Conditions 007200-57 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the Claim shall be deemed denied 30 days after receipt of the Claim. J. Following receipt of Designer's initial recommendation regarding a Claim,the Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. If the entity receiving a Claim approves the Claim in whole or in part or denies it in whole or in part, this action is final and binding unless the other entity invokes the procedure described in Article 22 for final resolution of disputes by filing a notice of appeal within 30 days after this action. L. If the Owner and Contractor reach a mutual agreement regarding a Claim, the results of the agreement or action on the Claim will be incorporated in a Change Order by the OAR to the extent they affect the Contract Documents, the Contract Price, or the Contract Times. M. Both parties shall continue to perform all obligations under the Agreement during the pendency of any dispute or disagreement relating to this Agreement, unless performance would be impracticable or impossible under the circumstances. N. Any failure of Contractor to comply with any of the foregoing conditions precedent with regard to any such Claim shall constitute a waiver of any entitlement to submit or pursue such Claim. O. Receipt and review of a Claim by City shall not be construed as a waiver of any defenses to the Claim available to the City under the Contract Documents or at law. ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS 14.01 Payment of Prevailing Wage Rates A. Contractor and any Subcontractors employed on this Project shall pay not less than the rates established by the Owner as required by Texas Government Code Chapter 2258. B. Contractor and its Subcontractors are required to pay Davis-Bacon Wage Rates. C. Contractor and its Subcontractors are required to pay laborers and mechanics an overtime rate of not less than one and one-half times the basic rate for all hours worked in excess of forty hours in a given workweek. 14.02 Records A. In accordance with Tex. Gov't Code§2258.024,the Contractor and its Subcontractors, if any, shall keep a record showing: 1. The name and occupation of each worker employed by the Contractor or Subcontractor in the construction of the Work; and 2. The actual per diem wages paid to each worker. General Conditions 007200-58 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 B. The record shall be open at all reasonable hours to inspection by the officers and agents of the Owner. 14.03 Liability; Penalty; Criminal Offense A. Tex. Gov't Code §2258.003 — Liability: An officer, agent, or employee of the Owner is not liable in a civil action for any act or omission implementing or enforcing Chapter 2258 unless the action was made in bad faith. B. Tex. Gov't Code §2258.023(b)— Penalty: Any Contractor or Subcontractor who violates the requirements of Chapter 2258,shall pay to the Owner,on whose behalf the Contract is made, $60 for each worker employed on each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. C. Tex. Gov't Code §2258.058—Criminal Offense: 1. An officer, agent, or representative of the Owner commits an offense if the person willfully violates or does not comply with a provision of Chapter 2258. 2. Any Contractor or Subcontractor, or an agent or representative of the Contractor or Subcontractor, commits an offense if the person violates Tex. Gov't Code §2258.024. 3. An offense is punishable by: a. A fine not to exceed $500; b. Confinement in jail for a term not to exceed 6 months; or c. Both a fine and confinement. 14.04 Prevailing Wage Rates A. Use the Prevailing Wage Rates specified in the Supplementary Conditions. ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK 15.01 Cost of the Work A. The Cost of the Work is the sum of costs described in this Paragraph 15.01, except those excluded in Paragraph 15.01.D, necessary for the proper performance of the Work. The provisions of this Paragraph 15.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price under cost-plus,time-and-materials, or other cost-based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. B. Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment when the value of the adjustment is determined on the basis of the Cost of the Work. General Conditions 007200-59 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 C. Costs included in the Cost of the Work may not exceed the prevailing costs in the proximate area of the Site for similar work unless agreed to by the Owner. Cost of the Work includes only the following items: 1. Payroll costs for Contractor's employees performing the Work, including one foreman per crew, and other required and agreed upon personnel for the time they are employed on the Work. Employees are to be paid according to wage rates for job classifications as agreed to by Owner. Where the Cost of the Work is being used under provisions of Paragraph 15.01.A.2, rates paid for this Work are to be the same as paid for Contract Work as established by certified payroll. Payroll costs may include: a. Actual costs paid for salaries and wages; b. Actual cost paid for fringe benefits, which may include: 1) Social security contributions, 2) Unemployment, 3) Excise and payroll taxes, 4) Workers' compensation, 5) Health and retirement benefits, 6) Bonuses, and 7) Paid time off for sick leave,vacations, and holidays; and c. Actual cost of additional compensation paid for performing Work outside of regular working hours, on Sunday or legal holidays, to the extent authorized by Owner. 2. Cost of materials and equipment furnished and incorporated in the Work, including transportation and storage costs and required Suppliers'field services. Contractor may retain cash discounts unless Owner provided funds to the Contractor for early payment of these materials and equipment. Cash discounts are to be credited to Owner if the Owner provides funds for early payment. Make provisions for trade discounts, rebates, refunds, and returns from sale of surplus materials and equipment and reduce the Cost of the Work by these amounts. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. Obtain competitive bids from Subcontractors acceptable to Owner unless Owner agrees to use Subcontractors proposed by the Contractor. Bids are to be opened in the presence of the OAR and other designated members for the OPT. Provide copies of bids to the OAR to use in determining,with the OPT,which bids are acceptable. The Subcontractor's Cost of the Work and fee are determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 15.01 if the subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee. 4. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work; b. Costs of materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site including transportation and maintenance costs; General Conditions 007200-60 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 c. Costs of hand tools not owned by the workers consumed in the performance of the Work. Costs of hand tools not owned by the workers which are used but not consumed in the performance of the Work and which remain the property of Contractor, less their market value when Work is completed; d. For Contractor-and Subcontractor-owned machinery,trucks, power tools or other equipment, use the FHWA rental rates found in the Rental Rate Blue Book ("Blue Book") multiplied by the regional adjustment factor and the rate adjustment factor to establish hourly rates. Use the rates in effect for each section of the Blue Book at the time of use. Payment will be made for the actual hours used in the Work. 1) Standby costs will be paid at SO% of the FHWA rental rates found in the Blue Book if Contractor is directed by Owner in writing to standby. Standby costs will not be allowed during periods when the equipment would otherwise have been idle. For a six-day work week, no more than eight hours per a 24-hour day, no more than 48 hours per week and no more than 208 hours per month shall be paid of standby time. Operating costs shall not be charged by Contractor. e. Rental of construction equipment, including the costs of transporting, loading, unloading, assembling, dismantling, and removing construction equipment, whether rented from Contractor or others, in accordance with rental agreements approved by Owner. Costs for rental of equipment will not be paid when the equipment is no longer necessary for the Work. Justify idle time for equipment by demonstrating that it was necessary to keep equipment on Site for related future Work; 1) The hourly rate shall be determined by dividing the actual invoice cost by the actual number of hours the equipment is involved in the Work. Owner reserves the right to limit the hourly rate to comparable Blue Book rates. 2) If Contractor is directed to standby in writing by Owner, standby costs will be paid at the invoice daily rate excluding operating costs, which includes fuel, lubricants, repairs and servicing. f. Applicable sales, consumer, use, and other similar taxes related to the Work for which the Owner is not exempt, and which Contractor pays consistent with Laws and Regulations; g. Deposits lost for causes other than negligence of Contractor's Team; h. Royalty payments and fees for permits and licenses; i. Cost of additional utilities,fuel, and sanitary facilities at the Site; j. Minor expense items directly required by the Work; and k. Premiums for Bonds and insurance required by the Contract Documents. D. The Cost of the Work does not include the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals of partnerships and sole proprietorships, general managers, safety managers, superintendents, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, clerks, and other personnel employed General Conditions 007200-61 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 by Contractor, whether at the Site or in Contractor's principal or branch office, for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 15.01.C.1 or specifically covered by Paragraph 15.01.C.4. These administrative costs are covered by the Contractor's fee. 2. Office expenses other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the actions of Contractor's Team for the correction of Defective Work, disposal of materials or equipment that do not comply with Specifications, and correcting damage to property. 5. Losses, damages, and related expenses caused by damage to the Work or sustained by Contractor in connection with the performance of the Work. Contractor is entitled to recover costs if covered by insurance provided in accordance with Article 6. Such losses may include settlements made with the approval of Owner. Do not include these losses, damages, and expenses in the Cost of the Work when determining Contractor's fee. 6. Any Indemnified Cost paid with regard to Contractor's indemnification of Owner. 7. Other overhead or general expense costs and the costs of items not described in Paragraphs 15.01.C. E. The Contractor's fee for profit and overhead is determined as follows: 1. In accordance with the Agreement when the Work is performed on a cost-plus basis; 2. A mutually acceptable fixed fee; or 3. A fee based on the following percentages of the various portions of the Cost of the Work: a. The Contractor's fee is 15 percent for costs incurred under Paragraphs 15.01.C.1, 15.01.C.2 and 15.01.C.4; b. The Contractor's fee is 5 percent for costs incurred under Paragraph 15.01.C.3; C. Fees are to be determined as follows where one or more tiers of subcontracts are used: 1) The Subcontractor's fee is 15 percent for costs incurred under Paragraphs 15.01.C.1 and 15.01.C.2 for the Subcontractor that actually performs the Work at whatever tier; 2) The Subcontractor's fee is 5 percent for costs incurred under Paragraph 15.01.C.4 for the Subcontractor that actually performs the Work at whatever tier; and 3) The Contractor and Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work are to be allowed a fee of 5 percent of the fee plus underlying costs incurred by the next lower tier Subcontractor. d. No fee is payable on the basis of costs itemized under Paragraph 15.01.D; General Conditions 007200-62 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 e. Five percent of the net decrease in the cost is to be deducted for changes which result in a net decrease in Contract Price; and 4. The adjustment in Contractor's fee is based on the net change in accordance with Paragraphs 15.05.13.1 through 15.05.13.5, inclusive when both additions and credits are involved in any one change. F. Establish and maintain records in accordance with generally accepted accounting practices and submit these records, including an itemized cost breakdown together with supporting data, in a form and at intervals acceptable to OAR whenever the Cost of the Work is to be determined pursuant to this Paragraph 15.01. 15.02 Allowances A. Include allowances specified in the Contract Documents in the Contract Price and provide Work covered by the allowance as authorized by the Owner through the OAR. B. Contractor agrees that: 1. The cash allowance is used to compensate the Contractor for the cost of furnishing materials and equipment for the Work covered by the allowance item in the Contract Documents. Cost may include applicable taxes. Make provisions for trade discounts, rebates, and refunds and reduce the allowance costs by these amounts. 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances; and 3. Costs for cash allowances and installation costs as described in Paragraphs 15.02.13.1 and 15.02.13.2 above are included in the Contract Price. C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by Contractor for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by Contractor for Work covered by the allowance and this Work is included on the Application for Payment. 15.03 Unit Price Work A. The initial Contract Price for Unit Price Work is equal to the sum of the unit price line items in the Agreement. Each unit price line item amount is equal to the product of the unit price for each line item times the estimated quantity of each item as indicated in the Contract. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparing Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work are to be based on actual quantities measured for Work in place. C. Each unit price is deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. OAR is to determine the actual quantities and classifications of Unit Price Work performed by Contractor to be incorporated into each Application for Payment. OAR's decision on actual quantities is final and binding, subject to the provisions of Paragraph 15.03.E. General Conditions 007200-63 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 E. Contractor may submit a Change Proposal,or Owner may file a Claim,seeking an adjustment in the Contract Price within 30 days of OAR's decision under Paragraph 15.03.D, if: 1. The total cost of a particular item of Unit Price Work amounts to 20 percent or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the Contractor differs by more than 20 percent from the estimated quantity of an item indicated in the Contract; 2. There is no corresponding adjustment with respect to other items of Work; and 3. Contractor believes it has incurred additional expense as a result of this condition or Owner believes that the quantity variation entitles Owner to an adjustment in the Contract Price. 15.04 Contingencies A. Contingency funds may be included in the Contract Price to pay for Work not defined specifically by the Contract Documents that is essential to the completion of the Project. Contingency funds will be as described in the Contract. B. The contingency funds may be used for costs incurred by the Contractor provided these costs are approved by the Owner. Costs are to be determined and documented in accordance with Paragraph 15.01. The contingency funds are not to be used for the following items: 1. Cost overruns due to changes in material costs after the Contract Price is established, unless specific price escalation provisions are made in the Contract. 2. Rework required to correct Defective Work. 3. Inefficiencies in completing the Work due to the Contractor's selected means, methods, sequences, or procedures of construction. 4. Work Contractor failed to include in the Contract Price. 5. Changes required by changes in Laws and Regulations enacted after the Contract Price is established. 6. Any Work that does not constitute a change in Scope in the Work included in the Contract Price. C. OAR is to issue a Change Order for approved expenditures from contingency funds. When the Change Order is issued, the costs are to be added to the Application for Payment. Contractor is to maintain a tabulation showing the contingency amount, adjustments to the contingency amount, and amounts remaining as the Project progresses. D. Any contingency amounts that are not included in a Change Order are retained bythe Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. General Conditions 007200-64 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION,REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK 16.01 Access to Work A. Provide safe access to the Site and the Work for the observation, inspection, and testing of the Work in progress. Contractor can require compliance with Contractor's safety procedures and programs as part of providing safe access. 16.02 Tests, Inspections and Approvals A. OPT may retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform inspections. Notify OAR when the Work is ready for required inspections and tests. Provide adequate notice to allow for coordination with entities providing inspection or testing as determined by the OAR. Cooperate with inspection and testing personnel and assist with providing access for required inspections, tests, and handling test specimens or Samples. B. Arrange for and facilitate inspections, tests, and approvals required by Laws or Regulations of governmental entities having jurisdiction that require Work to be inspected, tested, or approved by an employee or other representative of that entity. Pay associated costs and furnish OAR with the required certificates of inspection or approval. C. Arrange, obtain, and pay for inspections and tests required: 1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to OPT; 2. To attain OPT's acceptance of materials or equipment to be incorporated in the Work; 3. By manufacturers of equipment furnished under the Contract Documents; 4. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; 5. For acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work,- 6. ork;6. For re-inspecting or retesting Defective Work, including any associated costs incurred by the testing laboratory for cancelled tests or standby time; and 7. For retesting due to failed tests. D. Provide independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to OPT to provide these inspections and tests. 16.03 Defective Work A. It is Contractor's obligation to ensure that the Work is not Defective. B. OPT has the authority to determine whether Work is Defective and to reject Defective Work. C. OAR is to notify Contractor of Defective Work of which OPT has actual knowledge. D. Promptly correct Defective Work. E. Take no action that would void or otherwise impair Owner's special warranties or guarantees when correcting Defective Work. General Conditions 007200-65 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 F. Pay claims, costs, losses,and damages arising out of or relating to Defective Work, including: 1. Costs for correction, removal, and replacement of Defective Work; 2. Cost of the inspection and testing related to correction of Defective Work; 3. Fines levied against Owner by governmental authorities because of Defective Work; and 4. Costs of repair or replacement of work of others resulting from Defective Work. 16.04 Acceptance of Defective Work A. Owner may elect to accept Defective Work instead of requiring correction or removal and replacement of Defective Work provided: 1. This acceptance occurs prior to final payment; 2. Designer confirms that the Defective Work is in general accordance with the design intent and applicable engineering or architectural principles; and 3. Designer confirms that acceptance of the Defective Work does not endanger public health or safety. B. Owner may impose a reasonable set-off against payments due under Article 17 for costs associated with OPT's evaluation of Defective Work to determine if it can be accepted and to determine the diminished value of the Work. Owner may impose a reasonable set-off against payments due under Article 17 if the parties are unable to agree as to the decrease in the Contract Price to compensate Owner for the diminished value of Defective Work accepted. OAR is to issue a Modification for acceptance of the Defective Work prior to final payment. Pay an appropriate amount to Owner if the acceptance of Defective Work occurs after final payment. 16.05 Uncovering Work A. OPT has the authority to require inspection or testing of the Work,whether or not the Work is fabricated, installed or completed. B. Work that is covered prior to approval of the OAR must be uncovered for OPT's observation if requested by OAR. Pay for uncovering Work and its subsequent restoration unless Contractor has given OAR timely notice of Contractor's intention to cover the Work and OAR fails to act with reasonable promptness in response to this notice. C. Provide necessary labor, material, and equipment and uncover, expose, or otherwise make available the portion of the Work suspected of being Defective for observation, inspection, or testing if OPT considers it necessary or advisable that covered Work be observed by Designer or inspected or tested by others as directed by the OAR. 1. Pay for claims, costs, losses, and damages associated with uncovering, exposing, observing, inspecting, and testing if it is found that the uncovered Work is Defective. Pay costs for correction of Defective Work. Pay for reconstruction, repair, or replacement of work of others resulting from the Defective Work if it is found that the uncovered Work is Defective. General Conditions 007200-66 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 16.06 Owner May Stop the Work A. Owner may order Contractor to stop the Work if: 1. The Work is Defective; 2. Contractor fails to supply sufficient skilled workers or suitable materials or equipment; or 3. Contractor performs Work that may fail to conform to the Contract Documents when completed. This stop work order is to remain in effect until the reason for the stop work order has been eliminated. Owner's right to stop the Work does not create a duty to exercise this right for the benefit of Contractor's Team or surety. 16.07 Owner May Correct Defective Work A. Owner may remedy deficiencies in the Work after 7 days' notice to Contractor if: 1. Contractor fails to correct Defective Work, or to remove and replace rejected Work as required by OPT; 2. Contractor fails to perform the Work in accordance with the Contract Documents; or 3. Contractor fails to comply with other provisions of the Contract Documents. B. Owner may: 1. Exclude Contractor from the Site; 2. Take possession of the Work and suspend Contractor's services related to the Work; and 3. Incorporate stored materials and equipment in the Work. C. Allow OPT access to the Site and off-Site storage areas to enable Owner to exercise the rights and remedies under this Paragraph 16.07. D. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 16.07 are to be charged against Contractor as a set-off against payments due under Article 17. These claims, costs, losses, and damages include costs of repair and the cost of replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's Defective Work. E. Contractor is not allowed an extension of the Contract Times because of delays in the performance of the Work attributable to the exercise of the Owner's rights and remedies under this Paragraph 16.07. ARTICLE 17—PAYMENTS TO CONTRACTOR;SET-OFFS;COMPLETION; CORRECTION PERIOD 17.01 Progress Payments A. Progress payment requests are to be submitted to the OAR on the Application for Payment form provided by the OAR following procedures in this Article 17. General Conditions 007200-67 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 1. Progress payments for lump sum Work are to be paid on the basis of the earned value to date at the amounts shown in the Schedule of Values submitted as required by Paragraph 17.03. Final payment will be for the total lump sum amount. 2. Progress payments for Unit Price Work are based on the number of units completed as determined under the provisions of Paragraph 15.03. 3. Progress payments for Work to be paid on the basis of the Cost of the Work per Paragraphs 15.01, 15.02 and 15.04 are to be paid for Work completed by Contractor during the pay period. B. Reduction in Payment by Owner: 1. Owner is entitled to impose a set-off against payment based on the following: a. Claims made against Owner or costs, losses,or damages incurred by Owner related to: 1) Contractor's conduct in the performance of the Work, including, but not limited to, workplace injuries, non-compliance with Laws and Regulations, or patent infringement; or 2) Contractor's failure to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site, including but not limited to, workplace injuries, property damage, and non-compliance with Laws and Regulations. b. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; c. Work is Defective, or completed Work has been damaged by Contractor's Team, requiring correction or replacement; d. Owner has been required to correct Defective Work or complete Work in accordance with Paragraph 16.07; e. The Contract Price has been reduced by Change Orders; f. Events have occurred that would constitute a default by Contractor justifying a termination for cause; g. Liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or completion of the Work; h. Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of these Liens; i. Failure to submit up-to-date record documents as required by the Contract Documents; j. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; k. Failure to provide Project photographs required by the Contract Documents; I. Failure to provide Certified Payroll required by the Contract Documents; General Conditions 007200-68 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 m. Compensation for OPT for overtime charges of OAR or RPR, third review of documents, review of substitutions, re-inspection fees, inspections or designs related to correction of Defective Work, or other services identified as requiring payment by the Contractor; n. Costs for tests performed by the Owner to verify that Work previously tested and found to be Defective has been corrected; o. OPT has actual knowledge of the occurrence of events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents with associated cost impacts; p. Other items entitling Owner to a set-off against the amount recommended; or q. Payment would result in an over-payment of the Contract Price. 2. Compensation for services of OPT staff is to be at the rates established by negotiations between OPT and Contractor. 3. OAR is to notify Contractor stating the amount and the reasons for an imposed set-off. The Owner is to pay the Contractor amounts remaining after deduction of the set-off. Owner is to pay the set-off amount agreed to by Owner and Contractor if Contractor remedies the reasons for the set-off. Contractor may submit a Change Proposal contesting the set-off. C. Delayed Payments: 1. No money shall be paid by Owner upon any claim, debt, demand, or account whatsoever, to any person, firm, or corporation who is in arrears to Owner for taxes; and Owner shall be entitled to counterclaim and automatically offset against any such debt, claim, demand,or account in the amount of taxes so in arrears and no assignment or transfer of such debt, claim, demand, or account after said taxes are due, shall affect the right of Owner to offset said taxes, and associated penalties and interest if applicable, against the same. 2. No payment will be made for Work authorized by a Work Change Directive until the Work Change Directive is incorporated into a Change Order. Payment can be included in an Application for payment when the Change Order is approved. D. The Owner is to pay the amount of payment recommended by the OAR within 30 days after receipt of the Application for Payment and accompanying documentation from the OAR. 17.02 Application for Payment A. Submit Applications for Payment for completed Work and for materials and equipment in accordance with the Supplementary Conditions, the Agreement, and this Article 17. The Contract Price is to include costs for: 1. Providing the Work in accordance with the Contract Documents; 2. Installing Owner furnished equipment and materials; 3. Providing Work for Alternates and Allowances; 4. Commissioning, start-up,training and initial maintenance and operation; 5. Acceptance testing in manufacturer's facilities or on Site; General Conditions 007200-69 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 6. All home office overhead costs and expenses, including profit made directly or indirectly for the Project; 7. Project management, Contract administration, field office, and field operations staff, including supervision, clerical support, and technology system support; 8. Professional services including design fees, legal fees, and other professional services; 9. Bonds and insurance; 10. Permits, licenses, patent fees, and royalties; 11. Taxes; 12. Providing all documents and Samples required by the Contract Documents; 13. Facilities and equipment at the Site including: a. Field offices, office furnishings, and all related office supplies, software, and equipment, b. Storage facilities for Contractor's use, storage facilities for stored materials and equipment, including spare parts storage, c. Shops, physical plant, construction equipment, small tools, vehicles, technology and telecommunications equipment, d. Safety equipment and facilities to provide safe access and working conditions for workers and for others working at the Site, e. Temporary facilities for power and communications, f. Potable water and sanitation facilities, and g. Mobilization and demobilization for all of these facilities and equipment; 14. Products, materials, and equipment stored at the Site or other suitable location; 15. Products, materials, and equipment permanently incorporated into the Project; 16. Temporary facilities for managing water, including facilities for pumping, storage, and treatment as required for construction and protection of the environment; 17. Temporary facilities for managing environment conditions and Constituents of Concern; 18. Temporary facilities such as sheeting, shoring, bracing, formwork, embankments, storage facilities, working areas, and other facilities required for construction of the Project; 19. Temporary and permanent facilities for protection of all overhead, surface, or underground structures or features; 20. Temporary and permanent facilities for removal, relocation, or replacement of any overhead, surface, or underground structures or features; 21. Products, materials, and equipment consumed during the construction of the Project; 22. Contractor labor and supervision to complete the Project, including that provided through Subcontractors or Suppliers; General Conditions 007200-70 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 23. Correcting Defective Work during the Contract Times, during the Correction Period, or as required to meet any warranty provision of the Contract Documents; 24. Risk associated with weather and environmental conditions, start-up, and initial operation of facilities including equipment, processes, and systems; 25. Contractor's safety programs, including management, administration, and training; 26. Maintenance of facilities, including equipment, processes, and systems until operation is transferred to Owner; 27. Providing warranties, extended or special warranties, or extended service agreements; 28. Cleanup and disposal of any and all surplus materials; and 29. Demobilization of all physical,temporary facilities not incorporated into the Project. B. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price. C. Provide written approval of the surety company providing Bonds for the Schedule of Values, Application for Payment form, and method of payment prior to submitting the first Application for Payment. Payment will not be made without this approval. D. OAR may withhold processing Applications for Payment if any of the following processes or documentation are not up to date: 1. Record Documents per Article 20. 2. Progress Schedule per Article 27. 3. Project photographs per Article 28. 4. Documentation required to comply with Owner's Minority / MBE / DBE Participation Policy. 5. Documentation required to substantiate any approved Project deviation, including overruns of Designer's estimated quantity. 6. Documentation required by funding agency, if applicable. 17.03 Schedule of Values A. Submit a detailed Schedule of Values for the Work at least 10 days prior to submitting the first Application for Payment. B. Submit the Schedule of Values in the form attached to the Application for Payment - Tabulation of Earned Value of Original Contract Performed. C. Do not submit an Application for Payment until the Schedule of Values has been approved by the OAR. D. If unit prices are included in the Contract, use each unit price line item in the Contract as a unit price line item in the Schedule of Values. E. Divide lump sum line items, including Subcontractor and Supplier amounts in the Schedule of Values into smaller components to allow more accurate determination of the earned value for each item. General Conditions 007200-71 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 1. Provide adequate detail to allow a more accurate determination of the earned value expressed as a percentage of Work completed for each item. 2. Line items may not exceed $50,000.00, unless they are for products, materials or equipment permanently incorporated into the Project that cannot be subdivided into units or subassemblies. 3. Lump sum items may be divided into an estimated number of units to determine earned value. a. The estimated number of units times the cost per unit must equal the lump sum amount for that line item. b. Contractor will receive payment for the lump sum for the line item, regardless of the number of units installed, unless an adjustment is made by Change Order. 4. Include Contractor's overhead and profit in each line item in proportion to the value of the line item to the Contract Price. 5. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price for each item. 6. These line items may be used to establish the value of Work to be added or deleted from the Project. 7. The sum of all values listed in the schedule must equal the total Contract Price. F. Subdivide each line item in the Schedule of Values into two payment components. The first component is the direct cost for products, materials, and equipment permanently incorporated into the Project. The second component is all other costs associated with the item in the Contract. The sum of the two components must equal the value of the line item in the Schedule of Values. G. Where a percentage of the line value is allowed for a specified stage of completion,show the value for each stage of completion as a component of that line item cost. 17.04 Schedule of Anticipated Payments and Earned Value A. Submit a schedule of the anticipated Application for Payments showing the application numbers, submission dates, and the anticipated amount to be requested. Incorporate retainage into the development of this schedule of anticipated payments. B. Submit a tabulation of the anticipated Total Earned Value of Fees, Work, and Materials to create a graphic (curve) representation of the anticipated progress on the Project each month. Adjust this table and curve to incorporate Modifications. Use this curve to compare actual progress on the Project each month by comparing the anticipated cumulative Total Earned Value of Fees, Work, and Materials to the actual Total Earned Value of Fees, Work, and Materials each month. Use the comparison of values to determine performance on budget and schedule. C. Update the Schedule of Payments as necessary to provide a reasonably accurate indication of the funds required to make payments each month to the Contractor for Work performed. General Conditions 007200-72 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 17.05 Basis for Payments A. Lump Sum Contracts: 1. Payment will be made for the earned value of Work completed during the payment period expressed as a percentage of Work completed for each line item during the payment period per the Contract Documents. 2. Payment amount is the value of Work completed per the Contract Documents multiplied by the percentage of Work completed. 3. Payment for lump sum items divided into an estimated number of units to determine earned value per Paragraph 17.03 will be made for the measured number of units. 4. Payment for stored materials and equipment will be made per Paragraph 17.06. B. Unit Price Contracts: 1. Payment will be made for the actual quantity of Work completed during the payment period and for materials and equipment stored during the payment period per the Contract Documents. a. Payment amount is the Work quantity measured per the Contract Documents multiplied by the unit prices for that line item in the Contract. b. Payment for stored materials and equipment will be made per Paragraph 17.06. 2. Measure the Work described in the Contract for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. 17.06 Payment for Stored Materials and Equipment A. Store materials and equipment properly at the Site. 1. Payment will be made for the invoice amount less the specified retainage. 2. Payment for materials and equipment shown in the Application for Payment and attachments will be made for the invoice amount,up to the value shown in the Schedule of Values for that line item. Costs for material and equipment in excess of the value shown in the Schedule of Values may not be added to other line items. 3. Payment will be made in full for the value shown in the line item for products and materials if invoices for materials and equipment are less than the amount shown in the line item and it can be demonstrated that no additional materials or equipment are required to complete Work described in that item. 4. Provide invoices at the time materials are included on the Application for Payment and attachments. Include invoice numbers so that a comparison can be made between invoices and amounts included on the Application for Payment and attachments. B. Provide a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of Liens. Provide documentation of payment for General Conditions 007200-73 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 materials and equipment with the next Application for Payment. Adjust payment to the amount actually paid if this differs from the invoice amount. Remove items from the tabulation of materials and equipment if this documentation is not provided. Payment will not be made for material and equipment without documentation of payment. C. Contractors can be paid for non-perishable materials on hand stored at the site, provided that invoices are furnished to the City for verification of the material value, and that Contractor provides documents, satisfactory to the City,that show that the material supplier has been paid for the materials delivered to the work site. D. Provide evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest. E. The Work covered by progress payments becomes the property of the Owner at the time of payment. The Contractor's obligations with regard to proper care and maintenance, insurance, and other requirements are not changed by this transfer of ownership until accepted in accordance with the General Conditions. F. Payment for materials and equipment does not constitute acceptance of the product. 17.07 Retainage and Set-Offs A. Retainage will be withheld from each Application for Payment per the Agreement. Retainage will be released per the General Conditions. B. Reduce payments for set-offs per the General Conditions. Include the appropriate attachment to the Application for Payment. 17.08 Procedures for Submitting an Application for Payment A. Submit a draft Application for Payment to the OAR each month at least 20 days before the date established in the Contract for Owner to make progress payments. Do not submit Applications for Payment more often than monthly. Review the draft Application for Payment with the OAR to determine concurrence with: 1. The earned value for each lump sum item including the value of properly stored and documented materials and equipment for each item in the original Contract. 2. The quantity of Work completed for each unit price item. 3. Set-offs included in the Application for Payment. 4. Values requested for materials and equipment consistent with invoices for materials and equipment. B. Submit Applications for Payment monthly through the OAR after agreement has been reached on the draft Application for Payment. 1. Number each application sequentially and include the dates for the application period. 2. Show the total amounts for earned value of original Contract performed, earned value for Work on approved Contract Amendments and Change Orders, retainage, and set- offs. Show total amounts that correspond to totals indicated on the attached tabulation for each. General Conditions 007200-74 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 3. Include Attachment A to show the earned value on each line item in the Schedule of Values for Work shown in the original Contract. 4. Include Attachment B to show the earned value on line items for approved Change Orders. Add items to Attachment B as Change Orders are approved. Change Orders must be approved before payment can be made on Change Order items. 5. Include Attachment Cto document set-offs required per the Contract Documents. Show each set-off as it is applied. Show a corresponding line item to reduce the set-off amount if a payment held by a set-off is released for payment. 6. Include Attachment D to allow tracking of invoices used to support amounts requested as materials in Attachments A and B. Enter materials to show the amount of the invoice assigned to each item in Attachment A or B if an invoice includes materials used on several line items. 7. Complete the certification stating that all Work, including materials and equipment, covered by this Application for Payment have been completed or delivered and stored in accordance with the Contract Documents,that all amounts have been paid for Work, materials, and equipment for which previous payments have been made by the Owner, and that the current payment amount shown in this Application for Payment is now due. C. Submit attachments in Portable Document Format (PDF): 1. Generate attachments to the Application for Payment using the Excel spreadsheet provided. 2. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. 17.09 Responsibility of Owner's Authorized Representative A. OAR will review draft Application for Payment with Contractor to reach an agreement on the values that will be recommended for payment by the OAR. B. OAR will review Application for Payment submitted by Contractor to determine that the Application for Payment has been properly submitted and is in accordance with the agreed to draft Application for Payment. C. OAR is to either recommend payment of the Application for Payment to Owner or notify the Contractor of the OPT's reasons for not recommending payment. Contractor may make necessary corrections and resubmit the Application for Payment if it is not recommended within 10 days after receipt of the notice. OAR will review resubmitted Application for Payment and reject or recommend payment of the Application for Payment to Owner as appropriate. D. OAR's recommendation of the Application for Payment constitutes a representation by OPT that based on their experience and the information available: 1. The Work has progressed to the point indicated; 2. The quality of the Work is generally in accordance with the Contract Documents; and 3. Requirements prerequisite to payment have been met. General Conditions 007200-75 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 E. This representation is subject to: 1. Further evaluation of the Work as a functioning whole; 2. The results of subsequent tests called for in the Contract Documents; or 3. Any other qualifications stated in the recommendation. F. OPT does not represent by recommending payment: 1. Inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work; or 2. Other matters or issues between the parties that might entitle Contractor to additional compensation or entitle Owner to withhold payment to Contractor may or may not exist. G. Neither OPT's review of Contractor's Work for the purposes of recommending payments nor OAR's recommendation of payment imposes responsibility on OPT: 1. To supervise, direct, or control the Work; 2. For the means, methods, techniques, sequences, or procedures of construction, or safety precautions and programs; 3. For Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work; 4. To make examinations to ascertain how or for what purposes Contractor has used the monies paid on account of the Contract Price; or 5. To determine that title to the Work, materials, or equipment has passed to Owner free and clear of Liens. 17.10 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to the Work, materials, and equipment furnished under the Contract is to pass to Owner free and clear of Liens, title defects, and patent, licensing, copyright, or royalty obligations no later than 7 days after the time of payment by Owner of the Application for Payment which includes these items. 17.11 Substantial Completion A. Notify OAR when Contractor considers the entire Work substantially complete and request a Certificate of Substantial Completion. B. OPT is to inspect the Work within 30 days after Contractor's notification to determine if the Work is substantially complete. OAR, within 120 days after receipt of Contractor's notification, is to either issue the Certificate of Substantial Completion which sets the date of Substantial Completion or notify Contractor of the reasons the Project is not considered to be substantially complete. General Conditions 007200-76 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 for this part of the Work. B. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Article 6. 17.13 Final Inspection A. OPT is to make a final inspection upon notice from Contractor that the entire Work or portion to be accepted is complete. OAR is to notify Contractor of Work determined to be incomplete or Defective. Immediately take corrective measures to complete the Work and correct Defective Work. 17.14 Final Application for Payment A. Include adjustments to the Contract Price in the final Application for Payment for: 1. Approved Change Orders and Contract Amendments, 2. Allowances not previously adjusted by Change Order, 3. Deductions for Defective Work that has been accepted by the Owner, 4. Penalties and bonuses, 5. Deductions for liquidated damages, 6. Deduction for all final set-offs, and 7. Other adjustments if needed. B. OAR will prepare a final Change Order reflecting the approved adjustments to the Contract Price which have not been covered by previously approved Change Orders and if necessary reconcile estimate unit price quantities with actual quantities. General Conditions 007200-77 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 17.15 Final Payment A. Make final Application for Payment after completing required corrections identified during the final inspection and delivering items and documents required by the Contract Documents. Provide the following with the final Application for Payment: 1. Consent of Surety to Final Payment acknowledging unsettled disputes; and 2. Certification of Payment of Debts and Claims or Certification of Release of Liens or furnish receipts or releases in full from Subcontractors and Suppliers. B. OAR is to either recommend payment of the final Application for Payment to Owner if OPT is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled or notify the Contractor of the OPT's reasons for not recommending final payment. C. The Work is complete, subject to surviving obligations, when it is ready for final payment as established by the OAR's recommendation of payment of the final Application for Payment to Owner and the issuance of a Certificate of Final Completion. D. The Owner is to pay the amount of final payment recommended by the OAR within 30 days after receipt of the final Application for Payment and accompanying documentation from the OAR. 17.16 Waiver of Claims A. The making of final payment does not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from: 1. Unsettled Liens or claims for non-payment; 2. Defective Work appearing after final inspection; 3. Contractor's failure to comply with the Contract Documents or the terms of specified special guarantees; or 4. Contractor's continuing obligations under the Contract Documents. B. Contractor waives claims and rights against Owner by accepting final payment with the exception of those Claims made in accordance with the provisions of Article 22 and specifically noted in the Certificate of Final Completion. 17.17 Correction Period A. Promptly correct Defective Work without cost to Owner for 1 year after the date of Substantial Completion or, in the event of a latent defect, within 1 year after discovery thereof by City. B. Promptly correct damages to the Site or adjacent areas that Contractor has arranged to use through construction easements or other agreements. Promptly correct damages to Work or the work of others. Make corrections without cost to Owner. C. Owner may have the Defective Work and damages described in Paragraphs 17.17.A and 17.17.13 corrected if Contractor does not comply with the terms of OAR's instructions, or in an emergency where delay would cause serious risk of loss or damage. General Conditions 007200-78 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 D. Contractor's obligation to indemnify Owner for claims arising out of or related to the correction of Defective Work are as set forth in Paragraph 7.14. E. The correction period starts to run from the date when a specific item of equipment or system is placed in continuous beneficial use by Owner before Substantial Completion of Work if so provided in the Specifications or if accepted for beneficial use by the Owner. F. Contractor's obligations under this Paragraph 17.17 are in addition to other obligations or warranties. The provisions of this Paragraph 17.17 are not a substitute for, or a waiver of, the provisions of applicable statutes of limitation or repose. ARTICLE 18—SUSPENSION OF WORK AND TERMINATION 18.01 Owner May Suspend Work A. Owner may suspend the Work or a portion of the Work for a period of not more than 90 consecutive days, at any time and without cause, by notice to Contractor. This notice fixes the date on which Contractor is to resume Work. Contractor is entitled to adjustments in the Contract Price and Contract Times directly attributable to this suspension only if efforts are made to mitigate the cost impacts of the suspension. Meet with the Owner within 10 days of the notice of suspension to discuss specific strategies to reduce or eliminate the cost of delays. Submit a Change Proposal seeking an adjustment no later than 30 days after the date fixed for resumption of Work. 18.02 Owner May Terminate for Cause A. The occurrence of one or more of the following events constitutes a default by Contractor and justifies termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents, including failure to supply sufficient skilled workers or suitable materials or equipment; 2. Failure to adhere to the Progress Schedule; 3. Failure of the Contractor to provide a satisfactory replacement Bond or insurance in the event either is lost or canceled; 4. Failure of Contractor to maintain financial solvency to adequately complete the Project as indicated by one or more of the following: a. A petition of bankruptcy is filed by or against Contractor, b. Contractor is adjudged as bankrupt or insolvent, c. Contractor or surety makes a general assignment for the benefit of creditors, d. A receiver is appointed for the benefit of Contractor's creditors, or e. A receiver is appointed on account of Contractor's insolvency; 5. Contractor's disregard of Laws or Regulations of public bodies having jurisdiction; 6. Contractor's repeated disregard of the authority of OPT; 7. Contractor's failure to prosecute the work with diligence; or General Conditions 007200-79 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 8. Contractor's other material breach of the contract. B. Contractor and surety must provide adequate assurance of future performance in accordance with the Contract Documents that is satisfactory to Owner if Contractor is believed to be in financial distress due to the existence of one or more of the indicators listed in Paragraph 18.02.A.4. Owner may terminate Contractor's performance under this Contract if Contractor and surety fail to provide adequate documentation satisfactory to Owner within 10 days of OAR's request for this information. C. Owner may declare Contractor to be in default, give notice to Contractor and surety that Contractor's performance under the Contract is terminated, and enforce the rights available to Owner under the Performance Bond after giving Contractor and surety 10 days' notice that one or more of the events identified in Paragraph 18.02.A has occurred. D. Owner may exclude Contractor from the Site, take possession of the Work, incorporate the materials and equipment stored and complete the Work as Owner may deem expedient if Owner has terminated Contractor's performance under the Contract for cause. E. Owner may elect not to proceed with termination of Contractor's performance under the Contract under this Paragraph 18.02 if Contractor begins to cure the cause for termination within 7 days of receipt of notice of intent to terminate. F. Contractor is not entitled to receive further payments until the Work is completed if Owner proceeds as provided in this Paragraph 18.02. The amount of the Contract Price remaining is to be paid to the Contractor if the unpaid balance exceeds the cost to complete the Work. The cost to complete the Work may include related claims, costs, losses, damages, and the fees and charges of engineers, architects, attorneys, and other professionals retained by Owner. Pay the difference to Owner if the cost to complete the Work including related claims, costs, losses, and damages exceeds the unpaid balance of the Contract Price. Owner is not required to obtain the lowest price for the Work performed when exercising its rights or remedies under this paragraph. G. Termination of Contractor's performance does not affect the rights or remedies of Owner against Contractor or against surety under the Payment Bond or Performance Bond. Owner does not release Contractor from liability by paying or retaining money due Contractor. H. In the event the Owner terminates the contract for cause, and it is later determined that cause for termination was lacking, the termination will be deemed a termination without cause under Paragraph 18.03. 18.03 Owner May Terminate For Convenience A. Owner may terminate the Contract without cause after giving 7 days' notice to Contractor of the effective date of termination. Contractor is to be paid for the following if Owner terminates for convenience: 1. Work completed in accordance with the Contract Documents prior to the effective date of termination; 2. Actual costs sustained prior to the effective date of termination for Work in progress, plus a fee calculated in accordance with Paragraph 15.05; and 3. Reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. General Conditions 007200-80 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 B. No payment is payable to Contractor for loss of anticipated overhead, profits or revenue, or other economic loss arising out of or resulting from this termination. ARTICLE 19— PROJECT MANAGEMENT 19.01 Work Included A. Furnish resources required to complete the Project with an acceptable standard of quality within the Contract Times. B. Construct Project in accordance with current safety practices. C. Manage Site to allow access to Site and control construction operations. D. Construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. E. Provide temporary controls for pollutions, management of water and management of excess earth. 19.02 Quality Assurance A. Employ competent workmen,skilled in the occupation for which they are employed. Provide Work meeting quality requirements of the Contract Documents. B. Remove Defective Work from the Site immediately unless provisions have been made and approved by the OPT to allow repair of the product at the Site. Clearly mark Work as Defective until it is removed or allowable repairs have been completed. 19.03 Document Submittal A. Provide documents in accordance with Article 24. 1. Provide copies of Supplier's printed storage instructions prior to furnishing materials or products and installation instructions prior to beginning the installation. 2. Incorporate field notes,sketches, recordings,and computations made by the Contractor in Record Data. 19.04 Required Permits A. Obtain building permits for the Project from the local authorities having jurisdiction. Pay building permit fees and include this cost in the Contract Price. B. Obtain environmental permits required for construction at the Site. C. Provide required permits for transporting heavy or oversized loads. D. Provide other permits required to conduct any part of the Work. E. Arrange for inspections and certification by agencies having jurisdiction over the Work. F. Make arrangements with private utility companies and pay for fees associated with obtaining services, or for inspection fees. G. Retain copies of permits and licenses at the Site and observe and comply with all regulations and conditions of the permit or license. General Conditions 007200-81 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 19.05 Safety Requirements A. Manage safety to protect the safety and welfare of persons at the Site. B. Provide safe access to move through the Site. Provide protective devices to warn and protect from hazards at the Site. C. Provide safe access for those performing tests and inspections. D. Comply with latest provisions of the Occupational Health and Safety Administration and other Laws and Regulation. E. Cooperate with accident investigations. Provide two copies of all reports,including insurance company reports, prepared concerning accidents, injury, or death related to the Project to the OAR as Record Data per Article 26. 19.06 Access to the Site A. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe access for normal operations during construction. B. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding, and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections. C. Use roadways for construction traffic only with written approval of the appropriate representatives of each entity. Obtain written approval to use roads to deliver heavy or oversized loads to the Site. Furnish copies of the written approvals to the Owner as Record Data per Article 26. 19.07 Contractor's Use of Site A. Limit the use of Site for Work and storage to those areas designated on the Drawings or approved by the OAR. Coordinate the use of the premises with the OAR. B. Provide security at the Site as necessary to protect against vandalism and loss by theft. C. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply. D. Park construction equipment in designated areas only and provide spill control measures. E. Park employees'vehicles in designated areas only. F. Obtain written permission of the Owner before entering privately-owned land outside of the Owner's property, rights-of-way, or easements. G. Do not allow the use of audio devices, obnoxious, vulgar or abusive language, or sexual harassment in any form. These actions will cause immediate and permanent removal of the offender from the premises. Criminal or civil penalties may apply. General Conditions 007200-82 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 H. Require Workers to wear clothing that is inoffensive and meets safety requirements. Do not allow sleeveless shirts, shorts, exceedingly torn, ripped, or soiled clothing to be worn on the Project. I. Do not allow firearms or weapons of any sort to be brought on to the Site under any conditions. No exception is to be made for persons with concealed handgun permits. Remove any firearms or weapons and the person possessing these firearms or weapons immediately from the Site. 19.08 Protection of Existing Structures and Utilities A. Examine the Site and review the available information concerning the Site. Locate utilities, streets, driveways, fences, drainage structures, sidewalks, curbs, and gutters. Verify the elevations of the structures adjacent to excavations. Report any discrepancies from information in the Contract Documents to the OAR before beginning construction. B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action and coordinate Work with local utility companies and others for the relocation or replacement. C. Protect buildings, utilities, street surfaces, driveways, sidewalks, curb and gutter, fences, wells, drainage structures, piping, valves, manholes, electrical conduits, and other systems or structures unless they are shown to be replaced or relocated on the Drawings. Restore damaged items to the satisfaction of the OPT and utility owner. D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless required by the Contract Documents or approved by the OAR. Notify and cooperate with the utility owner if it is necessary to move services, poles, guy wires, pipelines, or other obstructions. E. Protect existing trees and landscaping at the Site. 1. Identify trees that may be removed during construction with OPT. 2. Mark trees to be removed with paint. 3. Protect trees to remain from damage by wrapping trunks with 2 x 4 timbers around the perimeter, securely wired in place, where machinery must operate around existing trees. Protect branches and limbs from damage by equipment. 4. Protect root zone from compaction. 19.09 Pre-Construction Exploratory Excavations A. Excavate and expose existing pipelines that cross within 20 feet of Project pipelines prior to any Work. Survey the line to determine its exact vertical and horizontal location at each point the existing pipeline may potentially conflict with the Work. B. Excavate and expose existing parallel pipelines at 300 feet intervals (maximum) for existing pipelines which are within 10 feet of Project pipelines. Survey the line to determine its exact vertical and horizontal location at each point where the line is excavated and exposed. General Conditions 007200-83 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 C. Prepare a Plan of Action indicating the owner of pipelines excavated and surveyed and all pertinent survey data, including the station where lines cross or conflicts may exist and the distance to the pavement centerline and elevations of the top of existing pipelines. D. Do not perform Work on the Project until all exploratory excavations have been completed and the Plan of Action has been approved by the OAR. E. Unless specifically indicated otherwise in the Bid Form, no separate payment will be made for pre-construction exploratory excavations. Include the cost for pre-construction exploratory excavations in the unit price for the pipe construction or other applicable feature. When necessary, pavement repairs associated with exploratory excavations that are beyond the limits of the new pavement will be paid for at the unit prices for pavement repair when an item is included in the Bid Form. When an item for pavement repair is not included in the Bid Form, the cost should be included in the unit price for the pipe construction or other applicable feature. 19.10 Disruption of Services/Continued Operations A. Existing facilities are to continue in service as usual during the construction unless noted otherwise. Owner of utilities must be able to operate and maintain the facilities. Keep disruptions to existing utilities, piping, process piping, or electrical services to a minimum. 1. Do not restrict access to critical valves or operators. 2. Limit operations to the minimum amount of space needed to complete the specified Work. 3. Maintain storm sewers and sanitary sewers in service at all times. Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not restricted. B. Provide a Plan of Action if facilities must be taken out of operation. 19.11 Field Measurements A. Perform complete field measurements prior to purchasing products or beginning construction for products required to fit existing conditions. B. Verify property lines, control lines, grades, and levels indicated on the Drawings. C. Check Shop Drawings and indicate the actual dimensions available where products are to be installed. D. Include field measurements in Record Data as required in Article 26. 19.12 Reference Data and Control Points A. The OPT will provide the following control points: 1. Base line or grid reference points for horizontal control. 2. Benchmarks for vertical control. B. Locate and protect control points prior to starting the Work and preserve permanent reference points during construction. Designated control points may be on an existing structure or monument. Do not change or relocate points without prior approval of the OAR. General Conditions 007200-84 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Notify OAR when the reference point is lost, destroyed, or requires relocation. Replace Project control points on the basis of the original survey. C. Provide complete engineering layout of the Work needed for construction. 1. Provide competent personnel. Provide equipment including accurate surveying instruments, stakes, platforms,tools, and materials. 2. Provide surveying with accuracy meeting the requirements established for Category 5 Construction Surveying as established in the Manual of Practice of Land Surveying in Texas published by the Texas Society of Professional Surveyors, latest revision. 3. Record Data and measurements per standards. 19.13 Delivery and Storage A. Deliver products and materials to the Site in time to prevent delays in construction. B. Deliver packaged products to Site in original undamaged containers with identifying labels attached. Open cartons as necessary to check for damage and to verify invoices. Reseal cartons and store properly until used. Leave products in packages or other containers until installed. C. Assume full responsibility for the protection and safekeeping of products stored at the Site. D. Store products at locations acceptable to the OAR and to allow Owner access to maintain and operate existing facilities. E. Store products in accordance with the Supplier's storage instructions immediately upon delivery. Leave seals and labels intact. F. Provide additional storage areas as needed for construction. Store products subject to damage by elements in substantial weather-tight enclosures or storage sheds. Provide and maintain storage sheds as required for the protection of products. Provide temperature, humidity control, and ventilation within the ranges stated in the Supplier's instructions. Remove storage facilities at the completion of the Project. G. Protect the pipe interior. Keep all foreign materials such as dirt, debris, animals, or other objects out of the pipe during the Work. Cap or plug ends of installed pipe in an approved manner when pipe is not being installed. Clean or wash out pipe sections that become contaminated before continuing with installation. Take precautions to prevent the pipe from floating or moving out of the proper position during or after laying operations. Immediately correct any pipe that moves from its correct position. H. Provide adequate exterior storage for products that may be stored out-of-doors. 1. Provide substantial platforms, blocking, or skids to support materials and products above ground which has been sloped to provide drainage. Protect products from soiling or staining. 2. Cover products subject to discoloration or deterioration from exposure to the elements, with impervious sheet materials. Provide ventilation to prevent condensation below covering. 3. Store loose, granular materials on clean, solid surfaces, or on rigid sheet materials, to prevent mixing with foreign matter. General Conditions 007200-85 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 4. Provide surface drainage to prevent erosion and ponding of water. 5. Prevent mixing of refuse or chemically injurious materials or liquids with stored materials. 6. Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt, moisture, and other injurious materials. Protect PVC pipe from ultraviolet light exposure. 7. Store light weight products to prevent wind damage. I. Maintain storage facilities. Inspect stored products on a weekly basis and after periods of severe weather to verify that: 1. Storage facilities continue to meet specified requirements; 2. Supplier's required environmental conditions are continually maintained; and 3. Products that can be damaged by exposure to the elements are not adversely affected. J. Replace any stored item damaged by inadequate protection or environmental controls. K. Payment may be withheld for any products not properly stored. 19.14 Cleaning During Construction A. Provide positive methods to minimize raising dust from construction operations and provide positive means to prevent air-borne dust from disbursing into the atmosphere. Control dust and dirt from demolition, cutting, and patching operations. B. Clean the Project as Work progresses and dispose of waste materials, keeping the Site free from accumulations of waste or rubbish. Provide containers on Site for waste collection. Do not allow waste materials or debris to blow around or off of the Site. Control dust from waste materials. Transport waste materials with as few handlings as possible. C. Comply with Laws and Regulations. Do not burn or bury waste materials. Remove waste materials, rubbish and debris from the Site and legally dispose of these at public or private disposal facilities. D. Provide a final cleaning to thoroughly clean the entire Site and make ready for acceptance. 1. Remove construction debris, boxes, and trash from the Site. 2. Remove construction storage sheds and field offices. 3. Restore grade to match surrounding condition and remove excess dirt. 4. Sweep all drives and parking lots clean of dirt and debris. Use water trucks or hose down paved site to like new appearance. 19.15 Maintenance of Roads, Driveways, and Access A. Maintain roads and streets in a manner that is suitable for safe operations of public vehicles during all phases of construction unless the Owner approves a street closing. Do not close public roads overnight. B. Submit a Notification by Contractor for Owner's approval of a street closing. The request shall state: General Conditions 007200-86 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 1. The reason for closing the street. 2. How long the street will remain closed. 3. Procedures to be taken to maintain the flow of traffic. C. Construct temporary detours, including by-pass roads around construction,with adequately clear width to maintain the free flow of traffic at all times. Maintain barricades, signs, and safety features around the detour and excavations. Maintain barricades, signs, and safety features around the Work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). D. Assume responsibility for any damage resulting from construction along roads or drives. 19.16 Area Access and Traffic Control A. Provide traffic control measures to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. Provide all-weather access to all residents and businesses at all times during construction. Provide temporary driveways and/or roads of approved material during wet weather. Maintain a stockpile of suitable material on the Site to meet the demands of inclement weather. B. Schedule operations to minimize adverse impact on the accessibility of adjoining properties. Sequence construction to build driveways in half widths, construct temporary ramps, or any other measure required to maintain access to adjoining properties. C. Comply with the Owner's Uniform Barricading Standards and Practices. Copies of this document are available through the Owner's Traffic Engineering Department. Secure required permits from the Owner's Traffic Engineering Department. 19.17 Overhead Electrical Wires A. Comply with OSHA safety requirements regarding construction equipment working beneath overhead electrical wires. Prevent and pay for repairs for damage to existing overhead electrical wires or facilities. B. Provide for adequate safety with regard to overhead lines whether overhead lines are or are not shown in the Contract Documents. 19.18 Blasting A. Blasting is not allowed for any purpose. 19.19 Archeological Requirements A. Cease operations immediately and contact the Owner for instructions if historical or archaeological artifacts are found during construction. B. Conduct all construction activities to avoid adverse impact on the Sites where significant historical or archaeological artifacts are found or identified as an area where other artifacts could be found. 1. Obtain details for Working in these areas. 2. Maintain confidentiality regarding the Site. General Conditions 007200-87 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 3. Adhere to the requirements of the Texas Historical Commission. 4. Notify the OAR and the Texas Historical Commission. C. Do not disturb archaeological sites. 1. Obtain the services of a qualified archaeological specialist to instruct construction personnel on how to identify and protect archaeological finds on an emergency basis. 2. Coordinate activities to permit archaeological work to take place within the area. a. Attempt to archaeologically clear areas needed for construction as soon as possible. b. Provide a determination of priority for such areas. D. Assume responsibility for any unauthorized destruction that might result to such Sites by construction personnel, and pay all penalties assessed by the State or Federal agencies for non-compliance with these requirements. E. Contract Times will be modified to compensate for delays caused by such archaeological finds. No additional compensation will be paid for delays. 19.20 Endangered Species Resources A. Do not perform any activity that is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Species Act (ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. B. Cease Work immediately in the area of the encounter and notify the OAR if a threatened or endangered species is encountered during construction. OPT will implement actions in accordance with the ESA and applicable State statutes. Resume construction in the area of the encounter when authorized to do so by the OAR. 19.21 Cooperation with Public Agencies A. Cooperate with all public and private agencies with facilities operating within the limits of the Project. B. Provide a 48-hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Texas 811 at 811 and the Lone Star Notification Company at 1-800-669-8344. ARTICLE 20—PROJECT COORDINATION 20.01 Work Included A. Administer Contract requirements to construct the Project. Provide documentation per the requirements of this Section. Provide information as requested by the OPT. 20.02 Document Submittal A. Provide documents in accordance with Article 24. General Conditions 007200-88 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 B. Use the forms provided for Contract administration, applications for payment, document submittals, documentation of test results, equipment installation and documentation, and Project closeout. A digital copy of the required forms will be provided to the Contractor before or at the pre-construction conference. 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The OAR will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. C. The OAR will normally communicate only with the Contractor. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the Contractor. D. Direct written communications to the OAR at the address indicated at the pre-construction conference. Include the following with communications as a minimum: 1. Name of the Owner. 2. Project name. 3. Contract title. 4. Project number. 5. Date. 6. A reference statement. 20.04 Project Meetings A. Pre-Construction Conference: 1. Attend a pre-construction conference. 2. The location of the conference will be determined by the OAR. 3. The time of the meeting will be determined by the OAR but will be after the Notice of Award is issued and not later than 15 days after the Notice to Proceed is issued. 4. The OPT, Contractor's project manager and superintendent, representatives of utility companies, and representatives from major Subcontractors and Suppliers may attend the conference. 5. Provide and be prepared to discuss: a. Preliminary construction schedule per Article 27. b. Schedule of Values and anticipated Schedule of Payments per Article 17. C. List of Subcontractors and Suppliers. General Conditions 007200-89 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 d. Contractor's organizational chart as it relates to this Project. e. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents,Contract Modifications, and payment requests. B. Progress Meetings: 1. Attend meetings with the OAR and Owner. a. Meet on a monthly basis or as requested by the OAR to discuss the Project. b. Meet at the Site or other location as designated by the OAR. c. Contractor's superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters. d. Notify the OAR of any specific items to be discussed a minimum of 1 week prior to the meeting. 2. Provide information as requested by the OAR or Owner concerning this Project. Prepare to discuss: a. Status of overall Project schedule. b. Contractor's detailed schedule for the next month. c. Anticipated delivery dates for equipment. d. Coordination with the Owner. e. Status of documents. f. Information or clarification of the Contract Documents. g. Claims and proposed Modifications to the Contract. h. Field observations, problems, or conflicts. i. Maintenance of quality standards. 3. OAR will prepare minutes of meetings. Review the minutes of the meeting and notify the OAR of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in the minutes of the following meeting or as an attachment to the minutes. C. Pre-Submittal and Pre-Installation Meetings: 1. Conduct pre-submittal and pre-installation meetings as required in the individual technical Specifications or as determined necessary by the OAR (for example, instrumentation, roofing, concrete mix design, etc.). 2. Set the time and location of the meetings when ready to proceed with the associated Work. Submit a Notification by Contractor in accordance with Paragraph 20.07 for the meeting 2 weeks before the meeting. OPT must approve of the proposed time and location. 3. Attend the meeting and require the participation of appropriate Subcontractors and Suppliers in the meeting. General Conditions 007200-90 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 4. Prepare minutes of the meeting and submit to the OPT for review. OPT will review the minutes of the meeting and notify the Contractor of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in a revised set of meeting minutes. 20.05 Requests for Information A. Submit Request for Information (RFI) to the OAR to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. OAR will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. D. Use the Project Issues Log to document decisions made at meetings and actions to be taken in accordance with Paragraph 20.06. E. Use the Action Item Log to document assignments for actions to be taken in accordance with Paragraph 20.06. 20.06 Decision and Action Item Log A. OAR will maintain a Project Decision Log to document key decisions made at meetings, telephone conversation or Site visits using the format provided: 1. Review the log prior to each regular meeting. 2. Report any discrepancies to the OAR for correction or discussion at the next monthly meeting. B. OAR will maintain an Action Item log in conjunction with the Project Decision Log to track assignments made at meetings, telephone conversation, or Site visits using the format provided: 1. Review the Action Item Log prior to each regular meeting. 2. Report actions taken subsequent to the previous progress meeting on items in the log assigned to the Contractor or through the Contractor to a Subcontractor or Supplier to the OAR. Report on status of progress 1 week prior to each progress meeting established in Paragraph 20.04 to allow OAR to update the log prior to the Progress meetings. 3. Be prepared to discuss the status at each meeting. General Conditions 007200-91 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 C. Decisions or action items in the log that require a change in the Contract Documents will have the preparation of a Modification as an action item if appropriate. The Contract Documents can only be changed by a Modification. 20.07 Notification By Contractor A. Notify the OAR of: 1. Need for testing. 2. Intent to work outside regular working hours. 3. Request to shut down facilities or utilities. 4. Proposed utility connections. 5. Required observation by OAR, Designer, or inspection agencies prior to covering Work. 6. Training. B. Provide notification a minimum of 2 weeks in advance in order to allow OPT time to respond appropriately to the notification. C. Use "Notification by Contractor" form provided. 20.08 Record Documents A. Maintain at the Site one complete set of printed Record Documents including: 1. Drawings. 2. Specifications. 3. Addenda. 4. Modifications. 5. Record Data and approved Shop Drawings. 6. Construction photographs. 7. Test Reports. 8. Clarifications and other information provided in Request for Information responses. 9. Reference standards. B. Store printed Record Documents and Samples in the Contractor's field office. 1. Record Documents are to remain separate from documents used for construction. 2. Provide files and racks for the storage of Record Documents. 3. Provide a secure storage space for the storage of Samples. 4. Maintain Record Documents in clean, dry, legible conditions, and in good order. 5. Make Record Documents and Samples available at all times for inspection by the OPT. C. Maintain a digital record of Specifications and Addenda to identify products provided in PDF format. General Conditions 007200-92 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 1. Reference the Record Data number, Shop Drawings number,and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. D. Maintain a digital record of Drawings in PDF format. 1. Reference the Record Data number, Shop Drawings number,and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. 3. Record information as construction is being performed. Do not conceal any Work until the required information is recorded. 4. Mark Drawings to record actual construction, including the following: a. Depths of various elements of the foundation in relation to finished first floor datum or the top of walls. b. Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities encountered during construction. C. Location of utilities and appurtenances concealed in the Work. Refer measurements to permanent structures on the surface. Include the following equipment: 1) Piping. 2) Ductwork. 3) Equipment and control devices requiring periodic maintenance or repair. 4) Valves, unions,traps, and tanks. 5) Services entrance. 6) Feeders. 7) Outlets. d. Changes of dimension and detail. e. Changes by Modifications. f. Information in Request for Information or included in the Project Issues Log. g. Details not on the original Drawings. Include field verified dimensions and clarifications, interpretations, and additional information issued in response to RFIs. 5. Mark Drawings with the following colors: a. Highlight references to other documents, including Modifications in blue; b. Highlight mark ups for new or revised Work(lines added) in yellow; C. Highlight items deleted or not installed (lines to be removed) in red; and d. Highlight items constructed per the Contract Documents in green. General Conditions 007200-93 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 007200-94 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 h. Provide facilities required to store and cure test Samples; i. Provide calibrated scales and measuring devices for the OPT's use in performing inspections and testing; j. Provide adequate lighting to allow OPT observations; and k. Make Contract Documents available to testing agencies when requested. 5. Provide safe access for all inspection and testing activities, including those to be conducted as part of the OPT's Quality Management Program. 6. Document Defective Work through Certified Test Reports and Defective Work Notices. Document that corrective actions have been taken to correct any defects and that corrected Work is in compliance with the Contract Documents. 7. Apply quality control measures to documentation provided for the Project. 8. Implement countermeasures to prevent future Defective Work. C. Perform tests as indicated in this and other Sections of the Specifications. Technical Specifications govern if any testing and inspection requirements of this Section conflict with the testing and inspection requirements of the technical Specifications. D. All verification testing is to be observed by the OAR or designated representative. E. Send test reports to the OAR and the Designer. F. Provide an update on quality control activities at monthly progress meetings. G. Owner will withhold payment for Defective Work, or Work that has not been tested or inspected in accordance with the Contractor's Quality Control Plan,the OPT's Quality Control Program, or the Contract Documents. H. Owner will withhold payment for additional testing fees incurred due to Contractor noncompliance with OPT's Quality Control Program, including retesting fees, standby time, cancellation charges, and trip fees for retesting or cancellations. I. Work performed that is connected or adjacent to Defective Work or Work that would have to be removed to correct Defective Work is also considered to be Defective. Contractor is responsible for all cost with replacing any acceptable Work that must be removed or might be damaged by corrective actions. 21.02 Quality Management Activities by OPT A. OPT will perform its own quality assurance tests independent of the Contractor's Quality Control Program. Assist the OPT and testing organizations in performing quality assurance activities per Paragraph 21.01. B. Quality assurance testing performed by the OPT will be paid for by the Owner, except for verification testing required per Paragraph 21.07. C. Quality assurance activities of the OPT, through their own forces or through contracts with consultants and materials testing laboratories are for the purpose of monitoring the results of the Contractor's Work to see that it is in compliance with the requirements of the Contract Documents. Quality assurance activities or non-performance of quality assurance activities by the OPT do not: General Conditions 007200-95 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 1. Relieve the Contractor of its responsibility to provide Work or furnish products that conform with the requirements of the Contract Documents; 2. Relieve the Contractor of its responsibility for providing adequate quality control measures; 3. Relieve the Contractor of its responsibility for damage to or loss of Work or products before OPT's acceptance; 4. Constitute or imply OPT's acceptance; and 5. Affect the continuing rights of the Owner after OPT's acceptance of the completed Work. D. Work is subject to OPT's quality assurance observations or testing at any time. Products which have been tested or inspected and approved by OPT at a supply source or staging area may be inspected or tested again by the OPT before, during or after incorporation into the Work and rejected if products do not comply with the Contract Documents. 21.03 Contractor's Use of OPT's Test Reports A. OPT has prepared a Quality Management Plan that describes, in general, the OPT's anticipated quality assurance testing program for this Project. This testing program will be made available to Bidders during the bidding phase. This plan outlines only the testing in general terms and may not reflect actual testing. Actual testing will depend on the Contractors means, methods and procedures of construction which will not be known until the Contractor begins Work and submits their own Quality Control Plan for review. There is no guarantee that all testing will be performed. B. Contractor will receive copies of all test reports documenting OPT's quality assurance activities. Contractor is entitled to rely on the accuracy of these test results and use these as part of their quality control efforts. C. Contractor is to determine additional testing or inspections that may be required to implement the Contractor's Quality Control Plan. Include cost for additional testing and inspections required to meet Contractors quality control obligations, including the cost for correcting Defective Work in the Contract Price. D. Contractor may submit a Change Proposal if OPT's quality assurance testing program deviates significantly from the OPT's Quality Management Plan, and Contractor can demonstrate that additional cost was incurred to implement the Contractor's Quality Control Plan resulting from these deviations. 21.04 Documentation A. Provide documentation which includes: 1. Contractor's Quality Management Plan that establishes the methods of assuring compliance with the Contract Documents. Submit this plan as a Shop Drawings per Article 25. 2. A Statement of Qualification for any proposed testing laboratories that includes a list of the engineers and technical staff that will provide testing services on the Project, descriptions of the qualifications of these individuals, list of tests that can be performed, General Conditions 007200-96 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 equipment used with date of last certification, and a list of recent projects for which testing has been performed with references for those projects. 3. Provide Certified Test Reports for products to be incorporated into the Project. Provide reports to indicate that proposed products comply with the Contract Documents or indicate that proposed products do not comply with the Contract Documents and why it does not comply. Submit these test reports as part of a Shop Drawings submitted per Article 25. 4. Provide Certified Test Reports for inspection and testing required in this Section and in other Specification Sections. Provide reports to indicate that Work complies with the Contract Documents or indicate that Work does not comply with the Contract Documents and why it does not comply. Submit these test reports on forms provided per Article 24. 21.05 Standards A. Provide testing laboratories that comply with the American Council of Independent Laboratories (ACIL) "Recommended Requirements for Independent Laboratory Qualifications." B. Perform testing per recognized test procedures as listed in the various Sections of the Specifications, standards of the State Department of Highways and Public Transportation, American Society of Testing Materials (ASTM), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations. 21.06 Delivery and Storage A. Handle and protect test specimens of products and construction materials at the Site in accordance with recognized test procedures. Provide facilities for storing, curing, and processing test specimens as required by test standard to maintain the integrity of Samples. 21.07 Verification Testing for Corrected Defects A. Provide verification testing on Work performed to correct Defective Work to demonstrate that the Work is now in compliance with the Contract Documents. Document that Defective Work has been corrected and verify that the OAR closes the item in the Defective Work Register. B. Pay for verification testing. OPT may perform verification testing as part of their Quality Management Program and impose a Set-off to recover the cost for this testing. C. Conduct the same tests or inspections used to determine that the original Work was Defective. Different tests or methods may be used if approved by the OPT. 21.08 Test Reports A. Certified Test Reports are to be prepared for all tests. 1. Tests performed by testing laboratories may be submitted on their standard test report forms if acceptable to the OPT. These reports must include the following: a. Name of the Owner, Project title and number and Contractor; General Conditions 007200-97 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 b. Name of the laboratory, address, and telephone number; C. Name and signature of the laboratory personnel performing the test; d. Description of the product being sampled or tested; e. Date and time of sampling, inspection, and testing; f. Date the report was issued; g. Description of the test performed; h. Weather conditions and temperature at time of test or sampling; i. Location at the Site or structure where the sample was taken; j. Standard or test procedure used in making the test; k. A description of the results of the test; I. Statement of compliance or non-compliance with the Contract Documents; and m. Interpretations of test results, if appropriate. 2. Submit reports on tests performed by Contractor, Subcontractors or Suppliers on the forms provided by the OAR. 3. OPT will prepare test reports on test performed by the OPT. B. Send test report to Designer within 24 hours of completing the test. Flag tests reports with results that do not comply with Contract Documents for immediate attention. C. Payment for Work may be withheld until test reports indicate that the Work is not Defective. 21.09 Defective Work A. Immediately correct any Defective Work or notify the OAR why the Work is not to be corrected immediately and when corrective action will be completed. B. No payment will be made for Defective Work. Remove Work from the Application for Payment if Work paid for on a previous Application for Payment is found to be Defective. 21.10 Limitation of Authority of Testing Laboratory A. The testing laboratory representatives are limited to providing testing services and interpreting the results of the test performed. B. The testing laboratory is not authorized to: 1. Alter the requirements of the Contract Documents; 2. Accept or reject any portion of the Work; 3. Perform any of the duties of the Contractor; or 4. Direct or stop the Work. 21.11 Quality Control Plan A. Submit the Contractor's Quality Control Plan for approval as a Shop Drawing per Article 25. Use Contractor's Quality Control Plan Checklist provided to review the document before General Conditions 007200-98 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 submitting and include a copy of the completed checklist with the Contractor's Quality Control Plan. Do not begin Work until the Contractor's Quality Control Plan is approved. Submit an interim plan covering only the portion of Work to be performed if the Contractor plans to begin Work prior to submitting the Contractor's Quality Control Plan for the Project. Do not begin Work on other parts of the Project until the Contractor's Quality Control Plan is approved or another interim plan covering the additional Work to be started is approved. B. Provide a Contractor's Quality Control Plan that incorporates construction operations at both the Site and production Work at remote locations and includes Work by Subcontractors and Suppliers. The Contractor's Quality Control Plan is to include: 1. A description of the quality control organization, including an organization chart showing lines of authority to control the quality of Work; 2. Documentation describing name, qualifications (in resume format), duties, responsibilities, and level of authority of the Quality Control Manager; 3. The name, qualifications (in resume format), duties, responsibilities, and authorities of other persons assigned a quality control function; 4. Procedures for scheduling, reviewing, certifying, and managing documentation, including documentation provided by Subcontractors and Suppliers; 5. Control,verification, and acceptance testing procedures for each specific test. Include: a. Name of tests to be performed, b. Specification paragraph requiring test, C. Parameters of Work to be tested, d. Test frequency, e. Persons responsible for each test, and f. Applicable industry testing standards and laboratory facilities to be used for the test; 6. Integrate the OPT quality assurance testing into the Contractor's Quality Control Plan, specifically identifying the tests or inspections in Paragraph 21.11.13.5 that will be provided by the OPT as part of their Quality Management Program; 7. Procedures for tracking and documenting quality management efforts. 8. Procedures for tracking Defective Work from initial identification through acceptable corrective action. Indicate how documentation of the verification process for deficiencies will be made. 9. Reporting procedures which incorporate the use of forms provided by the OAR. 10. The name of the proposed testing laboratories along with documentation of qualifications per Paragraph 21.04. C. The Quality Control Manager must have authority to reject Defective Work and redirect the efforts of the Contractor's Team to prevent or correct Defective Work. D. Notify the Designer of any changes to the Contractor's Quality Control Plan or quality control personnel. General Conditions 007200-99 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 E. Meet with the OPT 7 days after Contractor's Quality Control Plan is submitted and before start of construction to discuss the Contractor's Quality Control Plan and expedite its approval. 21.12 Implement Contractor's Quality Control Plan A. Perform quality control observations and testing as required in each Section of the Specifications and where indicated on the Drawings. B. Include the following phases for each definable Work task. A definable Work task is one which is separate and distinct from other tasks, has separate control requirements, may be provided by different trades or disciplines, or may be Work by the same trade in a different environment. 1. Planning Phase: Perform the following before beginning each definable Work task: a. Review the Contract Drawings. b. Review documents and determine that they are complete in accordance with the Contract Documents. c. Check to assure that all materials and/or equipment have been tested, submitted, and approved. d. Examine the work area to assure that all required preliminary Work has been completed and complies with the Contract Documents. e. Examine required materials, equipment, and Sample Work to assure that they are on hand, conform to Shop Drawings and Record Data, and are properly stored. f. Review requirements for quality control inspection and testing. g. Discuss procedures for controlling quality of the Work. Document construction tolerances and workmanship standards for the Work task. h. Check that the portion of the plan for the Work to be performed incorporates document review comments. i. Discuss results of planning phase with the OAR. Conduct a meeting attended by the Quality Control Manager, the OAR, superintendent, other quality control personnel as applicable, and the foreman responsible for the Work task. Instruct applicable workers as to the acceptable level of workmanship required in order to meet the requirements of the Contract Documents. Document the results of the preparatory phase actions by separate meeting minutes prepared by the Quality Control Manager and attached to the quality control report. j. Do not move to the next phase unless results of investigations required for the planning phase indicate that requirements have been met. 2. Work Phase: Complete this phase after the Planning Phase: a. Notify the OAR at least 24 hours in advance of beginning the Work and discuss the review of the planning effort to indicate that requirements have been met. b. Check the Work to ensure that it is in full compliance with the Contract Documents. General Conditions 007200-100 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 c. Verify adequacy of controls to ensure full compliance with Contract Documents. Verify required control inspection and testing is performed. d. Verify that established levels of workmanship meet acceptable workmanship standards. Compare with required Sample panels as appropriate. e. Repeat the Work phase for each new crew to work on-site, or any time acceptable specified quality standards are not being met. 3. Follow-up Phase: Perform daily checks to assure control activities, including control testing, are providing continued compliance with contract requirements: a. Make checks daily and record observations in the quality control documentation. b. Conduct follow-up checks and correct all deficiencies prior to the start of additional Work tasks that may be affected by the Defective Work. Do not build upon nor conceal Defective Work. c. Conduct a review of the Work with the OPT one month prior to the expiration of the correction period. Correct defects as noted during the review. C. Conduct additional planning and Work phases if: 1. The quality of on-going Work is unacceptable; 2. Changes are made in applicable quality control staff, on-site production supervision or crews; 3. Work on a task is resumed after a substantial period of inactivity; or 4. Other quality problems develop. ARTICLE 22—FINAL RESOLUTION OF DISPUTES 22.01 Senior Level Negotiations A. Each party is required to continue to perform its obligations under the Contract pending the final resolution of any dispute arising out of or relating to the Contract, unless it would be impossible or impracticable under the circumstances then present. B. All negotiations pursuant to Article 22 are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. C. Before invoking mediation, Owner and Contractor agree that they first shall try to resolve any dispute arising out of or related to this Contract through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. Both Owner and Contractor agree that this step shall be a condition precedent to use of any other alternative dispute resolution process. If the parties' senior management representatives cannot resolve the dispute within 45 calendar days after a party delivers a written notice of such dispute to the other, then the parties shall proceed with mediation. 22.02 Mediation A. In the event that Owner and/or Contractor contend that the other has committed a material breach of the Contract or the parties cannot reach a resolution of a claim or dispute pursuant General Conditions 007200-101 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 to Article 13, as a condition precedent to filing a lawsuit,either party shall request mediation of the dispute with the following requirements: 1. The request for mediation shall be in writing and shall request that the mediation commence not less than 30 calendar days or more than 90 calendar days following the date of the request, except upon agreement of the parties. 2. In the event Owner and Contractor are unable to agree to a date for the mediation or to the identity of the mediator within 30 calendar days following the date of the request for mediation, all conditions precedent shall be deemed to have occurred. 3. Owner and Contractor are to each pay one-half of the mediator's fees and costs.Venue for any mediation or lawsuit filed under this Contract shall be in Nueces County,Texas. Any agreement reached in mediation shall be enforceable as a settlement in any court having jurisdiction thereof. 4. Nothing in this Contract shall be construed as consent to a lawsuit. No provision of the Contract shall waive any immunity or defense. ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY 23.01 Policy A. It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women, low income persons and Minority/Disadvantaged Business Enterprises (M/DBE) to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives. In accordance with such policy,the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 23.02 Definitions A. Prime Contractor: Any person, firm, partnership, corporation, association, or joint venture as herein provided which has been awarded a City contract. B. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture herein identified as providing work, labor, services, supplies, equipment, materials, or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority/Disadvantaged Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) or socially and economically disadvantaged individual(s). Minority/Disadvantaged person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned: a. For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. b. For an enterprise doing business as a partnership, at least 51 percent of the assets or interest in the partnership property must be owned by one or more minority person(s). General Conditions 007200-102 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 C. For an enterprise doing business as a corporation, at least 51 percent of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled: a. The primary power, direct or indirect,to manage a business enterprise rests with a minority person(s). 3. Share in Payments: a. Minority partners, proprietors, or stockholders of the business enterprise must be entitled to receive 51 percent or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. D. Minority: Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this policy,women are also considered as minorities. E. Socially and economically disadvantaged individual: Any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who has been subjected to racial or ethnic prejudice or cultural bias within American society because of his or her identity as a member of a group and without regard to his or her individual qualities.The social disadvantage must stem from circumstances beyond the individual's control. F. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman,a partnership at least 51 percent of whose assets or partnership interests are owned by one or more women, or a corporation at least 51 percent of whose assets or interests in the corporate shares are owned by one or more women. G. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the Work to be performed by the joint venture. For example,a joint venture which is to perform 50 percent of the Work itself and in which a minority joint venture partner has a 50 percent interest, shall be deemed equivalent to having minority participation in 25 percent of the Work. Minority members of the joint venture must have financial, managerial, or technical skills in the Work to be performed by the joint venture. 23.03 Goals A. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction Work for the Contract award shall be 1. Minority participation goal is 45%. 2. Minority Business Enterprise participation goal is 15%. B. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved Change Orders. The hours of minority General Conditions 007200-103 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 23.04 Compliance A. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. B. Make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project,the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. ARTICLE 24—DOCUMENT MANAGEMENT 24.01 Work Included A. Submit documentation as required by the Contract Documents and as reasonably requested by the OPT. 24.02 Quality Assurance A. Submit legible, accurate, complete documents presented in a clear, easily understood manner. Documents not meeting these criteria will be returned without review. 24.03 Contractor's Responsibilities A. Review documents prior to submitting. Make certifications as required by the Contract Documents and as indicated on forms provided. B. Provide a Schedule of Documents to list the documents that are to be submitted, the dates on which documents are to be sent to the Designer for review, and proposed dates that documents must be returned to comply with the Project schedule. Use the form provided for this list. C. Incorporate the dates for processing documents into the Progress Schedule required by Article 27. 1. Provide documents in accordance with the schedule so construction of the Project is not delayed. 2. Allow a reasonable time for the review of documents when preparing the Progress Schedule. Assume a 14 day review cycle for each document unless a longer period of time is indicated in the Contract Documents or agreed to by Designer and Contractor. 3. Schedule submittal of documents to provide all information for interrelated Work at one time. 4. Allow adequate time for processing documents so construction of the Project is not delayed. General Conditions 007200-104 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 24.04 Document Submittal A. Submit documents through the Designer. Send all documents in digital format for processing. 1. Provide all information requested with a completed Document Transmittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. 2. The Document Transmittal form is to be the first page in the document submitted. 3. Submit all documents in Portable Document Format (PDF). a. Create PDF documents from native format files unless files are only available from scanned documents. b. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. c. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. d. Submit color PDF documents where color is required to interpret the document. e. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. f. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. g. Use software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. h. Add footers to each document with the Project name. 24.05 Document Numbering A. Assign a number to the documents originated to allow tracking of the documents during the review process. 1. Assign the number consisting of a prefix, a sequence number, and a letter suffix. Prefixes shall be as follows: Prefix Description Originator AP Application for Payment Contractor CO Change Order OAR CP Change Proposal Contractor CTR Certified Test Report Contractor FO Field Order OAR NBC Notification by Contractor Contractor PD Photographic Documentation Contractor General Conditions 007200-105 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Prefix Description Originator RCP Request for a Change Proposal OAR RD Record Data Contractor RFI Request for Information Contractor SD Shop Drawing Contractor SCH Schedule of Progress Contractor 2. Issue sequence numbers in chronological order for each type of document. 3. Issue numbers for resubmittals that have the same number as the original document followed by an alphabetical suffix indicating the number of times the same document has been sent to the Designer for processing. For example: SD 025 A represents Shop Drawing number 25 and the letter "A" designates that this is the second time this document has been sent for review. 4. Clearly note the document number on each page or sheet of the document. 5. Correct assignment of numbers is essential since different document types are processed in different ways. B. Include reference to the Drawing number and/or Specification Section, detail designation, schedule, or location that corresponds with the data on the document transmittal forms. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. 24.06 Document Requirements A. Furnish documents as indicated below or in individual Specification Sections. Submit documents per the procedures described in the Contract Documents. B. Submit documents per the Specification Section shown in the following table: Document Type Section Application for Payment Article 17 Change Proposal Article 12 Certified Test Report Article 25 for approval of product Article 21 to demonstrate compliance Notification by Contractor Article 20 Photographic Documentation Article 28 Progress Schedules Article 27 Record Data Article 26 Request for Information Article 20 Shop Drawing Article 25 Schedule of Values Article 17 Substitutions Article 12 General Conditions 007200-106 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Document Type Section Suppliers and Subcontractors Articles 20 and 26 ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general,to the design concepts of the Contract Documents. C. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Shop Drawings, Samples, or mockups. Contract modifications can only be approved by Change Order or Field Order. 25.02 Quality Assurance A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Shop Drawings not meeting these criteria will be rejected. B. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents or will be if deviations requested per Paragraph 25.10 are approved. C. Furnish and install products that fully comply with the information included in the document submittal. 25.03 Contractor's Responsibilities A. Provide Shop Drawings as required by Paragraph 25.03 of the Supplementary Conditions. B. Include Shop Drawings in the Schedule of Documents required by Article 24 to indicate the Shop Drawings to be submitted,the dates on which documents are to be sent to the Designer for review and proposed dates that the product will be incorporated into the Project. C. Incorporate the dates for processing Shop Drawings into the Progress Schedule required by Article 27. 1. Submit Shop Drawings in accordance with the schedule so construction of the Project is not delayed. 2. Allow a reasonable time for the review of Shop Drawings when preparing the Progress Schedule. Include time for making revisions to the Shop Drawings and resubmitting the Shop Drawing for a least a second review. Assume a 14-day review cycle for each time General Conditions 007200-107 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 a Shop Drawing is submitted for review unless a longer period of time is indicated in the Contract Documents. 3. Schedule document submittals to provide all information for interrelated Work at one time. 4. Allow adequate time for ordering, fabricating, delivering, and installing product so construction of the Project is not delayed. D. Complete the following before submitting a Shop Drawing or Sample: 1. Prepare Shop Drawing Review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials,catalog numbers, and similar information with respect to Shop Drawings and Samples; 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. E. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Shop Drawings; 2. Location of existing structures, utilities, and equipment related to the Shop Drawing have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Shop Drawings are complete for their intended purpose; and 5. Conflicts between the Shop Drawings related to the various Subcontractors and Suppliers have been resolved. F. Review Shop Drawings prior to submitting to the Designer. Certify that all Shop Drawings have been reviewed by the Contractor and are in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Shop Drawings except for deviations specifically brought to the Designer's attention on an attached Shop Drawing Deviation Request form in accordance with Paragraph 25.09. G. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the Contractor's risk. Defective products may be rejected at the Owner's option. H. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by the Designer. General Conditions 007200-108 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors,textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. B. Include a complete description of the product to be furnished, including: 1. Type, dimensions, size, arrangement, and operational characteristics of the product; 2. Weights,gauges,materials of construction,external connections,anchors,and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; 5. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. C. Submit Shop Drawings that require coordination with other Shop Drawings at the same time. Shop Drawings requiring coordination with other Shop Drawings will be rejected until a complete package is submitted. 25.05 Special Certifications and Reports A. Provide all required certifications with the Shop Drawings as specified in the individual Specification Sections: 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Shop Drawing. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Shop Drawing. 2. Certification of Local Field Service (CLS): A certified letter stating that field service is available from a factory or supplier approved service organization located within a 300 mile radius of the Site. List names, addresses, and telephone numbers of approved service organizations on or attach it to the certificate. 3. Certification of Adequacy of Design (CAD): A certified letter from the manufacturer of the equipment stating that they have designed the equipment to be structurally stable General Conditions 007200-109 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 and to withstand all imposed loads without deformation, failure, or adverse effects to the performance and operational requirements of the unit. The letter shall state that mechanical and electrical equipment is adequately sized to be fully operational for the conditions specified or normally encountered by the product's intended use. 25.06 Warranties and Guarantees A. Provide all required warranties, guarantees, and related documents with the Shop Drawing. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1-year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required by Specification Sections. C. Provide a copy of all warranties in a separate document in accordance with Article 29. 25.07 Shop Drawing Submittal Procedures A. Submit Shop Drawings through the Designer. Send all documents in digital format for processing. 1. Provide all information requested in the Shop Drawing submittal form. Do not leave any blanks incomplete. If information is not applicable,enter NA in the space provided. The Shop Drawing submittal form is to be the first document in the file submitted. 2. Submit all documents in Portable Document Format(PDF). a. Create PDF documents from native format files unless files are only available from scanned documents. b. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. c. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. d. Submit color PDF documents where color is required to interpret the Shop Drawing. Submit Samples and color charts per Paragraph 25.08.A. e. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. f. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. g. Use software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. h. Add footers to each document with the Project name. General Conditions 007200-110 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 3. Submit each specific product or class of material separately so these can be tracked and processed independently. Do not submit Shop Drawings for more than one product in the same Shop Drawing. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Shop Drawings. a. Use terms and symbols in Shop Drawings consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Shop Drawings. c. Provide a legend for symbols used on Shop Drawings. 6. Mark Shop Drawings to reference: a. Related Specification Sections, b. Drawing number and detail designation, C. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Use the following conventions to markup Shop Drawings for review: 1. Make comments and corrections in the color blue. Add explanatory comments to the markup. 2. Highlight items in black that are not being furnished when the Supplier's standard drawings or information sheets are provided so that only the products to be provided are in their original color. 3. Make comments in the color yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. 4. Make comments in the color orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Include explanatory comments in the Shop Drawing Deviation Request form. 5. Mark dimensions with the prefix FD to indicate field verified dimensions on the Shop Drawings. C. Submit a Change Proposal per Article 12 to request modifications to the Contract Documents, including those for approval of"or equal" products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. D. Designate a Shop Drawing as requiring priority treatment in the comment section of the Shop Drawing submittal form to place the review of the Shop Drawing ahead of other Shop Drawings previously delivered. Shop Drawings are typically reviewed in the order received, unless Contractor requests that a different priority be assigned. Priority Shop Drawings will General Conditions 007200-111 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 be reviewed before other Shop Drawings for this Project already received but not yet reviewed. Use of this priority designation for Shop Drawings may delay the review of Shop Drawings previously submitted, pushing the processing of Shop Drawings beyond the 14-day target. Contractor is responsible for delays resulting from the use of the priority designation status on Shop Drawings. E. Complete the certification required by Paragraph 25.03. 25.08 Sample and Mockup Submittal Procedures A. Submit color charts and Samples for every product requiring color, texture, or finish selection. 1. Submit color charts and Samples only after Shop Drawings for the products have been approved. 2. Deliver all color charts and Samples at one time. 3. Provide Samples of adequate size to clearly illustrate the functional characteristics of the product, with integrally related parts and attachment devices. 4. Indicate the full range of color, texture, and patterns. 5. Deliver color charts and Samples to the field office and store for the duration of the Project 6. Notify the Designer that color charts and Samples have been delivered for approval using the Notification by Contractor form. 7. Submit color charts and Samples not less than 30 days prior to when these products are to be ordered or released for fabrication to comply with the Project schedule. 8. Remove Samples that have been rejected. Submit new Samples following the same process as for the initial Sample until Samples are approved. 9. Dispose of Samples when related Work has been completed and approved and disposal is approved by the Designer. At Owner's option, Samples will become the property of the Owner. B. Construct mockups for comparison with the Work being performed. 1. Construct mockups from the actual products to be used in construction per detailed Specification Sections. 2. Construct mockups of the size and in the area indicated in the Contract Documents. 3. Construct mockups complete with texture and finish to represent the finished product. 4. Notify the Designer that mockups have been constructed and are ready for approval using the Notification by Contractor form. Allow 2 weeks for OPT to approve of the mockup before beginning the Work represented by the mockup. 5. Remove mockups that have been rejected. Construct new mockups following the same process as for the initial mockup until mockup is approved. 6. Protect mockups until Work has been completed and accepted by the OPT. General Conditions 007200-112 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 7. Dispose of mockups when related Work has been completed and disposal is approved by the Designer. 25.09 Equal Non Specified Products A. Contractor may submit other manufacturers' products that are in full compliance with the Specification where Specifications list one or more manufacturers followed by the phase "or equal" or"or approved equal." 1. Submit a Shop Drawing as required by this article to document that the proposed product is equal or superior to the specified product. 2. Prove that the product is equal. It is not the OPT's responsibility to prove the product is not equal. a. Indicate on a point by point basis for each specified feature that the product is equal to the Contract Document requirements. b. Make a direct comparison with the specified manufacturer's published data sheets and available information. Provide this printed material with the Shop Drawing. c. The decision of the Designer regarding the acceptability of the proposed product is final. 3. Provide a typewritten certification that, in furnishing the proposed product as an equal, the Contractor: a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified. b. Has determined that the product will perform in the same manner and result in the same process as the specified product. c. Will provide the same warranties and/or bonds as for the product specified. d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional Work which may be necessary to incorporate the product into the Project which may subsequently become apparent. e. Will maintain the same time schedule as for the specified product. 25.10 Requests for Deviation A. Submit requests for deviation from the Contract Documents for any product that does not fully comply with the Contract Documents. B. Submit requests for deviation using the Shop Drawing Deviation Request form provided. Identify each deviation request as a separate item. Include all requested deviations that must be approved as a group together and identify them as a single item. C. Include a description of why the deviation is required and the impact on Contract Price or Contract Times. Include the amount of any cost savings to the Owner for deviations that result in a reduction in cost. D. Submit as a Change Proposal prior to submitting the Shop Drawing if the deviation will result in a change in Contract Price or Contract Times. General Conditions 007200-113 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 E. A Modification must be issued by the Designer for approval of a deviation. Approval of a requested Shop Drawing deviation by the Designer on the Shop Drawings Deviation Request form indicates approval of the requested deviation only on its technical merits as generally conforming to the Contract Documents. Deviations from the Contract Documents can only be approved by a Modification. 25.11 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences,or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. General Conditions 007200-114 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. General Conditions 007200-115 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.11 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. 25.12 Resubmission Requirements A. Make all corrections or changes in the documents required by the Designer and resubmit to the Designer until approved. 1. Revise initial drawings or data and resubmit as specified for the original document. 2. Highlight or cloud in green those revisions which have been made in response to the previous reviews by the Designer. This will include changes previously highlighted or clouded in yellow to direct attention to Designer to items requiring selections or decisions by the Designer or highlighted or clouded in orange for a requested deviation from the Contract Documents. 3. Highlight and cloud new items in yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. 4. Highlight and cloud new items in orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Numbering for these new items is to start with the next number following the last Shop Drawing deviation requested. Include explanatory comments in the Shop Drawing Deviation Request form. B. Pay for excessive review of Shop Drawings. 1. Excessive review of Shop Drawings is defined as any review required after the original review has been made and the first resubmittal has been checked to see that corrections have been made. 2. Review of Shop Drawings or Samples will be an additional service requiring payment by the Contractor if the Contractor submits a substitution for a product for which a Shop Drawing or Sample has previously been approved, unless the need for such change is beyond the control of Contractor. 3. Cost for additional review time will be billed to the Owner by the Designer for the actual hours required for the review of Shop Drawings by Designer and in accordance with the rates listed in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. 4. A Set-off will be included in each Application for Payment to pay costs for the additional review to the Owner on a monthly basis. The Set-off will be based on invoices submitted to Owner for these services. General Conditions 007200-116 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 5. Need for more than one resubmission or any other delay of obtaining Designer's review of Shop Drawings will not entitle the Contractor to an adjustment in Contract Price or an extension of Contract Times. ARTICLE 26—RECORD DATA 26.01 Work Included A. Submit Record Data as required by the Contract Documents and as reasonably requested by the OPT. Provide Record Data for all products unless a Shop Drawing is required for the same item. B. Submit Record Data to provide documents that allow the Owner to: 1. Record the products incorporated into the Project for the Owner; 2. Review detailed information about the products regarding their fabrication,installation, commissioning, and testing; and 3. Provide replacement or repair of the products at some future date. C. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the receipt or cursory review of Record Data. Contract modifications can only be approved by Change Order or Field Order. D. Provide various reports or other documents that Contract Documents require for record purposes. 26.02 Quality Assurance A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Record Data not meeting these criteria will be rejected. 26.03 Contractor's Responsibilities A. Submit Record Data in accordance with SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. Include Record Data in the Schedule of Documents required by Article 24 to indicate the Record Data to be submitted,the dates on which documents are to be sent to the Designer for review, and proposed dates that the product will be incorporated into the Project. C. Complete the following before submitting Record Data: 1. Prepare Record Data and coordinate with Shop Drawings or Samples, other Record Data, and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information; 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. General Conditions 007200-117 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 D. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Record Data; 2. Location of existing structures, utilities, and equipment related to the Record Data have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Record Data are complete for their intended purpose; and 5. Conflicts between the Record Data related to the various Subcontractors and Suppliers have been resolved. E. Review Record Data prior to submitting to the Designer. Certify that all Record Data has been reviewed by the Contractor and is in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Record Data. 26.04 Record Data Requirements A. Include a complete description of the material or equipment to be furnished, including: 1. Type,dimensions,size,arrangement,model number,and operational parameters of the components; 2. Weights,gauges,materials of construction,external connections,anchors,and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; 5. Mix designs for concrete, asphalt or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. 26.05 Special Certifications and Reports A. Provide all required certifications with the Record Data as specified in the individual Specification Sections: 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Record Data. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Record Data. General Conditions 007200-118 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 26.06 Warranties and Guarantees A. Provide all required warranties, guarantees, and related documents with the Record Data. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1 year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required. C. Provide a copy of all warranties in a separate document in accordance with Article 29. 26.07 Record Data Submittal Procedures A. Submit Record Data through the Designer. Send all documents in digital format for processing. 1. Provide all information requested in the Record Data submittal form. Do not leave any blanks incomplete. If information is not applicable,enter NA in the space provided. The Record Data submittal form is to be the first document in the file. 2. Submit all documents in Portable Document Format (PDF). a. Create PDF documents from native format files unless files are only available from scanned documents. b. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. c. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. d. Submit color PDF documents where color is required to interpret the Record Data. e. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. f. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. g. Use software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. h. Add footers to each document with the Project name. 3. Submit each specific product, class of material, or product separately so these can be tracked and processed independently. Do not submit Record Data for more than one system in the same Record Data. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Record Data. General Conditions 007200-119 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 a. Use terms and symbols in Record Data consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Record Data. C. Provide a legend for symbols used on Record Data. 6. Mark Record Data to reference: a. Related Specification Sections, b. Drawing number and detail designation, c. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Submit a Change Proposal per Article 12 to request modifications to the Contract Documents, including those for approval of"or equal" products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. Deviations from the Contract Documents can only be approved by a Modification. C. Complete the certification required by Paragraph 26.03. 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. General Conditions 007200-120 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required, and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel -Not Required." No further action is required,and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE 27.01 Requirements A. Prepare and submit a Progress Schedule for the Work and update the schedule on a monthly basis for the duration of the Project. B. Provide schedule in adequate detail to allow Owner to monitor progress and to relate document processing to sequential activities of the Work. C. Incorporate and specifically designate the dates of anticipated submission of documents and the dates when documents must be returned to the Contractor into the schedule. D. Assume complete responsibility for maintaining the progress of the Work per the schedule submitted. E. Schedule Work based upon a six day work week. 27.02 Document Submittal A. Submit Progress Schedules in accordance with Article 24. B. Submit a preliminary schedule within 10 days after the Notice of Award. The schedule is to be available at the pre-construction conference. C. Submit a detailed schedule at least 10 days prior to the first payment request. D. Submit Progress Schedule updates monthly with Applications for Payment to indicate the progress made on the Project to that date. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment. 27.03 Schedule Requirements A. Schedule is to be in adequate detail to: 1. Assure adequate planning, scheduling, and reporting during the execution of the Work; 2. Assure the coordination of the Work of the Contractor and the various Subcontractors and Suppliers; 3. Assist in monitoring the progress of the Work; and General Conditions 007200-121 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 4. Assist in evaluating proposed changes to the Contract Times and Project schedule. B. Provide personnel with 5 years' minimum experience in scheduling construction work comparable to this Project. Prepare the schedule using acceptable scheduling software. C. Provide the schedule in the form of a computer generated critical path schedule which includes Work to be performed on the Project. It is intended that the schedule accomplish the following: 1. Give early warning of delays in time for correction. 2. Provide detailed plans for the execution of the Work in the form of future activities and events in sequential relationships. 3. Establish relationships of significant planned Work activities and provide a logical sequence for planned Work activities. 4. Provide continuous current status information. 5. Allow analysis of the Contractor's program for the completion of the Project. 6. Permit schedules to be revised when the existing schedule is not achievable. 7. Log the progress of the Work as it actually occurs. D. Prepare a time scaled CPM arrow or precedence diagram to indicate each activity and its start and stop dates. 1. Develop Milestone dates and Project completion dates to conform to time constraints, sequencing requirements and Contract completion date. 2. Use calendar day durations while accounting for holidays and weather conditions in the projection of the duration of each activity. 3. Clearly indicate the critical path for Work to complete the Project. E. Provide a time scaled horizontal bar chart which indicates graphically the Work scheduled at any time during the Project. The chart is to indicate: 1. Complete sequence of construction by activity; 2. Identification of the activity by structure, location, and type of Work; 3. Chronological order of the start of each item of Work; 4. The activity start and stop dates; 5. The activity duration; 6. Successor and predecessor relationships for each activity; 7. A clearly indicated single critical path; and 8. Projected percentage of completion, based on dollar value of the Work included in each activity as of the first day of each month. F. Provide a schedule incorporating the Schedule of Documents provided in accordance with Article 24 indicating: 1. Specific date each document is to be delivered to the Designer. 2. Specific date each document must be received in order to meet the proposed schedule. General Conditions 007200-122 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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.OS Float Time A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule. B. Float time is not for the exclusive use or benefit of either the Contractor or Owner. C. Where several subsystems each have a critical path, the subsystem with the longest time of completion is the critical path and float time is to be assigned to other subsystems. D. Contract Times cannot be changed by the submission of a schedule. Contract Times can only be modified by a Change Order or Contract Amendment. General Conditions 007200-123 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 E. Schedule completion date must be the same as the Contract completion date. Time between the end of construction and the Contract completion date is float time. ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION 28.01 Work Included A. Provide a video recording of the Site prior to the beginning of construction. 1. Record the condition of all existing facilities in or abutting the construction area (right- of-way)including but not limited to streets,curb and gutter, utilities,driveways,fencing, landscaping, etc. 2. Record after construction staking is complete but prior to any clearing. 3. Provide one copy of the recording, dated and labeled to the OAR before the start of construction. Provide additional recording as directed by the OAR if the recording provided is not considered suitable for the purpose of recording pre-existing conditions. B. Furnish an adequate number of photographs of the Site to clearly depict the completed Project. 1. Provide a minimum of ten different views. 2. Photograph a panoramic view of the entire Site. 3. Photograph all significant areas of completed construction. 4. Completion photographs are not to be taken until all construction trailers, excess materials, trash, and debris have been removed. 5. Employ a professional photographer approved by the OAR to photograph the Project. 6. Provide one aerial photograph of the Site from an angle and height to include the entire Site while providing adequate detail. C. All photographs, video recordings, and a digital copy of this media are to become the property of the Owner. Photographs or recordings may not be used for publication,or public or private display without the written consent of the Owner. 28.02 Quality Assurance A. Provide clear photographs and recordings taken with proper exposure. View photographs and recordings in the field and take new photographs or recordings immediately if photos of an adequate print quality cannot be produced or video quality is not adequate. Provide photographs with adequate quality and resolution to permit enlargements. 28.03 Document Submittal A. Submit photographic documentation as Record Data in accordance with Article 24. B. Submit two DVDs of the video recording as Record Data in accordance with Article 24. General Conditions 007200-124 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 28.04 Photographs A. Provide photographs in digital format with a minimum resolution of 1280 x 960, accomplished without a digital zoom. B. Take photographs at locations acceptable to the OAR. C. Provide two color prints of each photograph and a digital copy on a DVD of each photograph taken. D. Identify each print on back with: 1. Project name. 2. Date,time, location, and orientation of the exposure. 3. Description of the subject of photograph. E. Submit photographs in clear plastic sheets designed for photographs. Place only one photograph in each sheet to allow the description on the back to be read without removing the photograph. F. Final photographs are to include two 8-by-10-inch glossy color prints for each of ten photographs selected by the OAR. These photographs are in addition to normal prints. 28.05 Video Recording A. Provide digital format on DVD that can be played with Windows Media Player in common format in full screen mode. B. Identify Project on video by audio or visual means. C. Video file size should not exceed 400 MB. D. Video resolution shall be 1080p. E. The quality of the video must be sufficient to determine the existing conditions of the construction area. Camera panning must be performed while at rest, do not pan the camera while walking or driving. Camera pans should be performed at intervals sufficient to clearly view the entire construction area. F. DVD shall be labeled with construction stationing and stationing should be called out, voice recorded, in the video. G. The entire construction area recording shall be submitted at once. Sections submitted separately will not be accepted. H. Pipeline projects should be recorded linearly from beginning to end. ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the OAR that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. General Conditions 007200-125 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 B. OPT will visit the Site to observe the Work within 30 days after notification is received to determine the status of the Project. C. OAR will notify the Contractor, within 120 days after notification, that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. OAR will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the OAR when the items of Work in the OAR's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. OAR will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the OAR of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. 29.02 Final Inspections A. Notify the OAR when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within 30 days after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has been corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. OAR will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.04 if notified that the Project is complete, and the Work is acceptable. 29.03 Reinspection Fees A. Owner may impose a Set-off against the Application for Payment in accordance with the General Conditions to compensate the OPT for additional visits to the Project if additional Work is required. General Conditions 007200-126 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 29.04 Closeout Documents Submittal A. Record Documents per Article 20. B. Warranties and bonds. C. Equipment installation reports on equipment. D. Shop Drawings, Record Data, and other documents as required by the Contract Documents. E. Evidence of continuing insurance and bond coverage as required by the Contract Documents. F. Final Photographs per Article 28. 29.05 Transfer of Utilities A. If applicable to the Project,transfer utilities to the Owner when the Certificate of Substantial Completion has been issued and the Work has been occupied by the Owner. B. Submit final meter readings for utilities and similar data as of the date the Owner occupied the Work. 29.06 Warranties, Bonds and Service Agreements A. Provide warranties, bonds, and service agreements required by the Contract Documents. B. The date for the start of warranties, bonds, and service agreements is established per the Contract Documents. C. Compile warranties, bonds, and service agreements and review these documents for compliance with the Contract Documents. 1. Provide a log of all equipment covered under the 1-year correction period specified in the Contract Documents and all products for which special or extended warranties or guarantees are provided. Index the log by Specification Section number on forms provided. Include items 2.e through 2.g below in the tabulation. 2. Provide a copy of specific warranties or guarantees under a tab indexed to the log. Each document is to include: a. A description of the product or Work item; b. The firm name with the name of the principal, address, and telephone number; c. Signature of the respective Supplier or Subcontractor to acknowledge existence of the warranty obligation for extended warranties and service agreements; d. Scope of warranty, bond, or service agreement; e. Indicate the start date for the correction period specified in the Contract Documents for each product and the date on which the specified correction period expires. f. Indicate the start date for extended warranties for each product and the date on which the specified extended warranties period expires. g. Start date, warranty or guarantee period, and expiration date for each warranty, bond, and service agreement; General Conditions 007200-127 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 h. Procedures to be followed in the event of a failure; and i. Specific instances that might invalidate the warranty or bond. D. Submit digital copies of the documents to the Designer for review. E. Submit warranties, bonds, and service agreements within 10 days after equipment or components are placed in service. ARTICLE 30—MISCELLANEOUS 30.01 Computation of Times A. Exclude the first day and include the last day when determining dates for a period of time referred to in the Contract Documents by days. The last day of this period is to be omitted from the determination if it falls on a Sunday or a legal holiday. B. All references and conditions for a Calendar Day Contract in the Contract Documents apply for a Fixed Date Contract. A Fixed Date Contract is one in which the calendar dates for reaching Substantial Completion and/or final completion are specified in lieu of identifying the number of days involved. 30.02 Owner's Right to Audit Contractor's Records A. By execution of the Contract, Contractor grants Owner the right to audit, examine, inspect and/or copy, at Owner's election at all reasonable times during the term of this Contract and for a period of four (4) years following the completion or termination of the Work, all of Contractor's written and electronically stored records and billings relating to the performance of the Work under the Contract Documents. The audit, examination or inspection may be performed by an Owner designee,which may include its internal auditors or an outside representative engaged by Owner. Contractor agrees to retain its records for a minimum of four(4)years following termination of the Contract, unless there is an ongoing dispute under the Contract,then, such retention period must extend until final resolution of the dispute. As used in these General Conditions, "Contractor written and electronically stored records" include any and all information, materials and data of every kind and character generated as a result of the work under this Contract. Examples of Contractor written and electronically stored records include, but are not limited to:accounting data and reports, billings, books, general ledgers, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, Subcontractor agreements, Supplier agreements, rental equipment proposals, federal and state tax filings for any issue in question, along with any and all other agreements, sources of information and matters that may, in Owner's sole judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract Documents. B. Owner agrees to exercise the right to audit, examine or inspect Contractor's records only during regular business hours. Contractor agrees to allow Owner and/or Owner's designee access to all of the Contractor's Records, Contractor's facilities, and current or former employees of Contractor, deemed necessary by Owner or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and General Conditions 007200-128 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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. B. Contractor waives claims for consequential damages, incidental or special damages arising out of or relating to this Contract, whether the damages are claimed in contract, tort or on any other basis. 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. General Conditions 007200-129 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 30.08 Survival of Obligations A. Representations, indemnifications, warranties, guarantees and continuing obligations required by the Contract Documents survive completion and acceptance of the Work or termination of the Contract. 30.09 No Third Party Beneficiaries A. Nothing in this Contract can be construed to create rights in any entity other than the Owner and Contractor. Neither the Owner nor Contractor intends to create third party beneficiaries by entering into this Contract. 30.10 Assignment of Contract A. This Contract may not be assigned in whole or in part by the Contractor without the prior written consent of the Owner. 30.11 No Waiver of Sovereign Immunity A. The Owner has not waived its sovereign immunity by entering into and performing its obligations under this Contract. B. This Contract is to perform a governmental function solely for the public benefit. 30.12 Controlling Law A. This Contract is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County,Texas. 30.13 Conditions Precedent to Right to Sue A. Notwithstanding anything herein to the contrary,Contractor will have at least 90 days to give notice of a claim for damages as a condition precedent to the right to sue on the Contract, subject to the contractual Claims and Alternative Dispute Resolution processes set forth herein. 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. General Conditions 007200-130 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 30.16 Compliance with Laws A. Comply with the Americans with Disabilities Act of 1990 as amended (ADA) and Texas Architectural Barriers Act and all regulations relating to either statute. B. No qualified person shall on the basis of race, color, religion, national origin, gender, age or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity which receives or benefits from federal financial assistance. C. Comply with all applicable federal, state and city laws, rules and regulations. D. Each applicable provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein,and the Contract shall be read and enforced as though each were physically included herein. 30.17 Enforcement A. The City Manager or designee and the City Attorney or designee are fully authorized and will have the right to enforce all legal rights and obligations under the Contract without further authorization from City Council. 30.18 Subject to Appropriation A. Funds are appropriated by the Owner on a yearly basis. If for any reason, funds are not appropriated in any given year,the Owner may direct immediate suspension or termination of the Contract with no additional liability to the Owner. If the Contractor is terminated or suspended and the Owner requests remobilization at a later date, the Contractor may request payment for reasonable demobilization/remobilization costs. Such costs shall be addressed through a Change Order to the Contract. Under no circumstances may a provision or obligation under this Contract be interpreted as contrary to this paragraph. 30.19 Contract Sum A. The Contract Sum is stated in the Contract and, including authorized adjustments,is the total maximum not-to-exceed amount payable by Owner to Contractor for performance of the Work under the Contract Documents. Contractor accepts and agrees that all payments pursuant to this Contract are subject to the availability and appropriation of funds by the 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. General Conditions 007200-131 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 30.22 Public Information A. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract, and Contractor agrees that the contract can be terminated if Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. END OF SECTION General Conditions 007200-132 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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: Brett Van Hazel Assistant Director of Construction Services City of Corpus Christi 4917 Holly Road, Bldg, 5 Corpus Christi,Texas 78411 brettvh@cctexas.com Yesenia Singleton, PE Project Manager LJA Engineering, Inc. 5350 S. Staples, Suite 425 Corpus Christi,Texas 78411 ysingleton@lja.com 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: Supplementary Conditions 007300- 1 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 4/2022 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 24 rain days have been set for this Project. An extension of time due to rain days will be considered only after 24 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 "5.03 Subsurface and Physical Conditions A. "No reports of exploratory excavations at this project site are known to Owner." Subsurface Investigation, Laboratory Testing, and Geotechnical Evaluation was performed by Rock Engineering & Testing Laboratory, Inc. on April 6, 2022. Geotechnical Investigation and Recommendations for the Proposed Salinas Park can be found in Appendix 1. SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE "5.06 Hazardous Environmental Conditions at Site A. 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 $1,000,000 Per Occurrence 2. Premises—Completed Operations $2,000,000 Aggregate Supplementary Conditions 007300-2 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 4/2022 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability - Owned, Non-Owned, Rented and $1,000,000 Combined Single Limit Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability Required if Contract Price>$5,000,000 $1,000,000 Per Occurrence Contractor's Pollution Liability / Environmental Impairment $1,000,000 Per Claim Coverage Not limited to sudden and accidental discharge. To include long- X Required ❑ Not Required 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 A. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of person or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. Regular working hours are between sunup to sundown unless other times are specifically authorized in writing by OAR. SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor goal is to perform at least 30 percent of the Work, measured as a percentage of the Contract Price, using its own employees." ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS SC-14.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: B. The minimum rates for various labor classifications as established by the Owner are shown below: Supplementary Conditions 007300-3 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 4/2022 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Wage Determination Construction ( Project Type (WD) No Type TX21 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) "General Decision Number: TX20220021 02/25/2022 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). 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 contract 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 the 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 $11.25 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary forperformance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and workerprotections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 02/25/2022 * SUTX1987-001 12/01/1987 Rates Fringes CARPENTER (Excluding Form Setting)....................................................$ 9.05 ** Concrete Finisher.................................$ 7.56 ** ELECTRICIAN. ............................................$ 13.37 ** Laborers: Common. ............................................$ 7.25 ** Utility. ..........................................$ 7.68 ** Supplementary Conditions 007300-4 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 4/2022 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Power equipment operators: Backhoe. . . . . . . . . . . . . . . . . . . . .$ 9.21 ** Motor Grader. . . . . . . . . . . . . . . .$ 8.72 ** ----- ---------------------------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performingoperation to which welding is incidental. ---------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- ** Workers in this classification may be entitled to a higherminimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leavefor Federal Contractors applies to all contracts subject to theDavis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If thiscontract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has otherhealth-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who islike family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional informationon contractor requirements and worker protections under the EOis available at https://www.dol.gov/agencies/whd/government- contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses(29CFR 5.5 (a) (1) (ii)). --------------------------------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local),a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four-letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier ofthe union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of themost 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) governingthis classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate thatno one rate prevailed for this classification in the survey andthe 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. Supplementary Conditions 007300-5 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 4/2022 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SU indicatesthe 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, 007in 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 anew 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 inthe 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 ofeach year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate isbased. ---------------------------------------------------------------------------------------- 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 ona wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requestsfor summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility forthe Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process describedin 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formalprocess described here, initial contact should be with theBranch of Construction Wage Determinations. Write to: Branch of Construction Wage DeterminationsWage 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 theinterested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. Supplementary Conditions 007300-6 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 4/2022 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 3.) If the decision of the Administrator is not favorable, aninterested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- END OF GENERAL DECISION" ARTICLE 19—PROJECT MANAGEMENT AND COORDINATION SC-19.21 COOPERATION WITH PUBLIC AGENCIES C. For the Contractor's convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 LJA Engineering, Inc. 361-991.8550 Yesenia Singleton, PE 361-360-2155 Traffic Engineering 361-826-3547 Police Department 361-882-2600 Water/Wastewater/Stormwater 361-826-1800(361-826-1818 after 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) Centu ryLi n k 361-208-0730 Windstream 1-800-600-5050 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 ARTICLE 23—MINORITY/MBD/DBE PARTICIPATION POLICY SC-23.03 Goals A. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction Work for the Contract award shall be Supplementary Conditions 007300-7 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 4/2022 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 1. Minority participation goal for this Project has been established to be 10%. 2. Minority Business Enterprise participation goal for this Project has been established to be 10%. 3. Disadvantaged Business Enterprise participation goal for this Project has been established to be 10%. 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 Items listed in Section 0133 01 Submittal Register SC-25.12 RESUBMISSION REQUIREMENTS (Not Applicable) 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 Items listed in Section 0133 01 Submittal register END OF SECTION Supplementary Conditions 007300-8 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 4/2022 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 00 74 00 SPECIAL CONDITIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ARTICLE 1—GENERAL 1.01 FUNDING AGENCY REQUIREMENTS A. This Project is funded in whole or in part by Community Development Block Grant Program (Funding Agency). The Funding Agency requires specific conditions and reporting as a condition for providing this funding. The conditions and reporting forms of the Funding Agency are included in the Contract Documents. The Funding Agency requirements govern in the event of any conflict between the Funding Agency requirements and any other provision of the Contract Documents. B. The applicable Funding Agency conditions and reporting forms are as follows: Specification Title Funding Agency Section Document No. 00 74 01 Federal Requirements for Construction Contracts CDBG END OF SECTION Special Conditions for CDBG 007400- 1 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 10/2018 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 �u r�r r i Neighborhood Services Department Federal Requirements for Construction Contracts CDBG Community Development Block Grant U.S. Department of Housing and Urban Development OF/14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871 BFDF7138 Neighborhood Services Department (NSD) Community Development Block Grant Federal Requirements TABLE OF CONTENTS I INTRODUCTION 11 Federal Requirements FEDERAL REQUIREMENTS III General Provision • GENERAL PROVISIONS FOR THE CONTRACT IV Labor Statutes and Rules • Federal Labor Standard Provisions—HUD 4010 V Project Requirements before Start Construction • Construction Sign and Site Postings • Contractor's Final Payment Requirements ATTACHMENT A- EXHIBITS- Special Instructions • 1.-Davis Bacon Wage Determinations(DOL Wages)(To be used in this project) • 2.-Insurance and Bonding Requirements(To be used in this project) • 3.- City of Corpus Christi Disclosure of Interest(To be Submitted with Bid) • 4.- Certificate Regarding Lobbying(To be Submitted with Bid) • 5.-Debarment and Suspension Certification(To be Submitted with Bid) • 6.- Work Order Certification(To obtain Notice to Proceed) Reports/Forms • 7.-Certified Weekly Payrolls and Davis Bacon Poster • 8,Affirmative Action Plan W/MBE • 9.-Section 3—Compliance Reporting(To be submitted with payment request) • 10.-HUD Form 2516—Annual Contracts Report(To be submitted with payment request) • 11:Affidavit and Waiver of Lien by Contractor-Form DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Neighborhood Services Department (NSD) Federal Requirements for CDBG Construction Contracts Community Development Block Grant (CDBG) INTRODUCTION This project is assisted thru the City of Corpus Christi with U.S. Department of Housing and Urban Development (HUD) Community Development Block Grants (CDBG) Funds. Prime Contractor and Subcontractors shall abide to City of Corpus Christi Neighborhood Services Department(NSD)Requirements, and HUD Federal Requirements for Construction Contracts receiving CDBG assistance.Other State and Local and Federal Requirements may apply. THIS SECTION ENTITLED "FEDERAL REQUIREMENTS FOR CDBG CONSTRUCTION CONTRACTS" SHALL BE INCLUDED IN ALL SOLICITATION FOR BIDS; IN THE CONSTRUCTION CONTRACT DOCUMENTS; AND WILL FORM PART OF THE CONSTRUCTION CONTRACT REQUIREMENTS FOR THIS PROJECT,AND ITS COMPLIANCE IS ENFOCEABLE. The Bidder shall submit with his/her Bid a City of Corpus Christi Disclosure of Interest Form signed by the Prime Contractor, and the Certification Regarding Lobbying (Forms are included in the end of this Section as EXHIBITS), Conflict of Interest with the City or with the Certification Regarding Lobbying will automatically disqualify the bidder. After the bids are opened, and before contract is executed,the selected Bidder shall submit a list of proposed subcontractors to the City, Neighborhood Services Department (NSD). Selected Bidder, (Prime Contractor) and his/her proposed Subcontractor shall not be included in the General Services Administration List of Parties Excluded from Federal Procurement Programs, according to E.O. 12549 and 12689 "Debarment and Suspension.". by System of Award Management(SAM) (federal web site). Selected Bidder shall provide the required certification regarding its exclusion status and that of its principal employees to Housing and Community Development Department before contract is executed. No contract shall be made to parties listed in the GSA debarred or suspended list. Written clearance approval by City is required. The City of Corpus Christi Risk Management Department will approve the selected Bidder and his/her Subcontractor's Insurance Certifications: General and Auto Liability Insurance and Workers Compensation; Bid Bonds, Performance and Payment Bonds No contract shall be made to bidder without the City of Corpus Risk Management approval. Written approval by City is required. DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SECTION 11 CDBG FEDERAL REQUIREMENTS DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Neighborhood Services Department(NSD) Community Development Block Grants U.S.Department of Housing and Urban Development FEDERAL REQUIREMENTS FOR CONSTRUCTION CONTRACTS Contractor and Subcontractors shall comply withfollowing a r I Requirements 1. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)—When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient/agency shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD. Construction contracts in excess of $2,000 awarded by subgrantees required by CDBG or HOME Federal grant program legislation, shall comply with the prevailing Federal Wage Rates applicable to this particular project. and shall be displayed for employee view in a visible location at the job site. 2. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333)—Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (Apply to Construction contracts awarded by subgrantees in excess of$2000, and in excess of$2500 for other contracts which involve the employment of mechanics or laborers) DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 3. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c)—All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback"Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD. All contracts and subgrants in excess of $2000 4. Equal Employment Opportunity—All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Sets forth the anti-discrimination policy Parts II & III are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Shall be posted by the contractor in an accessible and visible location at the job site on a notice board. (Apply to all construction contracts awarded in excess of$10,000 by contractors or subgrantees*) 5. Section 3 - Economic Opportunities for Low and Very-Low Income Persons: Training, employment and contracting opportunities shall be made available, to the greatest extent feasible, to low and very-low-income area Section Workers, Targeted Workers, and Section 3 businesses concerns. All Section 3 covered contracts shall include this clause. Apply to $200.000 construction contracts. 6. Affirmative Action Regulations and Plan -An Affirmative Action Plan must be submitted by the prime contractor and all sub-contractors who have sub-contracts of$10,000.00 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view. Must include percentage of AAP goals. 7. Women and Minority-Owned Businesses (W/MBE) - Contractor will do the best efforts to afford small business (Section 3(a) of the small business Act), minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this project. 8. Accessibility Section 504 Compliance - CDBG regulations require adherence to the following regulations: Americans with Disabilities Act (ADA) removal of architectural and communication barriers . Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of handicap. 9.Texas Architectural Barriers Act: Article 9102, Texas Civil Statutes. Enforced by the State of Texas Access Board requires that federally funded buildings and facilities be accessible to people with disabilities. A State compliance certificate will be required at completion of project construction for contracts $50,000 and above; the contractor shall strictly adhere to the construction approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations (TDLR.) DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 10. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to parties listed on System for Award Management SAM ,General Services Administration's List of Parties Excluded from Federal Procurement or Non-procurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension," as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 11. Drug-Free Workplace Requirements—The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. 12. Rights to Inventions Made Under a Contract or Agreement—Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by HUD. 13. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of$100,000 or more shall file the required certification. 14. Clean Air Act and Clean Water Act: Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq .) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq .). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA). 15 Energy Policy and Conservation - Adherence to State Energy Conservation Plan . The successful bidder shall recognize and adhere to mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 16. N/A Lead Base Paint Notice: For Rehabilitation Projects Only- Lead-Based Poisoning and Prevention Act ; Lead based paint is not allowed on Federal funded projects. Contractor shall comply with LEAD SAFE HOUSING RULE (LSHR)HUD 24 CFR Part 35, (www.hud.gov) and EPA's Renovation Repair and Painting Rule (RRPR) Certified Firms and Certified Renovators Additional Requirements to HUDS LSHR Rule (see a copy on www.epa.gov/lead/pubs/renovation ) For more information contact the National Lead Information Center at 1-800-424 LEAD (5323) Excluded for Houses built after 1978 . 17. Access to Records & Record Retention. All contracts awarded by recipients shall include a provision to the effect that the recipient, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 audits, examinations, excerpts and transcriptions. All project documentation is required to be kept on records for three years after grantees make final payments and all other pending matters are closed. DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 i Housing and Community Development Department Community Development Block Grants U.S. Department of Housing and Urban Development Federal Requirements Certification In accordance with the applicable statutes and regulations governing the Federal requirements and contract provisions for construction contracts for the U.S.Department of Housing and Urban Development Community Development Block Grant(CDBG)the primary contractor certifies here that he/she shall: Comply with all applicable federal regulations and contract provisions for CDBG construction Contracts contained in the project manual, Insert appropriate provisions in all subcontractors covering work under this contract to ensure compliance by subcontractors. Agrees to comply with all other applicable federal, State,and local laws,regulations rules and policies governing the funds provided for this project. To not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246 and that he/she is not debarred from Government contracts. Signature/Authorized Official: Date: Title: Company: DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SECTION III General Provisions for Contractors and Subcontractors DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 City of Corpus Christi Housing and Community Development General r v s for Contractor and Subcomntractors TIMELINESS: Timely expenditures of CDBG funds is essential. Eligible selected bidder and his/her subcontractors shall have General Liability Insurances and Workers Compensation coverage readily available by the Pre-construction meeting date and are ready to start construction within ten (10) days of issued Notice to Proceed. Eligible selected Contractor and his/her Subcontractors are expected to promptly start construction, continue and finish construction activities in a steady and timely manner according with the approved Final Construction Schedule to be submitted by Contractor minimum of ten (10) days before start construction_ COMPLIANCE WITH CITY OF CORPUS CHRISTI, NSD & CDBG REQUIREMENTS. Contractor and Subcontractors shall comply with the requirements set forth under the CDBG requirements. The elected Contractor and his/her subcontractors also agree to comply with all applicable Federal, State and Local laws, rules and regulations, and policies governing the funds provided for this project. This project also requires compliance with City of Corpus Christi, Housing and Community Development (HCD) requirements not limited to insurance values, payment requests, project administration and project closing requirements and reporting. WEEKLY PAYROLLS -Certified Weekly Payroll and Certification Form WH-347: Originals certified payrolls shall be submitted weekly for prime contractor and all sub-contractors who have started working on the construction project. The first time a worker is shown on the payroll, his full name, address, social security number last four digits, and his work class must be entered. Notarized Authorization for Signature of Payrolls must be submitted by Prime Contractor and his/her subcontractors with the first payroll. Payroll deduction authorization must be submitted for each employee for the first time they work on the project. Originals signed weekly payroll certificates shall be sequentially numbered, including "No Work" weeks, and be submitted to the Agency , copy to City of Corpus Christi, Housing and Community Development (HCD) Department on weekly basis, on the following Monday after completion of the working week payroll. No payments will be approved if weekly payrolls are not submitted. See included Payroll Forms & Instruction on Section V, Labor Statutes and Rules — Davis Bacon Section . Electronic Submission is also permitted. See Davis Bacon Wage Determination at EXHIBIT 1—Attachment A SUBMISSIONS: Contractor shall submit at the Pre-Construction meeting the Finalized Construction Schedule and other information as required by the City, HCD and Agency. Any other applicable documentation and reporting to be submitted at commencement of construction, during construction and at completion of Construction and for Progress and Final Payment approval. Some Forms are in Section VIII "Project Requirements Section" CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST - Contractors who submit a bid for a contract award shall submit with his /her Bid the City of Corpus Christi Disclosure of Interest DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Form. Any Conflict of Interest with the City will immediately disqualify the Bidder. SEE FORM AT EXHIBIT 3—Attachment A CERTIFICATE REGARDING LOBBYING - Contractors who apply or bid for a contract award of $100,000 or more shall submit with his /her Bid the Certification Regarding Lobbying. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. . SEE CERTIFICATE AT EXHIBIT 4—Attachment A CERTIFICATE REGARDING DEBARMENT AND SUSPENSION - Contractors who apply or bid for a contract award of $100,000 or more shall submit with his /her Bid the Certification Regarding Debarment and Suspension. This requirement will apply to Contractor and hi/her Subcontractors. SEE CERTIFICATE AT EXHIBIT 5—Attachment A CONTRACTOR AND SUBCONTRACTORS LIABILITY INSURANCE REQUIREMENTS for Insurance and Bonding Requirements No construction shall commence without General Liability Insurance Certificate Coverage; Worker's Compensation, and Bonding Requirements as required by City Risk Management Department and Agency. SEE EXHIBIT 2—Attachment A GENERAL LIABILITY REQUIREMENTS - General Liability and Auto Liability, and Workers Compensation is Mandatory for all Contracts and Subcontractors. All insurance to be approved by City Risk Management Department before start construction. NOTE: All certificates of insurance shall be submitted to Agency and to the City of Corpus Christi, 1201 Leopard St., C.C. TX 78401 to be reviewed and accepted by the City of Corpus Christi Risk Management. WORKERS COMPENSATION — A statutory requirement for the Prime Contractor and all Sub- contractors. Prior to start construction the contractor shall be responsible for submitting documentation as proof of workers compensation coverage for the prime Contractor and all subcontractors used on the project site providing services for the project for the duration of the project, until completed and accepted by the Architect, Agency, and City. Failure to provide proof of current coverage at any time during construction, it will require suspension of construction work on site until Contractor is in compliance. Submit coverage allowing time for City Risk Management approval prior to start construction or at any time renewal is required. BONDING REQUIREMENTS: HUD minimum Bonding requirements for contracts in excess of $100,000 are: Bid Bonding, Performance and Payment Bonds, refer to Bonding Requirements in Insurances and Bonding EXHIBIT 2 Attachment A (Refer to project manual Bonding Requirements if the awarded Agency has higher Bonding requirements than HUD). PAYMENT POLICY - Agency shall not pay directly to Contractor without the approval for Payment from the City HCD Department. The City NSD, will issue a payment check to the Agency DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 only after the Contractor is in compliance with all applicable requirements and as per Architect Certificate for Payment. Payments issued by the Agency without the proper NSD approval and contractor compliance with all applicable requirements will not be reimbursed to the Agency. The Contractor shall abide to payment requirements and documentation submittal as established by City HCD process. No payment shall be done without compliance with all applicable contract requirements. City payments are direct to the Agency only, then the Agencv issues payments to the contractor. ACTIVITY REPORTING - The Owner/Agency may collect construction activity information from Contractor and Architect to submit to the City NSD mandatory monthly construction progress reports (or sooner as requested by NSD). Contractor and Subs. shall timely submit HUD reports as required. Contractor shall comply with City and HUD, reporting requirements and documentation submittal. COMPLIANCE WITH LEAD BASED— (REHABILITATION PROJECTS ONLY) Use of Lead—Based Paint is prohibited. If new construction involves demolition of existing structure or disturbs areas with lead based paint, the selected Contractor agrees that the activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35 (www.hud.gov) and applies to properties constructed prior to 1978. Additionally, the legal requirements that apply to Renovation, Repair and Painting Rule (RRPR) work are governed by Environmental Protection Agency (EPA's) 2008 Lead Rule. (see www.epa.gov/lead/pub/renovation). Other State or local requirements may also apply. Each State may have different requirements. DOES NOT APPLY TO NEW CONSTRUCTION ACCESSIBILITY COMPLIANCE. Project shall comply with Texas Architectural Barriers Act and will be subject to final inspections to obtain State Certification (TDLR). Strict compliance with Texas Accessibility Standards as shown on the Architectural construction documents will be enforced. Contractor shall correct any deviance from Architect construction documents to achieve accessibility compliance and Inspections approval. PROJECT SIGN AND POSTING REQUIREMENTS -Contractor shall construct and install on the job site, in a visible place approved by Agency and City, a project sign as per drawing and specifications provided in this section. Contractor shall comply with Federal requirements about postings in a visible place federal documents for public information. SEE Project Requirements, SECTION V. WORK ORDER BY CITY AND NOTICE TO PROCEED -Agency, Contractor, and Architect/Engineer shall comply with City of Corpus Christi NSD Work Order Policy. The Prime Contractor and the Subcontractors shall submit proof of Insurance Certificates to the City of Corpus Christi for review and approval by Risk Management Department. Before start construction, the Contractor and his/her Subcontractors shall be first cleared from Debarment and/or Suspension Government List; shall have Insurance and Bonding Requirements approved by Risk Management and Agency; shall have No Conflict of Interest with City and no conflict Regarding Lobbying in order to issue a Work Order for Construction. This Work Order will authorize the Agency' or his/her Architect /Engineer to issue a Notice to Proceed with Construction to the Prime Contractor. DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 The Architect/ Engineer or the Owner is not authorized to issue a "Notice to Proceed" to the Contractor and/or commence construction before the City has issued a Work Order. Any work done by Contractor without the City NSD Work Order, will not be processed for payment. Certification and List of requirements to issue a Work Order is included here and has to be acknowledged by signature by Prime Contractor, Agency and Architect/Engineer- EXHIBIT 11 ATTACHMENT A GENERAL INSTRUCTIONS FOR PAYMENTS - To request a payment, the Contractor shall submit proper invoices to the project Architect or Engineer(A/E); The A/E inspects and approves work done and verifies applicable Contractor's documentation, then submits the Application and Certification for Payment, signed by the Contractor and the project A/E, to the Agency with the Certified amount for payment; the Agency verifies that all requirements for that payment are in compliance and weekly payrolls submitted among other. Requires that are no outstanding issues from Contractor. Agency sends a letter requesting payment to the City NSD, including Architect Certification and Contractor's Invoice and all documentation that apply to each payment; City reviews and approves or disapproves the payment. COMMENCEMENT OF CONSTRUCTION CHECKLIST • The Prime Contractor submitted a City of Corpus Christi "Disclosure of Interest Form". • The Prime Contractor submitted a City of Corpus Christi "Certificate Regarding Lobbying "(100,000+ contracts) • The Prime Contractor and Subcontractors have been cleared from Debarment and Suspension Government list. • Construction Contract has been executed between the Agency and the Contractor. Copy submitted to NSD. • Prime Contractor has all required Bid,Performance and Payment Bonds approved as per Construction Contract. • The Prime Contractor has submitted Finalized List of Subcontractors for the job and their ID numbers . • The Prime Contractor and Subcontractors have all Workers' Compensation, and Commercial General Liability,Excess and Auto Liabilities Certificates submitted to the City, reviewed and approved by the City of Corpus Christi,Risk Management Department. • Agency shall provide to the City General Liability Insurance for approval to allow Contractor to start construction on the project site. To start construction: • the CDBG Proiect Sign shall be installed in the iob site in a visible location with all required documents posted. CDBG Sign specific size, colors and wording as included in the Federal Requirements Section • Prime Contractor and Subcontractors shall submit o the name and signature of the Payroll Officer(s). o Authorization of Signature of Payrolls and o Payroll Deduction Authorization Forms for CD records (Sample forms to be provided at the Pre- construction meeting) • An Affirmative Action Plan by the Prime Contractor and any subcontractor with a S10,000 or more subcontract. to include Name of EEO Officer • The Prime Contractor (and his/her Subcontractors) are cleared and have complied with all other Project Contract Requirements as indicated in the Construction Contract between Owner and Contractor.. DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SECTION IV Labor Statutes and Rules-Dept. of Labor • Federal Labor Standard Provisions—HUD 4010 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Federal Labor Standards Provisions -HUD 4010 Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification in the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract pursuant construction industry; and to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics (3) The proposed wage rate, including any bona fide employed or working upon the site of the work will be paid fringe benefits,bears a reasonable relationship to the wage unconditionally and not less often than once a week, and rates contained in the wage determination. without subsequent deduction or rebate on any account (b) If the contractor and the laborers and mechanics to be (except such payroll deductions as are permitted by employed in the classification (if known), or their regulations issued by the Secretary of Labor under the representatives, and HUD or its designee agree on the Copeland Act(29 CFR Part 3), the full amount of wages classification and wage rate (including the amount and bona fide fringe benefits(or cash equivalents thereof) designated for fringe benefits where appropriate), a report due at time of payment computed at rates not less than of the action taken shall be sent by HUD or its designee to those contained in the wage determination of the Secretary the Administrator of the Wage and Hour Division, of Labor which is attached hereto and made a part hereof, Employment Standards Administration, U.S. Department regardless of any contractual relationship which may be of Labor,Washington,D.C.20210. The Administrator,or alleged to exist between the contractor and such laborers an authorized representative, will approve, modify, or and mechanics. Contributions made or costs reasonably disapprove every additional classification action within 30 anticipated for bona fide fringe benefits under Section days of receipt and so advise HUD or its designee or will 1(b)(2) of the Davis-Bacon Act on behalf of laborers or notify HUD or its designee within the 30-day period that mechanics are considered wages paid to such laborers or additional time is necessary. (Approved by the Office of mechanics, subject to the provisions of 29 CFR Management and Budget under OMB control number 5.5(a)(1)(iv); also, regular contributions made or costs 12150140.) incurred for more than a weekly period(but not less often (c) In the event the contractor, the laborers or than quarterly) under plans, funds, or programs, which mechanics to be employed in the classification or their cover the particular weekly period, are deemed to be representatives, and HUD or its designee do not agree on constructively made or incurred during such weekly period. the proposed classification and wage rate (including the Such laborers and mechanics shall be paid the appropriate amount designated for fringe benefits,where appropriate), wage rate and fringe benefits on the wage determination HUD or its designee shall refer the questions,including the for the classification of work actually performed, without views of all interested parties and the recommendation of regard to skill, except as provided in 29 CFR 5.5(a)(4). HUD or its designee, to the Administrator for Laborers or mechanics performing work in more than one determination. The Administrator, or an authorized classification may be compensated at the rate specified for representative,will issue a determination within 30 days of each classification for the time actually worked therein: receipt and so advise HUD or its designee or will notify Provided, That the employer's payroll records accurately HUD or its designee within the 30-day period that set forth the time spent in each classification in which work additional time is necessary. (Approved by the Office of is performed. The wage determination (including any Management and Budget under OMB Control Number additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- 132 WH- 12150140.) 1321) shall be posted at all times by the contractor and its (d) The wage rate (including fringe benefits where subcontractors at the site of the work in a prominent and appropriate) determined pursuant to subparagraphs accessible, place where it can be easily seen by the (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers. workers performing work in the classification under this (ii) (a) Any class of laborers or mechanics which is not contract from the first day on which work is performed in listed in the wage determination and which is to be the classification. employed under the contract shall be classified in conformance with the wage determination. HUD shall (iii) Whenever the minimum wage rate prescribed in approve an additional classification and wage rate and the contract for a class of laborers or mechanics includes a fringe benefits therefor only when the following criteria fringe benefit which is not expressed as an hourly rate,the have been met: contractor shall either pay the benefit as stated in the wage DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 determination or shall pay another bona fide fringe benefit number of hours worked, deductions made and actual or an hourly cash equivalent thereof. wages paid. Whenever the Secretary of Labor has found (iv) If the contractor does not make payments to a under 29 CFR 5.5 (a)(1)(iv)that the wages of any laborer trustee or other third person, the contractor may consider or mechanic include the amount of any costs reasonably as part of the wages of any laborer or mechanic the amount anticipated in providing benefits under a plan or program of any costs reasonably anticipated in providing bona fide described in Section 1(b)(2)(B)of the Davis-Bacon Act,the fringe benefits under a plan or program,Provided,That the contractor shall maintain records which show that the Secretary of Labor has found,upon the written request of commitment to provide such benefits is enforceable, that the contractor, that the applicable standards of the Davis- the plan or program is financially responsible,and that the Bacon Act have been met. The Secretary of Labor may plan or program has been communicated in writing to the require the contractor to set aside in a separate account laborers or mechanics affected, and records which show assets for the meeting of obligations under the plan or the costs anticipated or the actual cost incurred in program. (Approved by the Office of Management and providing such benefits. Contractors employing Budget under OMB Control Number 1215-0140.) apprentices or trainees under approved programs shall 2. Withholding. HUD or its designee shall upon maintain written evidence of the registration of its own action or upon written request of an authorized apprenticeship programs and certification of trainee representative of the Department of Labor withhold or programs, the registration of the apprentices and trainees, cause to be withheld from the contractor under this contract and the ratios and wage rates prescribed in the applicable or any other Federal contract with the same prime programs. (Approved by the Office of Management and contractor,or any other Federally-assisted contract subject Budget under OMB Control Numbers 1215-0140 and to Davis-Bacon prevailing wage requirements, which is 1215-0017.) held by the same prime contractor so much of the accrued (ii) (a) The contractor shall submit weekly for each payments or advances as may be considered necessary to week in which any contract work is performed a copy of pay laborers and mechanics, including apprentices, all payrolls to HUD or its designee if the agency is a party trainees and helpers, employed by the contractor or any to the contract,but if the agency is not such a party,the contractor will submit the payrolls to the applicant subcontractor the full amount of wages required by the sponsor,or owner, as the case may be,for transmission to contract. In the event of failure to pay any laborer or HUD or its designee. The payrolls submitted shall set out mechanic, including any apprentice, trainee or helper, accurately and completely all of the information required employed or working on the site of the work,all or part of to be maintained under 29 CFR 5.5(a)(3)(i). This the wages required by the contract, HUD or its designee information may be submitted in any form desired. may, after written notice to the contractor, sponsor, Optional Form WH-347 is available for this purpose and applicant, or owner, take such action as may be necessary may be purchased from the Superintendent of Documents to cause the suspension of any furtherer payment, advance, (Federal Stock Number 029-005-00014-1),U.S. or guarantee of funds until such violations have ceased. Government Printing Office,Washington,DC 20402. HUD or its designee may, after written notice to the The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the contractor, disburse such amounts withheld for and on Office of Management and Budget under OMB Control account of the contractor or subcontractor to the respective Number 1215-0149.) employees to whom they are due. The Comptroller (b) Each payroll submitted shall be accompanied by a General shall make such disbursements in the case of direct "Statement of Compliance,"signed by the contractor or Davis-Bacon Act contracts. subcontractor or his or her agent who pays or supervises 3. (1) Payrolls and basic records. Payrolls and the payment of the persons employed under the contract basic records relating thereto shall be maintained by the and shall certify the following: contractor during the course of the work preserved for a (1) That the payroll for the payroll period contains the period of three years thereafter for all laborers and information required to be maintained under 29 CFR 5.5 mechanics working at the site of the work. Such records (a)(3)(i)and that such information is correct and complete; shall contain the name,address,and social security number (2) That each laborer or mechanic (including each of each such worker, his or her correct classification, helper, apprentice, and trainee) employed on the contract hourly rates of wages paid(including rates of contributions during the payroll period has been paid the full weekly or costs anticipated for bona fide fringe benefits or cash wages earned,without rebate, either directly or indirectly, equivalents thereof of the types described in Section and that no deductions have been made either directly or l(b)(2)(B) of the Davis-bacon Act), daily and weekly DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 indirectly from the full wages earned, other than force under the registered program. Any worker listed on permissible deductions as set forth in 29 CFR Part 3; a payroll at an apprentice wage rate,who is not registered (3) That each laborer or mechanic has been paid not or otherwise employed as stated above, shall be paid not less than the applicable wage rates and fringe benefits or less than the applicable wage rate on the wage cash equivalents for the classification of work performed, determination for the classification of work actually as specified in the applicable wage determination performed. In addition, any apprentice performing work incorporated into the contract. on the job site in excess of the ratio permitted under the (c) The weekly submission of a properly executed registered program shall be paid not less than the certification set forth on the reverse side of Optional Form applicable wage rate on the wage determination for the WH-347 shall satisfy the requirement for submission of the work actually performed. Where a contractor is "Statement of Compliance" required by subparagraph performing construction on a project in a locality other A.3.(ii)(b). than that in which its program is registered, the ratios and w (d) The falsification of any of the above certifications age rates (expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's may subject the contractor or subcontractor to civil or registered program shall be observed. Every apprentice criminal prosecution under Section 1001 of Title 18 and must be paid at not less than the rate specified in the Section 231 of Title 31 of the United States Code. registered program for the apprentice's level of progress, (iii) The contractor or subcontractor shall make the expressed as a percentage of the journeymen hourly rate records required under subparagraph A.3.(i)available for specified in the applicable wage determination. inspection,copying,or transcription by authorized Apprentices shall be paid fringe benefits in accordance representatives of HUD or its designee or the Department with the provisions of the apprenticeship program. If the of Labor,and shall permit such representatives to interview employees during working hours on the job. If apprenticeship program does not specify fringe benefits, the contractor or subcontractor fails to submit the required apprentices must be paid the full amount of fringe benefits records or to make them available,HUD or its designee listed on the wage determination for the applicable may,after written notice to the contractor, sponsor, classification. If the Administrator determines that a applicant or owner,take such action as may be necessary different practice prevails for the applicable apprentice to cause the suspension of any further payment, advance, classification,fringes shall be paid in accordance with that or guarantee of funds. Furthermore,failure to submit the determination. In the event the Office of Apprenticeship required records upon request or to make such records Training, Employer and Labor Services, or a State available may be grounds for debarment action pursuant Apprenticeship Agency recognized by the Office, to 29 CFR 5.12. withdraws approval of an apprenticeship program, the Apprentices and contractor will no longer be permitted to utilize apprentices Trainees. at less than the applicable predetermined rate for the work (i) Apprentices. Apprentices will be permitted to performed until an acceptable program is approved. work at less than the predetermined rate for the work they (ii) Trainees. Except as provided in 29 CFR 5.16, performed when they are employed pursuant to and trainees will not be permitted to work at less than the individually registered in a bona fide apprenticeship predetermined rate for the work performed unless they are program registered with the U.S. Department of Labor, employed pursuant to and individually registered in a Employment and Training Administration, Office of program which has received prior approval, evidenced by Apprenticeship Training,Employer and Labor Services,or formal certification by the U.S. Department of Labor, with a State Apprenticeship Agency recognized by the Employment and Training Administration. The ratio of Office,or if a person is employed in his or her first 90 days trainees to journeymen on the job site shall not be greater of probationary employment as an apprentice in such an than permitted under the plan approved by the apprenticeship program,who is not individually registered Employment and Training Administration. Every trainee in the program,but who has been certified by the Office of must be paid at not less than the rate specified in the Apprenticeship Training,Employer and Labor Services or approved program for the trainee's level of progress, a State Apprenticeship Agency (where appropriate) to be expressed as a percentage of the journeyman hourly rate eligible for probationary employment as an apprentice. specified in the applicable wage determination. Trainees The allowable ratio of apprentices to journeymen on the shall be paid fringe benefits in accordance with the job site in any craft classification shall not be greater than provisions of the trainee program. If the trainee program the ratio permitted to the contractor as to the entire work does not mention fringe benefits,trainees shall be paid the DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 full amount of fringe benefits listed on the wage 9. Disputes concerning labor standards. determination unless the Administrator of the Wage and Disputes arising out of the labor standards provisions of Hour Division determines that there is an apprenticeship this contract shall not be subject to the general disputes program associated with the corresponding journeyman clause of this contract. Such disputes shall be resolved in wage rate on the wage determination which provides for accordance with the procedures of the Department of less than full fringe benefits for apprentices. Any Labor set forth in 29 CFR Parts 5,6,and 7.Disputes within employee listed on the payroll at a trainee rate who is not the meaning of this clause include disputes between the registered and participating in a training plan approved by contractor (or any of its subcontractors) and HUD or its the Employment and Training Administration shall be paid designee,the U.S. Department of Labor,or the employees not less than the applicable wage rate on the wage or their representatives. determination for the work actually performed. In 10. (i) Certification of Eligibility. By entering addition, any trainee performing work on the job site in into this contract the contractor certifies that neither it(nor excess of the ratio permitted under the registered program he or she)nor any person or firm who has an interest in the shall be paid not less than the applicable wage rate on the contractor's firm is a person or firm ineligible to be wage determination for the work actually performed. In awarded Government contracts by virtue of Section 3(a)of the event the Employment and Training Administration the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be withdraws approval of a training program, the contractor awarded HUD contracts or participate in HUD programs will no longer be permitted to utilize trainees at less than pursuant to 24 CFR Part 24. the applicable predetermined rate for the work performed (ii) No part of this contract shall be subcontracted to until an acceptable program is approved. any person or firm ineligible for award of a Government (iii) Equal employment opportunity. The contract by virtue of Section 3(a) of the Davis-Bacon Act utilization of apprentices, trainees and journeymen under or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or 29 CFR Part 5 shall be in conformity with the equal participate in HUD programs pursuant to 24 CFR Part 24. employment opportunity requirements of Executive Order (iii) The penalty for making false statements is H 246,as amended,and 29 CFR Part 30. prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 5. Compliance with Copeland Act Additionally,U.S. Criminal Code,Section 101 0,Title 18, requirements. The contractor shall comply with the U.S.C., "Federal Housing Administration transactions", requirements of 29 CFR Part 3 which are incorporated by provides in part: "Whoever, for the purpose of . . . reference in this contract influencing in any way the action of such 6. Subcontracts. The contractor or subcontractor Administration..... makes, utters or publishes any will insert in any subcontracts the clauses contained in statement knowing the same to be false..... shall be fined subparagraphs 1 through 11 of this paragraph A and such not more than $5,000 or imprisoned not more than two other clauses as HUD or its designee may by appropriate years,or both." instructions require,and a copy of the applicable prevailing 11. Complaints, Proceedings, or Testimony by wage decision, and also a clause requiring the Employees.No laborer or mechanic to whom the wage, subcontractors to include these clauses in any lower tier salary,or other labor standards provisions of this Contract subcontracts. The prime contractor shall be responsible for are applicable shall be discharged or in any other manner the compliance by any subcontractor or lower tier discriminated against by the Contractor or any subcontractor with all the contract clauses in this subcontractor because such employee has filed any paragraph. complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any 7. Contract termination; debarment. A breach proceeding under or relating to the labor standards of the contract clauses in 29 CFR 5.5 may be grounds for applicable under this Contract to his employer. termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. B. Contract Work Hours and Safety Standards B. Compliance with Davis-Bacon and Act. The provisions of this paragraph B are applicable Related Act Requirements. All rulings and only where the amount of the prime contract exceeds interpretations of the Davis-Bacon and Related Acts $100,000. As used in this paragraph,the terms"laborers" contained in 29 CFR Parts 1, 3, and 5 are herein and"mechanics"include watchmen and guards. incorporated by reference in this contract (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 or mechanics shall require or permit any such laborer or (1) No laborer or mechanic shall be required to work mechanic in any workweek in which he or she is employed in surroundings or under working conditions which are on such work to work in excess of 40 hours in such unsanitary, hazardous, or dangerous to his health and workweek unless such laborer or mechanic receives safety as determined under construction safety and health compensation at a rate not less than one and one-half times standards promulgated by the Secretary of Labor by the basic rate of pay for all hours worked in excess of 40 regulation. hours in such workweek. (2) The Contractor shall comply with all regulations (2) Violation; liability for unpaid wages; issued by the Secretary of Labor pursuant to Title 29 liquidated damages.In the event of any violation of the Part 1926 and failure to comply may result in imposition of clause set forth in subparagraph(1) of this paragraph, the sanctions pursuant to the Contract Work Hours and Safety contractor and any subcontractor responsible therefor shall Standards Act,40 USC 3701 et seg. be liable for the unpaid wages. In addition,such contractor The Contractor shall include the provisions of this and subcontractor shall be liable to the United States (in paragraph in every subcontract so that such provisions will the case of work done under contract for the District of be binding on each subcontractor. The Contractor shall Columbia or a territory, to such District or to such take such action with respect to any subcontract as the territory), for liquidated damages. Such liquidated Secretary of Housing and Urban Development or the damages shall be computed with respect to each individual Secretary laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph(1)of this paragraph. (3) Withholding for unpaid wages and liquidated damages.HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work perfonned by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph(2)of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through(4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs(1)through(4)of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable only where the amount of the prime contract exceeds$100,000. DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 SECTION V Project Requirements • Construction Sign and Site Postings • Final Payment Requirements • Release of Liens Form DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 FIELD REQUIREMENTS: Documents to be Posted All posting documents must be placed in a visible location at the job site on a notice board accessible to worker's view: Davis-Bacon Poster: WH Publication 1321; Must be placed in a visible location at the job site on a notice board. Should be displayed at the job site on a notice board with the Contractor's and sub-contractors' Affirinative Action Plans when applicable. Davis-Bacon Prevailing Wage Rates: Displays the Federal Wage Rates that apply to each individual type of project. Federal wage rates must be displayed for employee view. Must be placed in a visible location at the job site on a notice board. HUD Form 4010 Federal Labor Standards Provisions: Description of requirements of Davis-Bacon, Copeland, and Contract Work Hours and Safety Standards Acts. Must be placed in a visible location at the job site on a notice board. Section 3 Notice: To inform workers of Economic Opportunities for Low And Very-Low Income Persons. Must be placed in a visible location at the job site on a notice board. Executive Order 112461: Sets forth the anti-discrimination policy of this project. Parts 11&Ill are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Must be placed in a visible location at the job site on a notice board. Affirmative Action Plan: Must be submitted by the prime contractor and all sub-contractors who have sub- contracts of$10,000.00 or more on the project. These must be displayed on the project bulletin board for employee view Workers Compensation Information CDBG PROJECT SIGN Project Sign: Contractor is responsible to install in a visible location as selected by the Owner, a CDBG Project Sign prior to commencement of construction. Dimensions and design are included in the construction project manual The field location will be determined prior to work start. DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CDBG PROJECT SIGN 8' Red ® ° Background ® ® ® White Letters CITY OF CORPUS CHRISTI White Background 4 Community Development Block Grant (CDBG) T 1111 -, Blue Background Locate sign where it is most visible to the public. Fix sign is made from 4 feet x 8 feet sheet of 3/4" plywood. Sign should be posted at a minimum of than 3' 6" high from ground SIGN DIMENSIONS WILL VARY DEPENDING ON TYPE OF PROJECT< CBCIL MAY USE PORTABLE SIGNS TO BE DISPLAYED AT EACH HOME MODIFICATION. (Changes on size to be approved by HCD) Color and Information to be the same DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 NEW CONSTRUCTION CONTRACTOR & SUBCONTRACTORS FINAL DOCUMENTATION NTS: The Prime Contractor shall submit the following with the Request for Payment at completion of Construction. Submitted in an organized ring Binder for the Owner and a copy to the City: • Certificate of Substantial Completion by Architect(AIA Doc. G704-2000) • Contractor's Affidavit of Payments of Debts and Claims (AIA Doc. G706) • Consent of Surety Company to Final Payment (AIA Doc. G707) (with Payment Bond covered Contracts) • Affidavit and Waiver of Lien by Contractor. • Contractor's Warranty • City of Corpus Christi Foundation Certificate • TDI Windstorm Certificate of Compliance WPI-8 • TDI Inspection Verification WPI-2 • Certificate of Occupancy - All applicable City' Building Division inspections approved, including:, Glazing, Plumbing, Mechanical, Electrical and Building, Fire and any other required Inspection or the" (C of O) and all State and Local Inspections including Foundation. • Final Weekly Payrolls Certificates(For Contractor and all Subcontractors)(ALL Payrolls submitted with sequential number) including dates for 1 st day of construction and last day of construction (Contractor and each Sub.) Finalized List of Subcontractors • Waiver and Release of Liens from Subcontractors and Suppliers, turned to Owner copy to CD, for Contracts not covered with Payment Bonds • Final Inspection Conducted by Architect - Walk- through and verification of work completed and accepted by Architect/Engineer, Agency Owner to include City of Corpus Christi Representative. • Obtain final project letter of acceptance from Agency Board • Final Payment Invoice by Contractor • NO LIENS IN THE PROPERTY RELEASE OF RETAINAGE REQUIREMENTS • Contract and Subcontract Activity Report; HUD 2516 Report— • Finalized List of Subcontractors • Weekly payroll incurred after last payment. • Section 3 Business Utilization Form • All Product Warranties, turned to Owner(acknowledge receipt from Owner) • Completed punch list prepared by Architect/Engineer and signed approved • The Prime Contractor(and his/her Subcontractors) has complied with all Contract Requirements between Owner and Contractor. • Retainage Release Invoice by Contractor • NO LIENS IN THE PROPERTY • No payment demands from Subcontractors or Suppliers to be clarified. DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 AGENCY FINAL PAYMENT and RETAINAGE RELEASE REQUIREMENTS: The Non-Profit Agency shall submit to Community Development: • Letter of Final project acceptance issued by Agency Board of Directors. • Application and Certification for Final Payment from Architect/Engineer (AIA Document Form G702) Application and Certification for Payment (Two original signed by Architect and Contractor) • Verification of Work Completed and accepted by City of Corpus Christi, Community Development. • Draw Request Letter from the agency requesting final payment to City • Change Orders Executed, (signed copies)for Files • All Contract and Subcontract Closeout above Requirement packets completed • State Certificate of Compliance with Texas Architectural Barriers Act Article 9102 (For projects above 50,000) (Accessibility Compliance) • Record of Non-profit Capital Contribution met for CDBG projects only. Match requirements met for HOME projects. • Agency Compliance with all Subrecipient Agreement • After a required period and when all requirements are met, the Agency may release the retainage amount (if any) to the Prime Contractor. • Release of Retainage requires (AIA Document Form G702) Application and Certification for Payment Certification form. • Close Out of project. NOTE: • After a project is closed No Change Orders can be issued or work done by Prime Contractor without a new procurement process. • Agency to submit Race and Ethnicity Report.Form to be provided by City to close project in HUD IDIS. NOTE: THE CONTRACTOR SHALL PROVIDE PAYMENT BOND INFORMATION TO EACH AND ALL SUBCONTRACTORS AND SUPPLIERS AT TIME OF EXECUTING A BINDING CONTRACT A SIGNED FORM FROM EACH SUBCONTRACTOR AND SUPPLIER ACKNOWLEDGING THAT HAVE RECEIVED PAYMENT BOND INFORMATION WILL BE REQUIRED FROM CONTRACTOR. DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 APENDIX A, EXHIBITS SPECIAL INSTRUCTIONS TO BIDDERS EXHIBITS: • 1.- Davis Bacon Wage Rates (DOL Wages) • Note: Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). • 2.-Insurance and Bonding Requirements • 3.- City of Corpus Christi Disclosure of Interest (To be Submitted with Bid) • 4.- Certificate Regarding Lobbying (To be Submitted with Bid) • 5.- Debarment and Suspension- (To be Submitted with Bid) • 6.- Work Order Certification REPORTING & FORMS • 7.- Certified Weekly Payroll Form and Davis Bacon Poster • 8.-Affirmative Action Plan/MBE • 9- Section 3- Compliance Report Form & Instructions • 10.-Contract& Sub. Report HUD 2516 • 11.-Affidavit and Waiver of Lien Form DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Neighborhood Services Department (NSD) EXHIBITS SPECIAL INSTRUCTIONS TO BIDDER The Bidder shall submit with his/her Bid a City of Corpus Christi Disclosure of Interest Form signed by the Prime Contractor. For contracts $100,000 and above shall submit the Certification Regarding Lobbying . Conflict of interest with the City or with the Certification Regarding Lobbying requirements will automatically disqualify the bidder. (Both Forms are included in the CDBG Federal Requirements Section as EXHIBITS 3 & 4 respectively). The Bidder shall submit with his/her Bid a Certification Regarding Debarment and Suspension that is not Debarred or Suspended from the System of Award Management (SAM), General Services Administration List of Parties Excluded from Federal Procurement Programs, according to E.O. 12549 and 12689 "Debarment and Suspension." This requirement applies also to his/her subcontractors. City will confirm on SAM System the selected Bidder, (Prime Contractor)and his/her proposed Subcontractors. No contract shall be made to parties listed in the debarred or suspended list. Written Clearance will be required. JSee EXHIBIT 5) Contractor and Subcontractors shall pay their workers not less than the Department of Labor Wage Determination for the specific construction project (Davis Bacon Wage Rates are included here as EXHIBIT 1) The City of Corpus Christi Risk Management Department shall review and approve the selected Contractor and his/her Subcontractors General and Auto Liability Insurance Certificates and Workers Compensation prior to commencement of any construction;Bid Bonds and Performance and Payment Bonds shall be approved by the Agency and the City Neighborhood Services Department (NSD). (Insurance and Bonding Requirements are included as EXHIBITS 2) WORK ORDER: CONTRACT FOR CONSTRUCTION CANNOT BE EXECUTED BEFORE THE CITY CLEARS CONTRACTOR AND PROPOSED SUBCONTRACTORS FROM DEBARMENT OR SUSPENSION; CONSTRUCTION CANNOT COMMENCE BEFORE CITY RISK MANAGEMENT APPROVES THE INSURANCE REQUIREMENTS FOR THE AGENCY, THE CONTRACTOR, AND HI/HER SUBCONTRACTORS, AND NSD ISSUES A WORK ORDER WHICH WILL AUTHORIZE THE ARCHITECT TO ISSUE THE NOTICE TO PROCEED WITH CONSTRUCTION. (Work Order Form included as EXHIBIT 6) DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 EXHIBIT 1 Davis Bacon Wage Determination Federal Wage Rates applicable to this project DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 EXHIBIT 2 City of Corpus Christi Risk Management Department INSURANCE REQUIREMENTS L CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained _and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence - aggregate or termination required on all certificates and policies. Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory All States Endorsement required if Contractor is not domiciled in Texas. EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 BUILDIER'S RISK Policy limit shall be for total value of project. Policy shall be an all perils policy including collapse. C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 • Provide thirty(30) calendar days advance written notice directly to City of any, cancellation,non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s)which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2014 Insurance Requirements Housing and Community Development Casa De Manana Center 1/13/2015 ds Risk Management DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 HUD MINIMUM BONDING REQLMLMENTS Project Requirements for Bid Bonding, Performance and Payment Bonds. Refer also to Bonding Requirements in the A/E project manual. Contracts in excess of$100,000 require the following: For subcontracts exceeding $100,000, HUD may accept the bonding policy and requirements of the recipient (agency) provided HUD has made a determination that the Federal Government's interest is adequately protected. If such a determination has not been made, the minimum requirements shall be as follows: (1) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall,upon acceptance of his bid,execute such contractual documents as may be required within the time specified. (2) A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (3)A payment bond on the part of the contractor for 100 percent of the contract price.A"payment bond" is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. (4) Where bonds are required in the situations described herein, the bonds shall be obtained from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR part 223, "Surety Companies Doing Business with the United States." DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 T1e%x"--1s Workers' Compensation Commission Rules Chapter 110.Required Notice of Coverage: General Provisions Rule 110.110. Reporting Reguirements for Building or Construction Projects for Governmental Entities. Article . Workers' Compensation Insurance Coverage. A.Definitions: 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. 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. 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. L The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1)provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project,for the duration of the project; (2)provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4)Obtain from each other person with whom it contracts,and provide to the contractor: (a)a certificate of coverage,prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 (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 paragraphs (1) - (7), 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. (d)A contractor shall: (1)provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4)obtain from each person providing services on a project,and provide to the governmental entity: (A)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 (B)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; (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 contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7)post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice,without any additional words or changes(See Figure 2): DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 EXHIBIT 3 �r a � e, 5 r CITY OF CORPUS CHRISTI -DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable,answer with"NA." See the definitions for the Disclosure of Interest in Section II-General Information. COMPANY NAME: P. O.BOX: STREET: CITY: ZIP: FIRM is: 1. Corporation( ) 2. Partnership( ) 3. Sole Owner( ) 4. Association ( ) 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach a separate sheet. 1. State the names of each"employee" of the City of Corpus Christi having an'ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) 2. State the names of each official" of the City of Corpus Christi having an'ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest"constituting or more of the ownership in the above named"firm." Name Board,Commission,or Committee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an"ownership interest"constituting 3%or more of the ownership in the above named "firm." Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Title: DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 Definitions for the Disclosure of Interest Form a. 'Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee."Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. C. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service,including but not limited to, entities operated in the form of sole proprietorship,as self-employed person,partnership,corporation,joint stock company,joint venture,receivership or trust,and entities which for purposes of taxation are treated as nonprofit organizations. d. "Official." The Mayor,members of the City Council, City Manager,Deputy City Manager,Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. C. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such Interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts,proxies,or special terms of venture or partnership agreements." f "Consultant."Any person or firm, such as engineers and architects,hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 EXHIBIT 4 To be submitted with Bid f CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS,LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2)If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit with this a Standard Form-11,"Disclosure Form to Report Lobbying,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than 510,000 and not more than 5100,000 for each such failure. Signature Date Print Name of Authorized Individual Organization Name DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 EXHIBIT 5 To be @submitted i I' f Housing and Community Development Department Community Development Block Grants U.S. Department of Housing and Urban Development Debarment and Suspension Certification Title 24: Housing and Urban Development PART 84—UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS,AND OTHER NON-PROFIT ORGANIZATIONS 84.13 Debarment and Suspension; Drug-Free Workplace. (a) Recipients and Subrecipients shall comply with the government wide non-procurement debarment and suspension requirements in 2 CFR part 2424. These government wide requirements restrict sub- awards and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. (b) Recipients and subrecipients shall comply with the requirements of the Drug-Free Workplace Act of 1988 (42 U.S.C. 701), as set forth at 24 CFR part 21. I certified by signing below, that I am in compliance with Title 24 Housing and Urban Development Part 84, Debarment and Suspension requirements in 2 CFR part 2424, and I am not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. I am also responsible for my subcontractors compliance with Debarment & Suspension and Drug Free Work Place federal regulations. Contractor Signature/ or Authorized Official: Date: Title: Company: Of/14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 EXHIBIT 6 To be signed after contract award I' f Neighborhood Services Department e ire t e tics t cee Work Order Certification In accordance with the applicable City of Corpus Christi Neighborhood Services Department "Work Order" Provisions governing the contract for construction for the U.S.Department of Housing and Urban Development Community Development Block Grant(CDBG), the Primary Contractor, the Project Architect/Engineer and the Non-Profit Agency certifies here that they will comply with the following: THE ARCHITECT/ENGINEER OR THE OWNER ACKNOWLEDGE BY SIGNING BELOW THAT THEY WILL NOT ISSUE A "NOTICE TO PROCEED" TO THE CONTRACTOR AND/OR APPROVE HIM TO COMMENCE CONSTRUCTION BEFORE THE CITY NEIGHBORHOOD SERVICES DEPARTMENT HAS ISSUED A WORK ORDER TO THE AGENCY,AUTHORIZING ARCHITECT AND/OR AGENCY TO ISSUE A NOTICE TO PROCEED WITH CONSTRUCTION. PRIME CONTRACTOR AND HIS/HER SUBCONTRACTORS SHALL MET ALL APPLICABLE CITY HCD REQUIREMENTS BEFORE COMMENCEMENT OF CONSTRUCTION. ANY CONSTRUCTION WORK PERFORMED BEFORE THE CITY OF CORPUS CHRISTI NEIGHBORHOOD SERVICES DEPARTMENT (NSD) ISSUES THE WORK ORDER, WILL NOT BE APPROVED FOR PAYMENT. Non-Profit Agency/Authorized Official Signature: Date: Title: Agency: Project Architect/Engineer/Authorized Official Signature: Date: Title: Company: Primary Contractor/Authorized Official Signature: Date: Title: Company: DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 EXHIBIT 7 Certified Weekly Payroll and Davis Bacon Act Poster DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871 BFDF7B8 -,��; *c 5.3t 3 c6 6v ro tm W Z z 0 0 c 0 a 0 a.M 2 z TV C 0 0 2) Z� 0 ; o c of 0 > 6 m M F1 Z >-< m z 0 c c C 3: NO OF MWIGLIDING EXEMPTIONS i4 ————------- 0 V 0 C , L iF C1 411 0 El R ;5 z z Ot z 0 C) 0 m Cr 0 m 0 OT OR ST, 0 2 C i. ° z 0 - Cl) 1. 0 0 g gt c 1 0 Vj fill z 2i -r >rn 0 z Ah 0 I�b 0< I z C, OZ, CL c , .gig 0 O U q m 2 0 5 5,19 z G) UA a 0 8 r11 69 2 z c 0 M w w 10 0 0 0 z z C 0 0 6 000 0 z 0 eg z > 0 Z �6 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871 BFDF7B8 >w O w S. rn wb� F B :q -,!�F 9 0 N"3 T0——1 Em -4 'y M m,0 W m @ ;u =W.a- — ff.— r R. jo =8 0 F . G) -0 �F M w c Mwz� 'a m 0 9�, z a. rn > g �u cs 5. -.0.3. 6Q 0 O= 'M �L-- a— , ;:t 0 b 0 co 0 > 3 3 8 0 0-- 0 > R _0 Rq M H z Groh CO (-D zac ro CD g g 0 M 3 0 U Ea g 0 14 B 0 Cf) M 0 O:E > z z0, M M ;D Ox M El <00 M z :j 0 W M z M- 000 z Pr cu M 0. MZ a M 40W .0 g < z M C) M- On, 2: > nm -Dt 0 m. ;D Z; Z 0, 0 z Mm moo 20 0 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 EMPLOYEE RIGHTS UNDER THE DAVIS-BACON ACT .................... .............. ........................-----_._,___............. FOR LABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS .w_. ._...___........... THE UNITED S,.j.A`I..ES DEPAR-i-IMENT OF LABOR WAGE AND t-IOUR DIVISION ----------------------- PREVAILING You must be paid not less than the wage rate listed in the Davis-Bacon WAGES Wage Decision posted with this Notice for the work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week.'there are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay dace,and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years.A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution,fines and/or imprisonment. APPRENTICES Apprentice rates apply only to apprentices properly registered Linder approved Federal or State apprenticeship programs, PROPER PAY If you do riot receive proper pay„or require further information on the applicable wages,contact the Contracting Officer listed below„ HOUSING & U.S DEF)AI2'1"Mi' V`I' II(?11S1ti4M LABOR IIs"1.,A11ONS SPECIALIST SAN ATS"1"ON10,' ERAS 78205 PlI6:)NE: 210.475 6818 r. Fear additional information: (1-€366-487'-9243) TTY, 1-877-889-5627 WHO U.S.Daparfrr en; of Labor I Lrnpioyfneni Standards AdrninVstraatbn 1 wagr„e and V^lw Dlvisbn MP6tl 1."3"d.'1 fPirYv�snet Mga41'Yt7�',M4r EXHIBIT 8 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing &Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the job location for the benefit of interested parties, and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. Attachment#2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. will use the HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 11246 will be required of all subcontractors of$10,000 or more. UTILIZING LOWER INCOME RESIDENTS,MINORITIES AND WOMEN To the maximum extent feasible, and any subcontractors will use lower income residents as trainees,apprentices and workers (if qualified)to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments#2 and#3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment 92 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION,DEMOTION,PAY RATES,LAYOFFS,ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer SIGNATURE DATE (print) Name of EEO Officer SIGNATURE DATE COMPANY NAME: ADDRESS: PHONE NO.: DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 Section 3 Compliance Report DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SECTION 3 COMPLIANCE REPORT FORM Neighborhood Services Department (NSD) REPORT DATE: CONTRACTOR NAME PROJECT • CONTRACT NUMBER Point of Contact/Title Telephone E-mail Work/Project Start D. D. This form should be completed by all vendors, contractors and service providers who have a contract with the City of Corpus Christi, Neighborhood Services Department (NSD) that is subject to Section 3 requirements per 24 CFR Part 75 and/or NSD's Section 3 Plan. Complete this form in its entirety, and attach the following supporting documentation: Section 3 Worker and Targeted Section 3 Worker Certification forms, payroll information supporting labor hour benchmark data, certification that you followed order of hiring priority, evidence of qualitative efforts madeto comply with Section 3 and other supporting documents as applicable. You may attach a letter to this report if needed to further state your efforts, achievements orobstacles encountered. Submit this form at completion of your work or by January 5th of each contract year for multi- year contracts, unless agreed otherwise with the Section 3 Compliance Administrator. Questions and assistance with requirements and reporting can be sent to Alhii,irn,.W cctexas„coirn„ GIENIERAIL GUIDANCE AND DEFINITIONS Section 3 of the Housing and Urban Development Act of 1968 (codified at 12 U.S.C. 1701u and implemented at 24 CFR Part 75, hereinafter, "Section 3"), as amended, requires that economic opportunities, most importantly employment, generated by certain U.S. Department of Housing and Urban Development("HUD") financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, or residents of the community in which the Federal assistance is spent. DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Sectiiioin 3 Worker means; Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented: 1. The worker's income for the previous or annualized calendar year is below the income limit established by HUD. (Note: Income is considered for the worker only and not based on household) 2. The worker is employed by a Section 3 business concern. 3. The worker is a YouthBuild participant. Targeted Section 3 Worker for housing and community development financial assistance means a Section 3 Worker as defined in 24 CFR Part 75.21, as may be amended from time to time, and means a worker documented through self-certification or other means acceptable to HUD, who is: 1. A worker employed by a Section 3 Business Concern; or 2. A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years: i. Living within the service area or the neighborhood of the project*, as defined in § 75.5; or ii. A YouthBuild participant. *Section 3 Compliance Administrator will provide further guidance on the service area or the neighborhood of theproject for the specific project. IBIEINCHIflAIRIK GOALS 1. 25 percent or more of the total number of labor hours worked by all workers on the project are Section 3 Workers; and 2. 5 percent or more of the total number of labor hours worked by all workers on the project are Targeted Section 3 Workers. 3. 30 percent of all New Hires are Section 3 Workers HUID IIIINCGMIE ILIIIIIIITS Low-and very low-income limits are defined in Section 3(b)(2)of the Housing Act of 1937 and are determined annually by HUD. These limits are typically established at 80 percent and 50 percent of thearea median individual income. Most recent HUD income limits may be obtained from: !�.�tpa//,,,,,,,,,,,,,,,,,,,,,,,;;,Ihu�u ',uruseir:: ov/ olrtall/datasets/`ill/`i112021/2021suimimal „odn Income Eligibility Guideline: FY 2021 HUD Income Limits Corpus Christi, TX HUD Metro FMR Area Very Low (50%) Income Limit No more than $24,300, or Low (80%) Income Limit No more than $38,850 Note: a Section 3 worker can be either a very low or low-income individual. HIRING IPIRIIIGIRIIITIIIIES Employment and training opportunities created by NSD community development programs shallbe given to Section 3 Workers in the following order of priority: ■ PI: Section 3 Workers residing within the service area or the neighborhood of the project; and ■ IP : Participants in YouthBuild programs. 2 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Part 1: WORKFORCE COMPOSITION Total Number of All Workers Total Number of Section 3 Total Number of Targeted who worked on the Project Workers who worked on the Section 3 Workers who Project worked on the Project Part II: LABOR HOUR BENCHMARKS (25% and %goal) Report labor hours worked on this project broken down by ALL Workers, Section 3 Workers and TargetedSection 3 Workers. Labor Hours on the Project for Labor Hours on the Project Labor Hours on the Project for ALL Workers for Targeted Section 3 Workers (includes existing and new hires who Section 3 Workers (includes existing and new hires who worked on the project) (includes existing and new hireswho worked on the project) worked on theproject) Attach documents supporting the data provided in this section and check the boxes below:LCP ❑ Tracker report certifying labor hours worked ❑ Other salary-based or time-and-attendance payroll records certifying labor hours Part III® NEW HIRE BENCHMARKS ( 0% new hiregoal) Did you hire Section 3 Workers and/or Targeted Section 3 Workers in relation to this contract? ❑ YES ❑ NO If Yes, please complete below tables, if No, move to Part lll. Total Number ofAll Total Number of Section 3 Total Number of New Hires Worker New Hires Targeted Section 3 Worker New Hires Did you follow the order of hiring priority when hiring new workers? ❑ YES ❑ NO 3 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 List all New Hires in relation to this contract. If reporting more new hires than able to list here, create an excel spreadsheet with the same columns and use that instead: S3 Worker Hiring Total or Targeted New Hire Name Position Pay Hours Priority (P1, Title Rate Hire Date End Date Gender S3 P2, P3 Worked Worker? or P4) Attach documents supporting the data provided in the table above and check the boxes below as applicable: ❑ Section 3 Worker Certification Forms for all New Hires (categorized by Section 3 Worker andTargeted Section 3 Worker) ❑ Supporting documents of efforts made to hire in the order of hiring priority, i.e. list ofcandidates who applied, NSD referral list, etc. ❑ Other documents, specify: Part IVa SUBCONTRACTORS Did you have any subcontractors who performed work on this contract? ❑ YES ❑ NO (If yes, complete the table below and attach this same report form for each of the subcontractors to identify their hiring and labor hours) Subcontractor Subcontract Business Certification (MBE, Name Trade Amount Start Date End Date BE, SBE, Section 3) 4 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Part Va QUALITATIVE EFFORTS ( 4 CFR Part 75015) Check the boxes that apply to demonstrate your good faith efforts to satisfy your section 3 obligations. ❑ Engaged in outreach efforts to generate job applicants who are Targeted Section 3Workers, including notifying NSD's Section 3 team, posting job openings at the job site, HUD Opportunity Portal, social media pages, contacting Resident Advisory Councils, and other platforms; ❑ Contacted agencies administering Los Angeles County YouthBuild Programs, and requesting their assistance in recruiting Nueces County YouthBuild Program participants for training opportunities and employment positions; ❑ Consulted with state and local agencies administering training programs, such as those funded through Workforce Investment Act, unemployment compensation programs, community organizations and other officials or organizations to assist with training and recruiting Section 3 Workers and TargetedSection 3 Workers; ❑ Held job fairs; ❑ Provided or connecting Section 3 Workers and Targeted Section 3 Workers with assistance in seeking employment, including: drafting resumes, preparing for interviews, and finding job opportunitiesconnecting residents to job placement services; ❑ Provided or referring Section 3 Workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care); ❑ Assisted Section 3 Workers to obtain financial literacy training and/or coaching; ❑ Engaged in outreach efforts to identify and secure bids from Section 3 Business Concerns. ❑ Provided technical assistance to help Section 3 Business Concerns understand and bid on contracts; ❑ Divided contracts into smaller jobs to facilitate participation by Section 3 Business Concerns; ❑ Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 Business Concerns; ❑ Promoted use of Section 3 Business Registries designed to create opportunities for Section 3, disadvantaged and small businesses. Part VI: NOTES AND COMMENTS (If needed,attach additional sheets) By signing below, I hereby certify and declare under penalty of perjury under the laws of the United States and the State of Texas that the information provided on this form, as well as all documentation provided in support thereof, are true and correct, and that I am authorized on behalf of the Company to make this certification. Furthermore, I certify that I will maintainthis documentation for the time period required for record retentions in accordance with applicable program regulations or, in the absence of applicable program regulations, in accordance with 2 CFR part 200. 1 will make these records available to NSD and/or HUD upon request. Signature Name and Title Date 5 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 AIDIDIITiOINAIL GUIIDAINCIE FOR COIF'TII ACTOIRS'RECORDKEEPING:24 CFR Part 75.31 Contractors,subcontractors and other recipients or sub-recipients must maintain documentation to ensure that workers meetthe definition of a Section 3 Worker or Targeted Section 3 Worker as follows: For a worker to qualify as a Section 3 worker, one of the following must be maintained: 1. A worker's self-certification that their income is below the income limit from the prior 2. calendar year; 3. A worker's self-certification of participation in a means-tested program such as public housing or Section 8-assisted housing; 4. Certification from a PHA, or the owner or property manager of project-based Section 8-assisted housing, or theadministrator of tenant-based Section 8-assisted housing that the worker is a participant in one of their programs; 5. An employer's certification that the worker's income from that employer is below the income limit when based on anemployer's calculation of what the worker's wage rate would translate to if annualized on a full-time basis; or 6. An employer's certification that the worker is employed by a Section 3 business concern. For a worker to qualify as a Targeted Section 3 worker under Housing and Community Development Programs, one of the following must be maintained: 1. An employer's confirmation that a worker's residence is within one mile of the work site or,if fewer than 5,000 peoplelive within one mile of a work site,within a circle centered on the work site that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census; 2. An employer's certification that the worker is employed by a Section 3 business concern; or 3. A worker's self-certification that the worker is a YouthBuild participant. OTHER ■ A contractor/vendor may report on Section 3 workers and Targeted Section 3 workers for five years from when theircertification as a Section 3 worker or Targeted Section 3 worker is established. ■ Income limits are individual and not household. ■ NSD's Section 3 Worker Certification Form can be used to establish eligibility as a Section 3 Worker and Targeted Section 3 Worker. ■ NSD maintains a Section 3 Resident Registry database and can assist contractors/vendors in outreach and recruitmentefforts. ■ We can identify and refer qualified Section 3 Workers and Targeted Section 3 Workers for your new hireneeds. Submit a Job Order notifying us of your hiring needs. ■ To calculate the labor hour benchmarks, see the graphics below: u // i/11, Section 3 Worker 25%Labor Hour Benchmark Goal AXk,k 4xs��.otiakMjpj'"O Targeted Section 3 Worker `to CalcuWe: %j g� 5%Labor Hour Benchmark Goal Section 3 Worker Labor Hours — — — — 25% To Calculate: Total Labor Hours Targeted Section 3 Worker Labor Hours 5% Total Labor Hours 01 ■ See HUD's Section 3 Regulation confided at 24 CFR Part 75, Labor Hour Benchmarks and FAQ at ■ Questions about completing this form can be directed to HACLA's Section 3 Compliance Administrator at IIvi_n.W. ccleyeas.conn. DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 EXHIBIT 10 Report HUD FORM 2516 Contract and Subcontract Activity Report DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871 BFDF7B8 Jul g 51 .— u evs 0-8 vii 2 rq an 6 OO 45 2 1,5 ci an '40. Os bo 0 Hd Vu -,;1 2 0 a 0 In '0 5 0. 11 to C', .5,0 F. 0 U cr on < r4 vi m cr 14A;' 0 0 ❑ E A 9b -B 0 0 og"a 80 .0 0 Pro 13!e Z I> g 7S E -0 -a 6 a t O»F. way 0�I 0 t; , 0 70 u ri 0 0 too TQ Est z U 2 m. L. z c) 0, g�4 M '9�� 0 a E C> o an 2 9 P. A E E ,g •G o O.E Vwo 0% oro a a o U n 5 t: & 0-.0 1 G 0 -0 -0 0 w.r_- 0 m ;w— 102 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees,developers,sponsors,builders,agencies,and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured;Public and Indian Housing Authorities;and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than$10,000 need be reported only if such contracts represent a significant portion of your total contracting activity.Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall,to the greatest extent feasible,be directed toward low-and very low-income persons,particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD-2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons means low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten(10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1.Grantee: Enter the name of the unit of government submitting this report. 2.Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3.Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a.Grant Number:Enter the HUD Community Development Block Grant Identification Number(with dashes).For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number. 7b.Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f,the dollar figure would be for the subcontract only and not for the prime contract. 7e. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f, the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d.Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic/gender character of the owner(s)and controller(s)of 51%of the business.When 51%or more is not owned and controlled by any single racial/ethnic/ gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7e.Woman Owned Business: Enter Yes or No. 7f. Contractor Identification (ID)Number: Enter the Employer(IRS)Number of the unique identifier for prime recipient of HUD funds.Note that the Employer(IRS)Number must be provided for each contract/subcontract awarded. 7g.Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided,the respective Prime Contractor 1D Number must also be provided. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A Section 3 contractor/subcontractor is a business concern that provides economic opportunities to low-and very low-income residents of the metropolitan area(or nonmetropolitan county),including a business concern that is 51 percent or more owned by low-or very low-income residents; employs a substantial number of low- or very low-income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youthbuild programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act. The terms "low-income persons" and"very low-income persons" have the same meanings given the terms in section 3(b)(2)of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area,as determined by the Secretary,with adjustments for smaller and larger families,except that the Secretary DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 Affidavit and Waiver of Lien by Contractor Form DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF NUECES Personally appeared before me,the undersigned authority in and for said State and County, (Name/Title) of (Name of Company) Which firm is hereinafter called "Contractor",who being duly sworn states on oath he has personal knowledge of the following: 1. Contractor has paid in full all debts, obligations, and liabilities (including, without limitation, all debts, obligations, and liabilities for labor, materials, equipment or services, and for all local, State or Federal taxes) which have been incurred by Contractor, or which are claimed by others to have been incurred by Contractor, or which have arisen in conjunction with work done, or labor, materials, equipment or services furnished by Contractor under a contract with: Agency Name Project Name (funded by the City of Corpus Christi.) 2. This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Contractor by the City of Corpus Christi under the terms of said contract. In consideration therefore, Contractor waives and releases any and all claims and any and all liens or rights to liens which Contractor has or may have against the City of Corpus Christi for amounts due and owing to Contractor by virtue of Contractor furnishing the labor, materials, equipment or services referred to above. THE ABOVE STATEMENTS ARE MADE BY__ ............(NAME) ---------------------------------------------------------------(NAME OF COMPANY) Individually and on behalf of the Contractor. (Print Name and Title) Signature (Company Name) Sworn to and subscribed before me on (Date). Notary Public State of Texas Commission Expires; DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 AFFIDAVIT AND WAIVER OF LIEN BY EACH SUBCONTRACTOR STATE OF TEXAS COUNTY OF NUECES Personally appeared before me,the undersigned authority in and for said State and County, (Name/Title) of (Name of Company) Which firm is hereinafter called "Subcontractor", who being duly sworn states on oath he has personal knowledge of the following: 2. Subcontractor has paid in full all debts, obligations, and liabilities (including, without limitation, all debts, obligations, and liabilities for labor, materials, equipment or services, and for all local, State or Federal taxes) which have been incurred by Subcontractor, or which are claimed by others to have been incurred by Subcontractor, or which have arisen in conjunction with work done, or labor, materials, equipment or services furnished under a contract with a Contractor or Agency for Project Name (funded by the City of Corpus Christi.) 3. This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Subcontractor by the City of Corpus Christi under the terms of said contract. In consideration therefore, Subcontractor waives and releases any and all claims and any and all liens or rights to liens which Subcontractor has or may have against the City of Corpus Christi for amounts due and owing to Subcontractor by virtue of Subcontractor furnishing the labor, materials, equipment or services referred to above. The above statements are made by (Name) (Name of Company) Individually and on behalf of the Subcontractor. (Print Name and Title) Signature (Company Name) Sworn to and subscribed before me on (Date). Notary Public State of Texas Commission Expires: DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 End of ATTACHMENT A DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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. Base Bid includes scarifying and reshaping approximately 1,365 square yards of the existing base course and asphalt surface and installing approximately 12,270 square feet of a 7' wide concrete walking trail, lighting along the trail and two (2) exercise stations including three fitness equipment units per station.All the improvements must be ADA compliant including a cross walk, pedestrian crossing signage and ADA ramps. 2. Alternate Bid 1 includes scarifying and reshaping approximately 1,940 square yards of the existing base course and asphalt surface and installing approximately 17,530 square feet of a 7' wide concrete walking trail, lighting along the trail and three (3) exercise stations including three fitness equipment units per station.All the improvements must be ADA compliant including a cross walk, pedestrian crossing signage and ADA ramps. 3. WORK UNDER OTHER CONTRACTS B. The following items of work are not included in this Contract, but may impact construction scheduling and completion: 1. None. C. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents, the Contractor is to base his Proposal on the most expensive listing. D. Completion of the Work described in this Contract may impact the construction and testing of the items listed above. 1. Coordinate construction activities through the OAR. 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. None. Summary of Work 011100- 1 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 10/2018 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 B. Completion of the Work described in this Contract may impact the construction of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. C. Owner will provide normal operation and maintenance of the existing facilities during construction, unless otherwise stated. 1.04 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 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 10/2018 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. Alternates: 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option of the Owner. 5. Owner may incorporate these alternates in the Contract when executed or may issue a Change Order to incorporate these alternates within 120 days at the prices offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days or other designated time period to negotiate a new price for incorporating the Work into the Project. 1.02 DOCUMENT SUBMITTALS A. Provide documents for materials furnished as part of the alternate in accordance with Article 24 of SECTION 00 72 00 GENERAL CONDITIONS. 1.03 DESCRIPTION OF ALTERNATES A. Alternate Bid 1 includes scarifying and reshaping approximately 1,940 square yards of the existing base course and asphalt surface and installing approximately 17,530 square feet of a 7'wide concrete walking trail, lighting along the trail and three(3)exercise station including three fitness equipment units per station. All the improvements must be ADA compliant including a cross walk, pedestrian crossing signage and ADA ramps. B. Bid Item D1—Mobilization (Maximum 5%): 1. Include the following costs in this Bid item: a. Transportation and setup for equipment; b. Transportation and/or erection of all field offices, sheds, and storage facilities; c. Salaries for preparation of documents required before the first Application for Payment; d. Salaries for field personnel assigned to the Project related to the mobilization of the Project; e. Demobilization; and f. Mobilization may not exceed 5 percent of the total Contract Price. Alternates and Allowances 012310- 1 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 5/2020 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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. C. Bid Item D2—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. D. Bid Item D3—Storm Water Pollution Prevention 1. Payment shall include but not be limited to furnishing and submitting the SWPPP to TCEQ and Owner and updating the Plan during the Project as needed. All permits and required fees related to the SWPPP will be included in this item. 2. Measurement for payment will be made per lump sum on the following basis: The initial pay application will include 50% of the lump sum bid amount minus retainage. The balance will be paid according to the percent of construction completion after 50% completion has occurred, minus retainage. E. Bid Item D4—Interior Traffic Control 1. Provide interior traffic control along the trail to ensure pedestrian safety while the trail is under construction, include the following costs in this Bid item: a. Preparation of Traffic Control Plans; b. Installation of required traffic control devices and signs and implement as necessary during construction activities; c. Installation of temporary pavement and or base material as required to avoid lows areas. d. Provision of necessary Traffic Control personnel. 2. Measuring for payment is on a lump sum basis. Payment for Traffic Control shall be prorated as a percentage of application for payment over the course of the Project based upon the construction duration. Alternates and Allowances 012310-2 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 5/2020 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 F. Bid Item E1—Electrical System 1. include the following costs in this Bid item: a. Furnish and install all electrical components indicated on the issued Construction Documents. This shall include but not be limited to electrical gear (load center panels, lighting contactors, timeclocks), electrical gear racks as detailed on the Drawings, pole light fixtures, light poles, light pole base foundations, existing electrical gear modifications as indicated on the Drawings, conduit, conductors, trenching required to install conduit (inclusive of backfill), required permit, etc. for a complete installation in compliance with the issued Construction Documents. b. The bid shall include all material, accessories, and labor required to install the electrical as indicated on the issued Construction Documents. c. The bid shall include energizing all electrical gear and lighting fixtures as indicated on the issued Construction Documents. 2. Measuring for payment shall be based upon total percentage of construction completed and submitted schedule of values to accompany the lump sum bid. The schedule of values shall be broken down in the following categories. Lighting(pole light fixtures and poles), light pole bases,electrical gear(as described above), electrical gear racks, conduit/conductors, existing gear modifications,trenching and backfill. G. Bid Item F4— Fitness Equipment (9 Units) Including Installation 1. include the following costs in this Bid item: a. Materials, equipment, personnel, and labor required for the installation of the individual bid item as listed below: • SGR2005-1-47-W 2-Person Accessible Vertical Press (surface mount) • SGR2005-1-48-W 2-Person Accessible Lat Press (surface mount) • SGR2005-1-48A-W 2-Person Accessible Chest Press (surface mount) • UBX-208 Butterfly (adjustable resistance) • UBX-215 Leg Press (adjustable resistance) • UBX-244 Triceps Press (adjustable resistance) • UBX-246 Chest Press (adjustable resistance) • UBX-290 Rower(adjustable resistance) • UBX-293 Bench Press (adjustable resistance) 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specification. H. Other Alternate 1 Bid Items 1. The basis of measurement and payment for other Bid Items shall be as described in the applicable Specification Sections, Construction Drawings Schedule of Values and/or BID FORM. 1.04 DESCRIPTION OF ALLOWANCES A. Base Bid Allowance—A15 Unforeseen Conditions 1. A maximum of $40,000 of the bid price to be used for unforeseen adjustments is required for the Project. Alternates and Allowances 012310-3 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 5/2020 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 B. Alternate Bid 1 Allowance—D12 Unforeseen Conditions 2. A maximum of $40,000 of the bid price to be used for unforeseen adjustments is required for the Project. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Alternates and Allowances 012310-4 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 5/2020 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 A1—Mobilization (Maximum 5%): 1. Include the following costs in this Bid item: a. Transportation and setup for equipment; b. Transportation and/or erection of all field offices, sheds, and storage facilities; c. Salaries for preparation of documents required before the first Application for Payment; d. Salaries for field personnel assigned to the Project related to the mobilization of the Project; e. Demobilization; and f. Mobilization may not exceed 5 percent of the total Contract Price. Measurement and Basis for Payment 012901- 1 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 5/2020 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 A2—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 forthis 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 A3—Storm Water Pollution Prevention 1. Payment shall include but not be limited to furnishing and submitting the SWPPP to TCEQ and Owner and updating the Plan during the Project as needed. All permits and required fees related to the SWPPP will be included in this item. 2. Measurement for payment will be made per lump sum on the following basis: The initial pay application will include 50% of the lump sum bid amount minus retainage. The balance will be paid according to the percent of construction completion after 50% completion has occurred, minus retainage. D. Bid Item A4—Interior Traffic Control 1. Provide interior traffic control along the trail to ensure pedestrian safety while the trail is under construction, include the following costs in this Bid item: a. Preparation of Traffic Control Plans; b. Installation of required traffic control devices and signs and implement as necessary during construction activities; c. Installation of temporary pavement and or base material as required to avoid lows areas. d. Provision of necessary Traffic Control personnel. 2. Measuring for payment is on a lump sum basis. Payment for Traffic Control shall be prorated as a percentage of application for payment over the course of the Project based upon the construction duration. E. Bid Item B1—Electrical System 1. include the following costs in this Bid item: a. Furnish and install all electrical components indicated on the issued Construction Documents. This shall include but not be limited to electrical gear (load center panels, lighting contactors, timeclocks), electrical gear racks as detailed on the Measurement and Basis for Payment 01 29 01-2 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 5/2020 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Drawings, pole light fixtures, light poles, light pole base foundations, existing electrical gear modifications as indicated on the Drawings, conduit, conductors, trenching required to install conduit (inclusive of backfill), required permit, etc. for a complete installation in compliance with the issued Construction Documents. b. The bid shall include all material, accessories, and labor required to install the electrical as indicated on the issued Construction Documents. c. The bid shall include energizing all electrical gear and lighting fixtures as indicated on the issued Construction Documents. 2. Measuring for payment shall be based upon total percentage of construction completed and submitted schedule of values to accompany the lump sum bid. The schedule of values shall be broken down in the following categories. Lighting(pole light fixtures and poles), light pole bases,electrical gear(as described above), electrical gear racks, conduit/conductors, existing gear modifications,trenching and backfill. F. Bid Item C4—Fitness Equipment(6 Units) Including Installation 1. include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item as listed below: • UBX-223 Sit-Up Bench • UBX-255 Arm Curl (adjustable resistance) • UBX-221 Back Extension Pro • UBX-211 Ab Toner(adjustable resistance) • UBX-217 Squat(adjustable resistance) • UBX-298 Leg Extension & Curl (adjustable resistance) 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specification. G. 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, Schedules of Values and/or BID FORM. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment 01 29 01-3 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 5/2020 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 0133 01 Submittal Register 022100 Select Material Record Data None None 022420 Silt Fence Record Data None None 025223 Crushed Limestone Flexible Base Record Data None None 025404 Asphalt,Oils&Emulsions Record Data None None 025412 Prime Coat Record Data None None 025424 Data None None 025620 Portland Cement Concrete Pavement Record Data None None 025802 Temporary Traffic Control During Construction Record Data None None 025807 Pavement Markings Record Data None None 030020 Portland Cement Concrete Record Data None None 032020 Reinforcing Steel Record Data None None 037040 Epoxy Compounds Record Data None None 038000 Concrete Structures Record Data None None 028020-T Seeding S14 Record Data None None Submittal Register 01 33 01-1 Salinas Park Improvements Poject(CDBG),Project No.852105F 10/2018 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 01 35 00 SPECIAL PROCEDURES 1.00 GENERAL 1.01 CONSTRUCTION SEQUENCE A. Perform the Work as required to complete the entire Project within the Contract Times and in the sequence stipulated below: 1. The project shall be constructed in two phases in an effort to always allow half of the existing or new walking trail to remain open. 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 1 month prior to beginning the Work. 1.03 CRITICAL OPERATIONS A. The Owner has identified critical operations that must not be out of service longer than the designated maximum time out of service and/or must be performed only during the designated times. These have been identified in the table below: Critical Operation Max.Time Hours Operation Liquidated Out of Operation can be Shut Down Damages($ per hour) B. Submit a written plan of action per Paragraph 1.02 for approval for critical operations. Special Procedures 013500- 1 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 10/2018 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 C. Work affecting critical operations is to be performed on a 24-hour a day basis until Owner's normal operations have been restored. D. Provide additional manpower and equipment as required to complete the Work affecting critical operations within the allotted time. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Special Procedures 013500-2 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 10/2018 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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 (NOT APPLICABLE) 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 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 8/2019 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 3. Prevent freezing of pipes,flooding, or the contamination of water. 4. Maintain Site security and protection of the facilities. 1.05 OPTIONS A. Construction offices may be prefabricated buildings on skids or mobile trailers. B. Storage sheds may be prefabricated buildings on skids or truck trailers. 2.00 PRODUCTS 2.01 TEMPORARY FIELD OFFICES(FIELD OFFICE NOT REQUIRED) A. The Contractor must furnish the OPT with a field office at the Site. The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30 inches by 60 inches and two chairs. The Contractor shall move the field office on the Site as required by the OAR. There is no separate pay item for the field office. B. Furnish a field office of adequate size for Contractor's use. Provide conference room space for a minimum of 10 people. C. Other trades may provide their own offices only when space is available at the Site, and the OPT agrees to its size, condition, and location. D. No monthly partial payments will be processed until OPT's field office facilities are completed and approved. 2.02 TEMPORARY STORAGE BUILDINGS A. Furnish storage buildings of adequate size to store any materials or equipment delivered to the Site that might be affected by weather. 2.03 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities at the Site from the commencement of the Project until Project conclusion. Maintain these facilities in a clean and sanitary condition at all times and comply with the requirements of the local health authority. On large sites, provide portable toilets at such locations that no point in the Site shall be more than 600 feet from a toilet. B. Use these sanitary facilities. Do not use restrooms within existing or Owner-occupied buildings. 2.04 TEMPORARY HEAT A. Provide heating devices needed to protect buildings during construction. Provide fuel needed to operate the heating devices and attend the heating devices at all times they are in operation, including overnight operations. Temporary Facilities and Controls 015000-2 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 8/2019 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 2.05 TEMPORARY UTILITIES A. Provide the temporary utilities for administration, construction, testing, disinfection, and start-up of the Work, including electrical power, water, and telephone. Pay all costs associated with furnishing temporary utilities. 1. Provide a source of temporary electrical power of adequate size for construction procedures. a. Use existing power systems where spare capacity is available. Provide temporary power connections that do not adversely affect the existing power supply. Submit connections to the OAR for approval prior to installation. b. Provide electrical pole and service connections that comply with Laws and Regulations and the requirements of the power company. 2. Provide telephone service to the Site and install telephones inside the Contractor's and the OPT's field office. 2.06 WATER FOR CONSTRUCTION A. Provide temporary water. Potable water may be purchased from the Owner by obtaining a water meter from the Owner and transporting water from a water hydrant. Non-potable water may be used for hydraulic testing of non-potable basins or pipelines. Include the cost of water in the Contract Price. B. Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Site throughout construction. 3.00 EXECUTION 3.01 LOCATION OF TEMPORARY FACILITIES A. Locate temporary facilities in areas approved by the OAR. Construct and install signs at locations approved by the OAR. Install informational signs so they are clearly visible. 3.02 PROJECT IDENTIFICATION AND SIGNS (REQUIRED) A. The Owner will furnish two Project signs to be installed by the Contractor.The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the OAR. 3.03 TEMPORARY LIGHTING A. Provide temporary lighting inside buildings once buildings are weatherproof. B. Provide lighting that is adequate to perform Work within any space. Temporary lights may be removed once the permanent lighting is in service. C. Provide portable flood lights at any time that Work will be performed outside the structure at night. Provide adequate lighting at any location Work is being performed. Temporary Facilities and Controls 015000-3 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 8/2019 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 3.04 DRINKING WATER A. Provide potable water. Provide a dispenser and cooling apparatus if bottled drinking water is provided. B. Pay for water services and maintain daily. 3.05 CONSTRUCTION FENCE A. Install and maintain a construction fence around the Site and off-site storage yards. Fence must be a minimum 6 feet high chain link construction unless shown otherwise. Provide gates with padlocks. 3.06 REMOVAL OF TEMPORARY FACILITIES A. Remove temporary buildings,sheds,and utilities at the conclusion of the Project and restore the Site to original condition or finished in accordance with the Drawings. B. Remove informational signs upon completion of construction. C. Remove Project identification signs, framing, supports, and foundations upon completion of the Project. 3.07 MAINTENANCE AND JANITORIAL SERVICE (NOT APPLICABLE) 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 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 8/2019 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 8/2019 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 8/2019 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 8/2019 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 uncontaminated area. Dispose of wash water used to wash such equipment as contaminated water. 1.08 EARTH CONTROL A. Remove excess soil, spoil materials, and other earth not required for backfill at the time of generation. Control stockpiled materials to eliminate interference with Contractor and Owner's operations. B. Dispose of excess earth off the Site. Provide written approval from the property owner for soils deposited on private property. Obtain approval of the Owner if this disposal impacts the use of Site or other easements. 1.09 OZONE ADVISORY DAYS (NOT APPLICABLE) A. Do not conduct roofing, priming, or hot-mix paving operations, except for repairs, on days the City Engineer has notified Contractor that an ozone advisory is in effect. An extension of time will be allowed for each day for which priming or hot mix paving was scheduled, crews were prepared to perform this Work and the City Engineer issued ozone alert prevents this Work. Contractor will be compensated at the unit price indicated in the Bid for each day for which an extension of time was granted due to an ozone alert. 1.10 MANAGEMENT OF WATER A. Manage water resulting from rains or ground water at the Site. Maintain trenches and excavations free of water at all times. B. Lower the water table in the construction area by acceptable means if necessary to maintain a dry and workable condition at all times. Provide drains, sumps, casings, well points, and other water control devices as necessary to remove excess water. C. Provide continuous operation of water management actions. Maintain standby equipment to provide proper and continuous operation for water management. D. Ensure that water drainage does not damage adjacent property. Divert water into the same natural watercourse in which its headwaters are located, or other natural stream or waterway as approved by the Owner. Assume responsibility for the discharge of water from the Site. E. Remove the temporary construction and restore the Site in a manner acceptable to the OAR and to match surrounding material at the conclusion of the Work. 1.11 DEWATERING A. This item is considered subsidiary for all dewatering methods other than "well pointing" to the appropriate bid items as described in the Bid Form where dewatering is needed to keep the excavation dry, as approved by the Designer, and shall include all costs to provide a dry foundation for the proposed improvements. B. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. Temporary Controls 015700-4 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 8/2019 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit overnight, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. 1.12 DISPOSAL OF CONTAMINATED GROUNDWATER (NOT APPLICABLE) A. An allowance will be included in the Bid for the unanticipated disposal of contaminated groundwater. This allowance may not be needed but is provided in case contaminated groundwater is encountered during the course of the Project and does not meet the water quality requirements for discharge into the storm water or wastewater systems. This allowance includes all materials, tools, equipment, labor, transportation, hauling, coordination, and proper disposal of the contaminated water at an approved landfill, deep water injection well, or other site as agreed to by the Designer. Suggested disposal facilities would be [US Ecology (USET) in Robstown, Texas or Texas Molecular in Corpus Christi, Texas]. B. The payment for this Work will be based on the Contractor's actual costs and will be negotiated. Payment will not include costs associated with routine dewatering, which is considered subsidiary to the appropriate bid items as described in Paragraph 1.11. 1.13 DISPOSAL OF HIGHLY CHLORINATED WATER A. Dispose of water used for testing, disinfection, and line flushing. Comply with Owner's requirements and Laws and Regulation regarding the disposal of contaminated water, including water with levels of chlorine,which exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. Temporary Controls 015700-5 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 8/2019 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 Comply with the requirements of all regulatory agencies in the disposal of all water used in the Project. Include a description and details for disposal of this water in a Plan of Action per SECTION 01 35 00 SPECIAL PROCEDURES. Do not use the Owner's wastewater system for disposal of contaminated water. 1.14 WINDSTORM CERTIFICATION A. All affected materials and installation shall comply with Texas Department of Insurance Requirements for windstorm resistant construction for design wind speed as required by the current version of the International Building Code (IBC). When applicable, Contractor shall be responsible for contracting with a licensed structural engineer in the State of Texas to perform all inspections and provide documentation for windstorm certification to the Texas Board of Insurance. The Contractor shall be responsible for providing all necessary design/assembly documentation for all new windows, doors, louvers, etc. to the windstorm engineer/inspectors required to conform with the requirements of the Texas Department of Insurance. 2.00 PRODUCTS 2.01 MATERIALS A. Provide materials that comply with Laws and Regulations. 3.00 EXECUTION 3.01 CONSTRUCTING, MAINTAINING AND REMOVING TEMPORARY CONTROLS A. Construct temporary controls in accordance with Laws and Regulations. B. Maintain controls in accordance with regulatory requirements where applicable, or in accordance with the requirements of the Contract Documents. C. Remove temporary controls when no longer required, but before the Project is complete. Correct any damage or pollution that occurs as the result of removing controls while they are still required. END OF SECTION Temporary Controls 015700-6 Salinas Park Improvements Project(CDBG), Project No.852105F Rev 8/2019 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SECTION 021020 SITE CLEARING AND STRIPPING 1. DESCRIPTION This specification shall govern all work necessary for clearing, grubbing and stripping of objectionable matter as required to complete the project, and shall include removing and disposing of trees, stumps, brush, roots, vegetation, rubbish and other objectionable matter from the project site. 2. CONSTRUCTION METHODS The site shall be cleared of all trees, stumps, brush, roots, vegetation, rubbish and other objectionable matter as indicated on the drawings and/or as directed by the Engineer or his designated representative. Tree stumps and roots shall be grubbed to a minimum depth of 2 feet below natural ground or 2 feet below base of subgrade, whichever is lower. Areas that underlie compacted backfill shall be stripped of all vegetation, humus and other objectionable matter encountered within the top six (6) inches of the soil. All material removed from the site under this operation shall become the Contractor's responsibility. The material shall be disposed of either at a disposal site indicated on the drawings or at a disposal site obtained by the Contractor. 3. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, site clearing and stripping or clear right-of-way shall be measured by the acre. Payment shall be full compensation for all labor, equipment, tools and incidentals necessary for removing,handling, and disposing of objectionable matter from the site as indicated above. 021020 Page 1 of 1 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SECTION 021040 SITE GRADING 1. DESCRIPTION This specification shall govern all work necessary for backfill and grading of the site to complete the project. 2. CONSTRUCTION METHODS Prior to site grading, the site shall be cleared in accordance with City Standard Specification Section 021020 "Site Clearing and Stripping". Unless specified otherwise on the drawings, the existing surface shall be loosened by scarifying or plowing to a depth of not less than six(6) inches. The loosened material shall be recompacted with fill required to bring the site to the required grades and elevations indicated on the plans. Fill shall be uniform as to material, density and moisture content. Fill shall be free of large clods, large rocks, organic matter, and other objectionable material. No fill that is placed by dumping in a pile or windrow shall be incorporated into a layer in that position; all such piles and windrows shall be moved by blading or similar method. All fill shall be placed in layers approximately parallel to the finish grade in layers not to exceed six (6) inches of uncompacted depth, unless indicated otherwise on drawings. The fill shall be compacted to a density which approximates that of natural ground unless indicated otherwise on drawings. The Engineer may order proof rolling to test the uniformity of compaction. All irregularities, depressions and soft spots that develop shall be corrected by the Contractor. Excess material from excavation, which is not incorporated into the site as fill, shall be become property of the Contractor and disposed of away from the job site, unless indicated otherwise on the drawings. 3. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, site grading shall not be measured for pay,but shall be considered subsidiary to other work. 021040 Page 1 of 1 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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. Tyne 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 SECTION 025202 SCARIFYING AND RESHAPING BASE COURSE 1. DESCRIPTION "Scarifying and Reshaping Base Course" shall consist of scarifying and reshaping the existing base course(with or without asphalt surface)to the line,grade and section as indicated on the drawings. 2. CONSTRUCTION METHODS The existing base and surface shall be scarified to the width and depth indicated on the drawings. Subgrade shall remain undisturbed, unless indicated otherwise on the drawings. Any asphalt surfacing shall be broken into particles no larger than 2 '/2 inches. The asphalt surfacing shall then be uniformly mixed with the existing base. Additional base material, where required to achieve the lines and grades shown on the drawings, shall also be added to and uniformly mixed with the existing scarified base material. If indicated on the drawings, geogrid shall be installed in the pavement section. The base material shall be shaped and rolled after mixing and allowed to set at least 48 hours before final compaction. Moisture content shall be maintained in the material during the 48-hour period. Material shall be sprinkled with water or aerated to optimum moisture content and compacted in layers (10-inch maximum loose depth) to a minimum density of 98% Modified Proctor density (AASHTO T180), at a moisture content on the wet side of optimum (+3% maximum). Use mechanical tamps in areas inaccessible to rollers. Upon completion of compaction, the surface shall be smooth and shall conform to line, grade and section as 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 re-compacting by sprinkling and rolling. Moisture content shall be maintained on the wet side of optimum(+3%maximum)until paving is complete. if fe"ir-ed, lime shall be applied in the amount ifidieated on the drawings. Lime shall be applied and the t+eated base mixed, eufed, eeWaeled and finished in aeeefdaffee with c4y Standaf 3. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, scarifying and reshaping base course shall not be measured and paid for separately but shall be subsidiary to other work. 025202 Page 1 of 1 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SECTION 025205 PAVEMENT REPAIR, CURB, GUTTER, SIDEWALK AND DRIVEWAY REPLACEMENT 1. DESCRIPTION This specification shall govern the removal and replacing of all types of pavements and surfacing required to complete the project. 2. MATERIALS Unless otherwise specified on the drawings, materials and proportions used along with this specification shall conform to the respective following specifications: City Standard Specifications Seetieir0z20LA afid Bzenf;» f U44nifes" Section 022100 "Select Material" Section 025223 "Crushed Limestone Flexible Base" Section 025424 "Hot Mix Asphaltic Concrete Pavement" Section 025612 "Concrete Sidewalks and Driveways" Section 025620"Portland Cement Concrete Pavement" Section 030020 "Portland Cement Concrete", Class "A" Concrete Section 032020 "Reinforcing Steel" Section 038000 "Concrete Structures". 3. METHOD OF CUTTING The outline of the trench shall be marked upon the surface of the pavement to be cut, and all cuts into the pavement shall be saw-cut as nearly vertical as it is possible to make them. All unwanted materials removed shall be disposed of by the Contractor and shall not be used as backfill material. 4. BACKFILL OF TRENCH 022020 "Exe�wmatieii aaid Baekf'„�Ut4ities" 025205 Page 1 of 4 Rev.11-9-2016 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 5. REPLACING STREET AND OTHER PAVEMENT All pavements, driveways, sidewalks, and curbs and gutters which are cut shall be replaced in a workmanlike manner, with like or better materials or per pavement repair details to be provided on the drawings. Pavement cuts in a street for any utility requires a permit from the Director of Development Services in accordance with City Ordinance 030040, Article III Cuts and Excavations (12-17-2013). The installation of a utility that crosses the ROW at a perpendicular or near perpendicular angle and has an OD of 6" or less will not be permitted to be installed by cutting the road section. Street excavation/cut for a utility in an asphalt roadway shall include a full lane overlay or pavement repair for parallel cuts, or a 12' wide pavement repair for perpendicular cuts. Street excavation/cut for a utility in a concrete roadway shall include full panel replacement. The drawings and/or permit application should include a site specific pavement cut and restoration plan that indicates the general nature of the pavement and roadway (for examples, concrete arterial, asphalt residential) to be cut and restored, the existing pavement section (if known), the location and approximate area of the excavation/pavement repair, including the approximate length and width of the pavement repair in relation to the roadway travel lane(s). 6. REPLACING DRIVEWAY PAVEMENT On all concrete driveway pavements, the replacement shall consist of a reinforced Class "A" concrete slab with a minimum thickness of six (6)inches. The type of finish for the replaced section shall be the same as that appearing on the old pavement. Reinforcement shall be #4 bars at 12 inches each way with additional diagonal bars as indicated on the drawings. Any other type shall be replaced with like or better replacement. Replacement shall, in general, be to original joint or score mark. 7. REPLACING SIDEWALKS On all sidewalk pavements, the replacement shall consist of a reinforced Class "A" concrete slab four (4) inches thick. The type of finish for the replaced section shall be the same as that appearing on the old sidewalk. Replacement shall, in general, be to original joint or score marks. Reinforcement shall be 4" x 4" - W2.9 x W2.9 welded wire fabric located at mid-depth in the slab. 8. REPLACING CURB AND GUTTER On all curb and gutter, the replacement shall consist of a section conforming in all details to the original section or to City of Corpus Christi Standard curb and gutter section, if required by the Engineer. Cuts through the curb shall be replaced with Class "A" concrete. Preserve the original steel reinforcing and reinforce all new curbs with three#4 bars. Adjust grades for positive drainage. Replacement shall, in general, be to original joint or score mark. For jointed concrete roadways, the joints in curb or in curb and gutter should match the concrete roadway joints. 025205 Page 2 of 4 Rev.11-9-2016 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 9. REPAIRING STREET SHOULDERS AND UNIMPROVED STREETS On streets or roads without curb and gutter where a shoulder is disturbed, it shall be restored to like or better condition. The shoulder surface shall be rolled to an acceptably stable condition. The requirements of City Ordinance 030040 as stated above apply also to unimproved streets unless a specific variance is granted by the Director of Development Services. 10. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, pavement repair shall be measured by the square yard of the type of repair specified; curb and gutter replacement shall be measured by the linear foot; and sidewalk and driveway replacement shall each be measured by the square foot. Payment will be made at the unit price bid for the completed work and shall be full compensation for all labor, materials, equipment, tools, and incidentals required to complete the work. No separate measurement or payment will be made for subgrade compaction, sand leveling course, geogrid, ordinary backfill, cement-stabilized sand backfill, flexible base,prime coat,hot-mix asphaltic concrete, etc. 025205 Page 3 of 4 Rev.11-9-2016 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 THIS PAGE INTENTIONALLY LEFT BLANK 025205 Page 4 of 4 Rev.11-9-2016 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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. 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 (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+I%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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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. 025412 Page 1 of 2 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 Prime shall be applied at a temperature within the recommended range per City Standard 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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. Agars e-ante. 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 maybe 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 job-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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 and stable. The sieve analysis of the job-mix shall be within the range of the Master Gradation and Tolerances specified herein. The job-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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 * 2-8 when TxDOT Test Method Tex-200-F,Part 11(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 job-mix shall not exceed the following limits, except as noted above: Item: Tolerances Percent by Weight or Volume 1" 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. MixingPlants. 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. LUdown 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 flow 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 job-mi 5.4. Mixing. 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 j 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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. Placing. 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 greater 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 rejected 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SECTION 025612 CONCRETE SIDEWALKS AND DRIVEWAYS 1. DESCRIPTION This specification shall consist of sidewalks and driveways, with or without reinforcing steel, composed of Portland cement concrete,constructed as herein specified on an approved subgrade,in conformity with the lines and grades established by the Engineer and the details shown on the drawings. 2. MATERIALS Materials and proportions used in construction under this item shall conform to the requirements as specified for Class"A"concrete under City Standard Specification Section 030020"Portland Cement Concrete". Reinforcing steel shall conform to the requirements as specified in City Standard Specification Section 032020 "Reinforcing Steel". Expansion joint filler shall be redwood meeting the requirements specified in City Standard Specification Section 038000"Concrete Structures". Cap seal shall be "Greenstreak" or approved equal. 3. CONSTRUCTION METHODS The subgrade shall be excavated, compacted and shaped to line, grade and cross-section and hand tamped and sprinkled with water. Subgrade under concrete sidewalks and driveways shall be compacted to not less than 95% Standard Proctor density. The subgrade shall be within 0-3% of optimum moisture content at the time the concrete is placed. Forms shall be of wood or metal, of a section satisfactory to the Engineer, straight, free from warp, and of a depth equal to the thickness of the finished work. They shall be securely staked to line and grade and maintained in a true position during the depositing of concrete. The reinforcing steel shall be placed in position as shown on the drawings. Care shall be exercised to keep all reinforcing steel in its proper location. Driveways shall incorporate the gutter in a unified concrete placement as shown in the City Standard Detail for driveways. Sidewalks shall be constructed in sections of the lengths shown on drawings. Unless otherwise provided by the drawings,no section shall be of a length less than 8 feet, and any section less than 8 feet shall be removed by the Contractor at his own expense. 025612 Page 1 of 2 Rev.3-25-2015 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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 j ointing 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 conforining to ASTM Designation: C150, modified as follows: Unless otherwise specified by the Engineer, the specific surface area of Type I and 11 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 11 cement shall be used unless Type 11 is specified on the plans. Except when Type 11 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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 3of5 Rev.3-25-2015 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 1 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 Stren h Stren h Ratio A ue�Tate P* 450 psi(7 days) 3200 psi(7 days) 5.6 gal./sack No.2(1%') 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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 5of5 Rev.3-25-2015 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SECTION 025802 TEMPORARY TRAFFIC CONTROLS DURING CONSTRUCTION 1. DESCRIPTION This specification shall govern all work required for Temporary Traffic Controls during construction. The work shall include furnishing, installing, moving, replacing, and maintaining all temporary traffic controls including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary detours, temporary striping and markers, flagger, temporary drainage pipes and structures, blue business signs, and such temporary devices as necessary to safely complete the project. 2. MATERIALS Traffic control devices shall conform to the latest edition of the "Texas Manual on Uniform Traffic Control Devices",unless indicated otherwise on the Traffic Control Plan. 3. METHODS Sufficient traffic control measures shall be used to assure a safe condition and to provide a minimum of inconvenience to motorists and pedestrians. If the Traffic Control Plan (TCP) is included in the drawings, any changes to the TCP by the Contractor shall be prepared by a Texas licensed professional engineer and submitted to the City Traffic Engineer for approval, prior to construction. If the TCP is not included in the drawings, the Contractor shall provide the TCP prepared by a Texas licensed professional engineer and submit the TCP to the City Traffic Engineer for approval,prior to construction. The Contractor is responsible for implementing and maintaining the traffic control plan and will be responsible for furnishing all traffic control devices, temporary signage and ATSSA certified flaggers. The construction methods shall be conducted to provide the least possible interference to traffic so as to permit the continuous movement of traffic in all allowable directions at all times. The Contractor shall cleanup and remove from the work area all loose material resulting from construction operations at the end of each workday. All signs, barricades, and pavement markings shall conform to the BC standard sheets, TCP sheets and the latest version of the "Texas Manual on Uniform Traffic Control Devices". The Contractor may be required to furnish additional barricades, signs, and warning lights to maintain traffic and promote motorists safety. Any such additional signs and barricades will be considered subsidiary to the pay item for traffic control. All signs, barricades, and posts will be either new or freshly painted. The contractor and any traffic control subcontractor must be ATSSA certified for Traffic Control. 025802 Page 1 of 3 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 A competent person, responsible for implementation of the TCP and for traffic safety, shall be designated by the Contractor. The name and off-hours phone number of the competent person shall be provided in writing at the Pre-Construction Conference. The competent person shall be on site, during working hours and on call at all times in the event of off-hour emergency. The contractor must provide temporary blue sign boards that direct traffic to businesses and driveways during each phase of construction— see example below. The sign boards may be either skid mounted or barrel mounted. The City will assist the contractor in determining which businesses and driveways will receive signage during various construction phases. The provision, installation, and removal of signage will be considered to be subsidiary to the contract items provided for"Traffic Control." Example Blue Sign 24* 1 ...... A.. � ..A. ....w IW I VANDARIN GARDIN ------------ 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Forin, 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 3of3 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 11 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 I markings. Type Il 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 025807 Page 1 of 3 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 spattering and within the limits for straightness set forth herein. 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 025807 Page 2 of 3 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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 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 marling 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SECTION 028340 CHAIN LINK SECURITY FENCE 1. DESCRIPTION This specification shall govern all work and materials required for providing chain link security fence for this project. 2. MATERIALS Wire Fabric fencing shall be 9 gauge steel with a minimum tensile strength of 80,000 psi. Mesh size shall be 2-inch - 1/16 inch between parallel wires. Top edge of fabric shall be twisted and barbed on 6 foot height fencing and shall be knuckled salvage on 4 foot fencing. Bottom edge of all fencing shall be twisted and barbed. Tie clips of 6-gauge steel shall be furnished in sufficient quantity to fasten fabric to top tension wire or to top rail at 24-inch intervals. Ties shall be furnished to fasten the fabric to bottom tension wire at 24 inch intervals. The fabric shall be tied to line posts at 15-inch intervals. Line Post shall be provided at a maximum spacing of 10 feet and be of the following sizes: Fabric Height Pibe Size H-Beam Section Embedment Size Wt./Ft. Size Lemon th 4 ft. 1.90" O.D. 2.72# 1.875" x 1.625" 2.70# 24" 6 ft. 2.375"O.D. 3.65# 2.25" x 1.95" 4.10# 30" Corner Post and End Post shall be of the following sizes: Fabric Height Pine Section Embedment Lenuth Size Wt./Ft. 4 ft. 2.375" O.D. 3.65# 30" 6 ft. 2.875" O.D. 5.79# 42" 028340 Page 1 of 6 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Gate Post shall be of the following sizes: Gate Leaf Pipe Section Embedment Len tgth Size Wt./Ft. to 6 ft. 2.875" O.D. 5.79# 36" 6 to 13 ft. 4.0 " O.D. 9.10# 42" 13 to 18 ft. 6.625" O.D. 18.97# 48" Post caps for pipe sections shall be designed to exclude all moisture. Where barbed wire is specified, extension arms shall be integral with post caps. Where top rail is specified,post caps shall have an opening for top rail. All posts caps shall have a 2-inch skirt for rigidity. Top rail, where called for, shall be 1.625 inch O.D. steel pipe weighing 2.27#/foot. Top rail shall be furnished in random lengths not less than 18 feet per section and shall be joined with outside sleeve, steel couplings not less than 6 inches long and having a wall thickness of not less than 0.70 inch. Couplings shall be designed to allow for expansion movement of the top rail. Tension wire for top finish, where no top rail is specified, shall be 7-gauge high carbon steel wire. Tension wire shall be furnished for bottom edge of all fence fabric. Trussed bracing shall be furnished for each panel adjacent to a terminal, pull, corner, or gatepost. Compression member shall be 1.625 inch O.D. pipe as specified for top rail material. Tension members shall be 3/8 inch diameter steel rods with turnbuckles. For 6-foot fences with top tension wire,braced panels shall consist of horizontal pipe brace, located approximately 4 inches below top of fabric, a diagonal pipe brace, attached at the midpoint of the terminal post and at the bottom of the adjacent line post, and a truss rod, attached to the top of the adjacent line post, extending diagonally to the bottom of the terminal post. For 6-foot fences with top rail, braced panels shall consist of a horizontal pipe brace, midway between top and bottom of fence fabric, with a truss rod expending from midpoint of the line post diagonally to bottom of terminal post. Four-foot fences with top rail shall be braced with a truss rod connected to the bottom of the terminal post and extending to top of adjacent line posts. Four-foot fences without top rail shall have a horizontal brace pipe at the top of adjacent line posts. Four-foot fences without top rail shall have a horizontal brace pipe at the top of the fabric and a diagonal truss rod installed as described above. 028340 Page 2 of 6 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 Gates shall be fabricated from 1.90 inch O.D.pipe weighing 2.72#/foot. Fabric on gates shall be the same as that specified for fencing. The following accessories shall be furnished for each gate: Corner and tee fittings of malleable iron or pressed steel having means for attaching diagonal bracing members. Hinges of malleable iron providing for full 180 degree swing with bottom hinges to be ball and socket type. Diagonal braces consisting of 3/8 inch diameter truss rods with turnbuckles, two to each gate frame. Vehicle gates shall have vertical 1.90 inch O.D. pipe brace at center of each gate leaf. Latches for single gates shall have a single fork latch with padlock eye; double leaf gates shall have two fork latches mounted on center plunger rod with padlock eye. Hold backs shall be provided for each leaf of vehicular gates, employing a semi- automatic hold back catch to be anchored at least 12 inches into a 12 inch diameter by 24 inch deep concrete footing. A malleable iron center rest, designed to receive the plunger rod, to be anchored at least 12 inches into a 12-inch diameter by 24 inch deep concrete footing, shall be provided for all double leaf gates. The top of all gate frames shall align with the fencing top rail. Vehicular gates shall be 4 inches greater in overall height than the adjacent fencing so as to extend to within 2 inches of pavement between 6-inch curbs, if curbs are designated on the plans. Barbed wire,where specified, shall be 12 gauge with barbs spaced approximately 5 inches apart. Three strands of barbed wire will be required where barbed wire top is specified. Barbed wire support arms shall be at an angle of 45 degrees from vertical and shall have clips for attaching 3 strands of barbed wire. Each support arm shall be of sufficient strength to support a 200 lb. weight applied at the outer strand of barbed wire. Stretcher bars shall not be less than 3/16" inch by 3/4" inch flat steel and not more than 2 inches shorter than the fabric height. One stretcher bar shall be provided for each gate and end post. Two stretcher bars shall be provided for each corner and pull posts. Stretcher bars shall be attached to terminal posts with 1 inch x 1/8 inch flat 028340 Page 3of6 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 steel bands with 3/8 inch carriage bolts at intervals not exceeding 15 inches. Miscellaneous fittings and fasteners shall be furnished in sufficient quantities to erect all fencing materials in a proper manner. Approval of fence materials shall be obtained from the Engineer prior to erection. Galvanizing and Aluminum Coating. All material used in "Chain Link Security Fence" shall be hot dip zinc coated as specified by the following, except that the fabric may be aluminum coated: All posts and pipe: ASTM Designation: A 120 (1.8 oz/sf). All H-beam sections: ASTM Designation: A 123 (2.0 oz/sf). Fence fabric: ASTM Designation: A 392, Class 1 (1.2 oz/sf) or ASTM Designation: A 491 (0.40 oz/sf). Tension wire,barbed wire: ASTM Designation: A 121, Class III(0.80 oz/sf). Post caps, stretcher bars,miscellaneous fittings: ASTM Designation: A 153. Weight of zinc coating for all items shall be determined in accordance with ASTM Test Designation: A 90 except for core wire which shall have a galvanized coating weighing not less than 0.35 ounces of zinc per square foot. Field welds and cuts shall be touched-up with an approved zinc coating. 3. CONSTRUCTION METHODS Clearing and Grading. The Contractor shall perform all clearing of brush, rocks and debris which may be necessary for the installation of this fencing. The Engineer will stake out the locations for corner posts and terminal posts in this installation. The fencing panels between corner and terminal posts shall generally follow the finished ground elevations. However, the Contractor shall grade off minor irregularities in the path of the fencing as necessary to limit the variation of grade under the bottom edge of fence fabric to a distance of not more than six inches and not less than two inches to the ground. Post Spacing. Maximum spacing for line posts shall be 10 feet 0 inches. Pull posts shall be located not more than 500 feet apart and at each change in direction exceeding 20 degrees,both horizontally and vertically. Runs of fencing over 500 feet but less than 1,000 feet shall have a pull post in the center of the run. Postholes. Holes for concrete footings for all posts shall be drilled to the dimensions listed in the following tables: 028340 Page 4 of 6 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Holes for Line and End Posts Type Post Fabric Height Min.Hole Min.Hole Post Diameter Depth Embedment Line 4' 9" 30" 24" Line 6" 10" 36" 30" End 4' 12" 36" 30" End 6' 12" 48" 42" Holes for Gate Posts Gate Post Size Min. Hole Min. Hole Depth Post Diameter Embedment 2.875" O.D. x 5.79# 12" 42" 36" 4" O.D. x 9.10# 18" 48" 42" 6.625" O.D. x 18.97# 18" 54" 48" Where solid rock is encountered without an overburden of soil, line posts shall be set a minimum depth of 12 inches, and end, corner, gate and pull posts a minimum of 18 inches into the solid rock. The hole shall have a minimum diameter one inch greater than the largest dimension of the post section to be set. After the post is set and plumbed, the hole shall be filled with grout consisting of one part Portland cement and three parts clean, well-graded sand. Other grouting materials may be used if approved or specified by the Engineer. The grout shall be thoroughly worked into the hole so as to leave no voids. The grout shall be crowned to carry water from the post. Where solid rock is covered by an overburden of soil or loose rock, the posts shall be set to the full depth shown in Table above unless the penetration into solid rock reaches the minimum depths specified above, in which case, the depth of penetration may be terminated. Concrete footings shall be constructed from the solid rock to the top of the ground. Grouting will be required on the portion of the post in solid rock. Excavated material from footings shall be removed from the job site by the Contractor. Concrete for Footings. Concrete for footings shall be Class "B" concrete in accordance with Section 030020, unless otherwise specified on plans. All concrete footings shall be cast up to finish grade and crowned 2 inches to shed water. Excess concrete not used in the footings, and any other construction debris, shall be removed from the site. Fabric Erection. The fence fabric shall be erected by securing one end and applying sufficient 028340 Page 5of6 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 tension to the other end to remove all slack before making attachments. The fabric shall be cut and each span shall be attached independently at all corner posts and pull posts. Fastening to end, pull, corner and gateposts shall be with stretcher bars which shall be secured to the posts with stretcher bar bands at intervals not exceeding 15 inches. Fence fabric shall generally follow the finished contour of the site with the bottom edge of fabric located 2 inches above the grade. In uneven areas, the ground shall be graded so that the maximum distance between bottom of fabric and ground in limited to 6 inches. Electricrte. Grounding rods shall be at least 5/8 inch diameter by 8 feet long "copperweld" rods driven or drilled into the soil so that the top of the rod is approximately 6 inches below grade. A No. 6 solid copper conductor shall be clamped to the ground rod and the bottom tension wire of the fence with cast bronze clamps with bronze or stainless steel bolts and washers. Each 1,000-foot of fence shall be provided with a ground located near the center of the run. At least one electrical ground shall be installed for each fenced closure. A ground shall be provided directly under the point where a power line passes over the fence. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, chain link security fence shall be measured by the linear foot. Measurement shall include but not be limited to furnishing and erecting all fence materials, gates, caps, concrete, ground wires, and cleanup. Payment shall be made at the unit price bid and shall fully compensate the Contractor for all materials required, all labor, all tools, all equipment and all other incidentals required to complete the work as shown on the contract drawings and as specified herein. 028340 Page 6of6 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SECTION 030020 PORTLAND CEMENT CONCRETE 1. DESCRIPTION This specification shall govern for the materials used; for the storing and handling of materials; and for the proportioning and mixing of concrete for culverts, manholes, inlets, curb and gutter, sidewalks, driveways, curb ramps, headwalls and wingwalls, riprap, and incidental concrete construction. The concrete shall be composed of Portland cement, aggregates (fine and coarse), admixtures if desired or required, and water,proportioned and mixed as hereinafter provided. 2. MATERIALS (1) Cement The cement shall be either Type I, II or III Portland cement conforming to ASTM Designation: C150,modified as follows: Unless otherwise specified by the Engineer, the specific surface area of Type I and 11 cements shall not exceed 2000 square centimeters per gram(Wagner Turbidimeter— TxDOT Test Method Tex-310-D). For concrete piling, the above limit on specific surface area is waived for Type II cement only. The Contractor shall furnish the Engineer, with each shipment, a statement as to the specific surface area of the cement expressed in square centimeters per gram. For cement strength requirements, either the flexural or compressive test may be used. Either Type I or II cement shall be used unless Type II is specified on the plans. Except when Type II is specified on the plans, Type III cement may be used when the anticipated air temperature for the succeeding 12 hours will not exceed 60°F. Type III cement may be used in all precast prestressed concrete, except in piling when Type II cement is required for substructure concrete. Different types of cement may be used in the same structure, but all cement used in any one monolithic placement shall be of the same type and brand. Only one brand of each type will be permitted in any one structure unless otherwise authorized by the Engineer. Cement may be delivered in bulk where adequate bin storage is provided. All other cement shall be delivered in bags marked plainly with the name of the manufacturer and the type of cement. Similar information shall be provided in the bills of lading accompanying each shipment of packaged or bulk cement. Bags shall contain 94 pounds net. All bags shall be in good condition at time of delivery. All cement shall be properly protected against dampness. No caked cement will be accepted. Cement remaining in storage for a prolonged period of time may be retested and rejected if it fails to conform to any of the requirements of these specifications. 030020 Page 1 of 13 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 (2) Mixing Water Water for use in concrete and for curing shall be free from oils, acids, organic matter or other deleterious substances and shall not contain more than 1000 parts per million of chlorides as CL nor more than 1000 parts per million of sulfates as 5O4. Water from municipal supplies approved by the State Health Department will not require testing, but water from other sources will be sampled and tested before use in structural concrete. Tests shall be made in accordance with the "Method of Test for Quality of Water to be Used in Concrete" (AASHTO Method T26), except where such methods are in conflict with provisions of this specification. (3) Coarse Aggregate Coarse aggregate shall consist of durable particles of gravel, crushed blast furnace slag, crushed stone, or combinations thereof, free from frozen material or injurious amount of salt, alkali, vegetable matter, or other objectionable material either free or as an adherent coating; and its quality shall be reasonably uniform throughout. It shall not contain more than 0.25 percent by weight of clay lumps, nor more than 1.0 percent by weight of shale, nor more than 5 percent by weight of laminated and/or friable particles when tested in accordance with TxDOT Test Method Tex-413-A. It shall have a wear of not more than 40 percent when tested in accordance with TxDOT Test Method Tex-410-A. Unless otherwise specified on the plans, coarse aggregate will be subjected to five cycles of the soundness test in accordance with TxDOT Test Method Tex-411-A. The loss shall not be greater than 12 percent when sodium sulfate is used, or 18 percent when magnesium sulfate is used. Permissible sizes of aggregate shall be governed by Table 4 and Table 1, except that when exposed aggregate surfaces are required, coarse aggregate gradation will be as specified on the plans. When tested by approved methods, the coarse aggregate, including combinations of aggregates when used, shall conform to the grading requirements shown in Table 1. 030020 Page 2 of 13 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 TABLE 1 Coarse Aggregate Gradation Chart Percent Retained on Each Sieve Aggregate Nominal 2-�/z 2 1-�/z 1 3/4 1/2 3/8 Grade No. Size In. In. In. In. In. In. In. No. 4 No. 8 1 2 in. 0 0 to 15 60 to 95 to 20 to 80 100 50 2 (467)* 1-'h in. 0 0 30 to 70 95 to to 65 to 100 5 90 4 (57)* 1 in. 0 0 40 90 to 95 to to to 100 100 5 75 8 3/8 in. 0 0 to 35 to 90 to 5 80 100 *Numbers in parenthesis indicate conformance with ASTM C33. The aggregate shall be washed. The Loss by Decantation (TxDOT Test Method Tex-406-A) plus the allowable weight of clay lumps, shall not exceed one percent, or the value shown on the plans, whichever is smaller. (4) Fine Aggregate Fine aggregate shall consist of clean, hard, durable and uncoated particles of natural or manufactured sand or a combination thereof, with or without a mineral filler. It shall be free from frozen material or injurious amounts of salt, alkali, vegetable matter or other objectionable material and it shall not contain more than 0.5 percent by weight of clay lumps. When subjected to the color test for organic impurities (TxDOT Test Method Tex-408-A), it shall not show a color darker than standard. The fine aggregate shall produce a mortar having a tensile strength equal to or greater than that of Ottawa sand mortar when tested in accordance with TxDOT Test Method Tex-317-D. Where manufactured sand is used in lieu of natural sand for slab concrete subject to direct traffic, the acid insoluble residue of the fine aggregate shall be not less than 28 percent by weight when tested in accordance with TxDOT Test Method Tex-612-J. When tested by approved methods, the fine aggregate or combination of aggregates, including mineral filler, shall conform to the grading requirements shown in Table 2. 030020 Page 3 of 13 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 TABLE 2 Fine Aggregate Gradation Chart Percent Retained on Each Sieve Aggregate Grade No. 3/8 In. No. 4 No. 8 No. 16 No. 30 No. 50 No. 100 No. 200 1 0 0 to 5 0 to 20 15 to 50 35 to 75 70 to 90 90 to 100 97 to 100 NOTE 1: Where manufactured sand is used in lieu of natural sand, the percent retained on the No. 200 sieve shall be 94 to 100. NOTE 2: Where the sand equivalent value is greater than 85, the retainage on the No. 50 sieve may be 70 to 94 percent. Fine aggregate will be subjected to the Sand Equivalent Test (TxDOT Test Method Tex-203-F). The sand equivalent shall not be less than 80 nor less than the value shown on the plans, whichever is greater. For concrete Classes `A' and `C', the fineness modulus as defined below for fine aggregates shall be between 2.30 and 3.10. The fineness modulus will be determined by adding the percentages by weight retained on the following sieves, and dividing by 100; Nos. 4, 8, 16, 30, 50 and 100. (5) Mineral Filler Mineral filler shall consist of stone dust, clean crushed sand, or other approved inert material. (6) Mortar(Grout) Mortar for repair of concrete shall consist of 1 part cement, 2 parts finely graded sand, and enough water to make the mixture plastic. When required to prevent color difference, white cement shall be added to produce the color required. When required by the Engineer, latex adhesive shall be added to the mortar. (7) Admixtures Calcium Chloride will not be permitted. Unless otherwise noted, air-entraining, retarding and water-reducing admixtures may be used in all concrete and shall conform to the following requirements: A "water-reducing, retarding admixture" is defined as a material which, when added to a concrete mixture in the correct quantity, will reduce the quantity of mixing water required to produce concrete of a given consistency and will retard the initial set of the concrete. A "water-reducing admixture" is defined as a material which, when added to a concrete mixture in the correct quantity, will reduce the quantity of mixing water required to produce concrete of a 030020 Page 4 of 13 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 given consistency. (a) Retarding and Water-Reducing Admixtures. The admixture shall meet the requirements for Type A and Type D admixture as specified in ASTM Designation: C494,modified as follows: (1) The water-reducing retarder shall retard the initial set of the concrete a minimum of 2 hours and a maximum of 4 hours, at a specified dosage rate, at a temperature of 90°F. (2) The cement used in any series of tests shall be either the cement proposed for specific work or a "reference" Type I cement from one mill. (3) Unless otherwise noted on the plans, the minimum relative durability factor shall be 80. The air-entraining admixture used in the referenced and test concrete shall be neutralized Vinsol resin. (b) Air-Entraining Admixture. The admixture shall meet the requirements of ASTM Designation: C260, modified as follows: (1) The cement used in any series of tests shall be either the cement proposed for specific work or a "reference" Type I cement from one mill. (2) Unless otherwise noted on the plans, the minimum relative durability factor shall be 80. The air-entraining admixture used in the referenced concrete shall be neutralized Vinsol resin. 3. STORAGE OF CEMENT All cement shall be stored in well-ventilated weatherproof buildings or approved bins, which will protect it from dampness or absorption of moisture. Storage facilities shall be ample, and each shipment of packaged cement shall be kept separated to provide easy access for identification and inspection. The Engineer may permit small quantities of sacked cement to be stored in the open for a maximum of 48 hours on a raised platform and under waterproof covering. 4. STORAGE OF AGGREGATE The method of handling and storing concrete aggregate shall prevent contamination with foreign materials. If the aggregates are stored on the ground, the sites for the stockpiles shall be clear of all vegetation and level. The bottom layer of aggregate shall not be disturbed or used without recleaning. 030020 Page 5 of 13 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 When conditions require the use of two or more sizes of aggregates, they shall be separated to prevent intermixing. Where space is limited, stockpiles shall be separated by physical barriers. Methods of handling aggregates during stockpiling and subsequent use shall be such that segregation will be minimized. Unless otherwise authorized by the Engineer, all aggregate shall be stockpiled at least 24 hours to reduce the free moisture content. 5. MEASUREMENT OF MATERIALS The measurement of the materials, except water, used in batches of concrete, shall be by weight. The fine aggregate, coarse aggregate and mineral filler shall be weighed separately. Where bulk cement is used, it shall be weighed separately, but batch weighing of sacked cement will not be required. Where sacked cement is used, the quantities of material per batch shall be based upon using full bags of cement. Batches involving the use of fractional bags will not be permitted. Allowance shall be made for the water content in the aggregates. Bags of cement varying more than 3 percent from the specified weight of 94 pounds may be rejected, and when the average weight per bag in any shipment, as determined by weighing 50 bags taken at random, is less than the net weight specified, the entire shipment may be rejected. If the shipment is accepted, the Engineer will adjust the concrete mix to a net weight per bag fixed by an average of all individual weights which are less than the average weight determined from the total number weighed. 6. CLASSIFICATION AND MIX DESIGN It shall be the responsibility of the Contractor to furnish the mix design, using a coarse aggregate factor acceptable to the Engineer, for the class(es) of concrete specified. The mix shall be designed by a qualified concrete technician to conform with the requirements contained herein and in accordance with the THD Bulletin C-11. The Contractor shall perform, at his own expense, the work required to substantiate the design, except the testing of strength specimens, which will be done by the Engineer. Complete concrete design data shall be submitted to the Engineer for approval. It shall also be the responsibility of the Contractor to determine and measure the batch quantity of each ingredient, including all water, so that the mix conforms to these specifications and any other requirements shown on the plans. Trial batches will be made and tested using all of the proposed ingredients prior to placing the concrete, and when the aggregate and/or brand of cement or admixture is changed. Trial batches shall be made in the mixer to be used on the job. When transit mix concrete is to be used, the trial designs will be made in a transit mixer representative of the mixers to be used. Batch size shall not be less than 50 percent of the rated mixing capacity of the truck. Mix designs from previous or concurrent jobs may be used without trial batches if it is shown that 030020 Page 6 of 13 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 no substantial change in any of the proposed ingredients has been made. The coarse aggregate factor shall not be more than 0.82, except that when the voids in the coarse aggregate exceed 48 percent of the total dry loose volume, the coarse aggregate factor shall not exceed 0.85. The coarse aggregate factor shall not be less than 0.70 for Grades 1, 2 and 3 aggregates. If the strength required for the class of concrete being produced is not secured with the cement specified in Table 4, the Contractor may use an approved water-reducing or retarding admixture, or he shall furnish aggregates with different characteristics which will produce the required results. Additional cement may be required or permitted as a temporary measure until the redesign is checked. Water-reducing or retarding agents may be used with all classes of concrete at the option of the Contractor. When water-reducing or retarding agents are used at the option of the Contractor, reduced dosage of the admixture will be permitted. Entrained air will be required in accordance with Table 4. The concrete shall be designed to entrain 5 percent air when Grade 2 coarse aggregate is used and 6 percent when Grade 3 coarse aggregate is used. Concrete as placed in the structure shall contain the proper amount as required above with a tolerance of plus or minus 1.5 percentage points. Occasional variations beyond this tolerance will not be cause for rejection. When the quantity of entrained air is found to be above 7 percent with Grade 2 coarse aggregate or above 8 percent for Grade 3 coarse aggregate, additional test beams or cylinders will be made. If these beams or cylinders pass the minimum flexural or compressive requirements, the concrete will not be rejected because of the variation in air content. 7. CONSISTENCY In cases where the consistency requirements cannot be satisfied without exceeding the maximum allowable amount of water, the Contractor may use, or the Engineer may require, an approved water-reducing or retarding agent, or the Contractor shall furnish additional aggregates or aggregates with different characteristics, which will produce the required results. Additional cement may be required or permitted as a temporary measure until aggregates are changed and designs checked with the different aggregates or admixture. The consistency of the concrete as placed should allow the completion of all finishing operations without the addition of water to the surface. When field conditions are such that additional moisture is needed for the final concrete surface finishing operation, the required water shall be applied to the surface by fog spray only, and shall be held to a minimum. The concrete shall be workable, cohesive, possess satisfactory finishing qualities, and of the stiffest consistency that can be placed and vibrated into a homogenous mass. Excessive bleeding shall be avoided. Slump requirements will be as specified in Table 3. 030020 Page 7 of 13 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 TABLE 3 Slump Requirements Concrete Designation Desired Slump Max. Slump Structural Concrete: (1) Thin-Walled Sections (9" or less) 4 inches 5 inches (2) Slabs, Caps, Columns,Piers, Wall Sections over 9", etc. 3 inches 4 inches Underwater or Seal Concrete 5 inches 6 inches Riprap, Curb, Gutter and Other Miscellaneous Concrete 2.5 inches 4 inches NOTE: No concrete will be permitted with slump in excess of the maximums shown. 8. QUALITY OF CONCRETE General The concrete shall be uniform and workable. The cement content, maximum allowable water- cement ratio, the desired and maximum slump and the strength requirements of the various classes of concrete shall conform to the requirements of Table 3 and Table 4 and as required herein. During the process of the work, the Engineer or his designated representative will cast test cylinders or beams as a check on the compressive or flexural strength of the concrete actually placed. Test cylinders must be picked up by the testing lab within 24 hours. A test shall be defined as the average of the breaking strength of two cylinders or two beams, as the case may be. Specimens will be tested in accordance with TxDOT Test Methods Tex-418-A or Tex-420-A. Test beams or cylinders will be required as specified in the contract documents. For small placements on structures such as manholes, inlets, culverts, wingwalls, etc., the Engineer may vary the number of tests to a minimum of one for each 25 cubic yards placed over a several day period. All test specimens, beams or cylinders, representing tests for removal of forms and/or falsework shall be cured using the same methods, and under the same conditions as the concrete represented. "Design Strength"beams and cylinders shall be cured in accordance with THD Bulletin C-11. The Contractor shall provide and maintain curing facilities as described in THD Bulletin C-11 for the purpose of curing test specimens. Provision shall be made to maintain the water in the curing tank at temperatures between 70°F and 90°F. When control of concrete quality is by twenty-eight-day compressive tests, job control will be by seven-day compressive tests which are shown to provide the required twenty-eight-day strength, based on results from trial batches. If the required seven-day strength is not secured with the 030020 Page 8 of 13 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 cement specified in Table 4, changes in the batch design will be made. TABLE 4 Classes of Concrete Minimum Class Compressive Min. Beam Maximum Coarse of Sacks Cement Strength(f c) Strength Water-Cement Aggregate Concrete per C.Y. (min.) 28-Day(psi) 7-Day(psi) Ratio (gal/sack) No. A* 5.0 3000 500*** 6.5 2-4-8**** B* 4.5 2500 417 8.0 2-4-8**** C* 6.0 3600 600*** 6.0 1-2-4** D 6.0 3000 500 7.0 2-4 S 6.5 4000 570 5.0 2-4 *Entrained Air(slabs,piers and bent concrete). **Grade 1 Coarse Aggregate may be used in foundation only(except cased drilled shafts). ***When Type 11 Cement is used with Class C Concrete, the 7-day beam break requirement will be 550 psi; with Class A Concrete, the minimum 7-day beam break requirement will be 460 psi. ""Permission**Permission to use Grade 8 Aggregate must have prior approval of the Engineer. 9. MIXING CONDITIONS The concrete shall be mixed in quantities required for immediate use. Any concrete which is not in place within the limits outlined in City Standard Specification Section 038000 "Concrete Structures", Article "Placing Concrete-General", shall not be used. Retamping of concrete will not be permitted. In threatening weather, which may result in conditions that will adversely affect the quality of the concrete to be placed, the Engineer may order postponement of the work. Where work has been started and changes in weather conditions require protective measures, the Contractor shall furnish adequate shelter to protect the concrete against damage from rainfall, or from freezing temperatures. If necessary to continue operations during rainfall, the Contractor shall also provide protective coverings for the material stockpiles. Aggregate stockpiles need be covered only to the extent necessary to control the moisture conditions in the aggregates to adequately control the consistency of the concrete. 10. MIXING AND MIXING EQUIPMENT All equipment, tools, and machinery used for hauling materials and perfonning any part of the work shall be maintained in such condition to insure completion of the work underway without excessive delays for repairs or replacements. The mixing shall be done in a batch mixer of approved type and size that will produce uniform 030020 Page 9 of 13 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 distribution of the material throughout the mass. Mixers may be either the revolving drum type or the revolving blade type, and shall be capable of producing concrete meeting the requirements of these specifications. After all the ingredients are assembled in the drum, the mixing shall continue not less than 1 minute for mixers of one cubic yard or less capacity plus 15 seconds for each additional cubic yard or portion thereof. The mixer shall operate at the speed and capacity designated by the Mixer Manufacturers Bureau of the Associated General Contractors of America. The mixer shall have a plate affixed showing the manufacturer's recommended operating data. The absolute volume of the concrete batch shall not exceed the rated capacity of the mixer. The entire contents of the drum shall be discharged before any materials are placed therein for the succeeding batch. The first batch of concrete materials placed in the mixer for each placement shall contain an extra quantity of sand, cement and water sufficient to coat the inside surface of the drum. Upon the cessation of mixing for any considerable length of time, the mixer shall be thoroughly cleaned. The concrete mixer shall be equipped with an automatic timing device which is put into operation when the skip is raised to its full height and dumping. This device shall lock the discharging mechanism and prevent emptying of the mixer until all the materials have been mixed together for the minimum time required, and it shall ring a bell after the specified time of mixing has elapsed. The water tank shall be arranged so that the amount of water can be measured accurately, and when the tank starts to discharge, the inlet supply shall cut off automatically. Whenever a concrete mixer is not adequate or suitable for the work, it shall be removed from the site upon a written order from the Engineer and a suitable mixer provided by the Contractor. Pick-up and thro-over blades in the drum of the mixer which are worn down more than 10 percent in depth shall be repaired or replaced with new blades. Improperly mixed concrete shall not be placed in the structure. Job mix concrete shall be concrete mixed in an approved batch mixer in accordance with the requirements stated above, adjacent to the structure for which the concrete is being mixed, and moved to the placement site in non-agitating equipment. 11. READY-MIX PLANTS A. General. It shall be the Contractor's responsibility to furnish concrete meeting all requirement of the governing specification sections, and concrete not meeting the slump, workability and consistency requirements of the governing specification sections shall not 030020 Page 10 of 13 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 be placed in the structure or pavement. Ready-Mixed Concrete shall be mixed and delivered by means of one of the following approved methods. (1) Mixed completely in a stationary mixer and transported to the point of delivery in a truck agitator or a truck mixer operating at truck agitator or truck mixer agitation speed. (Central-Mix Concrete) (2) Mixed complete in a truck mixer and transported to the placement site at mixing and/or agitating speed (Transit-Mix Concrete), subject to the following provisions: (a) Truck mixers will be permitted to transport concrete to the job site at mixing speed if equipped with double actuated counters which will separate revolutions at mixing speed from total revolutions. (b) Truck mixers equipped with a single actuated coulter counting total revolutions of the drum shall mix the concrete at the plant not less than 50 nor more than 70 revolutions at mixing speed, transport it to the job site at agitating speed and complete the required mixing before placing the concrete. (3) Mixed completely in a stationery mixer and transported to the job site in approved non-agitating trucks with special bodies. This method of transporting will be permitted for concrete pavement only. B. Equipment. (1) Batching. The batching plant shall be provided with adequate bins for batching all aggregates and materials required by the specifications. Bulk cement shall be weighed on a scale separate from those used for other materials and in a hopper entirely free and independent of that used for weighing the aggregates. (2) Mixers and Agitators. (a) General: Mixers shall be of an approved stationary or truck-type capable of combining the ingredients into a thoroughly mixed and uniform mass. Facilities shall be provided to permit ready access to the inside of the drum for inspection, cleaning and repair of blades. Mixers and agitators shall be subject to daily examination for changes in condition due to accumulation of hardened concrete and/or wear of blades, and any hardened concrete shall be removed before the mixer will be permitted to be used. Worn blades shall be repaired or replaced with new in 030020 Page 11 of 13 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 accordance with the manufacturer's design and arrangement for that particular unit when any part or section is worn as much as 10 percent below the original height of the manufacturer's design. (b) Stationary Mixers: These shall conform to the requirements of Article "Mixing and Mixing Equipment". Truck mixers mounted on a stationary base will not be considered as a stationary mixer. (c) Truck Mixers: In addition, truck mixers shall comply with the following requirements: An engine in satisfactory working condition and capable of accurately gauging the desired speed of rotation shall be mounted as an integral part of the mixing unit for the purpose of rotating the drum. Truck mixers equipped with a transmission that will govern the speed of the drum within the specified revolutions per minute (rpm)will not require a separate engine. All truck mixers shall be equipped with actuated counters by which the proper number of revolutions of the drum, as specified in Article 11. A. above, may be readily verified. The counters shall be read and recorded at the start of mixing at mixing speeds. Each until shall have adequate water supply and accurate metering or gauging devices for measuring the amount used. (d) Agitators: Concrete agitators shall be of the truck type, capable of maintaining a thoroughly mixed and uniform concrete mass and discharging it within the same degree of uniformity specified for mixers. Agitators shall comply with all of the requirements for truck mixers, except for the actual mixing requirements. C. Operation of Plant and Equipment. Delivery of ready-mixed concrete shall equal or exceed the rate approved by the Engineer for continuous placement. In all cases, the delivery of concrete to the placement site shall assure compliance with the time limits in the applicable specification for depositing successive batches in any monolithic unit. The Contractor shall satisfy the Engineer that adequate standby trucks are available. A standard ticket system will be used for recording concrete batching, mixing and delivery date. Tickets will be delivered to the job inspector. Loads arriving without ticket and/or in unsatisfactory condition shall not be used. When a stationary mixer is used for the entire mixing operation, the mixing time for one cubic yard of concrete shall be one minute plus 15 seconds for each additional cubic yard or portion thereof. This mixing time shall start when all cement, aggregates and initial water have entered the drum. 030020 Page 12 of 13 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 The mixer shall be charged so that some of the mixing water will enter the drum in advance of the cement and aggregate. All of the mixing water shall be in the drum by the end of the first one- fourth of the specified mixing time. Water used to flush down the blades after charging shall be accurately measured and included in the quantity of mixing water. The introduction of the initial mixing water, except blade wash down water and that permitted in this Article, shall be prior to or simultaneous with the charging of the aggregates and cement. The loading of truck mixers shall not exceed 63 percent of the total volume of the drum. When used as an agitator only, the loading shall not exceed 80 percent of the drum volume. When Ready-Mix Concrete is used, additional mortar (one sack cement, three parts sand and sufficient water) shall be added to the batch to coat the drum of the mixer or agitator truck, and this shall be required for every load of Class C concrete only and for the first batch from central mix plants. A portion of the mixing water, required by the batch design to produce the desired slump, may be withheld and added at the job site, but only with permission of the Engineer and under his supervision. When water is added under the above conditions, it shall be thoroughly mixed as specified below for water added at the job site. Mixing speed shall be attained as soon as all ingredients are in the mixer, and each complete batch (containing all the required ingredients) shall be mixed not less than 70 nor more than 100 revolutions of the drum at mixing speed except that when water is added at the job site, 25 revolutions (minimum) at mixing speed will be required to uniformly disperse the additional water throughout the mix. Mixing speed shall be as designated by the manufacturer. All revolutions after the prescribed mixing time shall be at agitating speed. The agitating speed shall be not less than one (1) nor more than five (5) rpm. The drum shall be kept in continuous motion from the time mixing is started until the discharge is completed. 12. PLACING, CURING AND FINISHING The placing of concrete, including construction of forms and falsework, curing and finishing, shall be in accordance with City Standard Specification Section 038000 "Concrete Structures". 13. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, the quantities of concrete of the various classifications which will constitute the completed and accepted structure(s) in-place will be measured by the cubic yard, per each, square foot, square yard or linear foot, as the case may be. Measurement will be as shown on the drawings and/or in the Bid Form. Payment shall be full compensation for furnishing, hauling, mixing, placing, curing and finishing all concrete; all grouting and pointing; furnishing and placing drains; furnishing and placing metal flashing strips; furnishing and placing expansion joint material required by this specification or shown on the plans; and for all forms and falsework, labor, tools, equipment and incidentals necessary to complete the work. 030020 Page 13 of 13 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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. S-q. 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 4. TOLERANCES Fabricating tolerances for bars shall be within 3 percent of specified or as follows: Plan Diemen. = 3/4" _1 7/8" Bar or Smollar--Plan- Dimon. ; 1/27 h 1" Bar or Larger--Pian. Mmen. ; 1� 3✓ 1-1= over 6"--aemen.+ Zero or -I/Z7 K = 6 a-`nd less-Dimon. • Zero or 14 7/8" Bar or Smaller--Pion Dimon_ ; 1/20 r l" Bar or 1_arger-Place Diemen. s I" piral or Circular Tie Tie: or Stirstap gPIonDimon;-*-IY Plan Cm-=L=1/2 5. STORING Steel reinforcement shall be stored above the surface of the ground upon platforms, skids or other supports, and shall be protected as far as practicable from mechanical injury and surface deterioration caused by exposure to conditions producing rust. When placed in the work, reinforcement shall be free from dirt, paint, grease, oil, or other foreign materials. Reinforcement shall be free from injurious defects such as cracks and laminations. Rust, surface seams, surface irregularities or mill scale will not be cause for rejection,provided the minimum dimensions, cross- sectional area and tensile properties of a hand wire crushed specimen meets the physical requirements for size and grade of steel specified. 6. SPLICES No splicing of bars, except when provided on the plans or specified herein, will be permitted without written approval of the Engineer. Splices will not be permitted in main reinforcement at points of maximum stress. When permitted in main bars, splices in adjacent bars shall be staggered a minimum of two splice lengths. 032020 Page 4of6 Rev.10-30-2014 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SECTION 37040 EPDXY COMPOUNDS (5-44) 1. DESCRIPTION This specification shall govern all work necessary to provide and apply Epoxy compounds. 2. MATERIALS (USE-TYPE) (1) Epoxy Bonding Compound for bonding new concrete to hardened concrete or other structural material: Epoxy Bonding Compound shall be a two component, 100% solids, moisture insensitive system. Epoxy shall be 7X-75 Bonding Agent" as manufactured by Fox Industries Inc. of Baltimore, Maryland or "Sikastix 370, Sikadur Hi-Mod" as manufactured by Sika Chemical Corporation of Lyndhurst,New Jersey or approved equal. (2) Epoxy Grout for Epoxy patch on non-horizontal surfaces to concrete: Epoxy Compound shall be a low-modulus, high viscosity, moisture insensitive system. Epoxy shall be "Sikastix 360, Skadur Lo-Mod Gel" as manufactured by Sika Chemical Corporation or approved equal. 3. CONSTRUCTION METHODS (1) Bond new concrete to existing concrete: a. Surface Preparation: The existing concrete or structural surface to which the new concrete is to be bonded shall be cleaned. The existing surface shall be made free from dust, laitance, grease, curing compounds, waxes and all foreign material. Cleaning shall be done by sandblasting, mechanical abrasion, or (by washing only if authorized by the Engineer). During application of bonding compound, surface may be dry, moist, or wet, but surface shall be free of standing water. b. Proportioning and Mixing_: The epoxy shall be proportioned and mixed in strict accordance with the manufacturer's instructions. The epoxy shall be used in a neat condition(without aggregate filler). C. Application of Epoxy The epoxy bonding compound shall be applied to the prepared surface with the minimum allowable coverages as follows: Concrete(float finished, cleaned by washing)75 SF/gal Concrete(rough finish, cleaned by sandblast or mechanical abrasion) 50 SF/gal Other surfaces as specified on the drawings d. Concrete Overlay: The concrete overlay shall be in accordance with the drawings or 030020 of standard specifications. The concrete overlay shall be applied over the epoxy within a period of time which SHALL NOT EXCEED 60% of the tack free time of the epoxy. It is important for the Contractor to note that these times vary with the temperature and pot time. 037040 Page 1 of 2 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 The following allowable times (60% of tack free time, where the tack free time is the period of time from initial mixing of the two components until the thin film of epoxy hardens) are provided below. The allowable times must be determined from the tack free times which are provided by the manufacturer. The following allowable times are averages and provided only as an aid to the Contractor: Temperature Allowable Elapse Time from Mixing Epoxy Until Placing Concrete Overlay 90°F 40 min. 80°F 1-1/2 hrs. 70°F 2-1/2 hrs. 60°F 3-1/2 hrs. If the allowable period of time is allowed to elapse before concrete overlay can be placed, another layer of epoxy shall be applied prior to placement of the concrete. (2) Epoxy Grout for patch to non-horizontal surfaces to concrete: a. Surface Preparation: The surface shall be prepared as described in (1) Bond new concrete to existing concrete Part a. b. Proportioning and Mixing_ The epoxy shall be proportioned and mixed in strict accordance with the manufacturer instruction. The epoxy may be mixed with dry masonry sand. Sand shall conform to A.S.T.M. C-144 with 100% passing a No. 8 sieve and not more than 15% to 35% passing a No. 50 mesh sieve. The amount of sand filler shall not exceed 3/4 to 1 (loose sand to epoxy by volume). C. Application: Epoxy shall be applied in strict accordance with manufacturer instructions. Area adjacent to work shall be cleaned free of epoxy spills as to provide a neat appearance before work will be accepted. 4. GENERAL PRECAUTION The Contractor is advised to become familiar with type of epoxy, method of application, and its basic limitations prior to using the epoxy. 5. MEASUREMENT AND PAYMENT Unless indicated otherwise in the Proposal, Epoxy Compounds shall be considered subsidiary to the appropriate bid item. 037040 Page 2 of 2 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SECTION 038000 CONCRETE STRUCTURES 1. DESCRIPTION This specification shall govern for construction of all types of structures involving the use of structural concrete, except where the requirements are waived or revised by other governing specifications. All concrete structures shall be constructed in accordance with the design requirements and details shown on the plans; in conformity with the pertinent provisions of the items contracted for; the incidental specifications referred to; and in conformity with the requirements herein. 2. MATERIALS (1) Concrete. All concrete shall conform to the provisions of City Standard Specification Section 030020 'Portland Cement Concrete". The class of concrete for each type of structure or unit shall be as specified on the plans or by pertinent governing specifications. (2) Expansion Joint Material. (a) Preformed Fiber Material. Preformed fiber expansion joint material shall be of the dimensions shown on the plans. The material shall be one of the following types, unless otherwise noted on the plans: 1. Preformed Bituminous Fiber Materials shall meet the requirements of ASTM Designation: D1751 "Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Non-extruding and Resilient Bituminous Types)". 2. Preformed Non-Bituminous Fiber Material shall meet the requirements of ASTM Designation: D1751 "Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Non-extruding and Resilient Bituminous Types)",except that the requirements pertaining to bitumen content, density and water absorption shall be voided. 3. Redwood. (b) Joint Sealing Materials. Unless otherwise shown on the drawings, joint sealing material shall conform to the following requirements. The material shall adhere to the sides of the concrete joint or crack and shall form an effective seal against infiltration of water and incompressibles. The material shall not crack or break when exposed to low temperatures. 038000 Page 1 of 19 Rev.3-25-2015 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 I-a and Class I-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 mann£). 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 (I" 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 D1752, Type 1 0.25 inch Max. Tensile Strength ASTM D1752, Type 1 20 psi Min. Elongation 75% Min. The manufacturers shall furnish the Engineer with certified test results as to compliance with the above requirements and a 12 inch x 12 inch x 1 inch sample from the shipment for approval. (3) Curing Materials. (a) Membrane curing materials shall comply with ASTM Designation: C 309 "Standard Specification for Liquid Membrane-Forming Compounds for Curing Concrete",Type 1 clear or translucent, or Type 2 white-pigmented. The material shall have a minimum flash-point of 80 degrees F when tested by the "Pensky-Martin Closed Cup Method". It shall be of such consistency that it can be satisfactorily applied as a fine mist through an atomizing nozzle by means of approved pressure spraying equipment at atmospheric temperatures above 40 degrees F. It shall be of such nature that it will not produce permanent discoloration of concrete surfaces nor react deleteriously with the concrete or its components. Type 1 compound shall contain a fugitive dye that will be distinctly visible not less than 4 hours nor more than 7 days after application. The compound shall produce a firm,continuous,uniform moisture impermeable film free from pinholes and shall adhere satisfactorily to the surfaces of damp concrete. It shall,when applied to the damp concrete surface at the rate of coverage specified herein,be dry to the touch in not more than 4 hours, and shall adhere in a tenacious film without running off or appreciable sagging. It shall not disintegrate, check, peel or crack during the required curing period. The compound shall not peel or pick up under traffic and shall disappear from the surface of the concrete by gradual disintegration. The compound shall be delivered to the job only in the manufacturer's original containers, which shall be clearly labeled with the manufacturer's name, the trade name of the material, and a batch number or symbol with which test samples may be correlated. The water retention test shall be in accordance with TxDOT Test Method Tex-219-F. Percentage loss shall be defined as the water lost after the application of the curing material was applied. The permissible percentage moisture loss (at the rate of coverage specified herein) shall not exceed the 038000 Page 3 of 19 Rev.3-25-2015 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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 joints to be filled with expansion joint 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 j oint shallbe blown clean of all foreign material and sealed. Where preformed fiber joint material is used,it shall be anchored to the concrete on one side of the joint by light wire or nails, to prevent the material from falling out. The top one inch (1") of the joint shall be filled with joint sealing material. Finished joints shall conform to the indicated outline with the concrete sections completely separated by the specified opening or joint material. Soon after form removal and again where necessary after surface finishing, all projecting concrete shall be removed along exposed edges to secure full effectiveness of the expansion joints. 4. CONSTRUCTION JOINTS The j oint formed by placing plastic concrete in direct contact with concrete that has attained its initial set shall be deemed a construction joint. The term "monolithic placement" shall be interpreted to mean at the manner and sequence of concrete placing shall not create construction joints. Construction joints shall be of the type and at the locations shown on the plans. Additional joints will not be permitted without written authorization from the Engineer, and when authorized, shall have details equivalent to those shown on the plans for joints in similar locations. Unless otherwise provided, construction joints shall be square and normal to the forms. Bulkheads shall be provided in the forms for all joints, except when horizontal. Construction joints requiring the use of joint sealing material shall be as detailed on the plans. The 038000 Page 4 of 19 Rev.3-25-2015 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 prevent bulging between supports, and maintained to the proper line and grade during concrete placement. Forms shall be maintained in a manner that will prevent warping and shrinkage. Offset at form joints shall not exceed one-sixteenth of an inch(1/16"). Deflections due to cast-in-place slab concrete and railing shown in the dead load deflection diagram shall be taken into account in the setting of slab forms. All forms and footing areas shall be cleaned of any extraneous matter before placing concrete. Permission to place concrete will not be given until all such work is completed to the satisfaction of the Engineer. If, at any stage of the work, the forms show signs of bulging or sagging,the portion of the concrete causing such condition shall be removed immediately,if necessary, and the forms shall be reset and securely braced against further movement. 038000 Page 5 of 19 Rev.3-25-2015 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 (2) Timber Forms. Lumber for forms shall be properly seasoned, of good quality, and free from imperfections which would affect its strength or impair the finished surface of the concrete. The lumber used for facing or sheathing shall be finished on at least one side and two edges and shall be sized to uniform thickness. Form lining will be required for all formed surfaces, except for the inside of culvert barrels, inlets and manholes; surfaces that are subsequently covered by backfill material or are completely enclosed; and, any surface formed by a single finished board. Lining will not be required when plywood forms are used. Form lining shall be of an approved type such as Masonite or plywood. Thin membrane sheeting, such as polyethylene sheets, shall not be used for form lining. Forms may be constructed of plywood not less than one-half inch in thickness,with no form lining required. The grain of the face plies on plywood forms shall be placed parallel to the span between the supporting studs or joists. Plywood used for forming surfaces that remain exposed shall be equal to that specified as B-B Plyform Class I or Class II Exterior, of the U. S. Department of Commerce, National Bureau of Standards and Technology, latest edition. Forms or form lumber to be reused shall be maintained clean and in good condition. Any lumber which is split, warped, bulged, marred, or has defects that will produce inferior work, shall not be used and, if condemned, shall be promptly removed from the work. Studs and joists shall be spaced so that the facing form material remains in true alignment under the imposed loads. Wales shall be spaced close enough to hold forms securely to the designated lines and scabbed at least 4 feet on each side of joints to provide continuity. A row of wales shall be placed near the bottom of each placement. Facing material shall be placed with parallel and square joints and securely fastened to supporting studs. Forms for surfaces receiving only an ordinary finish and exposed to view shall be placed with the form panels symmetrical, i.e., long dimensions set in the same direction. Horizontal joints shall be continuous. Molding specified for chamfer strips or other uses shall be made of materials of a grade that will not split when nailed and which can be maintained to a true line without warping. Wood molding shall be mill cut and dressed on all faces. Unless otherwise provided, forins shall be filleted at all sharp corners and edges with triangular chainfer 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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-Aizitated Concrete: Above 80 degrees F 15 minutes Up to 80 degrees F 30 minutes AOtated 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 forins will not be allowed. Concrete shall be deposited in the forms in layers of suitable depth but not more than 36 inches in thickness, unless otherwise directed by the Engineer. The sequence of successive layers or adjacent portions of concrete shall be such that they can be vibrated into a homogenous mass with the previously placed concrete without a cold j oint. Not more than one hour shall elapse between adjacent or successive placements of concrete. Unauthorized construction joints shall be avoided by placing all concrete between the authorized joints in one continuous operation. An approved retarding agent shall be used to control stress cracks and/or unauthorized cold 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 forins. 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 may be supplemented by hand spading or rodding, if necessary,to insure the flushing of mortar to the surface of all forms. Slab concrete shall be mixed in a plant located off the structure. Carting or wheeling concrete batches over completed slabs will not be permitted until they have aged at least four(4)full curing days. If carts are used,timber planking will be required for the remainder of the curing period. Carts shall be equipped with pneumatic tires. Curing operations shall not be interrupted for the purpose of wheeling concrete over finished slabs. After concrete has attained its initial set,at least one(1)curing day shall elapse before placing strain on projecting reinforcement to prevent damage to the concrete. The storing of reinforcing or structural steel on completed roadway slabs generally shall be avoided and, when permitted, shall be limited to quantities and distribution that will not induce excessive stresses. 8. PLACING CONCRETE IN COLD WEATHER (1) Cast-in-Place Concrete. Concrete may be 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 (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 pennission 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 job 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 any one 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 EXCEPTIONS TO 4-DAY CURING Description Required Curing Upper Surfaces of Bridge Slabs and 8 curing days (Type I or III) cement Top Slabs of Direct Traffic Culverts 10 curing days (Type 11 cement) Concrete Piling (non-prestressed) 6 curing days When the air temperature is expected to drop below 35 degrees F,the water curing mats shall be covered with polyethylene sheeting, burlap-polyethylene blankets or other material to provide the protection required by Article "Placing Concrete in Cold Weather" of these specifications. A curing day is defined as a calendar day when the temperature, taken in the shade away from artificial heat, is above 50 degrees F for at least 19 hours (colder days if satisfactory provisions are made to maintain the temperature of all surfaces of the concrete above 40 degrees F for the entire 24 hours). The required curing period shall begin when all concrete therein has attained its initial set. The following methods are permitted for curing concrete subject to the restrictions of Table I 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 (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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 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 I 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 uniforrn 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 to the work,the Contractor,when notified, shall immediately cease the use of this method and shall change to curing by one of the other methods specified under this contract. 15. REMOVAL OF FORMS Except as herein provided, forms for vertical surfaces may be removed when the concrete has aged not less than one day(24 hours)when Type I and Type II cement is used, and not less than one-half day (12 hours) when Type III cement is used, provided it can be done without damage to the concrete. Forms for inside curb faces may be removed in approximately three hours provided it can be done without damage to the curb. 16. FINISHING EXPOSED SURFACES Concrete shall be finished as required in the specification Section for the respective item or as otherwise specified on the plans. An ordinary surface finish shall be applied to all concrete surfaces either as a final finish or preparatory to a higher finish. Ordinary Surface Finish shall be as follows: After form removal, all porous or honey-combed areas and spalled areas shall be corrected by chipping away all loose or broken material to sound concrete. Feather edges shall be eliminated by cutting a face perpendicular to the surface. Shallow cavities shall be repaired using adhesive grout or epoxy grout. If judged repairable by the Engineer, large defective areas shall be corrected using concrete or other material approved by the Engineer. Holes and spalls caused by removal of metal ties, etc., shall be cleaned and filled with adhesive grout or epoxy grout. Exposed parts of metal chairs on surfaces to be finished by rubbing, shall be chipped out to a depth of one-half inch (1/2") and the surface repaired. All fins,runs, drips or mortar shall be removed from surfaces which remain exposed. Form marks and chamfer edges shall be smoothed by grinding and/or dry rubbing. Grease, oil, dirt, curing compound, etc., shall be removed from surfaces requiring a higher grade of finish. Discolorations resulting from spillage or splashing of asphalt,paint or other similar material shall be removed. Repairs shall be dense, well bonded and properly cured, and when made on surfaces which remain exposed and do not require a higher finish, shall be finished to blend with the surrounding concrete. 038000 Page 18 of 19 Rev.3-25-2015 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SECTION 022410-T STORM WATER POLLUTION PREVENTION 1. DESCRIPTION This specification will govern all work required for stormwater pollution prevention measures during and after construction. The work shall include a Storm Water Pollution Prevention Plan (SWPPP), installation, maintenance and removal of erosion, sedimentation and environmental control devices. The specification includes removal of accumulated sediment and debris. 2. MATERIALS All materials shall meet the requirements set forth in "TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, 2014" Item 506, Section 506.2 "Materials" or standard materials approved by the City of Corpus Christi Stormwater Department. 3. METHODS A. Storm Water Pollution Prevention Plan The contractor shall engage the services of an established Stormwater Quality Management Firm familiar with local conditions and requirements to: (1) Prepare a Storm Water Pollution Prevention plan (SWPPP) incorporating the Erosion & Sedimentation Control Plan. (2) Submit the Notice of Intent (NOI) (3) Perform required inspections. Contractor shall supply inspection reports to the City of Corpus Christi. (4) Submit the Notice of Termination(NOT) All aspects of Items (1)-(4) shall be in strict accordance with all Federal, State and local regulations. A copy of the SWPPP and an NOI form (prepared for the City) must be provided to the City of Corpus Christi one (1) week prior to commencing construction activities. During construction, copies of all SWPPP documentation such as inspection reports, etc. must be provided to the City. The SWPPP must be submitted to the Engineer and the City Stormwater Department prior to commencement of construction. 022410-T Page I of 3 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 B. General 1. Phasing. Implement control measures in the area to be disturbed before beginning construction, or as directed. Limit the disturbance to the area shown on the plans or as directed. If, in the opinion of the Engineer, the Contractor cannot control soil erosion and sedimentation resulting from construction operations, the Engineer will limit the disturbed area to that which the Contractor is able to control. Minimize disturbance to vegetation. 2. Maintenance. Immediately correct ineffective control measures. Implement additional controls as directed. Remove excavated material within the time requirements specified in the SWPPP. 3. Stabilization. Stabilize disturbed areas where construction activities will be temporarily stopped in accordance with the applicable storm water plan. Establish a uniform vegetative cover. The project will not be accepted until grass growth has been achieved in accordance with Specification Item 028020-T "Seeding", unless otherwise shown on the plans. When shown on the plans, the Engineer may accept the project when adequate controls are in place that will control erosion, sedimentation, and water pollution until sufficient vegetative cover can be established. 4. Finished Work. Upon acceptance of vegetative cover, remove and dispose of all temporary control, measures, temporary embankments, bridges, matting, falsework, piling, debris, or other obstructions placed during construction that are not a part of the finished work, or as directed. 5. Restricted Activities. Do not locate disposal areas, stockpiles, or haul roads in any wetland, water body, or streambed. Do not install temporary construction crossings in or across any water body without prior approval of the City of Corpus Christi and the Engineer. Restrict construction operations in any water body to the necessary areas as shown on the plans or applicable permit, or as directed. Use temporary bridges, timber mats, or other structurally sound and non- eroding material for stream crossings. C. Installation, Maintenance and Removal Work. Perform work in accordance with the approved SWPPP. Install and maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris until earthwork construction and permanent erosion control features are in place or the disturbed area has been adequately stabilized as determined by the Engineer. If a device ceases to function as intended, repair or replace the device or portions thereof as 022410-T Page 2 of 3 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 necessary. Remove sediment, debris and litter. Dispose of removed material in accordance with federal, state and local regulations. Remove devices upon approval or when directed. Upon removal, finish-grade and dress the area. Stabilize disturbed areas in accordance with the SWPPP, and as shown on the plans or directed. All disturbed areas shall be restored in accordance with Specification Item 028020-T "Seeding". The Contractor retains ownership of stockpiled material and must remove it from the project when new installations or replacements are no longer required. 4. MEASUREMENT AND PAYMENT If included as a bid item in the Proposal, Storm Water Pollution Prevention Plan shall be included in the unit price bid for "Storm Water Pollution Prevention Plan". Unless indicated in the Proposal, payment shall include but not be limited to furnishing the SWPPP, furnishing, installing, moving, replacing, inspecting and maintaining all temporary erosion, sediment, environmental measures and revegetating disturbed areas in accordance with Specification Item 028020-T "Seeding". Unless shown in the Proposal, returning the vegetative cover disturbed during construction shall be included in the unit price bid for this item. Payment shall be made on the following basis: The initial monthly estimate will include 50% of the unit price bid minus retainage. The balance will be paid according to the percent of construction complete after 50% completion has been surpassed, less retainage. 022410-T Page 3 of 3 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 SECTION 028020-T SEEDING(5-14) 1. DESCRIPTION This specification shall govern all work necessary for fertilizing, planting seeds 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 (% 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. See drawings for mixture. LB/ACRE OF PURE LIVE SEED COMMON NAME SCIENTIFIC NAME FOR MIXTURES A B C Green Sprangletop Leptochloa Dubia 1.4 1.4 - Sideoats Grama(premier) Bouteloua Curtipendula .6 - .6 Bermudagrass (Hulled) Cynodon Dactylon 7.0 7.4 - Bermudagrass (Unhulled) Cynodon Dactylon - - 30.0 K. R. Bluestein Andropogon Ischaeum 1.2 1.2 1.5 Buffalograss Pennisetum Ciliare - 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 I thru May 1 Mixture - C: Recommended for all soils planted between May 2 thru November 30 028020-T Page 1 of 3 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 2.3 MULCH: Mulch shall be wood cellulose fiber type. Wood Cellulose Fiber Type - Wood cellulose fiber 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 forms 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. 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. 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. Top Soil—Prior to planting, the area to be seeded shall be graded, shaped and covered with a minimum of four(4)inches of top soil. Tilling - The area to be seeded shall be tilled to a depth of 2 to 6 inches by disking, plowing, or other approved methods until soil condition is acceptable. 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 a rate specified above. 028020-T Page 2 of 3 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 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 seeds, fertilizer, water and other approved materials are added. Application shall be 1500 lb/acre on flats, 2000 lb/acre on 3:1 slopes, and 2500 lb/acre on 2:1 or greater. 100 lb. 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. 3.4 MAINTENANCE: The Contractor will water, repair and reseed areas as required for a period of 45 days. 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 seedings 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 growth at 45 calendar days after seeding, unless indicated otherwise on the drawings. Where established, growth is defined as at least one plant per square inch. 4. MEASUREMENT AND PAYMENT Unless indicated otherwise in the Proposal, seeding will be measured by the horizontal square yard of surface area seeded. Payment shall be full compensation for top soil, tilling, fertilizing, planting, watering and maintaining vegetation, furnishing all materials required, and all manipulation, labor, tools, equipment and incidentals necessary to complete the work. Payment for seeding under this specification shall be accomplished as follows: - 25% of the total cost of the Seeding Bid Line Item (less retainage) shall be paid to the Contractor after installation of the seed, or hydromulch; - The remaining 75% of the total cost of the Seeding Bid Item will be held until the Contractor achieves grass growth per this specification as approved by the Engineer. Upon the Engineer's acceptance of the grass growth, the remaining 75% of the total cost of the Seeding Bid Item (less retainage) will be paid to the Contractor. 028020-T Page 3 of 3 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 APPENDIX (Rock Engineering & Testing Laboratory, Inc. Geotechnical Investigation and Recommendations for the Proposed Salinas Park Improvements, April 6, 2022) DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 • GEOTECHNICAL ENGINEERING • MATERIALS ENGINEERING &TESTING • SOILS Is ASPHALT • CONCRETE <,9 �iuiuiuiuuuiu i � o P� Bo9gro Go�Qo�,, GEOTECHNICAL SUBSURFACE INVESTIGATION AND RECOMMENDATIONS FOR THE PROPOSED SALINAS PARK IMPROVEMENTS 1354 AIRPORT ROAD CORPUS CHRISTI, TEXAS RETL REPORT NUMBER: G122150 PREPARED FOR: LJA ENGINEERING 5350 S STAPLES, SUITE 425 CORPUS CHRISTI, TEXAS 78411 ' APRIL 6, 2022 PREPARED BY: n ROCK ENGINEERING & TESTING LABORATORY, INC. 6817 LEOPARD STREET ' A, CORPUS CHRISTI, TEXAS 78409 1JI r P: (361) 883-4555; F: (361) 883-4711 TBPE FIRM NO. 2101 llo�a Ilu»»riNr°iii/r P� � ' nr vM1�'oNI�JE191 pYiv4�N! , i51��u I^,j,w r 114 M 'I I uul V, o y;riJ nl fi��ri'N1/ III n4 I r Y II��UOI�111�01�1�D1�� d ' t u � DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 �' / • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ENGINEERING& TESTING �'pq�a �2Q�� • SOILS •ASPHALT•CONCRETE April 6, 2022 LJA Engineering 5350 S Staples, Suite 425 Corpus Christi, Texas 78411 Attention: Mr. Jeff Coym, P.E., Vice President SUBJECT: SUBSURFACE INVESTIGATION, LABORATORY TESTING PROGRAM, AND GEOTECHNICAL RECOMMENDATIONS FOR THE PROPOSED SALINAS PARK IMPROVEMENTS 1354 Airport Road Corpus Christi, Texas RETL Job No. — G122150 Dear Mr. Coym, In accordance with our agreement, we have conducted a subsurface investigation, laboratory testing program, and geotechnical evaluation for the above referenced project. The results of this investigation, together with our recommendations, are to be found in the accompanying report, one electronic copy of which is being transmitted for your records and for distribution to the project design team. Often, because of design and construction details that occur on a project, questions arise concerning soil conditions and Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101), would be pleased to continue its role as the Geotechnical Engineer during project implementation. RETL also has great interest in providing materials testing and observation services during the construction phase of this project. If you will advise us of the appropriate time to discuss these engineering services, we will be pleased to meet with you at your convenience. Sincerely, Mark C. Rock, P.E. Senior Consultant ROCK ENGINEERING& TESTING LABORATORY,INC. Corpus Christi San Antonio Round Rock Office:361.883.4555 Office:210.495.8000 Office:512.284.8022 Fax:361.883.4711 Fax:210.495.8015 Fax: 512.284.7764 6817 Leopard St. 10856 Vandate 7 Roundville Ln. Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock,TX 78664 www.rocktesting.com DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 SUBSURFACE INVESTIGATION, LABORATORY TESTING PROGRAM, AND GEOTECHNICAL RECOMMENDATIONS FOR THE PROPOSED SALINAS PARK IMPROVEMENTS 1354 AIRPORT ROAD CORPUS CHRISTI, TEXAS RETL REPORT NUMBER: G122150 PREPARED FOR: LJA ENGINEERING 5350 S STAPLES, SUITE 425 CORPUS CHRISTI, TEXAS 78411 APRIL 6, 2022 PREPARED BY: ROCK ENGINEERING AND TESTING LABORATORY, INC. 6817 LEOPARD STREET CORPUS CHRISTI, TEXAS 78409 PHONE: (361) 883-4555; FAX: (361) 883-4711 TEXAS PROFESSIONAL ENGINEERING FIRM REGISTRATION NO. 2101 t of _. • :* ..... ........... ............ i � 3 •�BAUERW �FRAtiCI5C0 JOSE ARIAS ESCUCIERO� Pyr " 1 .. ...,112293....12920 00 F.4'I do James P. Bauer, P.E. Francisco J. Arias, P.E. Corpus Christi Branch Manager Senior Geotechnical Engineer ' DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 TABLE OF CONTENTS Paqe INTRODUCTION..................................................................................................................................................... 1 Authorization........................................................................................................................................................ 1 Purposeand Scope............................................................................................................................................. 1 General................................................................................................................................................................ 1 SITEDESCRIPTION...............................................................................................................................................2 FIELDEXPLORATION...........................................................................................................................................2 Scope...................................................................................................................................................................2 Drilling and Sampling Procedures....................................................................................................................... 3 FieldObservations............................................................................................................................................... 3 LABORATORY TESTING PROGRAM ..................................................................................................................4 SUBSURFACECONDITIONS................................................................................................................................4 General................................................................................................................................................................4 ExistingPavement Materials............................................................................................................................... 5 SoilConditions..................................................................................................................................................... 5 Groundwater Observations.................................................................................................................................. 6 OSHASoil Type Classification............................................................................................................................ 6 SeismicSite Classification................................................................................................................................... 7 GEOTECHNICALDISCUSSION............................................................................................................................7 ProjectDescription............................................................................................................................................... 7 PVRDiscussion................................................................................................................................................... 8 FOUNDATION TYPES CONSIDERED..................................................................................................................9 FOUNDATION RECOMMENDATIONS................................................................................................................ 10 Shallow Spread/Strip Footing Recommendations............................................................................................. 10 Straight Shaft Drilled Pier Foundation Recommendations................................................................................ 10 LateralPier Analysis.......................................................................................................................................... 11 PAVEMENT CONSIDERATIONS......................................................................................................................... 11 Rigid (Concrete) Pavement Recommendations................................................................................................ 12 Pavement Subgrade Preparation...................................................................................................................... 12 Routine Maintenance of Rigid Pavement Systems........................................................................................... 13 Expansion, Control and Construction Joints ..................................................................................................... 13 SITE IMPROVEMENT METHODS ....................................................................................................................... 13 Concrete Flatwork Construction Considerations............................................................................................... 13 CONSTRUCTION CONSIDERATIONS................................................................................................................ 14 SitePreparation................................................................................................................................................. 14 SelectFill ........................................................................................................................................................... 15 Drilled, Cast-in-Place, Pier Construction Considerations.................................................................................. 15 Earthworkand Acceptance................................................................................................................................ 17 Utilities............................................................................................................................................................... 17 GENERALCOMMENTS....................................................................................................................................... 17 APPENDIX: Site Vicinity Map Boring Location Plan Boring Logs B-1 to B-4 Key to Soil Classification and Symbols DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas INTRODUCTION This report presents the results of a soil exploration and geotechnical analysis for the proposed Salinas Park Improvements project to be located at the northeast quadrant of the intersection of Airport Road and Horne Road, in Corpus Christi, Texas. The location of the proposed project site is shown on the Site Vicinity Map included in the Appendix. Authorization The scope of work for this project was performed in accordance with Rock Engineering and Testing Laboratory, Inc. (RETL) Proposal No. CGP122321 B (Revision 1) dated January 17, 2022. The scope of work was approved via a Work Authorization signed by Mr. Jeff Coym, P.E., LJA Vice President, on March 4, 2022. The signed Work Authorization was returned to RETL via email transmittal. Purpose and Scope The purpose of this exploration was to evaluate the soil and groundwater conditions at the site and to provide pavement and foundation recommendations for the proposed project. The scope of the exploration and analysis included the subsurface exploration, field and laboratory testing, engineering analysis and evaluation of the subsurface soils, provision of pavement and foundation recommendations, and preparation of this report. The scope of work for this project was determined jointly by LJA and RETL. The scope of services did not include an environmental assessment. Any statements in this report or on the boring logs regarding odors, colors, unusual or suspicious items or conditions are strictly for the information of the client. General The exploration and analysis of the subsurface conditions reported herein are considered sufficient in detail and scope to provide geotechnical recommendations for the proposed project. The information submitted for the proposed project is based on project details provided by LJA, as well as the soil information obtained at the boring locations. If the designers require additional soil parameters to complete the pavement and foundation designs and this information can be obtained from the soil data and laboratory tests performed within the scope of work included in our proposal for this project, then RETL will provide the additional information requested as a supplement to this report. The Geotechnical Engineer states that the findings, recommendations, specifications or professional advice contained herein have been presented after being prepared in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the Geotechnical Engineer's profession practicing contemporaneously under similar conditions in the locality of the project. Page 1 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas RETL operates in general accordance with "Standard Practice for Minimum Requirements for Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction", (ASTM D3740). No other representations are expressed or implied, and no warranty or guarantee is included or intended. This study was conducted for LJA for the specific application to the proposed Salinas Park Improvements project to be located at the northeast quadrant of the intersection of Airport Road and Horne Road, in Corpus Christi, Texas. SITE DESCRIPTION The site of the planned improvements project is located within the Salinas Park located at 1354 Airport Road, In Corpus Christi, Texas. The park has parking areas and an existing trail constructed with asphalt pavement. The site is flat and level, and the existing pavement provided adequate support for our drill rig and support vehicle to access the boring locations with no problems. The park also has open green areas covered with grass and other amenities, included a baseball field, a basketball court and playground areas. FIELD EXPLORATION Scope The field exploration to evaluate the engineering characteristics of the subsurface soil materials included reconnaissance of the project site, performing the test boring operations and obtaining disturbed split-spoon samples and relatively undisturbed Shelby tube samples. During the sample recovery operations, the soils encountered were classified and recorded on the boring logs in accordance with "Standard Guide for Field Logging of Subsurface Exploration of Soil and Rock", (ASTM D5434). Four (4) borings were performed for the purpose of providing geotechnical recommendations. The table below provides the boring identification, boring depth and GPS coordinates. Summary of Boring Information Boring Boring Location Boring Depth Approximate GPS Coordinates Identification (feet) B-1 Trail 5 N 27.76334 ° W 97.43754 ° B-2 Trail/Light Pole 15 N 27.76128 ° W 97.43628 ° B-3 Trail 5 N 27.76310 ° W 97.43409 ° B-4 Trail 5 N 27.76454 ° W 97.43561 ° The number, depth and location of the borings were determined jointly by LJA and RETL. The borings were drilled and logged by RETL personnel. The approximate GPS coordinates were obtained at the borehole locations using a Garmin GPS model eTrex and are provided in this report and on the boring logs. Page 2 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas Upon completion of the drilling operations and obtaining the groundwater observations, the borings were backfilled with excess soils obtained during the drilling operations and were parched with cold-mix asphalt. A Boring Location Plan is provided in the Appendix of this report. The borings performed for this project were used to determine the classification, strengths and plasticity of the subgrade soils. The information provided on the boring logs includes boring location, boring depth, soil classification, soil strengths, and laboratory test results. The boring logs are included in the Appendix. Drilling and Sampling Procedures The borings were performed using a drill rig equipped with a rotary head turning solid stem augers to advance the boreholes. Disturbed soil samples were obtained using split-barrel sampling procedures in general accordance with the procedures for "Penetration Test and Split-Barrel Sampling of Soils", (ASTM D1586). Relatively undisturbed soil samples were obtained using thin-wall tube sampling procedures in general accordance with the procedures for "Thin Walled Tube Sampling of Soils", (ASTM D1587). The samples obtained by this procedure were extruded by a hydraulic ram in the field. The samples were classified, placed in plastic bags, marked according to boring numbers, depths and any other pertinent field data, stored in special containers and delivered to the laboratory for testing. Field Observations Water Level Observations — Water level observations were obtained during the test boring operations. Water level observations are noted on the boring logs provided in the Appendix. In relatively pervious soils, such as sandy soils, the indicated depths are usually reliable groundwater levels. In relatively impervious soils, such as clayey soils, a suitable estimate of the groundwater depth may not be possible, even after several days of observation. Seasonal variations, temperature, land-use, proximity to water bodies and recent rainfall conditions may influence the depth to the groundwater. The amount of water in open boreholes largely depends on the permeability of the soils encountered at the boring locations. Ground Surface Elevations — The ground surface elevations at the boring locations were not provided. Therefore, depths referred to in this report are from the ground surface at the boring locations during the time of our field investigation. Page 3 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas LABORATORY TESTING PROGRAM In addition to the field investigation, a laboratory testing program was conducted to determine additional pertinent engineering characteristics of the subsurface materials necessary in analyzing the behavior of the subgrade soils and proposed structures for the project. The laboratory testing program included supplementary visual classification (ASTM D2487) and water content tests (ASTM D2216) on the samples. In addition, selected samples were subjected to Atterberg limits tests (ASTM D4318)and percent material finer than the#200 sieve tests (ASTM D1140). The estimated soil strengths were obtained using a hand penetrometer and a hand torvane. The laboratory testing program was conducted in general accordance with applicable ASTM Specifications. The results of these tests are to be found on the accompanying boring logs provided in the Appendix. SUBSURFACE CONDITIONS General The types of soil materials encountered in the test borings have been visually classified and are described in detail on the boring logs. The results of the water level observations and laboratory tests are presented on the boring logs. Representative samples of the soils were placed in polyethylene bags and are now stored in the laboratory for further analysis, if desired. Unless notified to the contrary, the samples will be disposed of three months after issuance of this report. The stratification of the soil, as shown on the boring logs, represents the soil conditions at the actual boring locations. Variations may occur and should be expected between and beyond the boring locations. Lines of demarcation represent the approximate boundary between different soil types, but the transition may be gradual, or not clearly defined. It should be noted that, whereas the test borings were drilled and sampled by experienced drillers, it is sometimes difficult to record changes in stratification within narrow limits. In the absence of foreign substances, it is also difficult to distinguish between discolored soils and clean soil fill. Page 4 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas Existing Pavement Materials The existing pavement material types and thicknesses encountered at the boring locations have been summarized and are provided in the following table. Existing Pavement Materials Profile Table Asphalt Base Base Material Total Pavement Boring Thickness Thickness Thickness (inches) (inches) Type (inches) B-1 2 14 Clayey Gravel with Sand 16 B-2 2 4 Clayey Gravel with Sand 6 B-3 2 4 Clayey Sand with Gravel 6 B-4 2 5'/2 Clayey Gravel with Sand 7'/ The base material observed beneath the asphalt pavement appears to be Reclaimed Asphalt Pavement (RAP). Testing with phenolphthalein indicated that neither the base nor the subgrade materials have been stabilized with lime or cement. Soil Conditions The generalized soil conditions encountered at the project site have been summarized and soil properties including soil classification, strength, and plasticity are provided in the following table. Soil Profile Table D Description LL PI C Ye 4200 N P Fat CLAY with 0-3 Sand, Sandy Fat 53 36 1,200 -- 120 65-83 -- 2.0-2.25 CLAY Fat CLAY with 3-5.5 Sand, Sandy Fat 72 49-51 700 -- 115 75-84 -- 1.0-2.0 CLAY 5.5-10.5 Fat CLAY with 64 44 2,000 -- 120 87 -- 3.25 Sand 10.5-11.5 Lean CLAY with __ -- 1,000 -- 120 -- -- 1.5 Sand 11.5-13 Lean CLAY with 1,000 -- 60 -- -- 1.5 Sand 13-15 Poorly Graded -- 31 55 9 13 -- SAND with Silt Where: D = Depth in feet below existing grade LL = Liquid limit, % PI = Plasticity index C = Soil Cohesion, psf(undrained) � =Angle of Internal Friction, deg. (undrained) ye = Effective soil unit weight, pcf 4200 = Material passing #200 sieve, % N = Resistance from SPT testing, bpf P = Hand penetrometer value range, tsf Page 5 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas Exceptions to the above generalized soil profile exist. Most notable is the presence of a thin upper layer of clayey sand fill in Boring B-1, below the existing base and extending to a depth of 3 feet. Detailed descriptions of the soils encountered at the boring locations are provided on the boring logs included in the Appendix. Groundwater Observations Groundwater (GW) observations and the depth the borings caved are provided in the following table. Groundwater(GW) Observations Boring During Drilling Upon Completion B-1* Dry and Open Dry and Open B-2 GW at 11.5 feet GW at 11.5 feet and Caved at 12 feet B-3* Dry and Open Dry and Open B-4* Dry and Open Dry and Open *Note: Borings drilled to a depth of 5 feet Based on observations made in the field it appears as if the groundwater at this site is present near the 11 to 12-foot depth. Groundwater levels at this site may be subject to seasonal conditions, recent rainfall, drought and temperature effects. We recommend that the contractor verifies the groundwater depth before construction starts and be prepared to implement dewatering techniques as required. OSHA Soil Type Classification The table below provides a summary of the OSHA Soil Type Classification based on the soils encountered at the boring locations. Depth OSHA Soil Type (feet) Description Classification Clay Above the Water Table 0-11.5 (Average Undrained Shear Strength is greater than 500 psf) Type B 11.5-15 Soil Below the Water Table Type C It should be noted that the contractor's "competent person" shall make the final determination of the OSHA Soil Type during excavation of the soils at the jobsite. Any soil from which water is freely seeping should be downgraded to Type C soil. Slope protection for excavations greater than 20 feet need to be designed and sealed by a professional engineer registered in the State of Texas. The maximum allowable slopes during construction for soil OSHA soil types are provided in the following table. Page 6 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas Guidelines for Maximum Allowable Slopes Soil or Rock Type Max.Allow. Slopes for Excavations < Than 20' Deep Stable Rock Vertical Type A 3/ Horizontal : 1 Vertical Type B 1 Horizontal : 1 Vertical Type C 1'/ Horizontal : 1 Vertical Guidelines for maximum allowable slopes were obtained from OSHA documents, but do not consider any recent revisions or the stability of long-term unprotected slopes, which will likely require much flatter slopes. The guidelines presented herein for slopes do not imply RETL is taking responsibility for construction site safety; this responsibility falls entirely upon the contractor and his responsible person. RETL is assuming that the contractor will comply with all rules, ordinances and other requirements to comply with safe construction practices. Seismic Site Classification In accordance with the International Building Code (IBC), "When the soil properties are not known in sufficient detail to determine the site class, Site Class D shall be used unless it is determined that Site Class E or F soil is likely to be present at the site." Since our field investigations have not included a 100-foot deep boring, by definition the soil properties are not known in sufficient detail. Site Class D soils should have a Standard Penetration Resistance between 15 and 50 blows per foot (bpf), and unconfined shear strength (cohesion) between 1,000 and 2,000 psf. The predominant soil strengths at this site as well as the expected strength of the deeper soils, based on our local experience, generally meet the typical strength range cited above and therefore the site should be classified as Seismic Site Class D (Stiff Soil). GEOTECHNICAL DISCUSSION Project Description Based on information provided to RETL, the project will consist of replacing the existing asphalt pavement trail with new concrete pavement, as well as installing a new light pole and exercise station along the trail. The trail is planned to have an alignment length on the order of one mile. Existing topographic information, loading conditions, or grading plans have not been provided. However, we anticipate that the finish floor elevation (FFE) of the proposed new pavement for the trail to match the existing elevation of the current trail and the foundation systems for the project will be situated approximately 1'/z feet above the existing grade at the site. If additional information becomes available it should be forwarded to RETL, so we can adjust our recommendations, if needed. Page 7 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas PVR Discussion The laboratory test results indicate that the subsoils in the active zone at this site are of high to very high plasticity. The calculated total potential vertical rise (PVR) at this site is estimated to be on the 3%to 4 inches. This PVR value represents the approximate average vertical rise that can be experienced by relatively dry subsoils if they are subjected to normal environmental conditions that allow a typical increase in moisture to above the "wet" moisture content boundary limits as established by the TEX-124E method. It should be noted that unusual environmental conditions that allow the soils to significantly exceed typical seasonal moisture variations (e.g. extended or extreme drought or wet periods, changes in subsurface groundwater sources, etc.) or external non-environmental sources that allow the soils to become saturated (e.g. deficient construction practices like poor drainage, broken utilities, leaking sprinkler systems, etc.) will result in exceeding the dry and wet boundary conditions established by the TEX-124E method, and this will likely result in experiencing higher magnitudes of moisture related soil movements than those estimated by the PVR calculation provided herein. Experience has shown that saturated soils may swell to 2 or 3 times the PVR magnitude estimated by the TEX-124E method. Differential vertical movements may occur over a distance equal to the depth of the active zone (15 feet) and can potentially be equal to the expected total movements. The estimated PVR value provided is based on the FFE of the pavement and foundation systems situated at least 11/2 feet above the existing grade at the site, applying a sustained surcharge load of approximately 1.0 pound per square inch on the subgrade soils. Undercutting a portion of the natural expansive soils at this site and replacing them with properly compacted "Select Fill" should reduce the PVR. The resulting reduction in PVR at this site, utilizing undercutting and replacement operations, are included in the table below. PVR Reduction Required Undercut Depth (ft) Minimum Select Fill Thickness (ft) Approximate PVR(in) 1 2 3.3 2 3 2.8 3 4 2.3 4 5 1.9 5 6 1.5 6 7 1.1 7 8 0.9 The estimated PVR values provided in the table above are based on the FFE of the foundation systems at least 1'/2 feet above the existing grade at the site. Page 8 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas Based on our calculations, in order to reduce the PVR to approximately 1 inch it will be necessary to remove the expansive soils to a depth of 6'/2 feet. Other excavation depths and resulting PVR values are included in the table above. Additional undercutting and replacement may be required to further reduce the PVR based on architectural or structural design considerations, if the FFE of the foundation systems is less than 1'/2 feet above the existing grade at the site, or if proper positive and rapid site drainage is not provided around the pavement and foundation systems and/or other measures are not implemented during the design, construction and operation of the structures to ensure that saturation of the subgrade soils does not occur. In any of these cases, RETL should be contacted and given the opportunity to revisit the recommendations provided herein and provide additional recommendations as warranted. Upon completion of the required excavation to reduce the PVR to the target value, the exposed subgrade soils shall be moisture conditioned and recompacted, and compacted "Select Fill" soils shall be properly placed and compacted in the excavation to allow the FFE of the pavement and foundation systems to be located at least 1'/2 feet above the existing grade at the site. FOUNDATION TYPES CONSIDERED The foundation types considered for the support of the light pole and exercise station planned for this project include shallow spread/strip footings and straight shaft drilled piers. These foundation systems are further discussed below. Shallow Spread/Strip Footings— Shallow spread/strip footings are suitable for supporting the proposed light pole and exercise station planned for this project. Shallow spread/strip footings are used most advantageously when it is necessary to distribute comparatively light structural and working loads onto the supporting foundation materials or when it is necessary to uniformly support multiple concentrated loads at different locations on separate foundations. Typically, a PVR of 1 inch or less is recommend for this type of foundation. However, the designer may select a PVR value above 1 inch as long as the associated vertical movement and its corresponding interaction with the trail pavement structure, drainage system, underground facilities for the operation of the light pole (e.g. electric lines), and exercise station are acceptable to the owner and design team. The site improvement earthwork recommendations included in the "PVR Discussion" and "Site Preparation" sections of this report should be performed in accordance with the PVR value selected for this project. Straight-Shaft Drilled Piers — Straight-shaft drilled piers are a suitable foundation alternative to be used at this site for supporting the proposed light pole. Based on the soil conditions observed at the boring locations, it is anticipated that excavations of up to 11'/2-feet deep to install the drilled piers will remain open and stable. However, if this is not the case, the slurry method of drilling and/or installation of temporary steel casing could be utilized to successfully install drilled piers at this site. The selection of the adequate installation system is the sole responsibility of the contractor. Page 9 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas FOUNDATION RECOMMENDATIONS Shallow Spread/Strip Footing Recommendations Shallow spread/strip footings are feasible foundation options for the support the proposed light pole and exercise station if foundation movements associated with the selected PVR value for the project are acceptable to the owner and design team, as previously discussed in the "PVR Discussion" section of this report. RETL recommends considering a minimum depth of embedment for the spread/strip footings of 2 feet below finish grade. With this consideration, spread/strip footings bearing at a minimum depth of 2 feet below finish grade, and constructed on properly prepared select fill or appropriately compacted subgrade soils can be designed for an allowable net unit bearing pressure of 1,400 psf. This allowable pressure considers a factor of safety of about 3.0 for bearing capacity. Straight Shaft Drilled Pier Foundation Recommendations The proposed light pole can be supported by straight shaft drilled pier foundations. The structural designer can utilize the allowable unit skin friction values for the range in depths included in the following table for straight shaft drilled piers to resist the axial loads given the strengths of the subsurface soils encountered. Allowable Unit Skin Friction Values Depth Below Existing Grade (ft) Allowable Unit Skin Friction (psf) 0-5.5 Neglect 5.5-10.5 450 10.5-13 230 All depths are referenced from the existing ground surface elevations at the boring locations during the time of our field investigation. The allowable unit skin friction values provided above are based on the strengths of the in-situ soils and utilize a design safety factor of 2 against shear failure. The maximum depth for the straight shaft drilled piers is 13 feet. The piers will be subject to swell uplift forces resulting from adhesion of the expansive soils along the perimeter of the shafts. The swell uplift force can be estimated (in kips) by multiplying the diameter of the pier (in feet) by 25. Uplift due to expansive soils can be resisted utilizing the dead load on the pier and the buoyant weight of the pier itself. On the other hand, uplift resistance due to structural loading conditions can be calculated by utilizing 60 percent of the allowable skin friction values provided in the table above. Page 10 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas Settlement of a properly designed and constructed straight shaft drilled pier is estimated to be on the order of 1 percent of the shaft diameter of the pier and differential settlements of equally loaded same size drilled shafts should experience differential settlements on the order of '/2 percent of the pier shaft diameters. Straight shaft drilled piers should be spaced no closer than three pier diameters apart measured center to center. Drilled piers at this site should be adequately reinforced with a minimum of 1 percent of the cross-sectional area of the pier shaft throughout the depth of the pier to withstand uplift forces. Lateral Pier Analysis Straight-shaft drilled piers supporting the proposed light pole may be subjected to lateral loads. Lateral pier analysis programs such as L-pile will require the following soil parameters for this site: L-Pile Design Criteria D Description C e K Eso 0-5 CLAY Neglect 5-10.5 CLAY 2,000 -- 120 500 0.007 10.5-11.5 CLAY 1,000 -- 120 100 0.010 11.5-13 CLAY 1,000 -- 60 100 0.010 Where: D = depth (ft) yf: = effective unit weight, pcf C = shear strength, psf K= modulus of subgrade reaction (pci) = angle of internal friction, deg. Eso = 50% strain value K and Eso values were estimated from known correlations. PAVEMENT CONSIDERATIONS In designing the pavement for the proposed trail, the existing subgrade conditions must be considered together with the expected usage of the trail and anticipated loading conditions. The variables that influence pavement design can be summarized as follows: • Bearing value of the subgrade. This can be represented by a Modulus of Subgrade Reaction (K) for rigid pavements. • Expected traffic in the trail (pedestrian, bicycles, light maintenance vehicles, etc.), in terms of their frequency and range of weights. • Probable increase of usage of the trail over the life of the pavement. • The availability of suitable materials to be used in the construction of the pavement and their relative costs. Page 11 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas Specific laboratory testing to define the subgrade strength (i.e. K value) have not been performed for this analysis. Based upon local experience, the estimated K value for the natural surficial clay soils encountered at the planned pavement areas is 100 pci. Since specific usage of the trail and traffic conditions have not been provided, it is only possible to provide non-engineered pavement sections that have showed satisfactory performance under similar traffic and subgrade conditions. Rigid (Concrete) Pavement Recommendations The recommended pavement sections for the trail are provided in the table below, considering pedestrian and bicycle traffic, as well as occasional traffic from maintenance vehicles, including mowers, light utility vehicles, etc. If heavier traffic is expected, RETL should be provided with additional traffic information, so we can review and revise our recommendations, if needed. Rigid Pavement Option 1 Option 2 Reinforced Concrete 6 inches 6 inches Select Fill 6 inches ---- Lime Stabilized Subgrade (5%) ---- 8 inches Compacted Subgrade 12 inches ---- 11 Concrete pavement should be properly reinforced and jointed, as per ACI, and should have a minimum 28-day compressive strength of 4,000 psi. Expansion joints should be sealed with an appropriate sealant so that moisture infiltration into the subgrade soils and resultant concrete deterioration at the joints is minimized. The joints should be thoroughly cleaned, and sealant should be installed without overfilling before pavement is opened to traffic. Allowances for proper drainage and proper material selection of base materials are most important for performance of pavements. Ruts, birdbaths and poor site drainage allow for quick deterioration of the pavement primarily due to saturation of the underlying base materials and subgrade soils. Pavement Subgrade Preparation In areas where the pavements will be constructed, after all surface organics and deleterious materials have been removed to the desired subgrade elevation, the subgrade shall be proofrolled using a heavy pneumatic roller. Any soft areas identified shall be removed to firm soils, reworked and recompacted in place to obtain a stable and non-yielding subgrade. Upon completion of the proofrolling, and if an Option 1 pavement section will be used, the subgrade soils should be scarified, moisture conditioned and compacted to the minimum specified depth of 12 inches. The subgrade should be compacted to a minimum of 95 percent of the maximum dry density, as determined by the standard Proctor (ASTM D698), and at or above the optimum moisture content. Page 12 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas if an Option 2 pavement section will be used, then upon completion of proof rolling, the lime stabilization operations shall be performed in accordance with TxDOT Item 260, "Lime Treatment For Materials Used As Subgrade (Road Mixed)". Based on the results of the Atterberg limits testing for the subgrade soils and associated curves provided in TxDOT Test Method 121-E, RETL recommends that the lime be mixed at the rate of 5 percent, based on the maximum dry unit weight of the raw subgrade soils as determined by the standard Proctor test (ASTM D698). The lime stabilized soils should be compacted to a minimum density of 98 percent of the maximum dry density, as determined by a standard Proctor test (ASTM D698), and at or above the optimum moisture content. Routine Maintenance of Rigid Pavement Systems The pavement sections provided in this report are designed based on pavement sections constructed on similar subgrade soils and for facilities similar to those planned for construction at this site. The pavement will require routine joint maintenance to achieve a desirable life of pavement. Without proper maintenance, moisture infiltration into the base material and subgrade will result in rapid deterioration of the pavement system. RETL recommends that the owner protect their investment by incorporating an aggressive maintenance program. Expansion, Control and Construction Joints Expansion and control joints should be designed and placed in various portions of the pavement. Properly planned placement of these joints will assist in controlling the degree and location of material cracking that normally occurs due to material shrinkage, thermal affects, soil movements and other related structural conditions. In addition to the expansion and control joints discussed above, we recommend providing a construction joint in the trail pavement around the perimeter of the foundation systems for the light pole and exercise station, to mitigate cracking of the pavement should differential settlement occurs between the pavement and the foundations. This construction joint should be properly sealed and maintained as indicated before. SITE IMPROVEMENT METHODS Concrete Flatwork Construction Considerations The change in moisture content of the plastic clay soils is the primary mechanism resulting in the volumetric changes of the supporting soils. Provisions in the site development should be made in order to maintain relatively uniform moisture contents of the supporting soils. A number of measures may be used to attain a reduction in subsoil moisture content variations. Some of these measures are outlined below. Page 13 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas During construction, positive drainage schemes should be implemented to prevent ponding of water on the subgrade. • We recommend that an effective site drainage plan be devised by others prior to commencement of construction to provide positive drainage away from the project site, both during and after construction. • Utility trenches constructed in the project area should be backfilled with low plasticity clays or excavatable flowable fill to assure the trenches do not serve as aqueducts that could transport water beneath the structures of the project due to excessive surface water infiltration. • If it is desired or necessary to reduce the PVR movements beneath the trail pavement, the plastic soils should be undercut and replaced with select fill as discussed in the "PVR Discussion" and "Site Preparation" sections of this report. All project features beyond the scope of those discussed above should be planned and designed similarly to attain a region of relatively uniform moisture content within the foundation and flatwork areas. Poor drainage schemes are generally the primary cause of foundation and flatwork problems in South Texas. CONSTRUCTION CONSIDERATIONS Site Preparation Site clearing and grubbing operations should be performed at the site to remove organics, roots, rubble, deleterious matter or otherwise unsuitable soil or materials to a minimum depth of 6 inches, or deeper if needed for their complete removal. Deeper excavations may be needed to completely remove tree roots. Once the site is cleared, additional excavation may be required to reduce PVR at the site, as previously discussed in the "PVR Discussion" section of this report. This excavation should extend laterally outside the footprint of the pavement and foundation systems of the project, for a minimum distance of 5 feet. Once the excavation operations are completed as indicated herein, the upper 1 foot of exposed subgrade soils shall be moisture conditioned and recompacted to a minimum density of 95 percent of the maximum dry density as determined by the standard Proctor test (ASTM D698) and the moisture content shall be maintained at or above the optimum moisture content. If any soft areas are identified, the soils should be removed and recompacted in place. Upon completion of the subgrade preparation operations discussed above, properly compacted "Select Fill" should be placed to allow for a FFE of the foundation systems to be located at least 1'/2 feet above the average existing grade at the site, as indicated in the "PVR Discussion" section of this report. Page 14 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas Properly compacted "Select Fill" soils shall be placed in no greater than 8-inch thick loose lifts and compacted to a minimum density of 95 percent of the maximum dry density, as determined by the standard Proctor test (ASTM D698), and at or above the optimum moisture content. The select fill shall be placed in such a manner to provide a uniform thickness below the pavement and foundation systems. Select Fill Imported select fill material used at this site should be homogenous, free from organics and other deleterious materials and should have a maximum liquid limit of 40 percent and a plasticity index (PI) between 7 and 18. The select fill soils shall have a minimum of 35 percent passing the #200 sieve and no soil particles exceeding 1'/2 inches will be permitted. The existing reclaimed base material may be blended and used as select fill provided it complies with the gradation and plasticity requirements mentioned above. Select fill should be placed in no greater than 8-inch thick loose lifts and then compacted to a minimum density of 95 percent of the maximum dry density, as determined by the standard Proctor test (ASTM D698) and at or above the optimum moisture content. Drilled, Cast-in-Place, Pier Construction Considerations For straight-shaft drilled piers, in case an open and stable excavation is difficult to maintain, the drilling slurry method and/or the installation of temporary steel casing should be considered to stabilize the pier excavations and prevent groundwater and sloughing soils from entering the excavations prior to pier observation, placing reinforcing steel and pier concrete. The pier drilling contractor should be prepared to implement these construction methods and should have the appropriate equipment and casing on site. Care must be taken during concrete placement and casing removal to ensure that sufficient concrete head is maintained inside the casing to prevent soil intrusions in the pier concrete. Concrete should be placed as soon as possible after all loose material has been removed, the pier excavation inspected and reinforcing steel installed. In case temporary casing is used to stabilize the pier excavations, the contractor shall ensure that a competent clay layer is found at the bottom of the shaft to "seal"the casing. The selection of a competent layer to seal the casing is the sole responsibility of the contractor. A relatively high slump concrete mix (6 to 7-inches) is suggested to minimize problems related to the concrete adhering to the casing as the casing is removed and to minimize aggregate segregation caused by the reinforcing steel. Free fall of concrete into the pier excavation is permitted provided the concrete can be placed into the pier excavation without striking the sides of the excavation or hitting the rebar. It should be noted that research has shown that free fall concrete guided at the top of the excavation to avoid contact with the sides of the pier excavation and reinforcing steel can drop more than 80 feet without any measurable segregation and the strength of the concrete was not adversely affected as long as the concrete was falling through air. Page 15 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas In situations where it is impossible for the concrete to fall freely without striking the rebar cage or sides of the pier excavation the free fall should be limited to 10 feet or placed with a Tremie pipe. Pier excavations should not be allowed to stay open overnight. With the slurry method, slurry is introduced in the excavation during pier construction. It is essential that there is a sufficient slurry head available (or that the slurry density can be increased as needed) so that the slurry pressure inside the excavation is greater than the pressure from the groundwater table, to counteract the tendency of the soil to cave. Bentonite is most commonly used with water to produce the slurry ("bentonite slurry"). Some experimentation may be required to obtain optimum percentage for a site but amounts in the range of 4 to 6 percent by weight are usually adequate. The bentonite should be well mixed with water so that the mixture is not lumpy. The slurry should be capable of forming a filter cake on the shaft wall and to carry the smaller (say, under 6mm) excavated particles in suspension. Polymer or a mix of slurry and polymer can be also used to stabilize the pier excavations. The final selection and design of the proper slurry is the sole responsibility of the contractor. With the slurry method it is generally desirable to: • Prevent having the slurry in the shaft too long to prevent an excessively thick filter cake that may be difficult to displace with concrete during shaft filling. • Pump the slurry and screen out the larger soil particles in suspension then the "conditioned" slurry can be returned to the shaft prior to concreting. • Care should be exercised in excavating clay through the slurry so that pulling a large fragment does not cause sufficient negative pore pressure, or suction, to develop and collapse a part of the shaft. When the shaft is complete the rebar cage is set in place and a tremie installed (this sequence is usually necessary so that the tremie does not have to be pulled to set the cage and then reinserted-almost certain to produce a slurry film discontinuity in the shaft). Concrete is pumped with great care taken that the tremie is always well submerged in the concrete so a minimum surface area is exposed and contaminated with slurry. Studies have shown that the concrete will adequately displace slurry particles from the rebar cage so a good bond can be obtained, and as previously noted, if the shaft is not open too long the filter cake on the pier wall is reasonably displaced as well. The successful placement of a pier foundation is dependent on the expertise of the drilled pier foundation contractor. It is recommended that a test pier excavation be performed at the site to verify groundwater conditions at the specific location and time, and to ensure that the proper pier type and method of pier installation is being performed. The Geotechnical Engineer or his designated representative should be present to witness the test pier operations as well as all of the production pier installation activities. Page 16 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas Earthwork and Acceptance Exposure to the environment may weaken the soils at the foundation and pavement bearing level if the excavations remain open for long periods of time. Therefore, it is recommended that the foundation and pavement excavations be extended to final grade and that the foundation and pavements be constructed as soon as possible to minimize potential damage to the bearing soils. The foundation and pavement bearing levels should be free of loose soil, ponded water or debris and should be observed prior to concreting or placing pavement constituents by the Geotechnical Engineer or his designated representative. Foundation concrete or pavement constituents should not be placed on soils that have been disturbed by rainfall or seepage. If the bearing soils are softened by surface water intrusion, or by desiccation, the unsuitable soils must be removed from the foundation and pavement excavations and be replaced with properly compacted select fill prior to placement of concrete or pavement constituents per Engineer's direction. The Geotechnical Engineer or his designated representative should monitor subgrade preparation and placement of fill. As a guideline, a minimum of one in-place density test shall be performed on the subgrade soils and each subsequent lift of fill for each 3,000 square feet, or a minimum of three in-place density tests per testing interval, whichever is greater. Any areas not meeting the required compaction should be recompacted and retested until compliance is met. Utilities Utilities that project through the pavement and foundation systems should be designed with either some degree of flexibility or with sleeves, in order to prevent damage to these lines should vertical movement occur. GENERAL COMMENTS If significant changes are made in the character or location of the proposed Salinas Park Improvements project, a consultation should be arranged to review any changes with respect to the prevailing soil conditions. At that time, it may be necessary to submit supplementary recommendations. It is recommended that the services of RETL be engaged to test and evaluate the soils in the foundation and pavement excavations in order to verify that the subgrade soils are consistent with those encountered in the borings. RETL cannot accept any responsibility for any conditions that deviate from those described in this report, nor for the performance of the foundations or pavements if not engaged to also provide construction observation and testing for this project. If it is required for RETL to accept any liability, then RETL must agree with the plans and perform observation during construction as we recommend. Page 17 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas All sheeting, shoring and bracing of trenches, pits and excavations, as well as dewatering operations, should be made the responsibility of the contractor and should comply with all current and applicable local, state and federal safety codes, regulations and practices, including the Occupational Safety and Health Administration. Page 18 of 18 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 �' / • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ENGINEERING& TESTING �'pq�a �QQ�� • SOILS •ASPHALT•CONCRETE SITE VICINITY MAP I i e m„., h�oVir i zF Ilr 1, April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas ROCK ENGINEERING& TESTING LABORATORY, INC. Corpus Christi San Antonio Round Rock Office:361.883.4555 Office:210.495.8000 Office:512.284.8022 Fax:361.883.4711 Fax:210.495.8015 Fax: 512.284.7764 6817 Leopard St. 10856 Vandate 7 Roundville Ln. Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock,TX 78664 www.rocktesting.com DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 �' / • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ENGINEERING& TESTING �'pq�a �QQ�� • SOILS •ASPHALT•CONCRETE BORING LOCATION PLAN a „�� / ,:� // � / / iii// � ✓ ! � � � >� %�� ���r�� � ', r l.. r ,�i"+i�%/ III J � r✓ 1 /... � ,,,,-,,/� , � J April 6, 2022 SALINAS PARK IMPROVEMENTS Attn: Mr. Jeff Coym, P.E., Vice President 1354 Airport Road RETL Job Number G122150 Corpus Christi, Texas ROCK ENGINEERING& TESTING LABORATORY, INC. Corpus Christi San Antonio Round Rock Office:361.883.4555 Office:210.495.8000 Office:512.284.8022 Fax:361.883.4711 Fax:210.495.8015 Fax: 512.284.7764 6817 Leopard St. 10856 Vandate 7 Roundville Ln. Corpus Christi,TX 78409 San Antonio,TX 78216 Round Rock,TX 78664 www.rocktesting.com DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 LOG OF BORING B-'I SHEET 1 of 1 G CLIENT: LJA Engineering, Inc. Rock Engineering&Testing Lab. Inc PROJECT: Salinas Park Improvements ti 6817 Leopard Street LOCATION: 1354 Airport Road, Corpus Christi, Texas c Corpus Christi,Texas 78409 p p !/O ' �a Telephone: 361-883-4555 NUMBER: G122150 9yro�Y `aG°�4° Fax: 361-883-4711 DATES DRILLED: 3/14/2022 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERBERG Solid Stem Auger LIMITS X W GROUNDWATER INFORMATION: LU p w Dry and Open upon completion of drilling. Z w Z O J H >- L17 > p O f �"`0 U co LU Oa ~ F- ZZ) FZ LL aaU 0- H" O O5 &5 0-1 co uiw w > Z z co W c J J mZZ° cog oz SURFACE ELEVATION: N/A } aa ° °) p CO vi Z n:r 0 :2 LL PP :2 DESCRIPTION OF STRATUM 1/77 ASPHALT, approximately 2 inches S-1 6 29 16 13 14 RECLAIMED BASE: CLAYEY GRAVEL WITH SAND, 1 approximately 14 inches(GC)(45%gravel sized particles)(41% sand particles) - p= 1.5 9 37 17 20 21 FILL: CLAYEY SAND WITH RECLAIMED BASE, dark gray, 2 s-2 moist,firm. (SC) 3 ----- -------------- -- -- ------------------------------ 4 - FAT CLAY WITH SAND, dark gray, moist, ver soft. S-3 Tv=2.5 34 84 9 Y. Y 5 Boring was terminated at a depth of 5 feet. N V J h WI U Ir a C7 d N N N_ o N - STANDARD PENETRATION TEST RESISTANCE REMARKS: Qc- STATIC CONE PENETROMETER TEST INDEX Drilling operations were performed by RETL at GPS Coordinates o P - POCKET PENETROMETER RESISTANCE 27.76334° W 97.43754° o Tv-TORVANE SHEAR STRENGTH TEST J DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 LOG OF BORING B-2 SHEET 1 of 1 G CLIENT: LJA Engineering, Inc. Rock Engineering&Testing Lab. Inc PROJECT: Salinas Park Improvements ti 6817 Leopard Street LOCATION: 1354 Airport Road, Corpus Christi, Texas c Corpus Christi,Texas 78409 p p !/O ' �a Telephone: 361-883-4555 NUMBER: G122150 9yro�Y `aG°�4° Fax: 361-883-4711 DATES DRILLED: 3/14/2022 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERBERG Solid Stem Auger LIMITS X W GROUNDWATER INFORMATION: LU p w Groundwater(GW)was encountered at a depth of 11.5 feet during drilling. w H _ ? � GW at 11.5 feet and caved at 12 feet upon completion. Z g p =a J O = > O Z LL co LLJ0 U �aaU W HO LIJcnO5 0-1 cn Cn z CO w > n n Z� O JJ Z moo° pN SURFACE ELEVATION: N/Ag oaa ° °p CO vi 0 :2 LL PL PIo aU a"i DESCRIPTION OF STRATUM 8 36 18 18 14 ASPHALT, approximately 2 inches S-1 RECLAIMED BASE: CLAYEY GRAVEL WITH SAND, 1 approximately 4 inches(GC)(57%gravel sized particles)(29% sand particles) SH 2 S-2 Tv=3.0 41 83 FAT CLAY WITH SAND, dark gray, moist, very soft. 3 4 SH Same as above,gray and brown, stiff. CH S-3 P=2.0 33 72 23 49 75 9 Y ( ) 5 6 SH 7 S-4 P=2.75 29 Same as above, brown. 8 9 SH Same as above,very S-5 P=3.25 24 64 20 44 87 stiff. (CH ) 10 ----------------------------- ------------------------------ 11 SH p= 1.5 21 LEAN CLAY WITH SAND, brown, moist,firm. 12 S-6 N 13 ----- ———— ———— -- -- -- ------------------------------ N :. . 14 SSPOORLY GRADED SAND WITH SILT, brown, moist, medium. W '. S7 N=13 26 9 o 15 Boring was terminated at a depth of 15 feet. a C7 d N N N_ o N - STANDARD PENETRATION TEST RESISTANCE REMARKS: Qc- STATIC CONE PENETROMETER TEST INDEX Drilling operations were performed by RETL at GPS Coordinates o P - POCKET PENETROMETER RESISTANCE 27.76128° W 97.43628° o Tv-TORVANE SHEAR STRENGTH TEST J DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 LOG OF BORING B-3 SHEET 1 of 1 G CLIENT: LJA Engineering, Inc. Rock Engineering&Testing Lab. Inc PROJECT: Salinas Park Improvements ti 6817 Leopard Street LOCATION: 1354 Airport Road, Corpus Christi, Texas c Corpus Christi,Texas 78409 p p !/O ' �a Telephone: 361-883-4555 NUMBER: G122150 9yro�Y `aG°�4° Fax: 361-883-4711 DATES DRILLED: 3/14/2022 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERBERG Solid Stem Auger LIMITS X W GROUNDWATER INFORMATION: LU p w Dry and Open upon completion of drilling. Z w Z =a J O }} � > O Z LL co LU0 U F- Z) FaaU aH" 0 LLJcn O5 0-1 cn Cn z COcw > nZ� 0 JJ Zg moo° o pN SURFACE ELEVATION: N/A aao o ° °0 CO vi 0 :2 LL PL F, :2 :2 DESCRIPTION OF STRATUM 15 38 16 22 36 ASPHALT, approximately 2 inches S-1 RECLAIMED BASE: CLAYEY SAND WITH GRAVEL, 1 approximately 4 inches(SC)(21%gravel sized particles)(43% sand particles) SH 2 S-2 P=2.0 28 FAT CLAY WITH SAND, dark gray, moist, stiff. 3 4 SH CH S-3 P= 1.0 33 72 21 51 83 Same as above,firm. (CH) 5 Boring was terminated at a depth of 5 feet. N V J h WI U 0 a C7 d N N N_ R N - STANDARD PENETRATION TEST RESISTANCE REMARKS: Qc- STATIC CONE PENETROMETER TEST INDEX Drilling operations were performed by RETL at GPS Coordinates o P - POCKET PENETROMETER RESISTANCE 27.76310° W 97.43409° o Tv-TORVANE SHEAR STRENGTH TEST J DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 LOG OF BORING B-4 SHEET 1 of 1 G CLIENT: LJA Engineering, Inc. Rock Engineering&Testing Lab. Inc PROJECT: Salinas Park Improvements ti 6817 Leopard Street LOCATION: 1354 Airport Road, Corpus Christi, Texas c Corpus Christi,Texas 78409 p p !/O ' �a Telephone: 361-883-4555 NUMBER: G122150 9yro�Y `aG°�4° Fax: 361-883-4711 DATES DRILLED: 3/14/2022 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERBERG Solid Stem Auger LIMITS X W GROUNDWATER INFORMATION: LU p w Dry and Open upon completion of drilling. Z w Z O J H } � > p O f �"`0 U co LUU U t= Z) � N w w >5Z LL aa&5 � co co z co W H O O = J J >(n(n Z H O J J Z cn a g m o o° CO � a a } o z SURFACE ELEVATION: N/A p COavai z n t 0 � LL PL Uj PI o a° °U a"i t � DESCRIPTION OF STRATUM 6 29 14 1 14 ASPHALT, approximately 2 inches S-1 RECLAIMED BASE: CLAYEY GRAVEL WITH SAND, 1 approximately 5.5 inches(GC)(48%gravel sized particles) (38%sand particles) SH p=2 25 29 53 17 36 65 SANDY FAT CLAY,dark gray, moist, stiff. (CH) 2 S-2 3 4 SH S-3 P= 1.5 19 Same as above,firm. 5 Boring was terminated at a depth of 5 feet. 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W 0 saa!ndaS 6uuaaw6u3 }o auaw;dodap a JBC t-d'UN'U3'tl V4813 3d8l ONRI33NION3 v I SdX31 SlId1301N31Nd1nO3 3 NOIlH1S SS3Nlld d N l +t. I1SI21H0 S/1d21OO da ,llla (so-Vac xl'LLS18HO sndao0 'OV08 180d8w tm) � p 5I (0800) 103rodd S1N3W3A08dWl A8Vd SVNIlHS U N011dWi30 7 31V0 'ON NOISV3N NOLLdWMa M 31V0 '01 NOISIM13b' Im- Z LLI IL f/U} g 3 ' n 5m„^q m. p z o k 1 a am S llm z ! rd N �� P� w toll Ili"'irr�K,��r Iay w p 00 Wc ' w d d rah„ ° 4M 1 � qqr z Y Ii 9 'I z at. 44 r z 9 W ,„ -«, v. �, ,-�n,u <<,,. , ,. 0 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 DATE(MM/DD/YYYY) ACCORD® CERTIFICATE OF LIABILITY INSURANCE 712/19/2022 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: Lauren Lane Upshaw Insurance Agency, Inc. PHONE FAX 801 S. Fillmore, Suite 300 A/c No Ext): 806-468-0400 A/c No):806-468-0450 Amarillo TX 79101 ADDRESS: laurenf@upshaw-insurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: United Fire and Casualty Co. 13021 INSURED MAKOCON-01 INSURER B Mako Contracting LLC 3636 S. Alameda, Suite B153 INSURERC: Corpus Christi TX 78411 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2129031157 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY 85326132 6/23/2022 6/23/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY L/'-1 JECT 1:1 PRO OLOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 85326132 6/23/2022 6/23/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accent X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIREDX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLALIAB X OCCUR 85326132 6/23/2022 6/23/2023 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ $ A WORKERS COMPENSATION 85326132 10/1/2022 6/23/2023 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 F—]OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Equipment Floater 85326132 6/23/2022 6/23/2023 A Property 85326132 6/23/2022 6/23/2023 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Endts shown apply only if there is a written contract between the named insured&certificate holder that requires such coverage. GL,AU: Policies include a blanket additional insured endt(GL per attached CG7208 07/17 including ongoing&completed operations and CG2001 12/19 primary&non-contributory).GL &AU: Policies include a blanket waiver of subrogation endt. UMB: Follows form on underlying additional insureds including primary&non-contributory and waivers of subrogation;underlying policies include GL&AU. 30 days Notice of Cancellation applies except 10 days for non-pay. Project No.852015F Project:Salinas Park Improvements CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi, Texas 1201 Leopard Street AUTHORIZED REPRESENTATIVE Corpus Christi TX 78401 1261��� @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 C. SUPPLEMENTARY PAYMENTS —COVERAGES A AND B is amended: 1. To read SUPPLEMENTARY PAYMENTS 2. Bail Bonds Item 1.b. is amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. Loss of Earnings Item 1.d. is amended as follows: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work. 4. The following language is added to Item 1. However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. SECTION II - WHO IS AN INSURED A. The following change is made: Extended Reporting Requirements Item 3.a. is deleted and replaced by the following a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. The following provisions are added: 4. BROAD FORM NAMED INSURED Item 1.f. is added as follows: f. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However: (1) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired more than 50 percent of the voting stock; and (2) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired more than 50 percent of the voting stock. 5. Additional Insured — Owners, Lessees or Contractors-Automatic Status When Required in Construction or Service Agreement With You — Including Upstream Parties a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 6. Additional Insured — Products Completed Operations Coverage — Including Upstream Parties a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of "your work" specified in the "written contract' and included in the "products-completed operations hazard". However: (1) The insurance afforded to such additional insureds only applies to the extent permitted by law; (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. (3) Such coverage will not apply subsequent to the first to occur of the following: i. The expiration of the period of time required by the "written contract'; or ii. The expiration of any applicable statute of limitations or statute of repose with respect to claims arising out of "your work". c. With respect to the insurance afforded to any additional insured under this endorsement, the following additional exclusionary language shall apply: This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architecture, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 7. Additional Insured —Vendors a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s) arising out of "your products" shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Sub-paragraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 9. Additional Insured — Managers or Lessors of Premises a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 10. Additional Insured — Engineers, Architects or Surveyors Not Engaged by the Named Insured a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: (1) Your acts or omissions; or (2) Your acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. But only if such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. 11. Additional Insured — State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations Any state or governmental agency or subdivision or political subdivision is an insured, subject to the following provisions: CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard". 12. Additional Insured Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only — Owners, Lessees or Contractors a. Any persons or organizations for whom you are performing operations, for which you have elected to seek coverage under a Consolidated Insurance Program, when you and Such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy as an insured. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated Insurance Program. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. 13. Additional Insured — Employee Injury to Another Employee With respect to your "employees" who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of SECTION II —WHO IS AN INSURED is amended to read: a. "Bodily injury" or "personal and advertising injury": (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); (2) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above; or (3) Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a. is deleted. For the purpose of this Item 12 only, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 TEXAS - EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. " Extended Property Damage * Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage * Coverage for non-owned watercraft is extended to 51 feet in length * Property Damage — Borrowed Equipment * Property Damage Liability — Elevators * Coverage D —Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate * Coverage E —Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate —$500 Deductible * Coverage F— Electronic Data Liability Coverage —$50,000 * Coverage G — Product Recall Expense $25,000 Each Recall Limit with a $50,000 Aggregate —$1,000 Deductible * Coverage H —Water Damage Legal Liability —$25,000 * Coverage I — Designated Operations Covered by a Consolidated (Wrap-Up) Insurance Program — Limited Coverage * Increase in Supplementary Payments: Bail Bonds to $1,000 " Increase in Supplementary Payments: Loss of Earnings to $500 " For newly formed or acquired organizations —extend the reporting requirement to 180 days " Broadened Named Insured " Automatic Additional Insured — Owners, Lessees or Contractors —Automatic Status When Required in Construction Agreement With You — Including Upstream Parties " Contractors BlanketAdditional Insured — Products — Completed Operations Coverage — Including Upstream Parties " Automatic Additional Insured —Vendors • Automatic Additional Insured — Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You * Automatic Additional Insured — Managers or Lessor of Premises * Additional Insured — Engineers, Architects or Surveyors Not Engaged by the Named Insured * Additional Insured —State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations * Additional Insured — Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only — Owners, Lessees or Contractors Automatic Status When Required in Construction Agreement With You * Additional Insured — Employee Injury to Another Employee * Automatically included —Aggregate Limits of Insurance (per location) * Automatically included —Aggregate Limits of Insurance (per project) * Knowledge of occurrence — Knowledge of an 'occurrence", "claim or suit' by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee * Blanket Waiver of Subrogation * Liberalization Condition " Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. " "Insured Contract' redefined for Limited Railroad Contractual Liability " Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 lbs GVW " Bodily Injury Redefined REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 14 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS - EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES A. The following changes are made at COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Extended Property Damage At 2. Exclusions exclusion a. Expected or Intended Injury is replaced with the following: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability At 2. Exclusions the last paragraph is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of this owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. 3. Non-Owned Watercraft At 2. Exclusions exclusion g. Aircraft, Auto Or Watercraft (2) (a) is deleted and replaced by the following: (a) Less than 51 feet long; 4. Property Damage — Borrowed Equipment At 2. Exclusions the following is added to paragraph (4) of exclusion j. Damage To Property: This exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for "property damage" to any one piece of borrowed equipment under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 5. Property Damage Liability — Elevators At 2. Exclusions the following is added to paragraphs (3), (4) and (6) of exclusion j. Damage To Property: This exclusion does not apply to "property damage" resulting from the use of elevators. However, any insurance provided for such "property damage" is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. B. The following coverages are added: 1. COVERAGE D —VOLUNTARY PROPERTY DAMAGE COVERAGE "Property damage" to property of others caused by the insured: a. While in your possession; or b. Arising out of "your work". Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay. For the purposes of this Voluntary Property Damage Coverage only: Exclusion j. Damage to Property is deleted and replaced by the following: CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 j. Damage to Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. The amount we will pay is limited as described below in SECTION III — LIMITS OF INSURANCE. For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted sole discretion in making payments under this coverage. 2. COVERAGE E —CARE, CUSTODY AND CONTROL PROPERTY DAMAGE COVERAGE For the purpose of this Care, Custody and Control Property Damage Coverage only: a. Item (4) of Exclusion j. does not apply. The amount we will pay is limited as described below in SECTION III — LIMITS OF INSURANCE. For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted sole discretion in making payments under this coverage. 3. COVERAGE F — ELECTRONIC DATA LIABILITY COVERAGE For the purposes of this Electronic Data Liability Coverage only: a. Exclusion p. of Coverage A — Bodily Injury And Property Damage Liability in Section I — Coverages is replaced by the following: 2. Exclusions This insurance does not apply to: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury". b. "Property Damage" means: (1) Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (2) Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or (3) Loss of, loss of use of, damage to, corruption of, inability to access or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this Electronic Data Liability Coverage, "electronic data" is not tangible property. The amount we will pay is limited as described below in SECTION III — LIMITS OF INSURANCE. 4. COVERAGE G — PRODUCT RECALL EXPENSE a. Insuring Agreement (1) We will pay 90% of "product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. (2) We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others. The amount we will pay is limited as described below in SECTION III — LIMITS OF INSURANCE. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 b. Exclusions This insurance does not apply to "product recall expense" arising out of: (1) Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall". (2) Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product". (3) The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. (4) Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. (5) Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. (6) "Bodily Injury" or "Property Damage". (7) Failure of "your product' to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. (8) Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. (9) Legal fees or expenses. (10) Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product'. (11) "Product recall expense" arising from the "product recall' of any of "your products" for which coverage is excluded by endorsement. (12) Any "product recall' initiated due to the expiration of the designated shelf life of "your product'. 5. COVERAGE H —WATER DAMAGE LEGAL LIABILITY The Insurance provided under Coverage H (Section 1) applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. The amount we will pay is limited as described below in SECTION III — LIMITS OF INSURANCE. 6. COVERAGE I — DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM The following exclusion is added to Paragraph 2. Exclusions of SECTION I — COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: r. This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the "products-completed operations hazard" for any "consolidated (Wrap-up) insurance program" which has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not a consolidated (Wrap-up) insurance program: a. Provides coverage identical to that provided by this Coverage Part; or b. Has limits adequate to cover all claims. This exclusion does not apply if a "consolidated (Wrap-up) insurance program" covering your operations has been cancelled, non-renewed or otherwise no longer applies for reasons other than exhaustion of all available limits, whether such limits are available on a primary, excess or on any other basis. You must advise us of such cancellation, nonrenewal or termination as soon as practicable. For purposes of this exclusion a "consolidated (wrap-up) insurance program" is a program providing insurance coverage to all parties for exposures involved with a particular (typically major) construction project. CG 72 01 08 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 C. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended: 1. To read SUPPLEMENTARY PAYMENTS 2. Bail Bonds Item 1.b. is amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. Loss of Earnings Item 1.d. is amended as follows: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work. 4. The following language is added to Item 1. However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. SECTION II - WHO IS AN INSURED A. The following change is made: Extended Reporting Requirements Item 3.a. is deleted and replaced by the following a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. The following provisions are added: 4. BROAD FORM NAMED INSURED Item 1.f. is added as follows: f. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However: (1) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired more than 50 percent of the voting stock; and (2) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired more than 50 percent of the voting stock. 5. Additional Insured — Owners, Lessees or Contractors-Automatic Status When Required in Construction or Service Agreement With You — Including Upstream Parties a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 CG 72 08 07 17 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 6. Additional Insured — Products Completed Operations Coverage — Including Upstream Parties a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of "your work" specified in the "written contract' and included in the "products-completed operations hazard". However: (1) The insurance afforded to such additional insureds only applies to the extent permitted by law; (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. (3) Such coverage will not apply subsequent to the first to occur of the following: L The expiration of the period of time required by the "written contract'; or ii. The expiration of any applicable statute of limitations or statute of repose with respect to claims arising out of "your work". c. With respect to the insurance afforded to any additional insured under this endorsement, the following additional exclusionary language shall apply: This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architecture, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 7. Additional Insured —Vendors a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s) arising out of "your products" shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Sub-paragraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7138 CG 72 08 07 17 A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 9. Additional Insured — Managers or Lessors of Premises a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 10. Additional Insured — Engineers, Architects or Surveyors Not Engaged by the Named Insured a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: (1) Your acts or omissions; or (2) Your acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. But only if such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. 11. Additional Insured — State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations Any state or governmental agency or subdivision or political subdivision is an insured, subject to the following provisions: CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard". 12. Additional Insured Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only — Owners, Lessees or Contractors a. Any persons or organizations for whom you are performing operations, for which you have elected to seek coverage under a Consolidated Insurance Program, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy as an insured. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated Insurance Program. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. 13. Additional Insured — Employee Injury to Another Employee With respect to your "employees" who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of SECTION II —WHO IS AN INSURED is amended to read: a. "Bodily injury" or "personal and advertising injury": (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); (2) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above; or (3) Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a. is deleted. For the purpose of this Item 12 only, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 SECTION III - LIMITS OF INSURANCE A. The following Items are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B; and d. Damages under Coverage H. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and Coverage G. 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added: 8. Subject to Paragraph 5. of SECTION III — LIMITS OF INSURANCE $25,000 is the most we will pay under Coverage H for Water Damage Legal Liability. 9. Coverage G — Product Recall Expense Aggregate Limit $50,000 Each Product Recall Limit $25,000 a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the endorsement period. b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall" you initiate during the endorsement period. We will only pay for the amount of Product Recall Expenses which are in excess of the deductible amount. The deductible applies separately to each Product Recall. The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. 10. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 12. With respects to the insurance afforded to additional insureds afforded coverage by items 5 through 13 of SECTION II —WHO IS AN INSURED above, the following is added: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; b. Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 13. Subject to 5. of SECTION III — LIMITS OF INSURANCE, a $5,000 'occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Coverage D —Voluntary Property Damage Coverage. For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted sole discretion in making payments under this coverage. 14. Subject to 5. of SECTION III — LIMITS OF INSURANCE, a $25,000 "occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Coverage E — Care, Custody and Control Coverage regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of "property damage" as the result of any one 'occurrence" regardless of the number of persons or organizations who sustain damages because of that 'occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered 'occurrences" during one policy period. For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted sole discretion in making payments under this coverage. 15. Subject to 5. of SECTION III — LIMITS OF INSURANCE, the most we will pay for "property damage" under Coverage F — Electronic Data Liability Coverage for loss of "electronic data" is $50,000 without regard to the number of "occurrences". SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following conditions are amended: 1. Knowledge of Occurrence a. Condition 2., Items a. and b. are deleted and replaced by the following: (1) Duties In The Event Of Occurrence, Offense, Claim Or Suit (a) You must see to it that we are notified as soon as practicable of an 'occurrence" or an offense which may result in a claim. Knowledge of an 'occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: i. How, when and where the 'occurrence" took place; ii. The names and addresses of any injured persons and witnesses, and iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 (b) If a claim is made or "suit" is brought against any insured, you must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. 2. Where Broad Form Named Insured is added in SECTION II — WHO IS AN INSURED of this endorsement, Condition 4. Other Insurance b. Excess Insurance (1).(a) is replaced by the following: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not withstanding any other language in any other policy. This provision does not apply to a policy written to apply specifically in excess of this policy. B. The following are added: 1. Condition (5) of 2.c. (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. 10. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, "your work", or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. 11. Liberalization If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. 12. Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 13. The following conditions are added in regard to Coverage G — Product Recall Expense In event of a "product recall', you must a. See to it that we are notified as soon as practicable of a "product recall'. To the extent possible, notice should include how, when and where the "product recall' took place and estimated "product recall expense". b. Take all reasonable steps to minimize "product recall expense". This will not increase the limits of insurance. c. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed. d. Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. e. Cooperate with us in the investigation or settlement of any claim. f. Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 g. Claims Handling (1) Within 15 days after we receive written notice of claim, we will: (a) Acknowledge receipt of the claim. If we do not acknowledge receipt of the claim in writing, we will keep a record of the date, method and content of the acknowledgment; (b) Begin any investigation of the claim; and (c) Request a signed, sworn proof of loss, specify the information you must provide and supply you with the necessary forms. We may request more information at a later date, if during the investigation of the claim such additional information is necessary. (2) We will notify you in writing as to whether: (a) The claim or part of the claim will be paid; (b) The claim or part of the claim has been denied, and inform you of the reasons for denial; (c) More information is necessary; or (d) We need additional time to reach a decision. If we need additional time, we will inform you of the reasons for such need. (3) We will provide notification, as described in (2)(a) through (2)(d) above, within: (a) 15 business days after we receive the signed, sworn proof of loss and all information we requested; or (b) 30 days after we receive the signed, sworn proof of loss and all information we requested, if we have reason to believe the loss resulted from arson. If we have notified you that we need additional time to reach a decision, we must then either approve or deny the claim within 45 days of such notice. h. We will pay for covered loss or damage within 5 business days after: (1) We have notified you that payment of the claim or part of the claim will be made and have reached agreement with you on the amount of loss; or (2) An appraisal award has been made. However, if payment of the claim or part of the claim is conditioned on your compliance with any of the terms of this policy, we will make payment within 5 business days after the date you have complied with such terms. i. Catastrophe Claims If a claim results from a weather related catastrophe or a major natural disaster, the claim handling and claim payment deadlines described in a. and b. above are extended for an additional 15 days. Catastrophe or Major Natural Disaster means a weather related event which is: (1) Declared a disaster under the Texas Disaster Act of 1975; or (2) Determined to be a catastrophe by the State Board of Insurance. j. The term "business day", as used in this endorsement, means a day other than Saturday, Sunday or a holiday recognized by the state of Texas. k. We will issue loss payment to the first Named Insured shown in the Declarations and any mortgagee or loss payee as designated. 14. Limited Railroad Contractual Liability The following conditions are applicable only to coverage afforded by reason of the redefining of an "insured contract" in the DEFINITIONS section of this endorsement: a. Railroad Protective Liability coverage provided by ISO form CG 0035 with minimum limits of $2,000,000 per occurrence and a $6,000,000 general aggregate limit must be in place for the entire duration of any project. b. Any amendment to the Other Insurance condition of form CG 0035 alters the primacy of the coverage or which impairs our right to contribution will rescind any coverage afforded by the redefined "insured contract' language. c. For the purposes of the Other Insurance condition of form CG 0035 you, the named insured, will be deemed to be the designated contractor. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 13 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 CG 72 08 07 17 SECTION V - DEFINITIONS A. At item 12. Mobile Equipment the wording at f.(1) is deleted and replaced by the following: f. (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; except for such vehicles that have a gross vehicle weight less than 1,000 lbs which are not designed for highway use. B. Item 3. "bodily injury" is deleted and replaced with the following: 3. "bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. C. Item 9. "Insured Contract" c. is deleted and replaced with the following: c. Any easement or license agreement; D. Item 9. "Insured Contract" f.(1) is deleted. E. The following definitions are added for this endorsement only: 23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 24. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: a. The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage"; and b. Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product', but only if "your product" is unfit for use or consumption, or is hazardous as a result of: (1) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product'; or (2) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product' by someone other than you. 25. "Product recall expense" means reasonable and necessary expenses for: a. Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. b. Transporting recalled products from any purchaser, distributor or user, to locations designated by you. c. Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. d. Transportation and accommodation expense incurred by your employees. e. Rental expense incurred for temporary locations used to store recalled products. f. Expense incurred to properly dispose of recalled products, including packaging that cannot be reused. g. Transportation expenses incurred to replace recalled products. h. Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall'. CG 72 08 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 14 of 14 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 COMMERCIAL AUTO CA 71 09 01 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insuranceprovided under the fallowing: BUSINESS AUTO COVERAGE FORM COMMON POLICY CONDITIONS COVERAGEINDEX DESCRIPTION PAGE Temporary Substitute Auto Physical Damage 2 Broad Form Insured 2 Employee as Insureds 2 Additional Insured Status by Contract,Agreement or Permit 2 Bail Bond Coverage 3 Loss of Earnings Coverage 3 Towing and Labor 3 Amended Fellow Employee Coverage 3 Physical Damage Additional Transportation Expense Coverage 3 Extra Expense-Theft 3 Rental Reimbursement and Additional Transportation Expense 4 Personal Effects Coverage 4 Personal Property of Others 4 Locksmith Coverage 4 Vehicle Wrap Coverage 5 Airbag Accidental Discharge 5 Audio,Visual and Data Electronic Equipment Coverage 5 Auto Loan/Lease Total Loss Protection 5 Glass Repair—Deductible Amendment 5 Amended Duties in the Event of Accident Claim Suit or Loss 6 Waiver of Subrogation Required by Contract - 6 Unintentional Failure to Disclose 6 Hired, Leased, Rented or Borrowed Auto Physical Damage 6 Mental Anguish 7 Extended Cancellation Condition 7 The COVERAGE INDEX set forth above is informational only and grants no coverage. _ Terms set forth in (Bold Italics) are likewise for information only and by themselves shall be deemed to grant no coverage. CA 71 09 01 17 Includes'copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 7 0 *46019740* DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 (Temporary Substitute Auto Physical Damage) A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTION I - COVERED AUTOS, paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos is amended by adding the following at the end of the existing language: If Physical Damage Coverage is provided under this Coverage form for an "auto" you own, the Physical Damage coverages provided for that owned "auto"are extended to any"auto"you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, "loss", or destruction. B. BROADENED LIABILITY COVERAGES SECTION 11 - LIABILITY COVERAGE in Paragraph A. Coverage at 1. Who Is An Insured is amended to include the following: (Broad Form Insured) d. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. e. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership, (2) That is an "insured" under any other policy, (3) That has exhausted its Limits of Insurance under any other policy, or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation Coverage does not apply to "bodily injury" or "property damage"that results from an accident that occurred before you formed or acquired the organization. (Employee as Insureds) f. Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto"you do not own, hire or borrow. (Additional Insured Status by Contract,Agreement or Permit) g. Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury"or"property damage." The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered "autos"at the location(s)designated, if any. Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section II. C. Limits of Insurance. For any covered "auto"you own this Coverage Form provides primary coverage. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 C. BROADENED SUPPLEMENTARY PAYMENTS SECTION II. LIABILITY A. Coverage 2. Coverage Extensions a. Supplementary Payments (2)and (4)are replaced by the following: (Bail Bond Coverage) (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident"we cover. We do not have to furnish these bonds. (Loss of Earnings Coverage) (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $500 a day because of time off from work. (Amended Fellow Employee Exclusion) D. AMENDED FELLOW EMPLOYEE EXCLUSION Only with respect to your"employees"who occupy positions which are supervisory in nature,SECTION II. LIABILITY B. Exclusion 5. Fellow Employee is replaced by: 5. Fellow Employee "Bodily Injury": a. To you, or your partners or members (if you are a partnership or joint venture), or to your members(if you RN are a limited liability company); b. To your"executive officers"and directors (if you are an organization_other than a partnership, joint venture, or limited liability company) but only with respect,to performance of their duties as your officers or directors; c. For which there is an obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph a and b above;or d. Arising out of his or her providing or failing to provide professional health care services. For purposes of this endorsement, a position is deemed to be supervisory in nature if that person performs principle,work which is substantially different from that of his or her subordinates and has authority to hire, transfer,direct, discipline or discharge. E. BROADENED PHYSICAL DAMAGE COVERAGES SECTION III—PHYSICAL DAMAGE COVERAGE A. Coverage is amended as follows: (Towing and Labor) 2. Towing is deleted and replaced with the following: 2. Towing and Labor We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles we will pay up to$100 per disablement. b. For all other covered "auto's"we will pay up to$500 per disablement However,the labor must be performed at the place of disablement. (Physical Damage Additional Transportation Expense Coverage) 4. -Coverage Extensions a. Transportation Expenses is amended to provide the following limits: We will pay up to$60 per day to a maximum of$1,800.All other terms and provisions of this section remain applicable. The following language is added to 4.Coverage Extensions: (Extra Expense Theft) c. Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto" that is stolen, we will pay the expense of , x returning that stolen auto to you.The limit for this coverage extension is$5,000. g 8 R1 a CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 *47019750* DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 (Rental Reimbursement and Additional Transportation Expense) d. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of "loss"to remove and transfer your materials and equipment from a covered "auto" to a covered "auto". Payment applies in addition to the otherwise applicable coverage you have on a covered "auto". No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If"loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto and return it to you, or (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or (b) $75 per day. (c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (d) If"loss" results from the total theft of a covered "auto"of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION 111 — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions,a.Transportation Expenses. (Personal Effects Coverage) e. Personal Effects If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto is stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the "auto". The insurance provided under this provision is excess over any other collectible insurance.For this coverage extension, Personal Effects means tangible property that is wom or carried by an "insured". (Personal Property of Others) f. Personal Property of Others We will pay up to $500 for loss to personal property of others in or on your covered "auto". This coverage applies only in the event of"loss" to your covered "auto" caused by fire, lightning, explosion,theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductibles apply to this coverage. (Locksmith Coverage) g. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger"auto". The deductible is waived for these services. Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 (Vehicle Wrap Coverage) h. Vehicle Wrap Coverage If you have Comprehensive or Collision coverage on an "auto" that is a total loss, in addition to the actual cash value of the "auto' we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto' at the time of total loss. Regardless of the number of autos deemed a total loss,the most we will,pay under this Vehicle Wrap Coverage for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. (Airbag Accidental Discharge) F. SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended at 3. to include the following language: If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage. G. BROADENED LIMITS OF INSURANCE (Audio, Visual and Data Electronic Equipment Coverage) SECTION III —PHYSICAL DAMAGE COVERAGE —C.limit of Insurance at 1.b, is amended to provide the following limits: b. Limits of $1,000 per 'loss" is increased to $5,000 per "loss". All other terms and provisions of this section remain applicable. (Auto LoanlLease Total Loss Protection) SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance is amended by adding the following language: 4. In the event of a total "loss"to a covered "auto" shown in the Schedule pages, subject at the time of the "loss to a loan or lease,we will pay any unpaid amount due including up to a maximum of$500 for early termination fees or penalties on the lease or loan for a covered"auto' less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. (Glass Repair-Deductible Amendment) H. GLASS REPAIR DEDUCTIBLE SECTION 111-PHYSICAL DAMAGE COVERAGE-D. Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered "auto' will not apply to glass breakage if the damaged glass is repaired, rather than replaced, r co S CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 7 $ 8 S *48019760* DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 (Amended Duties in the Event of Accident, Claim, Suit or Loss) I. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM,SUIT OR LOSS Under SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, the following is added to paragraph 2. Duties In The Event of Accident,Suit or Loss: d. Knowledge of any "accident", "claim", "suit" or"loss" will be deemed knowledge by you when notice of such "accident", "claim", "suit"or"loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization. (Waiver of Subrogation by Contract) J. WAIVER OF SUBROGATION REQUIRED BY CONTRACT Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer of Rights of Recovery Against Others to Us the following language is added: However,we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the"bodily injury"or"property damage". (Unintentional Failure to Disclose) K. UNINTENTIONAL FAILURE TO DISCLOSE Under SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, the following is added to 2. Concealment, Misrepresentation Or Fraud: Your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. (Hired, Leased, Rented or Borrowed Auto Physical Damage) L. HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE Under SECTION IV— BUSINESS AUTO CONDITIONS B. General Conditions 5. Other Insurance Paragraph 5.b. is replaced by the following: b. (1) For"Comprehensive" and "Collision"Auto Physical Damage coverage provided by this endorsement,the following are deemed to be covered "autos"you own: (a) Any Covered "auto"you lease, hire, rent or borrow; and (b) Any Covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". (2) Limit of Insurance For This Section The most we will pay for any one "loss" is the lesser of the following: (a) $75,000 per accident, or (b) actual cash value at the time of loss, or (c) cost of repair. Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 DocuSign Envelope ID:63E29006-2DC7-4A8D-8FAB-D7871BFDF7B8 Minus a $500 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. No deductible applies to"loss" caused by fire or lightning. (3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Definitions for This Section (a) Comprehensive Coverage: from any cause except the covered"auto's"collision with another object or the covered "auto's" We will pay glass breakage,"loss"caused by hitting a bird or animal and,"loss"caused by falling objects or missiles. (b) Collision Coverage: caused by the covered "auto's" collision with another objector by the covered "auto's"overturn. (Mental,Anguish) M. MENTAL ANGUISH Under SECTION V-DEFINITIONS,C. is replaced by the following: C. 'Bodily injury means bodily injury, sickness or disease sustained by a person including mental anguish or death resulting from bodily injury,sickness, or disease. LIM (Extended Cancellation Condition) N. EXTENDED CANCELLATION CONDITION Under CANCELLATION,of the COMMON POLICY CONDITIONS form,item 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. iz 8 co M LIM CA 71 09 01 17 Includes copyrighted material of insurance Services Office, Inc.,with its permission. Page 7 of 7 g 8 *49019770*