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Home My WebLink AboutC2023-067 - 4/11/2023 - Approved DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 74/13/2023 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: Brady, Chapman, Holland&Associates PHONE FAx 10055 West Gulf Bank A/c No Ext): 713-688-1500 AC, c No):713-688-7967 Houston TX 77040 ADDRESS: eCerts@bch-insurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Texas Mutual Insurance Co 22945 INSURED PROGRESSIV2 INSURER B: Continental Insurance Company 35289 Progressive Commercial Aquatics, Inc 2510 Farrell Rd INSURER C: Continental Casualty Co.(CNA) 20443 Houston TX 77073 INSURER D:American Casualty Co of Reading PA 20427 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:484029619 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 D X COMMERCIAL GENERAL LIABILITY 5094992447 3/31/2023 3/31/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP(Any one person) $15,000 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: $ C AUTOMOBILE LIABILITY 5095120963 3/31/2023 3/31/2024 COMBINidED 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 B X UMBRELLALIAB X OCCUR 5095120879 3/31/2023 3/31/2024 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$ $ A WORKERS COMPENSATION 0001223875 3/31/2023 3/31/2024 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 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 D Leased/Rented Equipment 5094992447 3/31/2023 3/31/2024 Any One Item $400,000 C Installation Floater C6083005607 3/31/2023 3/31/2024 Any One Jobsite $500,000 Deductible $2,500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The policy includes Blanket additional insured on the general liability per form CNA75079XX 10-16 and automobile per form CNA63359XX 4-12,with a waiver of subrogation on the general liability per form CNA74705XX 1-15,automobile per form CNA63359XX 4-12 and workers compensation per form WC420304B when required by written contract. This insurance is primary and non-contributory as respects general liability CNA74705XX 1-15 and automobile form CNA63359XX 4-12. Umbrella follows form of underlying general,automobile and employers liability per form CNA75504XX 3-15. 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/Finance-Procurement ACCORDANCE WITH THE POLICY PROVISIONS. 1201 Leopard St. City Hall, 1st Floor PO Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 006113 PERFORMANCE BOND BOND NO. 585211190 Contractor as Principal Surety Name: Progressive Commercial Aquatics, Inc. Name: Liberty Mutual Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 2510 Farrell Rd. 2200 Renaissance Boulevard,Suite 400 Houston,Texas 77073 King of Prussia, Pennsylvania 19406-2755 Physical address(principal place of business): Owner 2200 Renaissance Boulevard,Suite 400 Name: City of Corpus Christi,Texas King of Prussia, Pennsylvania 19406-2755 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: Massachusetts 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. 22008 877-751-2640 Cole Park Splash Pad Telephone(for notice of claim): 877-751-2640 Local Agent for Surety Name: Keetch&Associates Insurance Award Date of the Contract:April 11,2023 Address: ]718 Santa Fe Street Contract Price: $707,216.00 Corpus Christi,Texas Bond Telephone: 361-883-3803 Email Address: racdehn@keetchins.com Date of Bond: April 14,2023 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 006113-1 Project No.22008 Cole Park Splash Pad 6/11/2021 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves,and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal gr-, e Ccs u,erc, 7ahes,tnc. Surety Lefty Mutual is si ance 61 parry Signature:�' Signature: Name: Name: Dennis M. Descant,Jr. Title: " //) % - �� Title: Attorney-in-Fact Email Address: ;'"a ',x64- C'' u'a° 1IsrwC'css,Ir Email Address: dermis.descant(ibch-insurance.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 0061 13-2 Project No. 22008 Cole Park Splash Pad 6/11/2021 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 006116 PAYMENT BOND BOND NO. 585211190 Contractor as Principal Surety Name: Progressive Commercial Aquatics, Inc. Name: Liberty Mutual Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 2510 Farrell Rd. 2200 Renaissance Boulevard,Suite 400 Houston,Texas 77073 King of Prussia,Pennsylvania 19406-2755 Physical address(principal place of business): Owner 2200 Renaissance Boulevard,Suite 400 Name: City of Corpus Christi,Texas King of Prussia,Pennsylvania 19406-2755 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: Massachusetts 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. 22008 877-751-2640 Cole Park Splash Pad Telephone (for notice of claim): 877-751-2640 Local Agent for Surety Name: Keetch&Associates Insurance Award Date of the Contract:April 11,2023 Address: 1718 Santa Fe Street Contract Price: $ 707,216.00 Corpus Christi,Texas 78404 Telephone: 361-883-3803 Bond Email Address: racdehn keetchins.com Date of Bond: April 14,2023 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 006116-1 Project No.22008 Cole Park Splash Pad 2021 oo"u3ignEnvelope 0:oyorson4-71uF-41oC*npn+5opeeo4o7nn 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 fullforce and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclu Contractor as Principal- 9t-'V"'Kc"4" tics,I 1c. Surety erty . UtUal na,ance Cc.i Signatu re: t e: Signatur Name: Name: Dennis M.Descant,Jr. Title: /))"r A Title: Attorncy-in-F�ict Email Address: X J Email Address: (leiiiiis.descaiit(i�),beii-il)SLli-atice.coilI (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 0001 16-2 Project No. 22O08Cole Park Splash Pad 2021 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FI3ED4D769 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual® The Ohio Casualty Insurance Company Certificate No: 8206359-969337 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Cheryl A. Sanders Dennis M.Descant Jr. Jeffrey Lee Brady Michael Inman Timothy John Brady all of the city of Houston state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of September , 2021 Liberty Mutual Insurance Company %Ns The Ohio JP oaNgr fn yJooaPOagrG92 VPao4Ryn Casualty Insurance Company °R� apP.. 9 West AmcanlnsuranceComP y r° Fob Q 3 Fon � 3 oco g 1912 0 0 1919 g 1991 0 dJ1 SSg CHUS��.da O '!s 1A P, ab By: / c c>3 David M.Carey,Assistant Secretary m State of PENNSYLVANIAss — E County of MONTGOMERY o 5, —0 0 On this 28th day of September 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance C)m 0-6 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > a> � IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. C•� '.. ,xAnp. 0-0 O Commonwealth of Pennsylvania-Notary Seal fqr`�� Teresa Pastels.Notary Public O.� � Montgomery County ; O�0, My commission expires March 28,2025 By: O c @ ✓ Commission number 1126044 {J Member,Pennsylvania Association of Notaries Teresa Pastella,Notary Public Q O �`^4gT/tFt3M,TA:Sti?v O N This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual c? O Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: I0 Cl) ARTICLE IV-OFFICERS:Section 12.Power of Attorney. `0 6 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the a Cc President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety M— any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall -a ME o L have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such�o a) Z 0 instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the ami provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. T L a- ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal, acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surely obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surely bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 14th day of April 2023 P�1NSU� P,,11( INS&p 1Nsut,9 �J Gopvortgr'Lc, yJ oof—R.1 'qy `uP ooaPongr �J 3 Fo to Q r mo n 19 1919 12 0 2 1991 0 0 y o a 3 d�8jsgeHUS�aD y0�tin MPS�da� �'sND1ANP�aa By Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 Liberty Mutual. -- SURETY TEXAS TEXAS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call toll-free for information or to Usted puede llamar al numero de telefono gratis make a complaint at para informacion o para someter una queja al 1-877-751-2640 1-877-751-2640 You may also write to: Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 King of Prussia, PA 19406-2755 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at acerca de companias, coberturas, derechos o 1-800-252-3439 quejas al 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros Consumer Protection (111-1 A) de Texas Consumer Protection (I I I-I A) P. O. Box 149091 P. O. Box 149091 Austin, TX 78714-9091 Austin, TX 78714-9091 FAX: (512) 490-1007 FAX # (512) 490-1007 Web: http://www.tdi.texas.g_ov Web: http://www.tdi.texas.gov E-mail: ConsunierProtection@tdi.texas.gov tdi.texas.gov E-mail: ConsuinerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your Si tiena una disputa concerniente a su prima o a premium or about a claim you should first un reclamo, Bebe comunicarse con el agente o contact the agent or call 1-800-843-6446. primero. Si no se resuelve la disputa, puede If the dispute is not resolved, you may contact the entonces comunicarse con el departamento (TDI) Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA: POLICY: This notice is for information only and does not Este aviso es solo para proposito de informacion become a part or condition of the attached y no se convierte en parte o condition del document. documento adjunto. NP 70 68 09 01 LMS-15292 10115 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 0 1855 00 52 23 AGREEMENT This Agreement,for the Project awarded on April 11, 2023, is between the City of Corpus Christi (Owner) and Progressive Commercial Aquatics, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Cole Park splash pad 22008 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LevyDykema 807 N Upper broadway Suite 101 Corpus Christi,TX 78401 jdykema@levvdvkema.com 2.02 The Owner's Authorized Representative for this Project is: City of Corpus Christi 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 165 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed Agreement 005223-1 Cole Park Splash Pad-22008 Rev 12/2021 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 195 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. 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 $ 707,216.00 Agreement 005223-2 Cole Park Splash Pad-22008 Rev 12/2021 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement 005223-3 Cole Park Splash Pad-22008 Rev 12/2021 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 005223-4 Cole Park Splash Pad-22008 Rev 12/2021 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records,books, correspondence, instructions,drawings, receipts,vouchers,memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Solicitation documents. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. b. Include Wastewater CD Exhibit if Project pertains to SSO CD work. 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 Cole Park Splash Pad-22008 Rev 12/2021 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI DocuSigned by: DocuSigned by: C, 5/10/2023 5/10/2023 e 1j��7e °f uerrYa e tftffids, P.E City Secretary Director of Engineering Services M2023-053 AUTHORIZED 4/11/2023 APPROVED AS TO LEGAL FORM: BY COUNCIL DS DocuSigned by:1. J � � 5/9/2023 r;/sb a� Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR DocuSigned by: NatWb 5/3/2023 BA0CE5D1F12C4F8... (Seal Below) By: Russell Leto Note: Attach copy of authorization to sign if Title: CEO person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 2510 Farrell Road Financial Officer Address Houston Texas 77073 City State Zip 281-982-0212 Phone Fax Russell@proaquatic.com E-Mail END OF SECTION Agreement 005223-6 Cole Park Splash Pad-22008 Rev 12/2021 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 00 30 01 BID FORM Project Name: Cole Park Splash Pad Project Number: 22008 Owner: City of Corpus Christi OAR: Brett Van Hazel Designer: Levy Dykema 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: Progressive Commercial Aquatics, Inc. (full legal name of Bidder) Signature: �,r;.i �� ", , _ (signature of person with authority to bind the Bidder) Name: Russell Leto (printed name of person signing Bid Form) Title: CEO (title of person signing Bid Form) Attest: (signature) State of Residency: Texas Federal Tx ID No. 76-0202156 Address for Notices: 2510 Farrell Rd. Houston, TX 77073 Phone: 281-982-0212 Email: Russell@proaquatic.com Bid Form 00 30 01-Page 1 of 3 Cole Park Splash Pad-22008 Rev 8/2019 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 00 30 01 BID FORM Basis of Bid Item DESCRIPTION UNIT ESTIMATED I UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al IMobilization I LS 1 1 1 NA 24,000 A2 113onds & Insurance AL 1 NA 10,500 SUBTOTAL PART A-GENERAL(Items Al thru A2) 34,500 Part B-EXISTING CONDITIONS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 131 Earth Work LS 1 NA 25,000 B2 Fill LS 1 NA B3 Grading LS 1 NA B4 Demo LS 1 NA B5 Site Work LS 1 NA 4,000 SUBTOTAL PART B-EXISTING CONDITIONS(Items B1 thru 65) 29,000 Part C-SITE UTILITIES(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 Water LS 1 NA 21,000 C2 Waste Water LS 1 NA 32,500 C3 Electrical LS 1 NA 38,920 SUBTOTAL PART C-SITE UTILITES(Items C1 thru C3) 92,420 Part D-MECHANICAL EQUIPMENT(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 Pump Equipment LS 1 NA 164 596 SUBTOTAL PART D-MECHANICAL EQUIPMENT(D1 THRU D1) 164,596 Part E-SHED(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 1Pump House I LS I 1 I NA 1 75,000 SUBTOTAL PART E-SHED IMPROVEMENTS(E1 THRU E1) 75,000 Part F-SPLASH PAD(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) F1 lWater Features LS 1 NA 184,500 F2 Iconcrete I LS I 1 I NA 66,200 SUBTOTAL PART F-SPLASH PAD(F1 THRU F2) 250,700 Part G-ELECTRICAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) G1 jPump Equipment F LS 1 NA 26,000 SUBTOTAL PART G-ELECTRICAL(G1 THRU G1) 26,000 Part H-ALLOWANCES (per SECTION 0123 10 ALTERNATES AND ALLOWANCES) H1 Allowances for Unforeseen Cond. AL 1 $ 35,000.00 $ 35,000.00 SUBTOTAL PART H-ALLOWANCES(H1 THRU H1) 35,000 Bid Form 00 30 01-Page 2 of 3 Cole Park Splash Pad-22008 Rev 8/2019 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 00 30 01 BID FORM BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A2) 34,500.00 SUBTOTAL PART B- EXISTING CONDITIONS (Items 131 thru 135) 29,000.00 SUBTOTAL PART C- SITE UTILITIES (Items C1 thru C3) 92,420.00 SUBTOTAL PART D- MECHANICAL EQUPIMENT(Items D1 thru D1) 164,596.00 SUBTOTAL PART E-SHED (Items E1 thru E1) 75,000.00 SUBTOTAL PART F-SPLASH PAD (Items F1 thru F2) 250 700.00 SUBTOTAL PART G - ELECTRICAL(Items G1 thru G1) 26,000.00 TOTAL PROJECT BASE BID(PARTS A THRU G) 672,216.00 SUBTOTAL PART H-ALLOWANCES (Items H1 thru H1) 35,000.00 TOTAL PROJECT 707,216.00 Bid Form 00 30 01-Page 3 of 3 Cole Park Splash Pad-22008 Rev 8/2019 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 Report Created On:2/8/2023 9:04:42 PM BID TOTALS BASE BID Total General $34,500.00 Existing Condition $29,000.00 Site Utilites $92,420.00 Mechanical Equipment $164,596.00 Shed $75,000.00 Splash Pad $250,700.00 Electrical $26,000.00 Allowances $35,000.00 Total $707,216.00 General No. Description Unit Qty Unit Price Ext Price Al Mobilization LS 1 $24,000.00 $24,000.00 A2 Bonds&Insurance AL 1 $10,500.00 $10,500.00 Subtotal: $34,500.00 Existing Condition No. Description Unit Qty Unit Price Ext Price B1 Earth Work LS 1 $25,000.00 $25,000.00 B2 Fill LS 1 $0.00 $0.00 B3 Grading LS 1 $0.00 $0.00 B4 Demo LS 1 $0.00 $0.00 B5 Site Work LS 1 $4,000.00 $4,000.00 Subtotal: $29,000.00 Site Utilites No. Description Unit Qty Unit Price Ext Price C1 Water Ls 1 $21,000.00 $21,000.00 C2 Waste Water Ls 1 $32,500.00 $32,500.00 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 Report Created On:2/8/2023 9:04:42 PM C3 Electrical LS 1 $38,920.00 $38,920.00 Subtotal: $92,420.00 Mechanical Equipment No. Description Unit Qty Unit Price Ext Price D1 Pump Equipment LS 1 $164,596.00 $164,596.00 Subtotal: $164,596.00 Shed No. Description Unit Qty Unit Price Ext Price E1 Pump House Ls 1 $75,000.00 $75,000.00 Subtotal: $75,000.00 Splash Pad No. Description Unit Qty Unit Price Ext Price F1 Water Feature LS 1 $184,500.00 $184,500.00 F2 Concrete Ls 1 $66,200.00 $66,200.00 Subtotal: $250,700.00 Electrical No. Description Unit Qty Unit Price Ext Price G1 Pump Equipment LS 1 $26,000.00 $26,000.00 Subtotal: $26,000.00 Allowances No. Description Unit Qty Unit Price Ext Price H1 Allowances for Unseen Conditions Al 1 $35,000.00 $35,000.00 Subtotal: $35,000.00 DocuSign Envelope ID:C9D73B34-715F-41BC-89F6-A50FBED4D769 CONTRACT DOCUMENTS FOR CONSTRUCTION OF COLE PARK SPLASH PAD 22008 "ORPOR 18514 Levy Dykema 807 North Upper Broadway, Suite 101 Corpus Christi TX, 78401 DC,DY 09/19/2022 Record Drawing Number CP-269 14 J �, s� 4 1 �� lF OF UW1Wzu11 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Preface Documents 00 00 00 Cover Sheet 000100 Table of Contents 000102 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(Rev4-2022) 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 (Rev5-2020) 01 33 01 Submittal Register(Rev 10-2018) 01 35 00 Special Procedures(Rev 10-2018) 01 50 00 Temporary Facilities and Controls(Rev 8-2019) 01 57 00 Temporary Controls(Rev8-2019) Part T Technical Specifications 012513 Substitutions 01 32 19 Submittal Schedules 014323 Installer Qualifications-Aquatic 030100 Maintenance of Concrete-Aquatic 03 15 16 Concrete Construction Joints 03 20 00 Concrete Reinforcing-Aquatic 03 30 53 Cast-in-Place Concrete-Aquatic and Testing Schedule 06 10 00 Rough Carpentry 07 16 14 Acrylic Modified (Flexible) Cementitious Waterproofing-Aquatic 09 91 00 Painting and Staining 13 11 00 Aquatic Equipment 131146 Aquatic Piping and Accessories Table of Contents 000100- 1 Cole Park Splash Pad 22008 Rev 1/2022 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 Division/ Title Section 13 12 00 Aquatic Spray Features and Controllers 22 51 19 Aquatic Water Treatment Equipment 26 00 00 Electrical 26 05 26 Grounding and Bonding Aquatic Structures 31 00 00 Earthwork for Aquatic Structures END OF SECTION Table of Contents 000100-2 Cole Park Splash Pad 22008 Rev 1/2022 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 000102 LIST OF DRAWINGS Architectural 1. Title, Index, and Location Map 2. General Notes& Code Summary 3. Site Plan and Details Aquatic 4. Aquatic General Notes 5. Aquatic General Notes 6. Splash Pad Site Plan 7. Splash Pad Equipment Plan 8. Splash Pad Dimension Plan 9. Splash Pad Plumbing Plan 10. Splash Pad Mechanical Equipment Plan 11. Splash Pad Mechanical Dimension Plan 12. Splash Pad Circulation Schematic 13. Splash Pad Feature Schematic 14. Splash Pad Sections 15. Splash Pad Details 16. Splash Pad Details 17. Splash Pad Details 18. Splash Pad Details 19. Splash Pad Details 20. Splash Pad Feature Cutsheets 21. Splash Pad Feature Cutsheets 22. Mechanical Enclosure Foundation Plan 23. Mechanical Enclosure Roof Framing Plan 24. Mechanical Enclosure Sections 25. Mechanical Enclosure Structural Details 26. Splash Pad Electrical Plan 27. Splash Pad Electrical Schematic 28. Splash Pad Riser Diagram & Panel Schedule List of Drawings 000102- 1 Cole Park Splash Pad-22008 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 Civil 29. Civil Cover&General Notes 30. General Dimension Plan 31. Drainage Plan 32. Grading Plan 33. Utility Plan 34. Storm Water Pollution Prevention Plan 35. Paving and Utility Details END OF SECTION List of Drawings 000102-2 Cole Park Splash Pad-22008 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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 (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: Cole Park splash pad 22008 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LevyDykema 807 N Upper broadway Suite 101 Corpus Christi,TX 78401 jdykema@levvdvkema.com 2.02 The Owner's Authorized Representative for this Project is: City of Corpus Christi 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 165 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed Agreement 005223- 1 Cole Park Splash Pad-22008 Rev 12/2021 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 195 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. 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 $ Agreement 005223-2 Cole Park Splash Pad-22008 Rev 12/2021 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement 005223-3 Cole Park Splash Pad-22008 Rev 12/2021 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 005223-4 Cole Park Splash Pad-22008 Rev 12/2021 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records,books, correspondence, instructions,drawings, receipts,vouchers,memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Solicitation documents. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. b. Include Wastewater CD Exhibit if Project pertains to SSO CD work. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Jeffrey Edmonds, P.E City Secretary Director of Engineering Services Agreement 005223-5 Cole Park Splash Pad-22008 Rev 12/2021 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 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 E-Mail END OF SECTION Agreement 005223-6 Cole Park Splash Pad-22008 Rev 12/2021 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 30.21 Notices. .................................................................................................................................131 General Conditions 007200-9 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C91D731334-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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:C9D73B34-715F-41 BC-89F6-A50FBED4D769 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi Brett Van Hazel-Assistant Director of Construction Services 4917 Holly Road, Bldg. 5 Corpus Christi,Texas, 78411 BrettVH@cctexas.com LevvDvkema John Dykema Jr.-Principal Architect 807 N Upper broadwav Suite 101 Corpus Christi,TX 78401 jdykemaC@levydykema.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: Month Day Month Days January 3 July 3 Supplementary Conditions 007300- 1 Cole Park Splash Pad-22008 Rev 4/2022 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of nineteen rain days have been set for this Project. An extension of time due to rain days will be considered only after 19 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 Subsurface and Physical Conditions A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. 1. Environmental Reports include the following: None 2. Drawings of physical conditions relating to known Hazardous Environmental Conditions at the Site include the following: None ARTICLE 6—BONDS AND INSURANCE SC-6.03 REQUIRED MINIMUM INSURANCE COVERAGE INSURANCE REQUIREMENTS CONTRACTOR'S INSURANCE AMOUNTS Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations $1,000,000 Per Occurrence 3. Explosions and Collapse Hazard $2.000,000 Aggregate Supplementary Conditions 007300-2 Cole Park Splash Pad-22008 Rev 4/2022 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 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- $1,000,000 Combined Single Limit Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability / $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required X Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required X Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required X Not Required ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS Supplementary Conditions 007300-3 Cole Park Splash Pad-22008 Rev 4/2022 DocuSign Envelope ID:C91D731334-715F-41BC-89F6-A50FBED4D769 SC-14.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: "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) . lIf the contract is entered 1 . Executive Order 14026 1 linto on or after January 30, 1 generally applies to the 1 12022, or the contract is 1 contract . 1 ) renewed or extended (e .g. , an 1 . The contractor must pay 1 loption is exercised) on or 1 all covered workers at 1 lafter January 30, 2022 : 1 least $15 . 00 per hour (or 1 I the applicable wage rate 1 I listed on this wage 1 I determination, if it is 1 I higher) for all hours 1 I spent performing on the 1 I contract in 2022 . I I I IIf the contract was awarded onl . Executive Order 13658 1 for between January 1, 2015 andl generally applies to the 1 1January 29, 2022, and the I contract . 1 ) contract is not renewed or 1 . The contractor must pay alll lextended on or after January 1 covered workers at least 1 130, 2022 : 1 $11 . 25 per hour (or the 1 I I applicable wage rate listed ) Supplementary Conditions 007300-4 Cole Park Splash Pad-22008 Rev 4/2022 DocuSign Envelope ID:C9D73B34-715F-41BC-89F6-A50FBED4D769 on this wage determination, l if it is higher) for all l hours spent performing on l that contract in 2022 . l I I I The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request . Additional information on contractor requirements and worker protections under the Executive Orders is available at 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 ** 2 . 58 Laborers : Common. . . . . . . . . . . . . . . . . . . . . . $ 7 . 25 ** Utility. . . . . . . . . . . . . . . . . . . . . $ 7 . 68 ** Power equipment operators : Backhoe . . . . . . . . . . . . . . . . . . . . . $ 9 . 21 ** Motor Grader . . . . . . . . . . . . . . . . $ 8 . 72 ** ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . ---------------------------------------------------------------- Supplementary Conditions 007300-5 Cole Park Splash Pad-22008 Rev 4/2022 DocuSign Envelope ID:C91D731334-715F-41BC-89F6-A50FBED4D769 ** Workers in this classification may be entitled to a higher minimum 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 Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at 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 Supplementary Conditions 007300-6 Cole Park Splash Pad-22008 Rev 4/2022 DocuSign Envelope ID:C9D73B34-715F-41BC-89F6-A50FBED4D769 prevailing for that classification in the survey. Example : PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i . e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate . Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example : SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination . 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE : UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate . OH indicates the state . The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. Supplementary Conditions 007300-7 Cole Park Splash Pad-22008 Rev 4/2022 DocuSign Envelope ID:C91D731334-715F-41BC-89F6-A50FBED4D769 A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be . * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Supplementary Conditions 007300-8 Cole Park Splash Pad-22008 Rev 4/2022 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue . 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final . ---------------------------------------------------------------- END OF GENERAL DECISIO" 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 Levy Dykema 361-882-8171 John Dykema 361-882-8171 Traffic Engineering 361-826-3547 Police Department 361-882-2600 361-826-1800 (361-826-1818 after Water/Wastewater/Stormwater hours) Gas Department 361-885-6900 (361-885-6942 after hours) Parks& Recreation Department 361-826-3461 Street Department 361-826-1875 City Street Div.for Traffic Signals 361-826-1610 Solid Waste & Brush 361-826-1973 IT Department (City Fiber) 361-826-1956 AEP 1-877-373-4858 Supplementary Conditions 007300-9 Cole Park Splash Pad-22008 Rev 4/2022 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 Public Agencies/Contacts Phone Number 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 ryl-i n k 361-208-0730 Windstream 1-800-600-5050 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 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 B. Pay for excessive review of Shop Drawings. 1. Cost for additional review time will be billed to the Owner by the Designer for the actual hours required for the review of Shop Drawings by Designer and in accordance with the rates listed below: ARTICLE 26—RECORD DATA SC-26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description 01 33 01 Items listed in Section 0133 01 Submittal Register. Supplementary Conditions 007300- 10 Cole Park Splash Pad-22008 Rev 4/2022 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 Specification Section Record Data Description Red-lined as-built plans are required when project is complete SC-30.21 Notices. B. Strict compliance is required for all notice provisions in this Contract. END OF SECTION Supplementary Conditions 007300- 11 Cole Park Splash Pad-22008 Rev 4/2022 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 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. Construction of a new 50'x40' splash pad for Cole Park.The splash pad will include 23 water features and a fenced utility yard as well as ADA access and sidewalks to and from existing parking.The city will utilize the new lift station (not in scope of work) for its drainage to the city.The pad location has been coordinated with the overall master plan for Cole Park currently being developed. 1.03 WORK UNDER OTHER CONTRACTS-NONE A. The following items of work are not included in this Contract, but may impact construction scheduling and completion: 1. None B. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents, the Contractor is to base his Proposal on the most expensive listing. C. Completion of the Work described in this Contract may impact the construction and testing of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. 1.04 WORK BY OWNER-NONE A. The Owner plans to perform the following items of work which are not included in this Contract, but may impact the construction scheduling and completion: 1. None B. Completion of the Work described in this Contract may impact the construction of the items listed above. Summary of Work 011100- 1 Cole Park Splash Pad-22008 Rev 10/2018 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. C. Owner will provide normal operation and maintenance of the existing facilities during construction, unless otherwise stated. 1.05 CONSTRUCTION OF UTILITIES A. Pay for temporary power, including but not limited to construction cost, meter connection fees, and permits. 1.06 USE PRIOR TO FINAL COMPLETION A. Owner has the right to use or operate any portion of the Project that is ready for use after notifying the Contractor of its intent to do so. B. The execution of Bonds is understood to indicate the consent of the surety to these provisions for use of the Project. C. Provide an endorsement from the insurance carrier permitting use of Project during the remaining period of construction. D. Conduct operations to insure the least inconvenience to the Owner and general public. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Summary of Work 011100-2 Cole Park Splash Pad-22008 Rev 10/2018 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. Alternates: 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate,and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option of the Owner. 5. Owner may incorporate these alternates in the Contract when executed, or may issue a Change Order to incorporate these alternates within 120 days at the prices offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days or other designated time period to negotiate a new price for incorporating the Work into the Project. B. The Bid Items described as "Allowances" have been set as noted in Bid Form and shall be included in the Total Base Bid of the Bid Form for each Bidder. This Allowance may be used at the Owner's discretion in the event that unforeseen conditions or conflicts are encountered during construction that warrants the use of the Allowance funds. If the use of Allowance funds becomes necessary, the OAR will provide written authorization at a cost negotiated between Owner and Contractor, using unit prices in the Bid Form when applicable. No work is to be performed under the Allowance items without written authorization from the OAR. There is no guarantee that any of these funds will need to be used during the course of the Work. 1.02 DOCUMENT SUBMITTALS A. Provide documents for materials furnished as part of the alternate in accordance with Article 24 of SECTION 00 72 00 GENERAL CONDITIONS. 1.03 DESCRIPTION OF ALTERNATES 1. None 1.04 DESCRIPTION OF ALLOWANCES A. Allowance H1-Allow for Unforeseen Conditions 1. An allowance of$35,000 will be used for Unseen Conditions discovered and addressed during the construction phase. Alternates and Allowances 012310- 1 Cole Park Splash Pad-22008 Rev 5/2020 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Alternates and Allowances 012310-2 Cole Park Splash Pad-22008 Rev 5/2020 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT 1.00 GENERAL 1.01 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents for lump sum payment items. Include all direct cost for the Work associated with that lump sum item and a proportionate amount for the indirect costs as described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS for each lump sum item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the lump sum price. B. Measurement for progress payments will be made on the basis of the earned value for each item shown as a percentage of the cost for the lump sum item as described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS. Payment at Final Completion will be equal to the total lump sum amount for that item. 1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents in unit price payment items. Include all direct cost for the Work associated with that unit price item and a proportionate amount for the indirect costs as described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS for each unit price item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the unit price. B. Measurement for payments will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. Measurement will be as indicated for each unit price item. 1.03 MEASUREMENT AND BASIS FOR PAYMENT FOR BASE BID ITEMS A. Bid Item A-1—Mobilization (Maximum 5%): 1. Include the following costs in this Bid item: a. Transportation and setup for equipment; b. Transportation and/or erection of all field offices, sheds, and storage facilities; c. Salaries for preparation of documents required before the first Application for Payment; d. Salaries for field personnel assigned to the Project related to the mobilization of the Project; e. Demobilization; and f. Mobilization may not exceed 5 percent of the total Contract Price. Measurement and Basis for Payment 01 29 01- 1 Cole Park Splash Pad-22008 Rev 5/2020 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 2. Measurement for payment will be made per lump sum on the following basis: When at least 5% of the adjusted contract amount for construction is earned, 75% of the mobilization lump sum bid amount will be eligible for payment, minus retainage. Upon substantial completion of all work under this Contract and removal of all equipment and materials from the Project site, the remaining 25% of the mobilization lump sum bid amount will be eligible for payment, minus retainage. B. Bid Item A-2— Bonds and Insurance 1. Payment shall include all bonds and insurance required under the Contract Documents. 2. Payment for bonds and insurance will be based on the receipt of documentation of actual costs. Contractor shall furnish satisfactory evidence of the rate or rates paid for all bonds and insurance. Contractor will be reimbursed for the actual cost of unique insurance as required and obtained specifically 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. 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, Schedule of Values, and BID FORM. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment 01 29 01-2 Cole Park Splash Pad-22008 Rev 5/2020 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 0133 01 Submittal Register 031516 Joint Filler 2.1 Record Data None None 031516 Caulking Sealants 2.2 Record Data None None 032000 Concrete Reinforcing 2.1 Shop Drawing None None 032000 Bar Supports 2.2 Record Data None None 033053 Cast-in-Place Concrete 2.1 Record Data None None 071614 Acrylic Modified(Flexible)Cementitious Waterproofing 2.1 Record Data None None 099100 Painting 2.1 Record Data None None 131100 Filters 2.1 Record Data None None 131100 Pumps 2.2 Record Data None None 131100 Gages 2.2 C Record Data None None 131100 Flow Meters 2.4 Record Data None None 131100 Identifying Signage 2.5 Record Data None None 131146 Pipe 2.1 Record Data None None 131146 Pipe Accessories 2.2 Record Data None None 131146 Valves 2.3 Record Data None None 131146 Backflow Prevention 2.4 Record Data None None 131146 1 Pipe Identification Materials 2.6 Record Data None None 131200 In round and Above round Aquatic Features 2.1 Record Data None None 225119 Chemical Monitor Controller 2.1 Record Data None None 225119 Disinfectant Feed 2.2 Record Data None None 225119 Ultraviolet Light Disinfection System 2.3 Record Data None None 2251119 pH Control 2.4 Record Data None None 260000 Motor Starters 2.1 Record Data None None 260000 Variable Frequency Drives 2.3 Record Data None None 260000 Panelboards 2.5 Record Data None None Submittal Register 01 33 01-1 Cole Park Splash Pad 22008 10/2018 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 01 35 00 SPECIAL PROCEDURES 1.00 GENERAL 1.01 CONSTRUCTION SEQUENCE A. Work shall be completed within the specified time for these items: Per means and Methods B. Consider the sequences, duration limitations, and governing factors outlined in this Section to prepare the schedule for the Work. C. Perform the Work not specifically described in this Section as required to complete the entire Project within the Contract Times. 1.02 PLAN OF ACTION A. Submit a written plan of action for approval for shutting down essential services. These include: 1. Electrical power, 2. Control power, 3. Pipelines or wastewater systems, 4. Communications equipment, and 5. Other designated functions. B. Describe the following in the plan of action: 1. Scheduled dates for construction; 2. Work to be performed; 3. Utilities, piping, or services affected; 4. Length of time the service or utility will be disturbed; 5. Procedures to be used to carry out the Work; 6. Plan of Action to handle emergencies; 7. List of manpower, equipment, and ancillary supplies; 8. Backups for key pieces of equipment and key personnel; 9. Contingency plan that will be used if the original schedule cannot be met; and C. Submit plan 2 weeks prior to beginning the Work. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Special Procedures 013500- 1 Cole Park Splash Pad 22008 Rev 10/2018 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 01 50 00 TEMPORARY FACILITIES AND CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED— NOT APPLICABLE A. Provide temporary facilities, 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 -NOT APPLICABLE 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 Cole Park Splash Pad-22008 Rev 8/2019 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 3. Prevent freezing of pipes,flooding, or the contamination of water. 4. Maintain Site security and protection of the facilities. 1.05 OPTIONS- NOT APPLICABLE 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-OPT 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—NOT APPLICABLE 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 Cole Park Splash Pad-22008 Rev 8/2019 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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- NOT REQUIRED 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- NOT 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- NOT REQUIRED 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 Cole Park Splash Pad-22008 Rev 8/2019 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 3.04 DRINKING WATER A. Provide all field offices with potable water. Provide a dispenser and cooling apparatus if bottled drinking water is provided. B. Pay for water services and maintain daily. 3.05 CONSTRUCTION FENCE A. Install and maintain a construction fence around the Site and off-site storage yards. Fence must be a minimum 6 feet high chain link construction unless shown otherwise. Provide gates with padlocks. 3.06 REMOVAL OF TEMPORARY FACILITIES A. Remove temporary buildings, sheds,and utilities at the conclusion of the Project and restore the Site to original condition or finished in accordance with the Drawings. B. Remove informational signs upon completion of construction. C. Remove Project identification signs, framing, supports, and foundations upon completion of the Project. 3.07 MAINTENANCE AND JANITORIAL SERVICE A. Keep job site in neat, clean, and safe condition. 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. END OF SECTION Temporary Facilities and Controls 015000-4 Cole Park Splash Pad-22008 Rev 8/2019 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 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 Cole Park Splash Pad-22008 Rev 8/2019 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 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 Cole Park Splash Pad-22008 Rev 8/2019 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 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 Cole Park Splash Pad-22008 Rev 8/2019 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 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 Cole Park Splash Pad-22008 Rev 8/2019 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 C. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and/or settling prior to entering a storm water conduit or inlet. D. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharges groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream,the Corpus Christi Bay. 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 A. An allowance will be included in the Bid for the unanticipated disposal of contaminated groundwater. This allowance may not be needed but is provided in case contaminated groundwater is encountered during the course of the Project and does not meet the water quality requirements for discharge into the storm water or wastewater systems. This allowance includes all materials, tools, equipment, labor, transportation, hauling, coordination, and proper disposal of the contaminated water at an approved landfill, deep water injection well, or other site as agreed to by the Designer. Suggested disposal facilities would be [US Ecology (USET) in Robstown, Texas or Texas Molecular in Corpus Christi, Texas]. B. The payment for this Work will be based on the Contractor's actual costs and will be negotiated. Payment will not include costs associated with routine dewatering, which is considered subsidiary to the appropriate bid items as described in Paragraph 1.11. 1.13 DISPOSAL OF HIGHLY CHLORINATED WATER A. Dispose of water used for testing, disinfection, and line flushing. Comply with Owner's requirements and Laws and Regulation regarding the disposal of contaminated water, including water with levels of chlorine,which exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. Comply with the requirements of all regulatory Temporary Controls 015700-5 Cole Park Splash Pad-22008 Rev 8/2019 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 agencies in the disposal of all water used in the Project. Include a description and details for disposal of this water in a Plan of Action per SECTION 0135 00 SPECIAL PROCEDURES. Do not use the Owner's wastewater system for disposal of contaminated water. 1.14 WINDSTORM CERTIFICATION A. All affected materials and installation shall comply with Texas Department of Insurance Requirements for windstorm resistant construction for design wind speed as required by the current version of the International Building Code (IBC). When applicable, Contractor shall be responsible for contracting with a licensed structural engineer in the State of Texas to perform all inspections and provide documentation for windstorm certification to the Texas Board of Insurance. The Contractor shall be responsible for providing all necessary design/assembly documentation for all new windows, doors, louvers, etc. to the windstorm engineer/inspectors required to conform with the requirements of the Texas Department of Insurance. 2.00 PRODUCTS 2.01 MATERIALS A. Provide materials that comply with Laws and Regulations. 3.00 EXECUTION 3.01 CONSTRUCTING, MAINTAINING AND REMOVING TEMPORARY CONTROLS A. Construct temporary controls in accordance with Laws and Regulations. B. Maintain controls in accordance with regulatory requirements where applicable, or in accordance with the requirements of the Contract Documents. C. Remove temporary controls when no longer required, but before the Project is complete. Correct any damage or pollution that occurs as the result of removing controls while they are still required. END OF SECTION Temporary Controls 015700-6 Cole Park Splash Pad-22008 Rev 8/2019 DocuSign Envelope ID:C9D73B34-715F-41BC-89F6-A50FBED4D769 Levy Dykema Cole Park Splash Pad 1 ,; j...........................i.*.� PHILIP N. CO LE / /....:........ .... ....... .... 2721 0 August 2022 TBC# 22054 The C. T. Brannon Corporation Consulting Engineers and Urban Planners Texas Firm Registration No. F-242 P O Box 7487 Tyler Texas 75711 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 Levy Dykema Cole Park Splash Pad TECHNICAL SPECIFICATIONS TABLE OF CONTENTS DIVISION 01 -GENERAL REQUIREMENTS 012513 Substitutions 01 3219 Submittal Schedules 01 4323 Installer Qualifications-Aquatic DIVISION 03—CONCRETE 0301 00 Maintenance of Concrete-Aquatic 03 15 16 Concrete Construction Joints 03 20 00 Concrete Reinforcing-Aquatic 03 30 53 Cast-in-Place Concrete-Aquatic DIVISION 06—WOOD, PLASTICS, AND COMPOSITES 06 10 00 Rough Carpentry DIVISION 07—THERMAL AND MOISTURE PROTECTION 07 16 14 Acrylic Modified (Flexible) Cementitious Waterproofing—Aquatic DIVISION 09—FINISHES 0991 00 Painting and Staining DIVISION 13—SPECIAL CONSTRUCTION 1311 00 Aquatic Equipment 1311 46 Aquatic Piping and Acce: 13 12 00 Aquatic Spray Features 2251 19 Aquatic Water Treatmeni 26 00 00 Electrical 26 05 26 Grounding and Bonding , DIVISION 31 —EARTHWORK 31 0000 Earthwork for Aquatic Structures DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 01 25 13 SUBSTITUTIONS PART 1 - GENERAL 1.1 SCOPE A. Substitution requests will not be considered in advance of the Bid. Bid the project based on the plans and specifications. B. Do not presume a substitution will be approved in preparing and submitting the Bid. C. A substitution request is required when: 1. Proposing significant change in equipment, products, or methods which would require redesign of parts of the work, especially, but not necessarily, affecting other trades. 2. Proposing a contract price change, either increase or decrease. 3. Proposing a significant change in equipment especially horsepower, electrical requirements, venting requirements, connections, footprint, efficiencies, materials, or other physical properties which affect the work. 4. Required by the Engineer D. The Contractor may require his subcontractors to provide drawings, setting diagrams, and similar information to help coordinate the Work, but such data shall remain between the Contractor and his subcontractors and will not be reviewed by the Engineer. E. Substitution requests must be in written form in hard copy or in digital (.PDF)format. 1. If hard copies are submitted provide the Engineer with two (2) copies for the Engineer plus the number of copies the Contractor will want returned. 2. If supplied in digital format, provide separate files for each scope element(e.g. roofing, swimming pools, site work, etc.) Do not combine files as this will delay review. 1.2 WORK COVERED UNDER OTHER SECTIONS A. A submittal, in contrast to a substitution request, is required when products are substantially the same and the engineer can approve them as "equal" or"approved equal"to the product, material, equipment or method specified. B. 01 32 19 Submittal Schedules 1.3 QUALITY ASSURANCE A. Coordination of Substitutions by the Contractor 1. Prior to each substitution request, carefully review and coordinate all aspects of each item being requested. 2. By affixing the Contractor's signature to each request, certify that the Substitution has been reviewed by the Contractor, consideration has been given to overall project impact and delivery, and all exceptions have been noted. 3. The Contract is based on the standards of quality established in the Contract Documents. Substitutions will be considered only when substantiated by the contractor's submittal of required data within 35 calendar days after award of the Contract. 4. Do not submit or incorporate into the work any substituted materials, equipment, or methods unless such substitution has been specifically approved in writing for this Work by the Engineer. TBC#22054 7.20.2022 01 2513 - 1 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 SUBSTITUTIONS 1.4 WRITTEN PROPOSAL REQUEST A. The Contractor shall identify work by all trades on the project that is affected by the proposed Substitution and provide as part of the Substitution request. The contractor shall bear all costs associated with said modifications. B. Provide pricing information for the Substitution including all necessary ancillary changes to the work brought about by the Substitution and all costs for purchasing, shipping, handling, storing, insuring and installing the substituted item. 1. Prepare a priced proposal for the Owner's consideration showing the cost(or credits) of the Substitution, any savings or adverse impact on cost due to the Substitution and the total NET price for accepting the proposal with all Contractor mark-ups and fees. C. Provide with the proposal all shop drawings, specifications, samples, manufacturer's literature, MSDS sheets, and other items in accordance with the provisions of this Section. D. Furnish an itemized statement of any and all differences between the proposed substitute and the specified item which in any way affect the item's life expectancy, maintenance, operating conditions, and suitability for the job. E. Identify in writing the advantages (and disadvantages)for allowing the substitution. Specifically list any and all features of the Substitution that deviate from the plans and specifications. F. Identify clearly any issues requiring the Engineer's attention, for example, dimensions, color or materials. G. Incomplete information may result in rejection of the request for substitution. PART 2 - PRODUCTS 2.1 SHOP DRAWINGS A. Scale and Measurements: Make Shop Drawings accurately to a scale sufficiently large enough to show all pertinent aspects of the item and its method of connection to the Work. B. Form of Documents Required 1. Shop Drawings in the form of two (2) blackline prints of each sheet. 2. Alternatively, the Engineer will accept digital files (.PDF). C. Review comments of the Engineer will be shown on prints when returned to the Contractor. The Contractor may make and distribute such copies as are required for his purposes. 2.2 MANUFACTURER'S LITERATURE A. Where literature from manufacturers includes data not pertinent, clearly show which portions of the contents are being submitted for review. Clearly identify which model number and which options are being provided for review. B. If hard copies are submitted, submit the number of copies which are required to be returned, plus two (2) copies which will be retained by the Engineer. 2.3 SAMPLES A. Where required by the plans and specifications provide sample or samples identical to the precise article proposed to be provided. B. Number of Samples Required: Unless otherwise specified, submit Samples in the quantity which is required to be returned, plus one which will be retained by the Engineer. 2.4 COLORS AND PATTERNS TBC#22054 7.20.2022 01 2513 -2 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 SUBSTITUTIONS A. Submit accurate color and pattern charts to the Owner/Engineer for selection. 2.5 SUBCONTRACTORS AND MATERIAL SUPPLIERS A. Submit a list of subcontractors and material suppliers and the names of the manufacturers of major items of material and equipment each proposes to furnish. PART 3 - EXECUTION 3.1 IDENTIFICATION OF SUBSTITUTION REQUEST A. Develop and submit a standard cover sheet for Substitutions. Consecutively Number All Requests B. Accompany each submission with a letter of transmittal showing all information required for identification and checking. C. On the first page of each submission, and elsewhere as required for positive identification, show the submission number in which the item was included. D. Maintain an accurate log for the duration of the Work, showing current status of all Substitution requests at all times. 3.2 TIMING OF SUBMITTALS A. Make Requests for Substitution within 35 calendar days of contract award. The Engineer may accept substitution requests after that deadline in some circumstances. B. In scheduling, allow at least twenty one (21)working days for review by the Engineer following his receipt of the request. (The review and approval process will usually require approval of the Owner even if there is no change in price.) 3.3 ENGINEER'S REVIEW A. In reviewing Requests for Substitution the Engineer is providing a service to the Owner. Engineer may consider contractor's convenience in reviewing the substitution but nevertheless, may reject any proposal he deems not in the best interest of the Owner. B. Review by the Engineer does not relieve the Contractor from responsibility for errors or omissions which may exist in the submission data. The contractor is responsible for determining all aspects of how the Substitution will impact the project. C. Review of Submittals under Section 01 32 19 of these Specifications does not change the specifications or construction documents. Substitutions are not approved simply because they are submitted with a submittal package. D. Engineer's Decision Final: The Engineer alone shall decide whether a proposed substitute is an acceptable equal to the product specified. 3.4 APPROVAL REQUIRED A. Do not proceed with a Substitution until the request has been approved in writing. B. Payment will not be made for unauthorized work. PART 4- POST CONSTRUCTION (NOT USED) END OF SECTION 01 25 13 TBC#22054 7.20.2022 01 2513 -3 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 01 32 19 SUBMITTAL SCHEDULES PART 1 - GENERAL 1.1 SCOPE A. Accumulate, assemble and organize submittals required by the Contract Documents, and revise and resubmit as necessary to establish compliance with the specified requirements. B. Refer to plans and specifications for items requiring submittal. C. Unrequired submittals will not be reviewed by the Engineer. The following are examples of items not required for submittal: 1. Reinforcing steel schedules other than a letter certifying grade of steel provided. 2. Pipe and fitting catalogs other than certification of compliance with ASTM designations listed in the construction documents. 3. Catalogs, other than particular pages of catalogs pertinent to the project. 4. The Contractor may require his subcontractors to provide drawings, setting diagrams, and similar information to help coordinate the Work, but such data shall remain between the Contractor and his subcontractors and will not be reviewed by the Engineer. 1.2 WORK COVERED UNDER OTHER SECTIONS A. 01 25 13 Substitutions B. Substitutions are NOT approved merely by the contractor providing a submittal for any item of work or materials. Substitutions will not be approved in advance of the bid. C. A substitution request is required when: 1. Proposing a significant change in equipment, products, or methods which would require redesign of parts of the work, especially, but not necessarily, affecting other trades. 2. Proposing a contract price change, either increase or decrease. 3. Proposing a significant change in equipment especially horsepower, electrical requirements, venting requirements, connections, footprint, efficiencies, materials, or other physical properties which affect the work. 4. Required by the Engineer 1.3 QUALITY ASSURANCE A. Coordination of Submittals: 1. Prior to each submittal to the engineer, the contractor is to review, correct, and coordinate all aspects of each item being submitted. 2. Verify that each item and the submittal for it conforms in all respects with the specified requirements, and point out any deviations from the contract provisions. 3. Affix the Contractor's stamp and/or signature to each submittal, certifying that this coordination has been performed. 4. Do not furnish materials or equipment differing from the submittal. 1.4 SUBMISSION A. Hard Copy— Provide two (2) complete sets of hardcopy documents in 3-ring binders tabbed to identify: TBC#22054 7.20.2022 01 3219 - 1 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 SUBMITTAL SCHEDULES 1. Specification section under which the submittal is made, for example Division 03- Concrete. 2. Short title for the submittal section such as "Concrete and Concrete Products" or "Mechanical Equipment" 3. Cover sheet for each separate section identifying date submitted and contents. B. Electronic Submission— Provide one or more .PDF files submitted in one `zipped' file. Deliver to the project engineer on compact disc, thumb-drive, or electronic mail. C. Provide a single submittal for the entire project containing all materials, equipment, and processes. An exception may be made by the Engineer for long lead-time items requiring early review and approval. Likewise, the Engineer may accept submission of incomplete submittals for items the completion of which might delay the project. Incomplete submittals may be rejected and returned to the contractor without review. PART 2 - PRODUCTS 2.1 SHOP DRAWINGS A. Scale and Measurements: Make Shop Drawings accurately to a scale sufficiently large enough to show all pertinent aspects of the item and its method of connection to the Work. B. Shop Drawing Format: 1. Hard Copy: Submit Shop Drawings in the form of two (2) photocopy or blackline prints of each sheet. Blueprints will not be acceptable. 2. Electronic Copy: Submit shop drawings electronically. Scanned or copied documents must be legible. C. Review comments of the Engineer will be shown on one set of prints when it is returned to the Contractor or marked-up red-lines of electronic drawings. The Contractor may make and distribute such copies as are required for his purposes. D. The Engineer does not `sign-off', order, or approve drawings for the purposes of fabrication. Any forms indicating a requirement for the Engineer to certify drawings for production and fabrication will be ignored. The contractor and his vendors remain totally responsible to the Owner for compliance with the construction documents, reviews notwithstanding. 2.2 MANUFACTURER'S LITERATURE A. Where content of submitted literature from manufacturers includes data not pertinent to the submittal, including multiple styles, sizes and options available, clearly denote which portions of the contents is being submitted for review. Do not include whole catalogs or installation and maintenance manuals with submittals. B. For hard copy submission, submit the number of copies which are required to be returned, plus two copies which will be retained by the Engineer. 2.3 SAMPLES A. Where required by the plans and specifications provide sample or samples identical to the precise article proposed to be provided. Identify as described under"Identification of submittals" below. B. Number of Samples Required: Unless otherwise specified, submit Samples in the quantity which is required to be returned, plus one which will be retained by the Engineer. 2.4 COLORS AND PATTERNS A. Submit accurate color and pattern charts to the Owner/Engineer for selection. TBC#22054 7.20.2022 01 3219 -2 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 SUBMITTAL SCHEDULES B. If published color charts are used in the submittal, Owner/Engineer will select one or more tentative colors. Contractor shall then submit actual final sample in the correct color for final approval. Final color selection will not generally be made from printed materials due to inaccuracies in color rendition. C. Final product shall not deviate from the Owner's approved selections and shall be re-painted, coated, replaced or manufactured, solely on Owner's decision. 2.5 SUBCONTRACTORS AND MATERIAL SUPPLIERS A. Submit a list of subcontractors and material suppliers and the names of the manufacturers of major items of material and equipment each proposes to furnish. PART 3 - EXECUTION 3.1 SCHEDULE OF VALUES A. Prior to submitting the first pay application, Contractor shall submit a schedule of values to be approved by the Engineer and used to evaluate the Contractor's pay requests. B. No one item in the schedule shall generally exceed twenty(20) percent of the contract amount but rather shall be broken down into more detailed sub-items. The Engineer may allow exceptions to this requirement. C. The schedule of values shall be submitted for approval on the form of application for payment the Contractor elects to use for the project. The form shall be consistent in content with standard AIA Document G702, Application and Certification for Payment, but the Contractor is not required to use the AIA forms. 3.2 IDENTIFICATION OF SUBMITTALS A. Consecutively Number All Submittals (Usually only one submittal is made but occasionally additional information is required to be provided): 1. When material is requested for any reason, transmit under a new letter of transmittal and with a new transmittal number. 2. On resubmittals, label as "Resubmittal" and cite the original submittal number for reference. B. Accompany the first and each subsequent submittal package with a letter of transmittal showing all information required for identification and checking. Identify submittal items MISSING from the current submittal package which are to be submitted later. C. Maintain an accurate submittal log for the duration of the Work, showing current status of all submittals at all times. Make the submittal log available to the Engineer for his review upon request. 3.3 TIMING OF SUBMITTALS A. Make submittals far enough in advance of scheduled dates for installation to provide time required for reviews, for securing necessary approvals, for possible revisions and resubmittals, and for placing orders and securing delivery. B. In scheduling, allow at least ten (10)working days for review by the Engineer following his receipt of the submittal. C. Color Selections: Submit all color samples as soon as possible so that the Owner/Engineer may coordinate colors. The Engineer may choose to delay approval of submittals if all color samples are not in his hands. TBC#22054 7.20.2022 01 3219 -3 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 SUBMITTAL SCHEDULES D. No claim for delay: The Contractor may assert a claim for additional time for completion if the Engineer has not reviewed submittals within fifteen (15)working days (weekdays but excluding holidays) but shall NOT be entitled to any financial recovery or monetary damages due to the delay. 3.4 ENGINEER'S REVIEW A. Review by the Engineer does not relieve the Contractor from responsibility for errors which may exist in the submittal data. Corrections or comments made on the shop drawings during this review do not relieve the contractor from compliance with requirements of the drawings and specifications. This check is only for review of general conformance with the design concept of the project and general compliance with the information given in the contract documents. The contractor is responsible for: 1. Confirming and correlating all quantities and dimensions 2. Selecting fabrication processes and techniques of construction 3. Coordinating his work with that of all other trades 4. Performing his work in a safe and satisfactory manner. B. Review Results: Submittals will be stamped by the Engineer and signed with one of the following notations: 1. Reviewed: The item has been reviewed and found in substantial compliance with the intent of the construction documents and the Contractor may purchase, order, fabricate, and deliver such items for use in the project as he deems necessary. It does not in any way connote approval and responsibility on the part of the Engineer for fabrication or placing orders. It, in no way, implies the submittals are without errors and the Engineer is not required to discover errors, either accidental or intentional. 2. Furnish as Corrected: The item has been reviewed and notations made on the submittal which, if complied with, will render the submittal in substantial compliance with the intent of the construction documents. 3. Revise and Resubmit: The item has been reviewed and significant questions or deviations noted which require additional information or clarification. The Contractor is not free to move forward with ordering or fabricating the item until a Resubmittal has been provided and reviewed satisfactorily. 4. Reviewed and Refected: The item has been reviewed and does not meet the requirements of the construction project. It may require resubmission of a different product, process or vendor. C. Revisions 1. Make revisions required by the Engineer and clearly denote all revisions on the resubmission. 2. If the Contractor considers any required revisions to be a change in scope or affecting price, he shall so notify the Engineer and provide documentation with the resubmittal. 3. Make only those revisions directed or approved by the Engineer. Provide only the additional information requested. Do not resubmit the whole submittal package. D. Engineer's Decision Final: The Engineer alone shall decide whether a proposed submittal is an acceptable equal to the product specified. Where the terms 'Or Equal' or'Approved equal' or similar language appears in these construction documents, it shall be interpreted to mean equal in the opinion of the Engineer. PART 4- POST CONSTRUCTION TBC#22054 7.20.2022 01 3219 -4 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 SUBMITTAL SCHEDULES END OF SECTION 01 32 19 TBC#22054 7.20.2022 01 3219 -5 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 01 43 23 INSTALLER QUALIFICATIONS—AQUATIC PART 1 - GENERAL 1.1 SCOPE A. This section shall govern the pre-qualification of aquatic contractors or subcontractors and the procedures and requirements for such pre-qualification. No prime contractor or construction manager shall, in his proposal for the contract being bid, consider the bid of, or name, or otherwise award any aquatic subcontract for the construction of swimming pools, aquatic features or similar work to a corporation, partnership, sole proprietorship not previously approved under this section. The aquatic consultant will issue a certification letter which shall be attached to the aquatic contractor's/subcontractor's bid. B. Any aquatic construction firm desiring to be pre-qualified under the terms herein must submit by mail, electronic mail, express delivery or fax, the application form included at the end of this section to: Philip Cowles, PE The C. T. Brannon Corporation P.O. Box 7487 Tyler, TX 75711 (physical: 1321 S. Broadway, Tyler, TX 75701) C. The proposing firm shall be responsible for verifying receipt of the application by the aquatic consultant. Failure of the aquatic consultant to receive a transmitted form will not be just cause for default approval or for any claim against the aquatic consultant. D. TO BE CONSIDERED, FORMS OF APPLICATION MUST BE IN THE OFFICE OF THE ABOVE AQUATIC CONSULTANT NOT LESS THAN 72 HOURS BEFORE THE OFFICIAL AND ADVERTISED CLOSING OF THE RECEIPT OF BIDS TO THE OWNER. FORMS RECEIVED AFTER THAT DATE, WILL NOT BE ACCEPTED OR ACTED UPON FOR THIS PROJECT. FIRMS APPROVED FOR THIS PROJECT DO NOT HAVE TO RE-APPLY FOR PRE-QUALIFICATION FOR SUBSEQUENT PROJECTS IF THEY HAVE BID A PROJECT WITH THE AQUATIC CONSULTANT WITHIN THE PRECEDING 24 MONTHS. 1.2 DEFINITIONS A. Aquatic Contractor: Aquatic contractors are contractors acting under a general contract directly between the aquatic contractor and the owner to build swimming pools, waterparks, aquatic features or similar work. An aquatic contractor for the purposes of this definition has primary responsibility directly to the owner and is not subject to any other contract for construction of other improvements. B. Aquatic Subcontractor: Aquatic subcontractors act to complete their work under a general contract between a prime contractor and an owner, which prime contract is for work that includes other work in addition to the construction of swimming pools or water play areas. They are not primarily responsible for completion of the whole contract but rather only a portion of the work involving swimming pools, waterparks, aquatic features or similar work. Their responsibility is to the prime contractor who shall directly oversee their performance and who shall coordinate with other subcontractors. 1.3 QUALITY ASSURANCE A. A prime contractor may not, unless he is qualified hereunder, propose to subcontract the various elements of an aquatic facility construction thereby acting in effect as his own aquatic subcontractor. For purposes of this section, a single contracting or subcontracting entity or person considered the aquatic contractor or subcontractor(and therefore subject to the TBC#22054 7.20.2022 01 4323 - 1 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 INSTALLER QUALIFICATIONS-AQUATIC provisions herein) shall perform the following work or subcontract to another to perform under the direction of the pool contractor/subcontractor. 1. Excavation of the aquatic shell 2. Installation of aquatic drain lines, supply lines, or feature supply lines or related aquatic plumbing. 3. Installation of aquatic basin reinforcing steel 4. Installation of concrete for aquatic shells, copings or decks. 5. Installation of aquatic shell liners, plaster, or paint 6. Furnishing and installing of aquatic equipment including gutters, skimmers, drain fittings, filters, pumps, valves, chemical or heating systems, or play features. 1.4 EXPERIENCE A. The aquatic contractor/subcontractor shall be experienced in the construction of aquatic features and facilities and shall have completed a minimum of three other facilities similar to the project herein under proposal. Similar shall mean in size, dollar value, and features installed in gaining the experience. To be credited, experience shall be gained while performing a contract under the name of the entity herein proposing or approved creditable experience as a construction manager, project manager, or project superintendent gained in the employ of another contractor. 1.5 BONDING A. If bonds are required under the General Conditions of the contract, the aquatic subcontractor shall be required under the terms of his subcontract with the general contractor to provide surety bonds for Performance, Labor and Materials, and Maintenance in the amount of 100 per cent of the subcontract amount, and such bonds shall name the general contractor as obligee of the bonds in the event of default by the aquatic subcontractor. Bond surety companies shall 1. be listed on U.S. Treasury Circular 570, most recent release, 2. be A rated (A- or higher) by Moody's, Standard & Poor's, or Fitch 3. be licensed to issue bonds in the state in which project is located 4. total of obligations shall not exceed the treasury limit imposed on the company as listed in Circular 570. B. Evidence of compliance with this section must be provided before any partial payment is made for aquatic construction items. 1.6 INSURANCE A. Notwithstanding a more stringent requirement in the general contract, the aquatic subcontractor shall be required under the terms of his subcontract with the general contractor to provide, in his own name, commercial liability insurance, workmen's compensation, and other insurance of the same classes to minimal limits as follows: 1. Commercial General Liability: $2,000,000 combined single limit bodily injury/prop damage 2. Automobile Commercial Liability: $500,000/$500,000 Bodily Injury$100,000/$100,000 property damage 3. Workmen's Compensation: Statutory TBC#22054 7.20.2022 01 4323 -2 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 INSTALLER QUALIFICATIONS-AQUATIC 4. Employers Liability: $500,000 each accident, $500,000 disease policy limit, $500,000 disease each employee B. Evidence of compliance with this section in the form of a copy of the subcontractor's agreement and an insurance certificate must be provided before any partial payment is made for pool construction items. The Owner shall be listed on the certificate as an additional insured and must be notified 30 days prior to any cancellation of any policy listed on the certificate. 1.7 FINANCIAL STRENGTH A. The aquatic contractor/subcontractor will be required to pay all expenses incident to the deposit, fabrication, shipping, delivery, and unloading of aquatic filtration or chemical equipment, pumps, or special fountain and play equipment, if any, for this project without an advance of funds from the Owner. No partial payments will be considered for such equipment until it is delivered to the project site AND evidence is provided as to the amount of the PAID invoice from all manufacturer/suppliers. 1.8 EVALUATION OF QUALIFICATIONS A. The aquatic consultant, in qualifying bidders, may consider all information in the application or from any other reliable source; client history whether listed or not listed in the application; contractor's history of satisfactory and on time completion of projects; contractor's past record with aquatic consultant or other design professionals; current work load; current litigation to which the applicant is party; capacity to bond and insure the project. 1.9 REJECTION OF APPLICATION A. The application of any prospective contractor/subcontractor may be rejected in the sole opinion of the aquatic consultant and the contractor/subcontractor shall have no recourse against the consultant for failing to pre-qualify the applicant. In submitting an application, prospective contractor/subcontractors agree that the decision of the aquatic consultant is final. However, additional information may be supplied in writing should the applicant feel the information will be pertinent to any appeal of the consultant's decision. 1.10 CONDITIONAL APPROVAL A. The aquatic consultant reserves all rights and privileges to approve or disapprove an application or to limit approval of a prospective contractor/subcontractor to a specific job or range of project sizes or scope. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 FORM OF "APPLICATION FOR PRE-QUALIFICATION OF AQUATIC CONTRACTORS/SUBCONTRACTORS" FOLLOWS. CONTRACTOR TO SUBMIT PER PART 1 INSTRUCTIONS PART 4- POST CONSTRUCTION 4.1 GENERAL A. Qualified bidders will be kept on file at The C.T. Brannon Office. An electronic copy of the existing qualified bidders list will be submitted per request in pdf format. END OF SECTION 01 43 23 TBC#22054 7.20.2022 01 4323 -3 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 INSTALLER QUALIFICATIONS-AQUATIC APPLICATION FOR PRE-QUALIFICATION OF AQUATIC CONTRACTORS/SUBCONTRACTORS Date: Legal Name of Aquatic Contractor/Subcontractor: Address: Telephone Number: Fax. Number: E-mail address: Federal Taxpayer Identification No. (EIN): Bonding Company and Name and Address of Resident Surety: Bond Company Rating (must be A- or better): Contractor's Bonding Capacity (single project limit): Contractor's Bonding Capacity (aggregate): Name and address of Commercial General Liability Insurance Company: Number of Years in Business Under This Name?: Type of Business (corporation, partnership, etc.) If in business under this name less than 5 years, previous company name: List Officers (if corporation), Partners (if partnership) or Owners of the company: Have you ever defaulted within the last ten (10)years on a construction contract? If yes, please give details and final disposition of contract. Are you applying for approved experience as a construction manager, project manager, or project superintendent in the employ of another contractor? If yes, please give details. TBC#22054 7.20.2022 01 4323 -4 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 INSTALLER QUALIFICATIONS-AQUATIC Aquatic Construction Experience: (To be qualified for various types and sizes of jobs, list variety of examples adequately expressing your experience.) Attach additional sheets as needed. Project Name Owner and Architect/Engineer/Aquatic Approximate $ Year Completed and Description Owners Consultant Name & value to nearest Address address $50K List your last five (5) pool projects in excess of$200,000 construction costs: Project Name Owner and Architect/Engineer/Aquatic Approximate $ Year Completed and Description Owners Consultant Name & value to nearest Address address $50K In signing this form I acknowledge that the foregoing is a truthful representation of the qualifications of my company. Authorized Signature: Typed or Printed Name: Date: TBC#22054 7.20.2022 01 4323 -5 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 03 01 00 MAINTENANCE OF CONCRETE -AQUATIC PART 1 - GENERAL 1.1 SCOPE A. This section applies to minor cracks in aquatic structures less than 28 days old. B. The following repair to concrete will be required at the Engineer's direction on cracks present in the aquatic basin shell. C. Section Includes 1. Repair of structural and non-structural cracks 10 mil (0.010")wide and wider in concrete slabs. 2. Gravity fed repair of concrete slabs cracks. 1.2 SUBMITTALS A. The Contractor shall submit manufacturer's product data, catalog information, application instructions, material safety data sheets and recommended placement procedures for all repair materials. 1.3 DELIVERY, STORAGE AND HANDLING A. Deliver the specified product in original, unopened containers with the manufacturer's name, labels, product identification and batch numbers. B. Store the specified product in accordance with the manufacturer's recommendations. 1.4 PROJECT CONDITIONS A. Environmental Conditions: Do not apply material if it is raining, if rain is imminent or surfaces are wet. B. Precautions shall be taken to avoid damage to surfaces near the work zone while handling, mixing or applying the product. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Sikadur 55 SLV Healer/sealer as manufactured by Sika Corporation. www.sika.com B. Substitutions: The use of a substitute product will be considered by the Engineer provided that the Contractor requests the substitution in writing. 2.2 PERFORMANCE CRITERIA A. Properties of the mixed epoxy resin: 1. Pot life: Approximately 20 minutes 2. Color: Clear, amber B. Properties of the cured epoxy resin: 1. Compressive strength when tested in accordance with ASTM D-695: a. 7 day: 10,900 psi at 73°F b. 28 day: 12,000 psi at 73°F TBC#22054 7.20.2022 0301 00 - 1 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 MAINTENANCE OF CONCRETE-AQUATIC PART 3 - EXECUTION 3.1 SURFACE PREPARATION A. Substrate must be clean, sound and free of surface moisture. B. Remove dust, laitance, grease, oils, curing compounds, waxes, impregnations, foreign particles, coatings and disintegrated materials by mechanical means. C. For best results, substrate should be dry. Surfaces prepared by Low Pressure Water Cleaning or High Pressure Water Jetting methods should be allowed to dry for 24 hrs. minimum [at 73°F (23°C)]. 3.2 MIXING A. Mix in accordance with manufacturer's instructions. 3.3 APPLICATION A. To gravity feed cracks: 1. Apply product to horizontal surfaces by flat squeegee or broom. Spread material over area and allow to pond over cracks. Let material penetrate into cracks and substrate. Remove excess epoxy with roller leaving no visible surface film. For cracks greater than 1/8". (3 mm) wide, fill crack with oven-dried sand before applying crack sealer. Seal cracks from underside, when accessible, to prevent leakage. 2. A second treatment may be required on very porous substrates. Apply second treatment before broadcasting. After treatment, wait a minimum of 20-30 minutes at 73°F (23°C) before broadcasting sand. Cover with broadcast of an oven-dried 20/40 silica sand or similar sand. Distribute evenly over the surface to excess at a rate of 30-40 lbs./100 sq. ft.Allow to cure 6 hours minimum at 73°F (23°C). Remove any loose sand and open to traffic once epoxy has cured. B. To pressure inject cracks: 1. Use automated injection equipment. Set appropriate injection ports. Seal ports and cracks with Sikadur@ 31, Hi-Mod Gel, Sikadur@ Injection Gel or Sikadur@ AnchorFix 2/Sikadur@ AnchorFix 500. 2. When the epoxy adhesive has cured, inject Sikadur@ 55 SLV with steady pressure. 3.4 LIMITATIONS A. Do not thin. Addition of solvents will prevent proper cure. B. Do not apply if rain is imminent. Water exposure or humidity will affect surface appearance and may cause surface whitening. C. Allow sufficient time for the substrate to dry after rain or other inclement conditions. D. Application temperature of substrate must be minimum 5°F (3°C) above the dew point. E. Minimum ambient and substrate temperature 40°F (4°C). Maximum application temperature 95°F (35°C). F. Do not inject cracks greater than '/4" (6 mm). G. Minimum age of concrete is 21-28 days, depending on curing and drying conditions. PART 4- POST CONSTRUCTION END OF SECTION 03 01 00 TBC#22054 7.20.2022 0301 00 -2 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 03 15 16 CONCRETE CONSTRUCTION JOINTS PART 1 - GENERAL 1.1 SCOPE A. This section shall govern the furnishing of all labor, materials, tools, and superintendence required to install and seal construction joints in cast-in-place concrete for aquatic structures and ancillary work as shown on the Plans and its placement in the work. 1.2 SUBMITTALS A. Submit products in writing including data sheets for review before installing. 1.3 DEFINITIONS A. Construction Joint: An intentional intersection of two concrete structures or parts of structures placed at different times. B. Control Joint: A joint in concrete structures to limit shrinkage crack size and location; formed or tooled.Also referred to as a contraction joint C. Expansion Joint: A frequently used term for an isolation joint whereby two structures or parts of the same structure are separated by a joint which allows some movement on each side but which may limit movement in one or more planes. D. Waterstop: A preformed PVC or polyurethane based hydrophilic caulk material as shown on the plans that prevents water leakage through a construction joint. PART 2 - PRODUCTS 2.1 JOINT FILLER A. Preformed Expansion Joint Filler or Slab Isolation Joint Filler with typical thickness 1/2", or 1" and height equal to slab thickness. May be specified with or without a removable top section for creation of a sealant void. 1. Provide a semi-rigid, closed-cell polypropylene foam, preformed joint filler that fully complies with ASTM D8139. Nomaflex by Nomaco, Inc. or equal. B. Foam Plastic 1. Backer rod similar to Sonneborn's pre-mounded polyurethane "Sonofoam". C. Joint filler shall be compatible with caulk materials being used. 2.2 CAULKING SEALANTS A. Primer: As recommended by caulking compound manufacturer. B. Polysulfide Polymer Sealant: Deck-O-Seal two part elastomeric polysulfide-based joint sealant for underwater use in aquatic structures or Thiokol 2235M non-sag industrial polysulfide joint sealant. C. Polyurethane Joint Sealant: Tremco Vulkem 116 or self-leveling HS-1 SL one-part hybrid polymer Deck-O-Seal. For pavements, walks or deck service but not for underwater use in swimming pools, wastewater, or chlorinated water. D. Equal products to those listed above as manufactured by Thiokol, DeWitt, Pecora, Tremco, Sika, or Sonneborn are acceptable. 2.3 WATERSTOPS TBC#22054 7.20.2022 031516 - 1 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 CONCRETE CONSTRUCTION JOINTS A. Expanding Urethane Caulk: SikaSwell S-2 one part extrudable swelling waterstop. B. Preformed PVC: Sika Greenstreak 3/8"x 9" ribbed waterstop. PART 3 - EXECUTION 3.1 GENERAL A. Adhere to manufacturer's instructions regarding installation conditions, recommended uses, primers, thickness and width limitations for caulks and sealants. B. Some caulks can be placed on green concrete while others require up to 28 days curing time before installation. Read and comply with manufacturer's written instructions. 3.2 JOINT FILLER A. Position joint filler against forms, against adjacent concrete slabs, at interrupting objects or columns, and against abutting structures before concrete placement. B. Contingent on the application, Nomaflex may be installed without fasteners or may be held in place with standard nails, pins or construction grade spray adhesive that is suitable for use with polypropylene materials. C. Pre-score the top edge of the joint filler with the Nomaflex cutter tool or slide a separate expansion joint void-cap over the joint filler material. Install the joint filler system so that either the top edge of joint filler or the void-cap (if used) is at or slightly below the intended concrete surface. D. Place concrete, then screed and tool edges to the desired finish grade. E. Allow concrete to cure. F. Insert screwdriver through the pre-scored top of the expansion joint material or the top of the void-cap (if used)then pull the excess material/cap free and discard. G. Seal with concrete joint sealant per these specifications. 3.3 CAULKING A. All joints shall be carefully cleaned of all dust, oil, grease, water frost, or other materials which would impair or prevent sealing. B. Prime joints using primer recommended by sealant manufacturer. C. Joint Filler 1. Back control joints, expansion joints and joints requiring sealant with joint filler. 2. Joints and spaces deeper than 3/4" shall be filled with back up material to within 3/4" of surface before caulking. 3. Thicknesses of back up material shall be adjusted with size of joint. 4. In general, the depth of sealant joint shall be one-half its width. Carefully control depth with joint filler and prevent bond with back of joint. D. Do not caulk during damp or inclement weather. Temperature of air and materials shall be above 407. E. Apply caulking compound with pressure gun having correct size nozzle to fit into joint. Fill solidly and smooth without voids and thin edges, and in a manner to prevent air entrapment. Finish joint shall show a neat clean bead. Do not overfill or crown joints. F. All caulking shall be done a minimum of 3 weeks in advance of painting. G. Remove excess materials and clean adjacent surfaces immediately. TBC#22054 7.20.2022 031516 -2 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 CONCRETE CONSTRUCTION JOINTS H. Application 1. Use polysulfide polymer sealant where joint is exposed directly to water with little or no protection and where "sealant" is noted on the plans. 2. Use polyurethane joint sealant for general use where joint is well protected from elements or appreciable quantities of moisture. I. Cure as recommended by the manufacturer. Protect from foot traffic or rolling equipment. 1. Visually inspect joints after 30 days. 2. Replace joints with evidence of bonding failure, excessive shrinkage, cracking, pitting or improper cutting. J. Upon completion of the work, all caulking and sealing compounds shall be removed from surrounding areas and all joints checked for water tightness and touched up as required. 3.4 WATERSTOPS A. Install expanding urethane caulk for watertight joints where permitted on the plans and where a PVC waterstop is not specifically shown. Use primer as directed by manufacturer. Install on clean and dry surfaces only. Maintain minimum concrete cover as specified by manufacturer. B. Where permitted on the plans install a continuous PVC 3/8" x 9" ribbed waterstop. Install in the middle of the intersecting wall and support with tie wires or other devices to ensure correct placement within the concrete structure. 3.5 CONTROL JOINTS A. Control joints shall be sawed as soon after initial concrete set as possible without raveling the concrete with the saw blade. Saw joints shall be 1/8"thick and a minimum of 1/51h the slab thickness in depth. Joints shall be sawn straight unless specifically shown on the plans otherwise. Unless shown otherwise on the plans, planar concrete (decks, walks, drives and large foundation slabs)shall be sawn on a 10'-0"x 10'-0" grid. PART 4- POST CONSTRUCTION END OF SECTION 03 15 16 TBC#22054 7.20.2022 031516 -3 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 03 20 00 CONCRETE REINFORCING -AQUATIC PART 1 - GENERAL 1.1 SCOPE A. This section shall govern the quality and type of concrete reinforcement furnished for construction of aquatic structures and ancillary work as indicated on the Plans and its placement in the work. 1.2 SUBMITTALS A. Bar schedules will not be reviewed. B. Submit mill certification of conformance to ASTM requirements and bar-chair sample or specifications. PART 2 - PRODUCTS 2.1 REINFORCING BARS A. Shall conform to the requirements of these Specifications: ASTM A615, Grade 60 open hearth, basic oxygen, or electric furnace new billet. Epoxy coating is not permitted. 2.2 BAR SUPPORTS A. Bar chairs shall be nylon stands, `adobes', or wire type `spiders'with plates. B. Brick, block, wood, rocks or other non-manufactured chairs are not acceptable. C. Bar chairs shall be of the size and provide the clearances required by the plans and by the ACI. D. Chairs are required for this prosect. E. All metal chairs, wire, and spacers shall be galvanized. PART 3 - EXECUTION 3.1 PLACEMENT A. Concrete reinforcement, at the time concrete is placed, shall be free from rust, scale, or other coating that will destroy or reduce the bond. All reinforcing steel shall be bent cold. Straightening or rebending shall not be allowed which will injure reinforcement. Bars with kinks or bends not shown on the plans shall not be used. B. Concrete reinforcement shall be accurately placed and adequately secured in position by bar chairs and spacers. In no case shall the clear distance between bars be less than 1", nor less than 1-1/3 times the maximum size of the coarse aggregate. 3.2 CONTACT SPLICES (CAST-IN-PLACE) A. Splices shall be well distributed or located at points of low tensile stress. B. No splices other than welded splices will be permitted at points where the section is not sufficient to provide a minimum distance of two inches between the splice and the nearest adjacent bar or the surface of the concrete. C. The bars shall be rigidly clamped or wired at all splices in a manner approved by the Engineer. TBC#22054 7.20.2022 032000 - 1 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 CONCRETE REINFORCING -AQUATIC 3.3 CLEAR COVER A. The reinforcement of footings and other principal structural members in which the concrete is deposited against the ground shall have not less than 3" of concrete between the steel and the ground contact surface. B. For free concrete surfaces exposed to the weather, the reinforcement shall be protected with not less than 2" of concrete over bars more than 5/8" in diameter and 1 1/2" over bars 5/8" or less in diameter. C. Bars surrounding openings or pipe penetrations shall have a minimum of 2" clearance to the opening or penetration. D. Do not allow the weight of workmen or concrete to push reinforcing steel from its correct position. 3.4 CORNERS A. Do not bend bars around reentrant corners. Develop bars past reentrant corners via development length or hook. 3.5 BENDING A. Reinforcement shall be bent and placed according to the latest A.C.I. requirements and methods. No. 4 or smaller diameter bars may be bent in the field. Larger bars shall be shop bent. 3.6 INSPECTION A. No concrete shall be deposited until the project quality control representative has inspected the placing of the reinforcement and given permission to place concrete. Equipotential bonding must be completed prior to receiving this inspection. 3.7 CLEANING A. Contractor shall, prior to placing concrete, wire brush all bars until they are free of rust, scale or mud. Secure all bars with adequate bar ties and prevent movement of reinforcing during placement of concrete. 3.8 BAR CAPS A. Provide safety bar caps for all reinforcing steel temporarily left in a vertical or near vertical position where impaling is a possibility. PART 4- POST CONSTRUCTION END OF SECTION 03 20 00 TBC#22054 7.20.2022 032000 -2 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 03 30 53 CAST IN PLACE CONCRETE -AQUATIC PART 1 - GENERAL 1.1 SCOPE A. This section shall govern the furnishing of all labor, materials, tools, plant, and superintendence required to install cast-in-place concrete for aquatic structures and ancillary work. 1.2 WORK COVERED UNDER OTHER SECTIONS A. 03 20 00 Concrete Reinforcing -Aquatic B. 03 01 00 Maintenance of Concrete-Aquatic 1.3 SUBMITTALS A. Submit concrete mix design and admixtures in writing for review before installing. 1.4 CRACKING A. Cracking in concrete structures for aquatic structures shall be reported immediately to the Engineer. PART 2 - PRODUCTS 2.1 GENERAL A. Cement: The cement shall be Type I or Type III of a standard brand of Portland cement which shall conform to ASTM Specification C-150.All cement shall be protected against dampness, and no cement will be accepted which has become caked. B. Water: Water for use in concrete mixtures shall be clean, potable water and shall conform to ASTM C1602. C. Coarse Aggregate: The coarse aggregate shall consist of gravel, crushed stone, blast furnace slag or combinations thereof conforming to the requirements of ASTM C-33. 1. The maximum size of coarse aggregate shall not be larger than 1/5t"of the narrowest dimension between forms of the member for which concrete is to be used nor larger than 3/4t"of the minimum clear spacing between reinforcing bars. D. Fine Aggregate: The fine aggregate shall consist of sand conforming to ASTM C-33. The sand shall not contain more than 1.5% clay and shall not show darker than very light amber when tested by the colorimetric method. The fine aggregate shall conform to the following grading requirements: Sieve Size Percent by Weight Retained 3/8" 0 No. 4 0-5 No. 8 0-20 No. 16 15-30 No. 30 40-75 No. 50 70-95 No. 100 90- 100 TBC#22054 7.20.2022 033053 - 1 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 CAST IN PLACE CONCRETE-AQUATIC E. Admixtures: Furnish from one manufacturer. Admixtures below establish minimum acceptable standards for products. Contractor shall submit to the Engineer in writing the admixtures he has selected for the project. 1. Characteristics: Compatible with each other and free of intentionally-added chlorides. 2. Air Entraining Admixture: MasterAir AE 90, MasterAir VR 10 or MasterAir AE 200 by Master Builders Solutions. 3. Water-Reducing Admixture: MasterPozzolith Series by Master Builders Solutions. 4. Mid-Range Water-Reducing Admixture: MasterPolyheed Series by Master Builders Solutions. 5. High-Range Water-Reducing Admixture: MasterRheobuild 1000, MasterGlenium Series or PS 1466 by Master Builders Solutions. 6. Accelerating Admixture: MasterSet AC 534 or MasterSet FP 20 by Master Builders Solutions. 7. Retarding Admixture: MasterPozzolith Series or MasterSet DELVO Series by Master Builders Solutions. 8. Hydration Control Admixture: MasterSet DELVO Series by Master Builders Solutions. 9. Workability-Retaining Admixture: Shall retain concrete workability without affecting time of setting or early-age strength development. MasterSure Z 60 by Master Builders Solutions. 10. Corrosion-Inhibiting Admixture: Shall be a nominal 30 percent solution of calcium nitrite or an amine/ester-based organic corrosion-inhibiting admixture. MasterLife Cl 30 or MasterLife Cl 222 by Master Builders Solutions. 11. Shrinkage-Reducing Admixture: MasterLife SRA 20 or MasterLife CRA 007 by Master Builders Solutions. 12. Alkali-Silica Reaction Inhibiting Admixture: Shall contain a nominal lithium nitrate content of 30 percent. MasterLife ASR 30 by Master Builders Solutions. 13. Coloring Admixture: MasterColor by Master Builders Solutions. 14. Waterproofing admixture: Refer to 03 05 11 "Hydrophobic Concrete" 15. Other admixtures with approval from the Engineer. F. With Approval from the Engineer only: Supplementary Cementitious Materials (SCM): 1. The substitution of supplementary cementitious materials for cement shall be made on the basis of mass. 2. Fly Ash: Shall conform to ASTM C 618. Fly ash content shall not exceed 40% of cement content by weight. 3. Slag Cement: Shall conform to ASTM C 989/C 989M. 4. Silica Fume: MasterLife SF 100 by Master Builders Solutions. G. Evaporation Reducer: 1. Shall be a monomolecular film-forming liquid for application to fresh concrete to prevent rapid drying of the surface. MasterKure ER 50 by Master Builders Solutions. Do not use on surfaces that are to receive plaster, paint, or tile finishes. 2. Evaporation reducer shall not be used as a finishing aid. 2.2 CONCRETE QUALITY TBC#22054 7.20.2022 033053 -2 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 CAST IN PLACE CONCRETE-AQUATIC A. The concrete shall be composed of Portland cement fine aggregate, coarse aggregate, and water, all as specified herein. 1. All concrete shall have air entrainment based on the maximum size coarse aggregate: Max. Size Aggregate Total Air Percent 1-1/2" 5.0% +/-1% 3/4" 6.0% +/-1% 2. The dry loose volume of coarse aggregate shall not exceed 0.82 cubic foot per cubic foot of finished concrete except in cases where the voids in the coarse aggregate as determined by standard test methods exceed 48 percent of the total dry loose volume. Where the voids exceed 48 percent of the total dry loose volume, the dry loose volume of coarse aggregate shall not exceed 0.85 cubic foot per cubic foot of finished concrete. 3. The net amount of water shall be the amount added at the mixer, plus the free water in the aggregate, and minus the absorption of the aggregate based on a thirty-minute absorption period. No allowance will be made for evaporation of water after batching. B. Characteristics of Mix: Concrete shall be of such consistency as to ensure the required workability and result in compact masses having dense, uniform surfaces. Concrete temperature shall not be less than 50°F nor more than 90°F unless otherwise approved by Engineer. In general, the consistency of the concrete mixtures shall be such that: 1. The mortar will cling to the coarse aggregate. 2. The aggregates will not segregate in the concrete when it is transported to the place of the deposit. 3. The concrete and mortar will show no free water when removed from the mixer. 4. The surface of the finished concrete will be free from a surface film of"laitance". C. Any concrete mix failing to meet the above outlined consistency requirement, although meeting the slump requirements, will be considered unsatisfactory, and the mix shall be changed to correct such unsatisfactory conditions. In cases where the characteristics of the aggregates furnished are such that, with the maximum allowable amount of water, the specified slumps and consistency requirements are not met, aggregates of an improved grading must be furnished and the mix design must be modified to meet the slump and consistency requirements by adding either cement or supplementary cementitious materials, or both, as may be necessary. D. It is the intent of these specifications to secure concrete of homogeneous structure free of honeycomb, concealed voids, or other defects. Concrete for the various structures and appurtenances shall develop the minimum compressive strengths as indicated in these specifications. E. In order to minimize heat of hydration and shrinkage in the concrete, the minimum quantity of cement and mixing water shall be used that will safely produce concrete of the strength required. PART 3 - EXECUTION 3.1 MIXING CONDITIONS A. The concrete shall be mixed in quantities required for immediate use, and any concrete which is not in place within thirty (30) minutes after being discharged from the mixer shall not be used. Re-tempering of concrete will not be permitted. Concrete improperly mixed shall not be placed in the structure. Ready-mixed concrete shall comply with the following requirements: TBC#22054 7.20.2022 033053 -3 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 CAST IN PLACE CONCRETE-AQUATIC 1. Mixers and agitators shall be operated within the limits of capacity and speed of rotation as designated by the manufacturers. 2. Delivery of concrete to the site and its discharge from the mixer, agitator or non-agitating equipment shall be completed within the time limits shown in the following table, after the introduction of the mixing water to the cement and aggregates, unless otherwise authorized by the Engineer. TEMPERATURE-TIME REQUIREMENTS Concrete Temperature (at Maximum Time without Maximum Time'z with point of placement) Retarding Agent(min) Retarding Agent(min) Non-Agitated Concrete Non-Agitated Concrete All Temperatures 30 45 Agitated Concrete Agitated Concrete Above 90°F 45 75 Above 75°F through 90°F 60 90 Above 50°F through 75°F 90 120 a. 1 - Normal dosage of retarder b. 2 -Slump and concrete temperature can be maintained within longer limits when using retarding admixtures or hydration-control admixtures. 3. All transit mix delivery tickets shall have the time of departure from the plant as well as water, cement, aggregates and admixture contents. 4. Hand mixing of concrete will not be permitted. 3.2 FORM WORK A. The Contractor shall provide forms that will produce correctly aligned concrete. The centering shall be true and rigid, and thoroughly braced both horizontally and diagonally. The forms shall be sufficiently strong to carry the dead weight of the concrete as a liquid without deflection, and tight enough to prevent leakage of mortar. B. The Contractor is responsible for forming the aquatic structure and should not assume other forms or structures will be in place prior to installation. Coordinate the work with the general contractor. Back-forming of the aquatic structure may be required. C. For exposed interior and exterior concrete surfaces of columns and walls, plywood or other approved forms, thoroughly cleaned and tied together with approved corrosion resistant devices shall be used. D. Rigid care shall be exercised in seeing that all poured walls and columns are plumb and true and thoroughly cross-braced to keep them so. E. Beveled strips shall be provided in form angles and in corners of column and beam boxes for chamfering of corners where shown on drawings or directed by the Engineer. F. The inside of the forms shall be coated with an approved oil or thoroughly wetted. Oil shall be applied before reinforcement is placed. Form oils are not allowed on surfaces that are to receive plaster, paint, or tile finishes. G. Temporary openings for cleaning and inspection shall be provided at the base of vertical forms and other places where they are necessary. H. Forms may be removed at the following minimum times: TBC#22054 7.20.2022 033053 -4 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 CAST IN PLACE CONCRETE-AQUATIC *Over 95°F 70-95°F 60-70°F 50-60°F Below 50°F Walls 5 days 1 day 2 days 3 days Do not remove Columns 7 days 2 days 3 days 4 days forms until site Beam 10 days 4 days 5 days 6 days cured test cylinder develops 50% of Structural 10 days 5 days 6 days 7 days required compressive Slabs Over strength 5"thick a. *Where exposed surfaces of concrete can be effectively sealed to prevent loss of water, these times may be reduced to the 70-95°F time. I. Forming for channels or gutters for aquatic structures or decks shall be true to plan dimension with parallel sides and ledges. Channels placed without parallel sides shall be removed and replaced per this specification. The use of polystyrene or polyurethane foam channel forms may be required by the Plans or Special Provisions. If so specified, the Contractor does not have the prerogative of substituting other methods. The foam forms shall be secured on grade so they are not dislodged or buoyed by placement of concrete. 3.3 DEPOSITING CONCRETE: A. Before placing concrete, thoroughly clean the forms of wood chips, shavings or other debris. Do not deposit concrete in standing water. B. Before placing new concrete on or against concrete which has acquired its initial set, retighten forms, roughen hardened surfaces, clean off foreign matter and laitance, and saturate with water. Immediately before depositing new concrete, coat the contact surface with neat cement grout. C. Concrete shall be deposited, when practicable, in its final position without segregation, re- handling, or flowing. When possible, concreting shall be continuous until the section is complete. Concrete shall be spaded and vibrated with approved mechanical vibrator to maximum subsidence, without segregation, and adjacent to forms and joints. When stoppage of concreting operations occurs for any reason, construction joints shall be placed either horizontally or vertically as needed, provided with keys to resist shear, and dowels to develop bond. Before concreting operations are resumed, the surface of the concrete shall be cut or chipped to remove all laitance and expose the aggregate. D. Water accumulating during placing shall be removed. Concrete shall not be deposited in such accumulations. Conveying and chuting of concrete shall be done only with equipment which will ensure a continuous flow without segregation. Concrete without water reducing admixtures shall not be dropped more than five feet without a tremie or"elephant trunk". Concrete with water reducing admixtures may be dropped (free fall)from a height of 15-0" or less. E. 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 to be used, the Contractor shall furnish adequate shelter to protect the concrete against damage from rainfall or damage due to freezing temperatures. No concrete shall be placed without the approval of the Engineer when air temperature is at or below 40°F (taken in the shade away from artificial heat) and falling. If authorized by the Engineer, concrete may be placed when the air temperature is at 35°F and rising. 3.4 JOINTS TBC#22054 7.20.2022 033053 -5 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 CAST IN PLACE CONCRETE-AQUATIC A. Expansion/isolation joints shall be of the type and size shown on the plans. B. Saw joints shall be made in floor slabs wherever noted. The saw joints shall be 1/8" minimum in width and 1/5t"the depth of the slab or 3/4", whichever is greater. The saw shall be carefully guided to produce straight lines without overcut beyond limits prescribed. Sawing shall commence immediately upon final set of the concrete when it can be done without raveling the green slab. 3.5 FINISHES A. Any areas designated on the plans for colored or coated floors shall be so treated in accordance with other sections of these specifications and in accordance with the manufacturer's specifications as approved by the Engineer. B. Sidewalks and driveways will receive a light broom finish after leveling with a wooden float. Radius all exposed edges of slabs on grade. Unless otherwise shown on Plans, saw joints on 10'-0" centers each way before concrete is 48 hours old. C. If no specific finish is shown for structural concrete, the contractor shall, immediately upon removal of forms, rub all exposed structural concrete with a grout mixture and stiff wire brush to fill honey combing, tie indentations, form marks or other surface imperfections and render a uniformly textured and colored surface. 3.6 CURING A. Unless they are to receive further treatment such as plaster, tile or paint coatings, walks, decks, floors, and vertical surfaces shall be sprayed with an approved curing compound to retard evaporation of water. Curing operations shall begin as soon as the concrete has attained initial set. All materials and facilities for curing concrete shall be on hand and ready for use before concrete is placed. Concrete shall be protected from freezing temperatures for a minimum of five days after placement. 3.7 VAPOR BARRIER A. Polyethylene vapor barrier, if shown on the plans, shall be 6 mil thickness, fungi resistant sheets fastened with adhesive backed polyethylene tape. Seal tightly against penetrations. Seal all punctures with tape before placing concrete. 3.8 TESTING A. One set of three test cylinders shall be made by the Contractor for compressive strength tests performed by an approved independent testing laboratory(all at the expense of the Owner) for each 30 cubic yard lot or a minimum of one set for each days pour. Slump tests shall be made on each batch tested in accordance with ASTM designation C-143. Each of the test cylinders shall be tested at 7 days and 28 days for compressive strength. The Contractor shall coordinate tests with the Owner's designated laboratory. The contractor shall code the cylinders and correlate the samples with specific concrete placements in a written log provided to the Engineer. B. If the average strength of the laboratory control cylinders for any portion of the structure falls below compressive strength required for the design, the Engineer shall order further standard ASTM test procedures be performed at Contractor's expense upon concrete sections in question. Should these further tests indicate that any concrete does not meet the requirements of these specifications, the concrete shall be removed and replaced with acceptable concrete by the Contractor and at Contractor's expense. C. Copies of test reports shall be furnished to the Engineer and Contractor as soon as available. D. Tests on concrete shall conform to the following applicable ASTM designations: 1. ASTM C-173 or C-231 -Air Content of Freshly Mixed Concrete. TBC#22054 7.20.2022 033053 -6 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 CAST IN PLACE CONCRETE-AQUATIC 2. ASTM C-172- Standard Method of Sampling Fresh Concrete. 3. ASTM C-143- Standard Method of Slump Test. 4. ASTM C-39 - Standard Method of Test for Compressive Strength of Cylindrical Concrete Specimens. 5. ASTM C-31 - Standard Method for Making and Curing Concrete Test Specimens in the Field. E. Testing Schedule: 1. Splash Pad- Per 30 CY or Day PART 4-POST CONSTRUCTION 4.1 PROTECTION OF THE WORK A. Protect the work from freezing, from rainfall, blowing dust or other natural hazards. The Contractor is responsible for protection from acts of vandalism from the time concrete is placed until the project is completed and accepted by the Owner. Remove any graffiti or other defacing of concrete. END OF SECTION 03 30 53 TBC#22054 7.20.2022 033053 - 7 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 06 10 00 ROUGH CARPENTRY PART 1 - GENERAL 1.1 SCOPE A. Rough carpentry includes carpentry work not specified as part of other sections and which is generally not exposed, except as otherwise indicated. Work in this section includes rough carpentry for: 1. Wood grounds, nailers and blocking 2. Wood framing 3. Wood columns and beams 4. Sheathing and decking of wood or on wood framing PART 2 - PRODUCTS 2.1 LUMBER, GENERAL A. Manufactured lumber to comply with PS 20 "American Softwood Lumber Standard" and with applicable grading rules of inspection agencies certified by American Lumber Standards Committee's (ALSC) Board of Review. UNLESS OTHERWISE SHOWN ON THE PLANS OR IN SPECIAL PROVISIONS: 1. Framing: Nominal sizes are indicated, except as shown by detail dimensions. Provide actual sizes as required by PS 20. Provide dressed lumber, S4S, unless otherwise indicated, Southern Yellow Pine (SYP)or Douglas Fir(DF) No. 1 Grade unless noted otherwise on the Plans or below. a. Provide seasoned lumber with 15% maximum moisture content at time of dressing and shipment. b. Studs shall be No. 2 or better. c. Top and bottom plates shall be No. 2 or better. Bottom plates shall be wolmanized. d. Rafters, Girders, Beams, Joists: No. 1 or better. 2. Sheathing: a. INSULATING SHEATHING: '/2-inch thick asphalt impregnated meeting FS LLL-I-535 Class E as manufactured by Temple Industries, or approved equal. b. STRUCTURAL SHEATHING: Use at exterior corners, ''/2" plywood, CDX-APA, SYP or DF. 3. Exterior Fascia and Trim: As shown on drawings. 4. Interior Ceilings: PS20 MC15 SYP No. 1 Grade, 1"x 6"tongue and groove with V-groove at center. 5. Interior Siding: Rough sawn plywood T1-11 pattern, 5/8"thick, BC Grade. 6. Columns, Sign Posts, Roof Nailers, Roof Cants, Wood in Contact With Concrete, Outdoor Benches, Wood Decks and Trellises: 0.40 CCA pressure treated wolmanized pine. 7. Roof Decking: 3/4" CD exterior tongue and groove plywood sheets. 8. Exterior Ceilings, Soffits: 3/8" thick BC Grade rough sawn fir veneer plywood. TBC#22054 7.20.2022 061000 - 1 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 ROUGH CARPENTRY 9. Blocking at roof elevation, such as (a) nailers for sheet metal flashing, gravel guards, fascias, and gutter and (b)curbs around roof penetrations, and any other place shown on the Drawings shall be preservative pressure treated. 2.2 MISCELLANEOUS ANCHORS A. Provide metal wall nailing plugs for nailing wood trim, grounds, etc. to masonry not shown to be bolted or otherwise attached. B. Provide all anchors, bolts, screws, nails, expansion bolts, rem-set fasteners, toggle bolts, and other fasteners as detailed or as required to draw members into place and hold them securely. C. Provide bolts for attaching wood to wood, wood to masonry, wood to concrete, and wood to steel. Size and spacing, if not otherwise shown, shall be as follows: 1. Wood to wood: '/2" machine or carriage bolts, 2'-0" o.c. 2. Wood to masonry: V2"X 8" machine bolts, 2'-8" o.c. 3. Wood to concrete: Y2"X 8" machine bolts, 4'-0" o.c. 4. Wood to steel: '/2" machine or carriage bolts, 3'-0" o.c. PART 3 - EXECUTION 3.1 PRODUCT HANDLING A. Keep materials under cover and dry. Protect against exposure to weather and contact with damp or wet surfaces. Stack lumber as well as plywood and other panels so that air circulates within and around stacks and panels. 3.2 GROUNDS, BLOCKING AND NAILERS A. Provide permanent grounds and wood blocking as required for attachment of wood trim, grilles and registers, light fixtures, plumbing fixtures, cabinet work, shelving, toilet partitions and other items requiring grounds or nailers to provide a solid means of attachment. Shim as required to form a true line. Fasten securely in place as required by the weight of the item being installed and as required by loads reasonably expected to be superimposed on the item. 3.3 WOOD FRAMING A. All framing shall be as specified, closely fitted and accurately set in accordance with the best practices in construction, all to the required line and levels. B. Bottom plates shall be securely fastened to concrete with ram-set fasteners. C. Studs shall be spaced at 16" centers unless otherwise shown on the Drawings. Provide blocking and nailers for the installation of work of other trades. Double studs at openings, double and block all corners. Provide one line of horizontal bridging 2"X stud width at approximate mid-height of partitions and walls and at horizontal joints in wall board materials. D. Top plates members shall be 2"thick X width of studs. Use double plates for load bearing walls and partitions and single plates for non-load bearing, unless otherwise shown on the Drawings. E. Joists shall be spaced at 16" centers unless otherwise shown. Provide cross-bridging of 1"X 4" or solid bridging of same size as joists for joist spans greater than 7'-0". 3.4 PLYWOOD TBC#22054 7.20.2022 061000 -2 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 ROUGH CARPENTRY A. Plan work to minimize cut pieces. In decks and ceilings, stagger joints in 48"x 96" sheets along the long side by 50%. Support all free edges with 2"x framing or joists. Nail sheets not to exceed 16" C-C in each direction. PART 4- POST CONSTRUCTION END OF SECTION 06 10 00 TBC#22054 7.20.2022 061000 -3 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 07 16 14 ACRYLIC MODIFIED (FLEXIBLE) CEMENTITIOUS WATERPROOFING PART 1 - GENERAL 1.1 SCOPE A. Furnish all labor, materials, tools and equipment as necessary to perform Acrylic Modified Cementitious Waterproofing on new and existing structures as shown on drawings and as specified in this section. B. Product shall not be used on surfaces that are to receive tile or plaster finishes. 1.2 WORK COVERED UNDER OTHER SECTIONS A. 03 30 53 Cast-in-Place Concrete—Aquatic 1.3 SUBMITTALS A. Submit manufacturer's literature and installation instructions for each product. 1.4 DELIVERY, STORAGE AND HANDLING A. Deliver and store in a dry area between 40°F and 90°F. Handle and protect from freezing and direct sun light in accordance with manufacturer's instructions. B. Deliver materials in manufacturer's unopened containers, fully identified with brand, type, grade, class and all other qualifying information. Provide Material Safety Data Sheets for each product. C. Take necessary precautions to keep products clean, dry and free of damage. 1.5 SYSTEM REQUIREMENTS A. Coordinate waterproofing installation with other trades. B. Provide materials and accessories in timely manner so as not to delay Work. PART 2 - PRODUCTS 2.1 ACRYLIC MODIFIED (FLEXIBLE CEMENTITIOUS WATERPROOFING A. Miracote Miraflex Membrane C: cementitious, two-component, acrylic emulsion based, highly flexible, crack bridging waterproofing membrane barrier against positive water pressure. 1. Miracote www.miracote.com PART 3 - EXECUTION 3.1 EXAMINATION A. Examine all construction substrates and conditions under which waterproofing materials are to be installed. Do not proceed with the waterproofing application until unsatisfactory conditions are corrected. 3.2 PROJECT CONDITIONS A. Maintain surfaces to be waterproofed and surrounding air temperature at not less than 40°F Apply only when temperatures are steady or rising. B. Do not apply materials to frozen or frost-filled surfaces. TBC#22054 7.20.2022 071614 - 1 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 ACRYLIC MODIFIED (FLEXIBLE) CEMENTITIOUS WATERPROOFING C. Contact the engineer of record before installing waterproofing when temperatures exceed 90°F. 3.3 PREPARATION A. Protect adjacent surfaces not designated to receive waterproofing. B. Substrate preparation 1. Remove oil, grease, dirt, loose particles, remains of form oils, water repellents, rust or other coatings by high-pressure water blasting (>3000 psi) or other mechanical means to produce surface profile for application of waterproofing. 2. Follow manufacturer's instructions to clean and prepare surfaces and seal cracks and joints. 3. Voids in concrete substrates: '/4" diameter and larger, pre-treat with patching compound. Voids less than '/4" diameter can be filled with a scratch coat of waterproofing material. 4. Rinse surfaces to be waterproofed (excluding drywall or similar)with clean water to saturated surface dry (SSD) condition, with no standing water on horizontal surfaces. 3.4 INSTALLATION A. Mix waterproofing material in proportions recommended by manufacturer. B. Fill cavities, honeycombs, and form tie holes 1. Fill voids at cleaned and prepared faulty construction joints, cracks, formtie holes, etc. with patching compound in mortar consistency flush to surface. 2. Laminate patching compound in 2 to 3 layers as per manufacturer's instructions for larger spalled or honeycombed areas. C. Positive Side Waterproofing: Apply two-component waterproofing material in quantities and number of coats as per manufacturer's specifications and recommendations: D. Application considerations 1. Apply, using stainless steel trowel, Tampico brush, short nap roller, or appropriate compressed-air spray equipment. 2. Apply only when surface and ambient temperatures are 40°F and rising. At high temperatures (i.e. 86°F and above) protect application from direct sun and wind to prevent premature surface drying and shrinkage cracks. 3. If needed, such as in zones posed to movement or cracking, plaza decks, etc., the waterproofing material can be additionally reinforced with a reinforcing mesh (supplied by waterproofing manufacturer), embedded between two waterproofing layers. 4. Do not bridge cracks greater than 1/16". 5. Bridge dynamic cracks or joints with elastomeric joint sealing tape, as supplied by waterproofing manufacturer. 6. Do not overcoat waterproofing material with solvent-based materials. 7. Prime and protect alkali sensitive metals such as copper, aluminum, galvanized or zinc treated metal first with a primer, before over-coating with waterproofing material. Follow manufacturer's recommendations for primer material. 3.5 CURING A. Follow manufacturer's general instructions for curing and hardening of waterproofing material. Do not use water for curing. Waterproofing material is self-curing. TBC#22054 7.20.2022 071614 -2 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 ACRYLIC MODIFIED (FLEXIBLE) CEMENTITIOUS WATERPROOFING B. Protect surfaces from rain, frost and premature dehydration. PART 4- POST CONSTRUCTION END OF SECTION 07 16 14 TBC#22054 7.20.2022 071614 -3 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 09 91 00 PAINTING AND STAINING PART 1 - GENERAL 1.1 SCOPE A. The work to be performed under this section shall consist of furnishing all labor, materials, scaffolding, ladders, and equipment necessary for painting pumps, exposed pipe, valves and fittings, hangers, supports, electrical conduits, metal work, structural steel, wood siding, wood trim and miscellaneous wood, concrete masonry, concrete aquatic structure walls and floors, drywall, doors, etc., as specified herein or noted on the plans. 1.2 SUBMITTALS A. Provide submittals in accordance with the contract documents. Submit manufacturer's installation instructions. PART 2 - PRODUCTS 2.1 PAINT, STAINS AND VARNISHES A. Products shall be those shown in the schedule or an equal approved in advance by the engineer.All materials are to be delivered in new, sealed original labeled containers and stored in accordance with manufacturer's recommendations. PART 3 - EXECUTION 3.1 GENERAL A. No painting shall be done in high moisture weather or when temperatures are below 45°F. B. Paints and coatings shall be applied according to manufacturer's recommendations including coverage rates. C. Painting found defective shall be removed and the surface repainted as directed by the Engineer. D. Contractor shall touch up paint for factory painted equipment. E. Paint for surfaces shall dry opaque and the substrate shall not show through the finish except in the case of semi-transparent or clear stains. 3.2 PREPARATION A. Surfaces to be painted shall be cleaned before applying paint or surface treatments. Oil, grease, dirt, rust, loose mill scale, old weathered paint, and other foreign substances shall be removed except as hereinafter specified. The removal of oil and grease shall be accomplished by blast cleaning. B. Clean cloths and clean fluids shall be used in solvent cleaning to avoid leaving a thin film of greasy residue. Cleaning and painting shall be so programmed that dust or spray from the cleaning process will not fall on wet, newly painted surfaces. Hardware, electrical fixtures and similar accessories shall be removed or suitably masked during preparation and painting operations, or shall be disconnected and moved to permit cleaning and painting of equipment. Following painting these items shall be replaced and reconnected. Hangers, brackets and other metallic surfaces which are inaccessible after installation shall be painted, except for final coat, prior to installation. Specific surface preparation requirements are included below. C. Metallic Surfaces TBC#22054 7.20.2022 0991 00 - 1 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 PAINTING AND STAINING 1. Preparation of metallic surfaces shall be conducted in accordance with applicable portions of surface preparation specifications of the Steel Structures Painting Council (SSPC): SSPC-SP-1 Solvent Clean; SSPC-SP-2 Hand Tool Cleaning; SSPC-SP-3 Power Tool Cleaning; SSPC-SP-5 White Metal Blast Cleaning; SSPC-SP-6 Commercial Blast; SSPC-SP-7 Brush Off Blast Cleaning; SSPC-SP-10 Near White Blast. Unless specified otherwise steel shall be prepared as follows: a. Above ground steel, normal exposure-SSPC-SP-6. b. Submerged, immersed steel or steel exposed to vapor in enclosed tanks-SSPC-SP- 10. 2. All ferrous metals to be painted shall be supplied as primed metal and all subsequent painting performed on-site except as otherwise specified or approved by the Engineer. D. Preparation of Wood Surfaces 1. Wood surfaces to be painted shall be cleaned of dirt, oil, or other foreign substances with mineral spirits, scrapers, sandpaper, or wire brush. Finished surfaces exposed to view shall, if necessary, be made smooth by planing or sandpapering. Millwork shall be sandpapered where necessary, and given a coat of the specified exterior primer on all concealed sides before installation. Small, dry seasoned knots shall be surface scraped, sandpapered, and thoroughly cleaned, and shall be given a thin coat of an acceptable knot sealer before application of the priming coat. All beads or streaks of pitch shall be scraped off, or if the pitch is still soft, it shall be removed with mineral spirits or turpentine and the resinous area shall be thinly coated with knot sealer. After priming, all holes and imperfections shall be filled with putty or plastic wood colored to match the finish coat, allowed to dry and sandpapered smooth. Painting of exterior wood surfaces shall proceed insofar as practicable only after masonry work has dried. E. Preparation of Concrete and Masonry Surfaces 1. All concrete surfaces which require coating or painting shall be dry and shall be prepared by light sandblasting. Sandblasting shall be sufficient to remove all dirt, dust, efflorescence, oil, and grease stains and other foreign substances and shall provide adequate surface roughening for good adhesion between the concrete and coating or paint. New concrete surfaces which are to receive oil or varnish base coatings shall be allowed to age for at least 60 days except as otherwise specified or directed and, in addition, shall be brush treated with a solution consisting of 2% zinc chloride and 3% phosphoric acid in water, permitted to dry, and the residue removed by light brushing. F. Preparation of Plaster Surfaces 1. Unless specifically authorized otherwise, paint shall not be applied to plaster surfaces less than 30 days old or containing more than 14% moisture. Before painting, such surfaces shall be dry, clean and free from grit, loose plaster, and surface irregularities. Cracks and holes shall be repaired with acceptable patching materials, properly keyed to existing surfaces and sandpapered smooth. Surfaces to be coated with oil or varnish base paints shall be tested for the presence of alkali. If present, the alkali shall be neutralized as called for under the preparation of concrete surfaces. Moisture shall be tested with a Delmhorst Instrument Company moisture detector. G. Preparation of Galvanized Surfaces 1. Generally, galvanized surfaces will not require painting. Galvanized surfaces specified or directed to be painted shall be solvent cleaned in accordance with SSPC-SP-1. H. Other Surfaces 1. The Plan Paint Schedule or the Interior and Exterior Paint Schedules included at the end of this section shall govern. The Plan Schedule or any Special Provisions shall prevail over the standardized specifications. TBC#22054 7.20.2022 0991 00 -2 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 PAINTING AND STAINING 3.3 PRECAUTIONS A. ACCESS 1. Do not remove scaffolding or other rigging necessary for painting until engineer approves coating. If necessary for inspection or testing paint the contractor shall re-construct scaffolding or re-set cables, rigging, hoists, or boatswain's chairs. B. SAFETY 1. Observe OSHA requirements (29 CFR 1926) and manufacturer's recommendations for use of paints, solvents, epoxies or other coatings or thinners, cleaners, etc. Do not paint in confined spaces without proper ventilation. Do not use combustibles near possible sources of ignition. Display caution signs during spraying advising against open flame. C. PROTECTION 1. Do not paint during high wind. Protect surrounding equipment, fixtures and property from droppings and overspray. Contractor shall bear all expense for cleaning contaminated or damaged surfaces. Protect fresh paint from damage. 3.4 CLOSEOUT A. TESTING 1. For final inspection the contractor shall furnish a Microtestor or comparable equipment for testing dry thin film thickness. Tests shall be conducted on all painted surfaces having a specified mil thickness. Areas failing shall be repainted to match and retested. Microtesting to be done in the presence of the Engineer. B. SPARE MATERIALS 1. The contractor shall furnish new, unopened one gallon containers of paints or coatings of each color and type used on the project labelled as to project use and instructions. In the case of epoxies or other"component" materials the components shall not be mixed. Instructions for use shall be attached to paint containers. PART 4- POST CONSTRUCTION END OF SECTION 09 91 00 TBC#22054 7.20.2022 0991 00 -3 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 13 11 00 AQUATIC EQUIPMENT PART 1 - GENERAL 1.1 SCOPE A. This section shall govern equipment for aquatic features including swimming pools, fountains, spas, splash pads, and landscape water features. 1.2 WORK COVERED UNDER OTHER SECTIONS: A. 01 25 13 for Substitutions B. 01 32 19 for Submittal Schedules C. 01 43 23 for Installer Qualifications—Aquatic D. 03 01 00 for Maintenance of Concrete—Aquatic E. 0315 16 Concrete Construction Joints F. 03 20 00 Concrete Reinforcing—Aquatic G. 03 30 53 Cast-in-Place Concrete—Aquatic H. 06 10 00 Rough Carpentry I. 07 16 14 Acrylic Modified (Flexible) Cementitious Waterproofing—Aquatic J. 09 91 00 Painting and Staining K. 13 11 00 Aquatic Equipment L. 13 11 46 Aquatic Piping and Accessories M. 13 12 00 Aquatic Spray Features and Controllers N. 22 51 19 Aquatic Water Treatment Equipment O. 26 00 00 Electrical P. 26 05 26 Grounding and Bonding Aquatic Structures Q. 31 00 00 Earthwork for Aquatic Structures 1.3 BALANCING OF AQUATIC FEATURES A. Aquatic features shall, upon completion, and upon authorization of the Consultant, be filled with water and the water chemically balanced. B. The following parameters shall be considered minimum acceptable criteria before acceptance of the project: 1. Alkalinity: 80 to 120 mg/L 2. Hardness: 150 to 500 mg/L as CaCO3 3. pH 7.2 to 7.8 4. Free chlorine: 1 to 3 mg/L 5. Combined chlorine: 0.1 to 0.25 mg/L max. 6. Clarity: No discernible cloudiness or turbidity 7. Cyanuric Acid: 30-50 mg/L (outdoor aquatic features only) 8. Langelier Saturation Index -0.5 < LSI < 0.5 TBC#22054 8.26.2022 1311 00 - 1 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 AQUATIC EQUIPMENT 1.4 SUBMITTALS A. Provide submittals for all equipment specified herein. 1.5 AS EQUAL PRODUCTS A. The listing of a material or piece of equipment by name or model designation shall indicate a minimum acceptable standard of product and not be deemed to unreasonably restrict equivalent competitive products from the project. Substitutions, however, may be made only with the approval of the Engineer. PART 2 - PRODUCTS 2.1 FILTERS A. General: Filters shall be of the make, model and manufacture scheduled on the plans or an approved equal. The filters shall be new, of first quality, and designed such that tank, linings, and filter shall be NSF 50 listed and conform to NSFI/ANSI 50 latest edition. Operating pressure of 50 psi with a safety factor of at least 3:1. B. Filter Valves: The type of filter valve manifold is clearly shown on the plans. Filters shall be furnished with a single actuator-operated multi-port valve that positions the valve for filtration, backwash, or rinse. Valve operation for backwash mode and filter mode must be clearly labeled on each filter valve manifold. C. Air Release: All filters are to have an air release system. Large horizontal filters are each to be equipped with an automatic external air release assembly on a threaded port. D. Filtration/Backwash Control: Manual E. FIBERGLASS SAND FILTER 1. Manufacturer a. Pentair www.pentair.com b. Hayward www.hayward-pool.com c. Neptune-Benson www.evoqua.com 2. Operating pressure of 50 psi and hydrostatically tested to 75 psi. 3. Accessories: Furnish filter with stands, drain plugs, internal distributor and collector system schedule 80 PVC minimum. Furnish each filter with an influent and discharge pressure gage reading between 0 and 50 psi. 4. Filter Media: a. Filter shall contain recommended sand volume of U. S. Silica Mystic White II #20 hard, uniformity coefficient shall not exceed 1.53. Specific gravity shall not be less than 2.5 pH of media to be 7.0. b. Furnish sand to the site in original unopened bags. 2.2 PUMPS A. General: Pumps shall be centrifugal pumps of the make, model and manufacture scheduled on the plans or an approved equal. The pumps shall be new, of first quality and designed for the operating conditions stated on the plans. TBC#22054 8.26.2022 1311 00 -2 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 AQUATIC EQUIPMENT B. Composite pumps: Composite body pumps shall be squirrel cage induction motor powered with a fixed impeller diameter for the model specified on the schedule. Pumps shall be furnished with integral composite-bodied strainer chamber and plastic basket. Furnish one extra plastic basket for each strainer shown on the plans. The strainer case shall have a clear plastic lid for viewing the basket contents without removing the lid. The lid shall be O-ring gasketed and twist-locked and unlocked without the use of tools. Pumps scheduled are manufactured by Badu Speck, Hayward Pool Products USA or Pentair Pool Corporation, USA. Refer to plans for schedule of pumps. C. Gages: Weksler Utility Gauge, 63 mm diameter glass faced, stainless steel case, liquid filled, industrial gage with an accuracy of+/-1%with a 1/4" male threaded brass tap. 1. Pressure gages on the discharge side of the pump: Equal to Weksler Utility Model BY12YPE4LW 0-60 psi (psi readings); white face; 1/4" T-handled gage cock. 2. Combination pressure/vacuum gages on the suction side of the pump: Equal to Weksler Utility model BY12YCC4LW, 30" Hg/0/60 psi (inches of Hg, psi scales.) 2.3 LEVEL CONTROL DEVICES A. Electronic Actuation: Chemtrol 2.4 FLOW METERS A. Each aquatic circulation system shall be flow metered whether shown on the plans or not. B. Flow meters shall be +GF+ Signet model 2551. C. Backwash lines shall be equipped with Blue-White Industries, Ltd Pitot Tube Acrylic Flow meters. Model F-300, D-300, or U-300 are all allowable if installed in the correct configuration. Specific model number should be selected based on design flow requirements and manufacturer's recommendations. 2.5 IDENTIFYING SIGNAGE A. Provide a laminated sheet with the SPLASH PAD DATA table from SP000 neatly printed on the sheet. Insert the sheet into a sheet holder in the mechanical space. B. Contractor to provide and install health department required signage per state health code. Fasten signs in place with stainless steel hardware. PART 3 - EXECUTION 3.1 GENERAL A. Follow manufacturer's written instructions explicitly for the installation of aquatic equipment and products. Where in conflict with the drawings or these specifications, the manufacturer's instructions shall govern. B. Coordinate electrical requirements with electrician. C. These specifications are intended to provide for complete working systems. If options, accessories, or other parts are not specified but are required for a working system they are to be considered specified. D. Deliver products to project in original unopened containers labeled for location of installation. Protect from damage on site until project is complete and accepted by Employer. 3.2 FILTERS TBC#22054 8.26.2022 1311 00 -3 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 AQUATIC EQUIPMENT A. Install all filters on minimum 4" thick, level housekeeping pads neatly constructed of non- reinforced concrete with chamfered corners and rectilinear sides. Observe influent and effluent pipe centerline requirements based on pipe elevations given on plans. B. Fill the tank slowly and evacuate all air. Check for leaks at static pressure before starting pumps. Do not fill filter vessel with water discharged by the circulation pump. Fill by gravity from the aquatic features above or from potable water supplies. C. When placed into service, record the gage pressures on the clean filter and submit to the Consultant. D. FIBERGLASS SAND FILTER 1. Ship filter systems to the site; inspect and protect from damage. 2. Install media carefully taking precaution not to disturb the collector tubes or distributor internals. Install the volume of sand required by the manufacturer for that particular filter. Level the sand before closing the hatchway. 3. Coordinate aquatic plumbing systems with foundation installation. 4. Install filter tanks on level foundations. Plumb vertical cylinder tanks. 5. Connect aquatic piping per Section 13 11 46. 6. Test all valve assemblies for proper positioning before attaching to filters. 7. Once pumps are in position and recirculation system is ready, set the filter to filter mode, open air release assembly and begin filling tank with water. Operate in the filter mode and check for leaks. Close the air release valve when all air has been evacuated. 8. After the first back wash cycle is complete, open the filter and check the media surface. There should be no evidence of bypassing along the walls of the shell or scouring from the overhead distributor. 3.3 PUMPS A. Install pumps on level housekeeping pads neatly constructed of non-reinforced concrete with chamfered corners and rectilinear sides. Observe pump centerline requirements based on pipe elevations given on plans paying close attention to requirements for any pump suction strainers which may actually be taller than the pumps on which they are attached. B. Bolt each pump base to the house keeping pad with stainless steel expansion bolts. C. Bond metallic pumps and pump bases electrically. Provide bonding wire connection at pump location. D. Before operating, verify proper rotation of pumps when wired. Wiring and starters are by electrical contractor. E. Ensure all connections are watertight. Do not run pumps (except to check rotation)without water in the system. Fill the system with water, bleeding off air from pipe lines. Verify all valves are in the correct position. Start the pump to insure proper movement of the water. After the aquatic circulation has stabilized, record the suction side and discharge side gage readings, record and submit to the Consultant. 3.4 LEVEL CONTROL DEVICES A. Electronic level control 3.5 FLOW METERS A. Run sensor wires between meter and read-out unit in 1/2" schedule 80 PVC electrical conduit rectilinear with building walls and secured to walls. TBC#22054 8.26.2022 1311 00 -4 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 AQUATIC EQUIPMENT B. Pitot Tube Acrylic Flow meters may be installed by drilling pipe. Remove all burrs from drilling. Insert the Pitot tube with gasket in place. Tighten manufacturer supplied stainless steel clamps alternately & insure that flow direction is towards the Pitot tube opening. C. Pitot tube installed on Schedule 80 PVC will report flow 12% higher than actual flow. Aquatic contractor shall install valve tag on flowmeter representing "-12% for actual". 3.6 IDENTIFYING SIGNAGE A. Fasten in place with stainless steel hardware. 3.7 TESTING A. Pressure test all circulation and branch lines, including wetted parts and equipment under operating conditions. Repair all failures or leaks. Refer to Section 13 11 46 for additional test requirements. B. Following plastering or tiling: Balance the aquatic feature chemically as prescribed herein. Calibrate all testing equipment to match test results from proper titration kit testing. C. Check for leaks along the entire pipe line, in the mechanical room and in ceiling spaces around elevated aquatic features. Repair all leaks. D. Aquatic contractor shall bear all expenses for manufacturer's installers, trainers or trouble- shooters to be on-site to install, calibrate, troubleshoot and train Owner's personnel on operation of the aquatic features. PART 4- POST CONSTRUCTION 4.1 MANUALS OF OPERATION AND TRAINING A. Furnish to the Owner upon completion of all testing and prior to final acceptance of the project, two three ring binders for the maintenance and operation of the aquatic features clearly identifying by tabbed section the following: B. Installation and Operation manuals for equipment. C. Spare parts lists. D. Contractors' and suppliers' names and contact information. E. Marked `record' drawings accurately depicting plumbing locations below ground and all equipment within the mechanical room. F. Copies of all warranties for all equipment furnished and installed. G. Provide type-written instructions for backwashing and cleaning filters. H. Proof of product registration submittal by the aquatic contractor to the manufacturer for all products listed above that are supplied with a product registration card. 4.2 TRAINING A. Coordinate with the Owner to provide on-site, hands-on training for every piece of equipment. Arrange for certified equipment representatives or installers to be present to train personnel. END OF SECTION 13 11 00 TBC#22054 8.26.2022 1311 00 -5 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 13 11 46 AQUATIC PIPING AND ACCESSORIES PART 1 - GENERAL 1.1 SCOPE A. This section governs furnishing and installing aquatic piping complete with all necessary fittings, pipe penetrations and supports. The lines governed by this section include: 1. Main drains 2. Skimmer drains 3. Backwash lines 4. Filtered water return lines 5. Chemical monitoring loops 6. Chemical feed loops 7. Pump suction lines 8. Automatic level control static lines 9. Automatic level control make-up water lines 10. Water feature supplies 11. Overflow drain lines B. This section does NOT govern pipe installations for storm drainage, sanitary sewer, water distribution, general plumbing (other than pool system plumbing), or irrigation. 1.2 WORK COVERED UNDER OTHER SECTIONS A. 13 11 00 Aquatic Equipment 1.3 QUALITY ASSURANCE A. General: Provide pipe system that is watertight to a pressure of 40 psi (refer to testing procedures in this specification). PART 2 - PRODUCTS 2.1 PIPE A. All pipe shall be of new manufacture. Salvaged, discolored, misshapen, or brittle pipe shall not be used and shall be removed from the project. B. The following table shall set forth the minimum acceptable criteria of PVC pipe by comparison to U.S. ASTM D-1785-2012 Type 1, Grade 1, Schedule 40 standards. All pipe and fittings shall be provided from the same manufacturer and shall meet the minimum requirements set forth in this table. Provide documentation of compliance. Minimum Pipe Dimension and Stress Criteria Nom.Size in. Outside Wall thickness Sustained pressure Burst pressure Diameter, in. in. rating @ 23°C psi rating @ 23°C psi* '/z 10.840 0.109 1250 1910 TBC#22054 7.20.2022 1311 46 - 1 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 AQUATIC PIPING AND ACCESSORIES 3/4 1.050 0.113 1010 1540 1 1.315 0.133 950 1440 1-1/2 1.900 0.145 690 1060 2" 2.375 0.154 580 890 2.5 2.875 0.203 640 970 3 3.500 0.216 590 840 4 4.500 0.226 470 710 6 6.625 0.280 370 560 8 8.625 0.322 330 500 10 10.750 0.365 300 450 12 12.750 0.406 280 420 1. *Standard ASTM test procedures C. The following table shall set forth the minimum acceptable criteria of PVC pipe by comparison to U.S. ASTM D-1785-2012 Type 1, Grade 1, Schedule 80 standards. All pipe and fittings shall be provided from the same manufacturer and shall meet the minimum requirements set forth in this table. Provide documentation of compliance. Minimum Pipe Dimension and Stress Criteria Nom.Size in. Outside Wall thickness Sustained pressure Burst pressure Diameter, in. in. rating @ 23°C psi rating @ 23°C psi* '/2 0.840 0.147 1780 2720 3/4 1.050 0.154 1440 2200 1 1.315 0.179 1320 2020 1-1/2 1.900 0.200 990 1510 2" 2.375 0.218 850 1290 2.5 2.875 0.276 890 1360 3 3.500 0.300 790 1200 4 4.500 0.337 680 1040 6 6.625 0.432 590 890 8 8.625 0.500 520 790 10 10.750 0.593 490 750 12 12.750 0.687 480 730 1. *Standard ASTM test procedures TBC#22054 7.20.2022 1311 46 -2 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 AQUATIC PIPING AND ACCESSORIES D. FITTINGS: Fittings shall be of the same schedule and rating as the pipe in which they are installed. E. JOINTS: Solvent weld PVC glue joints for pipe to pipe connection. PVC flanges with stainless steel bolts and hardware for connection to butterfly valves; bulkhead fittings for connection to stainless gutters where shown on plans or for connection to small filters. Larger filters require PVC flange connections. "O" Ring gasketed pipe not permitted. F. UV PROTECTION: Any PVC pipe to be installed where it is exposed to sunlight shall be provided with manufacturer's UV inhibitor such as titanium dioxide or equal and shall be painted with two coats of acrylic latex paint to provide long term UV protection. 2.2 PIPE ACCESSORIES A. Pipe Penetration Gasket: Pipe penetration gaskets where designated and for all pipe 4" diameter or larger passing through existing concrete structure shall be Linkseal, Metraseal or approved equal compression gaskets consisting of rubber links compressed by stainless steel plates and hardware. B. Pipe Hangers: Small pipe (2-1/2" or smaller) shall be suspended from ceilings or walls by Clic-X nylon serrated locking strap fasteners secured to the ceiling or wall with stainless steel expansion anchors of appropriate size. C. Pipe Hangers: Larger pipe (3" or larger)shall be suspended from ceilings with fiber reinforced plastic(FRP) clevis straps with galvanized steel all-thread rods drilled and epoxy anchored into the ceiling. Alternatively, for multiple parallel pipes, the hanger can be fabricated with galvanized Unistrut framing supported by at least two galvanized steel all-thread rods drilled and epoxy anchored into the ceiling. D. Pipe Stands: FRP Unistrut; PVC pipe saddle. Pipe stands shall be furnished with floor flanges, stainless steel anchor bolts and a curved cradle supporting a length of one pipe diameter and at least one fourth of the circumference of the pipe. Supports 24" in height or less from centerline of pipe to floor may be constructed of cast-in-place concrete cradled as described above. Rubber isolation pads are required against any concrete cradle for the full length and width of the cradle. 2" and smaller pipe along walls shall be supported with Clic-X nylon brackets with stainless hardware. E. Saddle Tees: PVC glue on or snap on saddles are not permitted. Clamp on saddle x socket single outlet shall be required. Clamp on saddle shall have stainless steel bolts &Viton O-ring seal hardware installed with saddle. F. No-Leak Flanges: Any pipe 3" or smaller nominal diameter cast into an aquatic structure wall or floor shall be fitted with a no-leak flange set mid-depth of the wall or floor. The no leak flange can either be a glued-on fiberglass or PVC flange or a molded PVC fitting to which the pipe is glued or threaded on each side. Larger pipe requires Pipe Penetration Gasket above. G. PVC Pipe Solvent Welding/Jointing Materials: 1. PVC pipe cleaner/primer: UV/blacklight detectable primer. Do not use colorless or`purple' primer. (Primer supplier to provide blacklight`flashlight' for detection to prove-up primer application.) 2. PVC pipe solvent welding cement glue: Use materials clearly marked for use in the pipe being joined. Glue to be clear, untinted. H. Insulating Spray Foam: CertaSpray Closed Cell foam or equal spray applied insulation and condensation prevention insulating. Install where shown on plans to a minimum thickness of 1" around pipe surface. 1. Aquatic contractor to install insulating foam on aquatic feature suction and return lines where piping is installed in an interior finished space. Parking garages are not a finished space. TBC#22054 7.20.2022 1311 46 -3 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 AQUATIC PIPING AND ACCESSORIES 2.3 VALVES A. SMALL VALVES: Valves in PVC lines up to and including 2.5" in nominal size shall be full port, full union CPVC, PVDF, or PVC ball valves (matching the size and material of the line in which they are installed). Hayward TB Series True Union Ball Valves or equal. B. LARGER VALVES: All valves 3"to 12" nominal diameter, inclusive, shall be PVC body wafer valves installed between pipe flanges, with 316 stainless steel shaft and pin. The disc shall be PVC unless otherwise specified or shown, manually actuated valves shall have 10 position latch lock handles. All bolts and nuts shall be stainless steel with stainless steel washers to be used when secured to PVC flanges. 8" and larger valves shall be gear operated. ASAHI/AMERICA POOL-PRO or equal. C. CHECK VALVES: Check valves smaller than 3"shall be Spears-True Union 2000 Industrial Ball check valves or equal. Larger check valves sizes may be swing check or double door check valves. 1. Swing Check—When PVC valves 4" and larger are shown or permitted, they shall be Spears or equal PVC body double door swing check valves with Viton O-ring seals. Valve shall have drain plug for servicing. No counter balance or indicator is required. 2. Unless noted otherwise, check valves 4"and larger shall be APCO CDD-9000T double door check valves with 316 stainless steel body, door, spring, and hinge pin. Seat material shall be EPDM. D. VALVE TAGS: Provide each valve with a laser engraved 1-1/2" diameter round brass valve tag with beaded chain (Seton or equal) stating the function of the valve. 2.4 BACKFLOW PREVENTION A. Reduced pressure zone principle backflow preventer equal to Watts Co. Model 909-QT where required on plans and whenever a potable water source is connected directly to the aquatic plumbing system. 2.5 BACKFILL MATERIAL A. Earth materials suitable for backfill of pipe trenches shall meet the following requirements: Gradation— From fine powder to minus 1" diameter screen. No large clods, rocks or clumps. Excavated rock must be crushed to be used in backfill. 1. Organic matter— No visible roots or other organic matter. 2. No other construction materials or debris other than earth, sand, gravel or small rock. B. Excavated trench spoil may be used for backfill if it conforms to the requirements above. C. Reject unsuitable excavated trench spoil and supplement with fill that meets these requirements. 2.6 PIPE IDENTIFICATION MATERIALS A. Seton (www.seton.com)or equal custom printed Opti-Code self-adhesive colored tape pipe markers with contrasting lettering identifying pipe function. Pipe Function/Wording: Band Color: Letter Color: Seton No. POTABLE WATER Dark Blue White M4154 MAIN DRAIN Black White M4154 SKIMMER DRAIN Green White M4154 FILTERED WATER Gray White M4154 CHLORINE Yellow Black M4154 ACID Red White M4154 TBC#22054 7.20.2022 1311 46 -4 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 AQUATIC PIPING AND ACCESSORIES BACKWASH Brown White M4154 Pipe sizes: '/4"to 1'/4" 1'/2"to 2'/2" 3"to 4" 4'/2"to 8" +10" Seton Size 8SM 8LG 12 24 32 B. Seton or equal directional self-adhesive `directional arrows-on-a-roll tape'; 1"wide with black arrow. PART 3 - EXECUTION 3.1 GENERAL A. The drawings indicate the general arrangement of the aquatic plumbing. Details of proposed departures due to actual field conditions or other causes shall be submitted to the Consultant for approval. B. The aquatic contractor shall carefully examine the drawings and shall be responsible for the proper fittings, materials, and equipment as indicated without substantial alteration. C. No installation shall be made that will provide a cross connection or inter-connection between a water supply for drinking purposes and the aquatic feature that will permit a backflow or backsiphonage from the aquatic feature into the water supply. D. Pipe openings shall be closed with caps or plugs during installation. Equipment and fittings shall be tightly covered and protected against dirt, water, and chemical or mechanical injury. At the completion of the work, the fittings, materials and equipment shall be thoroughly cleaned and adjusted for proper operation. E. Workmanship: All materials to be used in this work shall be installed by workmen thoroughly skilled in their trade and all work shall present a neat and mechanical appearance when complete. The Consultant shall be the sole judge of whether work installed under this contract has met this requirement and the aquatic contractor, at no additional expense to the Owner, shall replace or correct any work not judged acceptable by the Consultant. F. Layout: Exposed pipe in aquatic mechanical spaces shall be installed such that the pipe is parallel or rectilinear to building walls. Angled, twisted, strained or forced-fit pipe and fittings or use of"flex" pipe is prohibited. Pipe may not be run in direct contact with the building floors, walls, or ceilings but shall be held off by the use of the prescribed brackets. G. Heating or torching plastic pipe to bend or shape it is strictly prohibited. H. Prior to laying any piping, the aquatic contractor shall schedule a "Pre-Plumbing Installation Conference"with the General Contractor for the purpose of determining the final layout of piping and equipment in the aquatic mechanical area after coordinating with all other trades. 3.2 PIPE CUTTING A. Pipe cutting shall be done in a neat and workmanlike manner without damage to the pipe. Cutting may be done by means of mechanical cutter or hand saw. Remove all burrs. Ends of pipe shall be square cut and beveled before joining. 3.3 OPEN CUT INSTALLATION A. The interior of the pipe shall be thoroughly cleaned of foreign matter and shall be kept clean during laying operation. Pipe shall not be laid in water or when trench or weather conditions are unsuitable for the work. Water shall be kept out of the trench until the pipe is installed. When work is not in progress, open ends of the pipe and fittings shall be securely closed so that no trench water, earthen or other substance will enter the pipes or fittings. TBC#22054 7.20.2022 1311 46 -5 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 AQUATIC PIPING AND ACCESSORIES B. Pipe shall not be installed in direct contact with subgrade rock or buried concrete structures but rather shall have a minimum of 4" of finely graded backfill material as a cushion between the pipe and any rock or structures. C. Buried pipe under yard, pavements, walks or deck shall have a minimum of 2'-0"of cover. If invert elevations are shown, cover may be much greater than 2'-0". Invert elevations govern. D. Pipe shall be fully supported along its length in the trench as backfilling takes place. Pipe shall not be allowed to span lower trenches or voids without full earth support. E. Where possible, use a common trench for piping to minimize number of open cuts and possible conflicts with other trades. Pipe within a common trench shall be laid side by side with at least 2" between adjacent pipe walls to allow for later servicing. Pipe shall not be laid atop other pipes within the common trench. 3.4 BACKFILL A. Backfill the pipe with clean earth, free of rocks, clods or vegetative matter. Mechanically tamp backfill with a trench compactor or packer plate in 9" loose lifts adding water to achieve maximum density. 3.5 PIPE PENETRATIONS: A. Casting in pipe: 3" pipe may be cast into walls of aquatic structures but must have integral PVC no-leak flanges installed mid-depth of the wall. B. Installing pipe through existing walls: Pipe shall be installed in sealed cores. The concrete shall be cored and sealed with a compression gasket. Refer to gasket manufacturer for core diameters. C. In lieu of coring, pipe sleeves with a pipe inside diameter(ID) equal to the core diameters required above may be cast into aquatic structures. Compression gaskets shall then be used to make the installation watertight. D. If noted on specific core or sleeve installations on the plans, install expansive grout(grout to which Sika Interplast-N has been added)on the `wet' side of the gasket and strike off flush with concrete surfaces. 3.6 PIPE SLOPE A. Unless grades are noted on the plans, direct suction and pressure pipes (pipe connected to pumps and not relying on gravity for flow) are not required to be laid on specific gradient but shall be installed on a reasonably uniform slope in one direction that affords full support of the pipe along its centerline. B. Gravity gutter drains or gravity skimmer lines shall slope toward collection basins at a minimum slope of 1%. Main drains from deep aquatic structures may rise up immediately upon clearing the structure but only enough to flow on gradient to the collection basins. 3.7 PIPE SUPPORT A. Floor support: Pipe in aquatic mechanical spaces may not be run in contact with the floor. Pipe support pipe stands shall be used where long runs of horizontal pipe are installed without support of walls or equipment. TBC#22054 7.20.2022 1311 46 -6 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 AQUATIC PIPING AND ACCESSORIES FLOOR MOUNTED PIPE SUPPORT Pipe Size Height Above Floor Method of Support 011 -51, 2"- 8'-0" a. Uni-strut(FRP only) b. (1) 6" - 12" 4"- 2'-0" a. concrete pedestal b. pipe stand with cradle (steel) 6" - 12" 2'-1"- 5'-11" a. pipe stand with cradle- bolt to floor 6" - 12" 6'-0"- 10'-0" a. (1) b. frame x-braced against sway Uni-strut c. other approved structural steel support (1) Suspending from ceiling or wall mount required when ceiling or walls are available. B. Hanging Pipe Support: Furnish and install any necessary threaded rod / Unistrut cradles and clevis hangers to support pipe from ceilings. Use only stainless steel or FRP rods or fasteners. Galvanized punch straps or wires or other makeshift pipe hangers are not acceptable. 3.8 JOINING PIPE A. SOLVENT-WELDED JOINTS: 1. Solvent-welded joints shall be made in accordance with the manufacturer's recommendations. The following directions are considered minimum standards. a. All fittings shall fit easily on the pipe before applying cement. b. The outer surface area of pipe and inner wall of fitting shall be clean and dry. c. Primer is to be applied to the outer surface of the pipe and the inner surface of the fittings. d. Cement is to be applied to the outer surface of the pipe, or on the male section of the fitting only. e. When the outside surface area of the pipe end is satisfactorily covered with cement, allow ten seconds open time to elapse before inserting pipe into fittings. Turn fitting about the pipe end approximately 1/8 to 1/4 of a turn. Wipe off excess cement at the joint in a neat cover bead. 2. All joints shall remain completely undisturbed for a minimum of ten minutes from time of joining the pipe and fitting. If necessary to apply pressure to a newly made joint, limit to 10% of rated pipe pressure until four hours after joining. 3. Carefully handle all pipe and move as little as possible so that the cement seal shall not be broken before it is completely dry. 4. Full working pressure shall not be applied until the joints have set for a 24 hour period. 5. Protect plastic pipe from exposure to aromatic hydrocarbons, halogenated hydrocarbons. Esters, and ketones that attack the material. Protect all pipe form mechanical damage and long exposure to sunlight during storage. B. THREADED JOINTS TBC#22054 7.20.2022 1311 46 -7 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 AQUATIC PIPING AND ACCESSORIES 1. Make threaded pipe joints with Teflon tape or approved equal, applied to the male threads only. 2. Do not apply solvent cement to threaded parts C. FLANGED JOINTS 1. All connections between PVC and metal pipes 4" or larger must be flanged, plastic flange to metal flange. DO NOT use threaded connections between plastic and metal pipe except for 3" and smaller pipe and where specifically noted otherwise. D. O-RING GASKETED PIPE NOT PERMITTED 1. "O" Ring rubber gasket pipe shall not be used in aquatic applications except for gravity sewer outfall lines, deck or floor drains, or other non-pressure applications approved by the Consultant. 3.9 BACKFLOW PREVENTION A. Backwash Piping: Backwash piping shall not be connected directly to sanitary sewer or sanitary sewer manholes but shall be terminated by the aquatic contractor at least two pipe diameters above the receiving pit or manhole overflow elevation. B. Potable (Make Up)Water: Make up water lines shall not directly connect to aquatic piping without use of a reduced pressure zone principle backflow preventer installed in line on the potable supply side of the connection. An approved air gap fitting is acceptable if the potable water empties into a tank. 3.10 PIPE INSTALLATION COMPLETION A. Color Coding: Exposed piping in aquatic mechanical spaces shall be color decal banded according to the scheme shown in this specification and labeled as to function and direction of flow. B. Flushing: All pipe lines leading to or from the aquatic feature shall be thoroughly flushed clean before the aquatic feature is filled and placed in use. All drain boxes, surge tanks or other vessels shall be cleaned of sand, gravel or debris before being placed into service. C. Taps: Taps on pipe where required for probes, meters, small pipe connections, or similar equipment shall be made using a clamp-on saddle with appropriately sized NPT outlet. Direct tapping, or glue on saddles of PVC pipe is not permitted. D. Cleaning: Remove excess glue, dirt, stains, paint, and other similar materials from completed pipe prior to final acceptance of project by Owner. 3.11 QUALITY ASSURANCE AND TESTING A. Pressure Testing: 1. Prior to installing concrete for aquatic structures, test all rough-in plumbing by hydrostatic test. Purge all air from lines and fill them with water using a test pump adequate to raise the pressure in the line to the test pressure level. DO NOT AIR TEST PVC PIPE. Pressure test every line to 40 psi and hold for six hours with no drop in pressure and with no additional pumping or pressure. Provide temporary pressure plugs and valves to allow for isolation and testing of lines. Provide pressure gage on each line being tested. With gauges still in place, hold hydrostatic pressure on lines while concrete is placed. Repair all leaks and retest until passing. 2. Prior to placing aquatic circulation systems into service, hydrostatically test all lines in accordance with the above procedure, to the same pressure and for the same duration. 3. Testing must be completed and passed before a section of pipe may be covered, enclosed or otherwise made inaccessible. TBC#22054 7.20.2022 1311 46 -8 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 AQUATIC PIPING AND ACCESSORIES B. Trench Backfill Testing: 1. Unless otherwise provided in these specifications, trench compaction testing is not required for aquatic piping. 2. The aquatic contractor shall excavate and re-compact any trenches he has backfilled which settle due to poor compaction technique or backfill materials. PART 4- POST CONSTRUCTION END OF SECTION 13 11 46 TBC#22054 7.20.2022 1311 46 -9 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 13 12 00 AQUATIC SPRAY FEATURES AND CONTROLLERS PART 1 - GENERAL 1.1 SCOPE A. This item shall include furnishing all labor, equipment, materials, superintendence, and other related services necessary to complete the work indicated on the drawings or specified herein including: 1. Preparation of foundations and setting of anchor bolts to receive aquatic spray feature bases. 2. Installation of all buried plumbing lines, valves, valve boxes, and fittings. 3. Furnishing and installing the required aquatic features and appurtenances including all shipping, handling, off-loading, erecting and testing per manufacturer's specific written instructions. 4. Furnishing and installing all solenoid actuated valves, programmable logic controllers, relays and control panels to operate electrically actuated aquatic spray features if such features are shown on the Plans. 1.2 WORK REQUIRED UNDER OTHER SECTIONS A. 13 11 46 Aquatic Piping and Accessories B. Electrician is to familiarize himself with equipment being installed under this section. He is to furnish and install electrical equipment and devices to properly operate aquatic equipment including low voltage control wiring. C. Concrete installers shall verify and conform to requirements of each aquatic spray feature as to level surfaces, footing depth or other special mounting requirements. 1.3 SUBMITTALS A. Submittals are required on each aquatic feature including appurtenances and controls. Do not order features without approval of Engineer. Substitutions must be requested in writing prior to bid. Provide copy of manufacturer's warranty as part of submittals. PART 2 - PRODUCTS 2.1 INGROUND AND ABOVE GROUND AQUATIC FEATURES A. Materials: Unless specifically noted otherwise, all equipment shall be new and the latest model and materials offered by the manufacturer. The supplier shall furnish features complete with all stainless steel anchoring and fastening devices, required gaskets, and base skirt. The pump and plumbing lines are not furnished as part of the features but shall be furnished and installed by the Contractor. B. Colors: The colors shall be selected by the Owner from the manufacturer's standard color charts. Multiple colors may be selected on any one feature at no additional charge. C. Protect Equipment: Open crates upon delivery to verify no damage has occurred during shipping. Order replacement parts for damaged or missing equipment immediately to avoid delaying completion. D. Substitutions: Products selected are a strong Owner preference based on materials, water action, flow rate, safety, interactivity, size and scale. Many of these devices are protected by U.S. patent. For these reasons substitution requests are discouraged and unlikely to be granted. TBC#22054 7.20.2022 131200 - 1 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 AQUATIC SPRAY FEATURES AND CONTROLLERS PART 3 - EXECUTION 3.1 COORDINATION A. Coordinate installation with other trades. Do not install features until plaster, tile, or rubber finish surfaces have been installed. Protect work of other trades. Contractor shall coordinate delivery schedule and installation methods for each device with manufacturer. 3.2 DRAWINGS AND INSTRUCTIONS A. Manufacturer shall furnish drawings and written installation instructions. Contractor shall abide by written instructions of the manufacturer. 3.3 ALL ABOVE GROUND SPRAY FEATURES SHALL BE INSTALLED PLUMB AND ALL INGROUND SPRAY FEATURES SHALL BE INSTALLED LEVEL. 3.4 PIPE CONNECTIONS A. Each feature shall be individually valved to allow for flow control. 3.5 ELECTRICALLY CONTROLLED SPRAY FEATURES (IF SPECIFIED ON PLANS) A. Install the control panel where designated on the Plans. The electrician shall wire all control circuits between the control panel and solenoid actuated valves. Provide power circuit(s)from electrical subpanel to feed controllers. B. Extend conduit &wiring to actuation device to begin feature programming. 3.6 START-UP A. Adjust valves to regulate flow to each feature to the satisfaction of the Engineer. Once balanced, record flow rates from pump meters for each separate pump and provide results in writing to the Engineer. PART 4- POST CONSTRUCTION END OF SECTION 13 12 00 TBC#22054 7.20.2022 131200 -2 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 22 51 19 AQUATIC WATER TREATMENT EQUIPMENT PART 1 - GENERAL 1.1 SCOPE A. The Aquatic Contractor shall furnish and install a water treatment system for the aquatic features complete with all necessary items including chemical feeders/ monitors, all pipe and valves as hereinafter specified, and all accessories. 1.2 WORK COVERED UNDER OTHER SECTIONS A. 13 11 00 Aquatic Equipment B. 13 11 46 Aquatic Piping and Accessories C. 26 00 00 Electrical D. Electrical work required but not defined in this section 1. Step down/up transformer if required by conditions on project. 2. Electrical interlock(lockout)of entire chemical feed system when circulation pump is not running. This is in addition to the system flow switch. Chemical feeders and UV systems shall not operate if the circulation pump is not operating. PART 2 - PRODUCTS 2.1 CHEMICAL MONITOR/CONTROLLER A. Manufacturer 1. Chemtrol www.sbcontrol.com B. Provide unit with probe chamber, pH and ORP probes, and safety flow switch to disengage feeders when circulation is halted. C. Provide one extra probe each for pH and ORP. D. The controller regulates chemical feed rates by switching chemical feeders on and off. 2.2 DISINFECTANT FEED A. Calcium Hypochlorite 1. Manufacturer a. Accutab www.accu-tab.com 2.3 ULTRA VIOLET LIGHT DISINFECTION SYSTEM A. Equipment shall operate within the electromagnetic spectrum emitting wave lengths in the range of 200 to 400 nanometers to provide constant disinfection and/or inactivation of bacteria, algae, molds, and viruses and destruction of chemical mono-, tri-, and di- chloramines. Unless noted otherwise, UV systems shall be medium pressure/high intensity. B. Manufacturers shall have five years in the UV disinfection system market intended for aquatic applications. Refer to plans for model identification C. Lamps shall be warranted for a period of 4,000 hours. Provide one full set of replacement bulbs for each UV chamber provided in this project. D. UV disinfection has no residual and therefore must be accompanied by a disinfectant that leaves a residual. The UV disinfection is secondary to the primary disinfectant method. TBC#22054 8.26.2022 2251 19 - 1 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 AQUATIC WATER TREATMENT EQUIPMENT E. A voltage transformer may be required. Refer to product requirements. F. For periodic cleaning of the quartz sleeves and the UV monitor probe, the chamber shall be fitted with an automatic cleaning mechanism. The frequency of the wiper cycle shall be adjustable from 15 to 720 minutes and set for job conditions. G. The wetted surfaces shall be chemically passivated and all welds ground to eliminate any potential corrosion mechanisms. Crevices (as found behind a quartz thimble)shall not be permitted under any circumstance. 2.4 PH CONTROL A. pH Adjustment System 1. Sodium bisulfate tablet feeder 2. Manufacturer a. Acid-Rite www.acidrite.com PART 3 - EXECUTION 3.1 GENERAL A. Install all equipment in accordance with manufacturer's written instructions. If these instructions are in any way in conflict with the plans bring to the attention of the aquatic consultant. B. Install all equipment neatly within the mechanical room, parallel to walls and level to floors. C. Chemical feed tubing and wiring shall not exceed 6'-0" in length unless the tubing or wiring is installed inside 3/" unglued PVC conduit with fittings. The conduit shall be secured neatly to the walls or floors of the mechanical room with supports every 12". D. Furnish all equipment needed for complete and operating systems. Consult with manufacturer to determine any contractor-supplied equipment or tools that may be required. E. Calibrate or have manufacturer's representatives calibrate and start all equipment. Costs for manufacturer's representatives to come to the project for installation, calibration, trouble shooting or warranty repairs are the responsibility of the contractor until the end of the project (not equipment) warranty period. 3.2 CHEMICAL MONITOR/CONTROLLER A. Mount the unit on a clear acrylic back board or manufacturer's provided back board. Support back board on mechanical room wall or Unistrut frame. B. Set the unit approximately 48"to 54" above finished floor in the aquatic mechanical room. C. Install a PVC chemical loop as shown on the plans. This loop shall be isolated by Tru-union ball valves from the rest of the circulation system. An in-line wye strainer and a safety flow switch is required ahead of the sampling cell. The safety flow switch is furnished as part of the monitor and shuts down the feed system in the event of loss of circulation. D. Provide power to the device. Aquatic contractor or certified manufacturer's representative to install the system per manufacturer's written instructions, including the wiring between the chemical monitor/controller unit and the chemical feed pumps. E. Electrically interlock each chemical monitor/controller with its respective circulation pump. F. Fill the system slowly and check for watertightness under static conditions before turning on circulating pumps. 3.3 DISINFECTANT FEED TBC#22054 8.26.2022 2251 19 -2 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 AQUATIC WATER TREATMENT EQUIPMENT A. Calcium Hypochlorite 1. Connect the chemical feeder control box to the chemical monitor/controller. 2. Install the unit where it will not be damaged or present a hazard to pedestrian traffic. 3. Provide power to the chemical feeder. Electrically interlock the chemical feeder with its respective circulation pump. 4. Install manufacturer's flow switch to shut down chemical feeder upon loss of flow. 5. Install a pressure reducing valve on the inlet pipe if the supply pressure exceeds 20 psi. 6. Test the chlorinator without adding chlorine tablets initially. Test all valves, spray switches, overflow switches, and flow indicators for proper function. 7. Check for leaks in tubing and piping. Check for air bubbles which might indicate a leak. 8. Verify proper inflow/outflow rates with the system running clean water. 9. Fill the chemical feeder with manufacturer's tablets and adjust settings. 10. Furnish two gallons of manufacturer's residue/scale remover product in original unopened cartons. 11. DO NOT ADD TABLETS OF ANY OTHER TYPE THAN THOSE APPROVED BY THE CHEMICAL FEEDER MANUFACTURER. DO NOT MIX CALCIUM HYPOCHLORITE WITH OTHER FORMS OF CONCENTRATED CHLORINE OR CHEMICALS. 12. DO NOT USE MURIATIC ACID TO CLEAN THE UNIT UNLESS DIRECTED TO DO SO BY THE MANUFACTURER. USE THE MANUFACTURER'S RESIDUE/SCALE REMOVER PRODUCT. 3.4 ULTRAVIOLET LIGHT DISINFECTION SYSTEM A. Furnish and install UV system with manufacturer's control panel. B. Mount control panel on a Unistrut frame or on the mechanical room wall. C. Install the control panel within 30 linear feet of the UV unit. D. The UV chamber must be installed on an isolation loop with isolation valves at each end of the loop. E. Install a concrete base under the UV chamber to support its wet weight. F. Ensure adequate clearance is required on each side of the UV unit for maintenance access and removal of lamps. G. Install the manufacturer's glass-break strainer downstream of the UV chamber but before the downstream isolation valve. H. UV isolation loop plumbing shall be schedule 80 PVC. 3.5 PH CONTROL A. pH Adjustment System 1. Connect the chemical feeder control box to the chemical monitor/controller. 2. Install the unit where it will not be damaged or present a hazard to pedestrian traffic. 3. Provide power to the chemical feeder. Electrically interlock the chemical feeder with its respective circulation pump. 4. Install a pressure reducing valve on the inlet pipe if the supply pressure exceeds 20 psi. TBC#22054 8.26.2022 2251 19 -3 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 AQUATIC WATER TREATMENT EQUIPMENT 5. Test the feeder without adding tablets initially. Test all valves, spray switches, overflow switches, and flow indicators for proper function. 6. Check for leaks in tubing and piping. Check for air bubbles which might indicate a leak. 7. Verify proper inflow/outflow rates with the system running clean water. 8. Fill the chemical feeder with manufacturer's tablets and adjust settings. 9. DO NOT ADD TABLETS OF ANY OTHER TYPE THAN THOSE APPROVED BY THE CHEMICAL FEEDER MANUFACTURER. PART 4- POST CONSTRUCTION 4.1 TRAINING A. The contractor shall provide on-site instruction to Owner's staff for the operation and maintenance of aquatic equipment. B. Provide owner with (Material Safety Data Sheets) MSDS for chemical products delivered to the project. C. Provide Owner two copies of a written Operator's Manual. D. Retain all manufacturer's warranties, installation instructions, operating instructions, spare parts list, and other data that comes with the equipment and furnish in a 3-ring binder to the Owner before final acceptance of the project. END OF SECTION 22 51 19 TBC#22054 8.26.2022 2251 19 -4 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 26 00 00 ELECTRICAL PART 1 - GENERAL 1.1 SCOPE A. The section governs electrical construction including electrical distribution, electrical devices, switches, transformers, wiring, pull boxes,junction boxes, luminaires; brackets, bases and poles for luminaires; and support for electrical devices. B. Not all fittings, bends,junction boxes, wall boxes, and ancillary equipment required by code are shown on the plans. Nevertheless, such equipment is deemed specified and. C. Provide bonding and grounding for aquatic shells and equipment. D. Unless otherwise shown, Contractor shall provide new equipment and install in working order. Any electrical device shown shall require installation of power circuits, switches, outlets and supporting devices even if not shown on the plans. 1.2 WORK COVERED UNDER OTHER SECTIONS A. 26 05 26 Grounding and Bonding Aquatic Structures 1.3 REFERENCES AND CODES A. Work shall conform to the requirements of the National Electrical Code as modified and adopted by the authority having jurisdiction. B. Lighting shall conform to the requirements of the Illumination Engineering Society of North America (IESNA) C. Electrical work shall conform to the requirements of the Occupational Safety and Health Act, OSHA. PART 2 - PRODUCTS 2.1 MOTOR STARTERS A. Motor starters are required on any electric motor of 1-1/2 horsepower or greater but may be capacitor starters mounted on motors of 2 horsepower or less if furnished by the manufacturer of a pump. Motor starters for larger than 2 horsepower motors shall be combination starter, disconnect, and overload protection NEMA rated starters in NEMA 4X enclosures. Motor starters shall be Siemens, Rockwell, Square D, General Electric, Eaton or an equal approved by the Engineer. 2.2 REDUCED VOLTAGE STARTERS A. Where called for on the plans, a reduced voltage motor starter shall be required. Reduced voltage starters by the same manufacturers as above shall be electro mechanical, part winding, primary impedance or autotransformer/solid state type as required for the type of motor and horsepower being started. 2.3 VARIABLE FREQUENCY DRIVES A. Variable Frequency Drives where called for on the plans shall be Siemens, Eaton, Toshiba, Fuji, General Electric or other brand approved by the Engineer. Variable frequency drives shall be sized for the motor, voltage and phase, for which they will be controlling. 2.4 PREMIUM PUMP MOTORS TBC#22054 7.20.2022 260000 - 1 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 ELECTRICAL A. Pump motors shall be premium efficient motors. 2.5 PANELBOARDS A. Panelboards shall be as scheduled on the plans. They shall be copper bus type, door in door panels. 2.6 WIRING A. Unless otherwise shown, wiring for general power distribution within buildings shall be type THWN copper wire rated for up to 600V. Wiring for exterior use, around aquatic equipment, and in shops and mechanical rooms shall be XHHN, XHHN-2, or THHN copper wire rated for up to 600Vs. Wiring for underwater use shall be rated for submergence. Type NM non- metallic sheathed cable (Romex for example) may only be used in residential or other special non-commercial buildings. NM cable may not be used in commercial projects. Services from transformers to meters shall be SEC (service entry cable)type THW or THW-2 copper or aluminum sized per NEC tables. 2.7 CONDUIT A. Conduit shall be run in EMT tubing when located within walls or otherwise permitted by local code. Exposed conduit shall be RIGID metallic conduit. Conduit for underground or within concrete shall be PVC schedule 80 conduit. FMT (flexible metallic tubing)shall only be permitted in lengths of 10'-0" or less from junction boxes to motors, lights or fans. Service entries shall be installed in rigid non-metallic conduit, corrugated armored conduit or galvanized steel conduit. PART 3 - EXECUTION 3.1 COORDINATION AND SCOPE OF WORK A. Bonding of the aquatic shell and deck equipment and grounding systems— Refer to Section 26 05 26. B. Provision and installation of pumps with motors. C. Starters, power and wiring for motors. D. Power distribution panels, transformers, circuit breakers, circuit wiring, convenience outlets, overhead and task lighting. E. Level Controllers- 120VAC circuit. Electronic level controller requires 24VAC solenoid valve wiring from the controller to the solenoid valve F. Chemical monitors— 120VAC duplex outlets shall be sufficient for powering these plug-in devices. Requires 120VAC circuits (switched by the monitor)to chemical feed units (peristaltic pumps, solenoid valves or controlled erosion feeders). G. Electrical distribution. H. Low voltage (4-20 ma)wiring from flow sensors to electronic meters I. Service disconnect— Provide a service disconnect switch to meet requirements of local code. J. Ground fault circuit interrupters— GFCI protected circuits are required: 1. In aquatic equipment locations 2. On decks within 20'-0" of any aquatic feature. K. Duplex Outlets—One or more weatherproof 120VAC duplex outlets shall be installed not less than 6'-0" or more than 20'-0"from each aquatic vessel such that every part of the vessel(s) TBC#22054 7.20.2022 260000 -2 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 ELECTRICAL is within 100'-0" radius of a duplex outlets. Within equipment areas unprotected by roof or walls, all convenience outlets shall be weatherproof. L. Overhead wiring or fixtures— No lighting fixture, fan or other electrical wiring, conduit, or appliance shall be installed over an aquatic structure below a level 12'-0" above the water surface for a distance extending five feet outside the wetted perimeter. M. Underground wiring— No wiring other than wiring to pool underwater luminaires shall be under a swimming pool, splash pad, or other similar vessel or within five feet horizontally of the wetted perimeter of the pool. N. Cover— Underground conduit shall have at least 24" cover. 3.2 LICENSING AND PERMITTING A. Only licensed electricians may install electrical wiring, and connect power and distribution systems. B. If a separate electrical permit is required, it shall be obtained by the electrical contractor who shall pay all costs incident thereto. 3.3 TESTING AND START-UP (BY ELECTRICAL CONTRACTOR) A. Complete placard for all distribution panel identifying all circuits and spares. B. Test all GFCI breakers and circuits. C. Test all duplex outlets for proper voltage and verify grounding. D. Verify that all electrically powered devices are functioning including lights, motors, controllers, heaters, monitors, fans, air conditioning, and appliances whether furnished with this project or pre-existing, or furnished by the Owner. PART 4- POST CONSTRUCTION END OF SECTION 26 00 00 TBC#22054 7.20.2022 260000 -3 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 26 05 26 GROUNDING AND BONDING AQUATIC STRUCTURES PART 1 - GENERAL 1.1 SCOPE A. Provide a complete grounding system to all non-current carrying conductive components and grounded circuit conductors of the wiring system. B. Bond aquatic shell, metallic equipment, gutters, light niches, diving stands, starting blocks, decks, fountains, rails, etc. as required by NEC 680.26. C. All electrical work must be done by qualified, licensed electricians. PART 2 - PRODUCTS 2.1 GROUND RODS A. 5/8" diameter by 10'-0" long copper clad steel: Blackburn 6260, Thompson, or equal. 2.2 BONDING CLAMPS A. Bonding clamps shall be UL listed brass compression clamps. PART 3 - EXECUTION 3.1 GENERAL A. COORDINATION: Coordinate all work with other contractors. Unless otherwise coordinated or specified in these documents, responsibility for grounding and bonding remains with the Aquatic Contractor. B. GROUNDING: 1. When grounding systems are not shown on the Plans, as a minimum, ground in accordance with the NEC. 2. When grounding systems are shown on the Plans, and are more stringent than required by the NEC, the Plans take precedence. 3. Use a heavy duty exothermic welding process (HD ETP)for all grounding electrode to grounding electrode conductor connections, all grounding connections in contact with earth or concrete, and all grounding connections to structural reinforcing bars. C. EQUIPOTENTIAL BONDING: 1. The bonding grid shall be the aquatic structure reinforcing steel. 2. Bonding wires are not tied to the electrical grounding system. 3. Bond all metallic elements within 5'-0" of the aquatic structure using minimum#8AWG bare copper wire. The following metallic elements, if present, must be bonded. a. Metal doors, windows and metal frames located within 5-0" of the water b. Metal fountain nozzles or other fountain accessories c. Metal drains and drain covers d. Metal anchor plates for water play features. e. Metal shade structure anchor plates or poles within 5-0" of the water. f. Metal fencing within 5-0" of the water. TBC#22054 7.20.2022 260526 - 1 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 GROUNDING AND BONDING AQUATIC STRUCTURES g. Any other metal part greater than 4" in greatest dimension or projecting into the aquatic structure more than 1" 4. Bond aquatic structure to perimeter surface in a minimum of four locations and at a uniform spacing. Use minimum #8AWG bare copper wire. a. Bond deck reinforcing steel to the bonding grid. b. If the deck is non-reinforced, constructed of stone, gravel, wood, or other non-metallic surfacing, bonding is still required. Install a#8AWG bare copper wire continuously around the aquatic structure perimeter and within 18"—24" of the water. c. The wire shall be not less than 4" nor more than 6" below the surface. Bond this wire to the bonding grid in a minimum of four uniformly spaced locations. 5. Bond the following aquatic mechanical equipment to the bonding grid. a. Pump motors b. Metal filters c. All aquatic components and equipment that is equipped by the manufacturer with a bonding lug PART 4- POST CONSTRUCTION END OF SECTION 26 05 26 TBC#22054 7.20.2022 260526 -2 DocuSign Envelope ID:C9D73B34-715F-41 BC-89F6-A50FBED4D769 LEVY DYKEMA COLE PARK SPLASH PAD—CORPUS CHRISTI, TEXAS SECTION 31 00 00 EARTHWORK FOR AQUATIC STRUCTURES PART 1 - GENERAL 1.1 SCOPE A. This item shall include furnishing all labor, equipment, materials, superintendence and other related services necessary to complete the earthwork indicated on the aquatic drawings or specified herein including: 1. General site grading, filling, borrowing and compacting to achieve the final grades shown. 2. Excavation for aquatic structures. 3. Construction of base fill for slabs and decking. 4. Over excavation and installation of select fill under aquatic structures and decks, if shown. 1.2 WORK COVERED UNDER OTHER SECTIONS A. Protect previous work of any subcontractor, existing trees, sidewalks, curbs, pavement, buildings, and utilities on or adjacent to the site not included herein for removal or adjustment. PART 2 - PRODUCTS 2.1 SELECT FILL A. Select fill to fill old structure and replace unsuitable sub-grade materials shall be clean sandy clay having a Plasticity Index (P.I.) between 5 and 15 and a Liquid Limit (L.L.)of 40 or less. PART 3 - EXECUTION 3.1 GENERAL A. Examination of Site: Prior to commencing work the Contractor shall examine the site and make himself fully aware of the conditions and requirements of the site. He shall make the Engineer aware of any abnormal or questionable soil conditions or the need for additional work not shown on the Drawings or specified herein. B. The Contractor shall use equipment specifically designated for the work to be performed. Do not break out curbs for access. Do not park equipment on parking lots outside designated staging areas. Protect all excavations with guard rails. C. Excavation and Backfill: Excavate to the lines and grade shown on the plans plus sufficient extra to allow for any necessary forming. Do not allow excavations or forms to stand in water or to become loose and sandy. 1. Where earth forming is used the soil shall be cut true to line and the concrete placed as quickly as possible to prevent drying or caving of the sides. Should sloughing or caving occur, the Contractor shall, at his own expense, back form, brace, parge or otherwise stabilize the sides. If backforming is used, forms and whalers must be removed after concrete placed against it has cured a minimum of three days. 2. Backfill shall be placed immediately after laying pipe or stripping forms and inspection of the final structure by the Owner's Site Representative. Remove all debris from the excavation prior to backfilling. Backfill in nine inch lifts, evenly on all sides of the structure if possible, compacting around the structure mechanically to 95% of Standard Proctor Density at-1/+3% of optimum moisture. D. Surplus or unsuitable material shall be hauled away and disposed of by the Contractor. TBC#22054 7.20.2022 31 0000 - 1 DocuSign Envelope ID:C91D731334-715F-41 BC-89F6-A50FBED4D769 EARTHWORK FOR AQUATIC STRUCTURES E. Subgrade Compaction: The Contractor shall sprinkle and mechanically compact fill under pool, decks, and fill areas within pools to 95% Standard Proctor Density at-1/+3% of optimum moisture. F. Testing: The Owner shall make arrangements and pay for testing with a qualified independent testing laboratory at his own expense according to the following recommended schedules: G. Select Fill: Test compaction of each 9" lift of 25-0" x 25-0" grid over entire area of fill. Stagger grid for each lift. H. Test results shall be furnished to the Contractor. Areas failing compaction test shall be delineated as half the distance to the closest passing test and reworked until the area passes. No further backfilling, earthfill, or paving may proceed until the previous layer has passed compaction testing. Failing areas shall be retested at the Contractor's expense. I. Final Grading: Break up all hard-pan earth or clay surfaces to make them suitable for sodding, seeding, or landscaping. Hand rake all exposed earth surfaces removing all rocks, clods and debris and smoothing the ruts from construction equipment. Leave areas to be sodded 2" below adjacent curbs, walks, decks or pavements. Taper gradually all transition to match existing, undisturbed terrain. 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Em}« w oo p w w w w w w C l f�) 1 C,6 f,=;1 ,i I V / Y i Lu �k Yi < r eLoz/si/so Y= 6,ajoouFbu] )a aua.I,odeC� if) — - I (1bd HIS IcJS n) u r _X31 o NbY JNYW N 11.SI21H� S�d?JO� ! ,lllj w, (It/d HSr/7d5 AHt/cl 170J fl 4 NOi.I.Ultl')4�11 /9 1.1 vi1 UN NgiSinN d dtl')�11 n8 a.LVp K rvOt.3b 13 U. Z' 4 owo n � u ui LU u o s F o 6 S S O U g o g o g w 3 s m}f z p w o Uzi d .. �.... Q 4 4 4 4 oW Y a / �� ) w l a J CL CL V A 1 r a a a d z w fi Y= 6—oow Fbu] ,o aua.I,odeC if) o x31 NV'H NOI:;N3Wrn Nb�,-1 HIS 1d, E �s> NOi.I.Ultl')4�11 /9 1.1 vi1 UN NgiSinN d dtl')�11 n8 a.LVp K rvOt.3b 13 U. 0 sZ" Z Z.- Z, p i a e "F fF a z O ui a o ga p tom. 2 l F o g — LU = cn t -.z I 4 F IL CL P i 4 \, m � J z -oa.a - fi eLoz/si/so Y= 6,aoow Fbu] ,�o (uaw(andeC if) w X31 Need JNOflMd GVH NSb IdS n> �.,., /IS121HD sndaoi !o ,1115 Cl r d HSI d.�I, �I 3�C(;) NOi.I.Ultl')��i11 /9 3.1 vi1 UN NgiSinN 0 dtl')�11 n8 3.LVp "K rvOt✓�3N IL p f � o Yo ZO �p LU Z. W wdw d 0 F F C7 m w CD v �1 o z � 6 - w ry, m o zF a a f 7 (�'i G 7 Ri (e7 (J (c7 .....ry_...... v.._ ............................................ . I w 0 A�1 m2 CL x iry i 0- coJ1 u e � d z Y= 6,w ooinbuy ,�o aua.I,odeC) N c7 SVX31 1.SI21HS S(d?JIJS !� ADD 1NJndl(Ol WJiNdIINNW OV J IHVIc]S � «> OVd HS 7dS AH cl 770J NOi.I.Ultl')��i11 /9 3.1 vi1 UN NgiSinN 0 dtl')�11 n8 3.LVp "K rvOt✓�3N # as 1 w L1° Z' Y p 4 q 0z a s a 4 w d w UJ w = 3 z s 2 U) aui a �_ LU tjd LU w a ry D C) El LLI El CIS, d p CLU o a � z z � � ) C(r a `` C) 5 CFLU w ar ml Q CCC::: a z CO ----------(----------------------------- G j { \ CtJ µ a d z w fi eLoz/si/so Y= 1�SI21�H7��5(ld�r a )uaw)andaC) NVId ir) SVX31 y w,, aoi !o ,1115 C.'Ir1d HSY/'IdN AHtrc! 370;) r �l r r NOi.I.Ultl')��i11 /9 3.1 vi1 UN NgiSinN 0 dtl')�111 n8 3.LVp "K rvOt✓�3N IL °z o - Zu o Z3 �t "F LU -------------------------------------------------- ---- ----- Z r Q c a ------------------- o � J U O U W Q Q c) _ J e w t P a rd Z w fi Y= o )uaw)ande VC if) w X31 Jl,l bW IH;)� o, USWHO snd?doo !o Am r (.'Ir1d HSV�'IdS AHtrc! 370;) � C �:1 r NOi.I.Ultl')��i11 /9 3.1 vi1 UN NgiSinN 0 dtl') 11 n8 3.LVp "K rvOt✓�3N LV wh '. o l ''r °z 0 Z. (3 Z' Z U W _.- ED Q a0 C=) 7., J 1,=IIC w ( [[ _ €€ w ��1 _ w r` p r a a �� C1 CryJ � r r_ Ik W w d � ..,.,. iu,iu,iu ;l ii F�IOC/SI/9G Y= 6,,00wFbu] ,�o Jua.I,odeC X31 WJH,7> JNdl b31 ovd HSv�di + 11.S/8HJ Sndaoi !o ,1115 a r NO41.UItl')S�i11 /9 3.1 vi1 UN NgiSinN 0 dtl')�11 n8 3.LVp "K rvOt✓3N d'< 0 V= Z. a �� g.......................................... Z� U LL a se€ azryz aNa &sn€ fess€sa.. fie€rre€ w e e � � 3 g,% dd ds;✓ � � " gw& €6868ffi 6 6g6666yy8 B O10 a€z�aaa5�aa56c6€S�Cs Of ------------------------------------------------------------------------ a � J � Z h 0 0 s r�ivaa Nvw 3an,va J J U U LL E ------------- a a�,eM Ys� Y LU LU Ms z U) LU L y7 L Ms4 J r � i; .. 0 Q — J .... a f mJ � U J M - - , - - mea d�tin. � ..-,94�..... � NoruNv,,ova a t C�'I , d. ( A fi Y= saowas bu)—u!6u� jo 4—podea sdx31 sNO11315 add Hs�ds _ � I1S121HO sndboo jo ilio add HsV�ds >Ndd =3 w o CL "I N1111— NDI— 18 311fl ON NDIIIISIIII a� Me Un i a Zu 0: Zg a m o � ep � oo I mQ • r � oa- an oa°r 3 I I I a I J a I l I - I I 1 LL LL I I - BLOZ/ei/ao o )uaw)andeC If) o X31 S71bNO Om NWHS id �� n> USWHO Soo !o Am � a �> = (Vd HS 7dS ,)HVcJ ]70,) r NOi.I.Ultl')��i11 /9 3.1 vi1 aN NgiSinN 0 dtl')�11 n8 3.LVp "K rvOt✓�3N w.' U rs m0` ' o Fw �, i g ca 0 A Bid s =� � A J O jlow H i P. � --- - -------- z t w° � z J o gal to Zw pa �~ iZ p_6 j O in LU ----------�=� � ---------- — o i w U) wa , z b a I 1 Q SyWO.. (1� 1 w -L f° J ". _ _-_------J M w sW LL w __ p z Vol 0 z In Q LOUM LL a s . � U) F I M -- ; � CL p O O LL 1LU a U U JOry � i � Oa 4 ay N -------------- - E� ----------------------- �a I --------- Z W ;f. F�IOC/SI/9G Y= saowag bu)—u!6u� jo 4—podea sdx31 S�id1HH add HS�HS W _ ° IIS16HO sndboo eo Allo add HSV�dS >Hdd =3 w o CL "I ON NOIS1131 18 311fl ON NDIIIISIIII IL ma V o - i w u Zu w Z' 0 - z oZZ Q m Z LU g U` p - J m of LU U) CEIR el Q w J Z 0 s n - s s (n N s Q - - N =1 'I I r_ J i m a9 E4 a - oN N � J a 'nS Q a L---� w d d Ow 3d�d 3d�d cZ a G G w o —+ o A - BLOZ/9l/90 6,aoow Fbu] ,�o )uaw)aodeC x31 IlVi:](] aVd W V lld�: 1IS18HJ snd aoi !o ,llln a (IF/d HS1/76S AHt/cl 170;) r NOi.I.Ultl')4Y11 /9 1.1 vi1 UN NgiSin N d dtl') 11 n8 a.Iv, K rvOt.3b aar pU.' �3 z Z. a z Z�< a J Q ' — � ,u �rva° a m 03�rc'a W wpy f J LU LL --- s _ o LI U, m w z Of r w `n �a w 6 z _1 d a I LL �m m w b wY mp rc LL Fr �H6 w U) S ry w rc e W 2 m Y s •.- t .._ az .s � r a °rcm T $ g E Z I Q LL ( n J _� e LU LL �zLU I a J W w _. o� LL L----- -- LO U) =a ww z ° p •� � rc wv��1 W Z W LU m W W LU LL1 TO o j' 0 W f 16i fm w m W m w > — w� O�� - 5 ° .. y a w� fi eLoz/sf/so Y= saowag bu)—u!6u� jo 4—podea sdx31 s�id1HH add Hs�Hs W _ ° IIS16HO sndboo eo Allo add HsV�ds >Hdd =3 w o CL "I ON NOIS1131 18 311fl ON NDIIIISIIII IL ma [l° O i Zu J - Z. z <, m p J 4 4 a wm m �r= o > > rc J I\\\\\\ NII.I I Q W ® W 0 o coLU ¢ 0 LU w U ❑ \ Z w Q Q OU J MMN=w W gt = - - -_ r3 _ F�rc 4F ➢w O w3 .v,�� cn _ LLLl CO IL w —3 atl°sad ad El LU a o o DN Z F-- w o w ;i = LL c) LL w Q W z N 'LUJ m o ,ww 4p c 3� U) ❑ w J LU 3'JatlH>Sla aNlfltl LU ® g LU w wCL�2 U)- � a So - a�oz/ei/ao . a—S :ua > m =dea Sl�:2 :� ns<2» k es u s Ao9 » 2 e e® cVc� Cyd >Q/Vc] =3 § \ C Z � � . . "I ON NOIS1131 18 311fl ON NDIIIISIIII \ IL [ 6 m� : Ll 2, ) z§ , LU LU � e m — M /\ M \ \ \ LL )° `O :` 1 cp"\ \ y =, j § _ \W _ \ E, G / _ \} \! } \» \ 04=4 - }_ /\9\ \\\\ sao.,-S buuaau;6u� ro 4—podea i� sdx31 s133Hsins H�lnivij add Hsv�ds °� ilsibH� sndbo� �� li� — � IUw � Q N add HsV�ds >Hdd =3 w o CL "I ON NoIs1131 Nolidl-- ,e 311a �ON tiDIS11- a� me o x a Z� x �pnaaalNoair,� ° NUWm�umm�a Cl Z= u eq.opo„. Za } N J m Z W s 0 LU UP Q n aui H c00 W m 1 � T �s 0RmUA G a o i ry it a�wx.m•�:, N fir 4 p Z LU O LL ob Z nv W W J W < a LU }LLJ . ILL m b CD M JU a"m m rR rr E a 0 e 9 av»allllN111aaa09a �, it gtnaaaau�au�aunu�aunu� cu Q / �...... a Q v, U / Z UJ H U �y d m '� �' Q .,, LU C9 n � �1 r 1 X1111\ , V a Lu o u W Q ~ o c ~ w ' ;c W /Ji>i ra %fly ' mPn tr a s' w Aaa m� a w ix m � N / - 0 >0 W LO J 1//ftU Z l x 0 � aU r > n - a�oz/ei/ao sao.,-S buuaau;6u� j0 4—podea ., sdx31 I ��Q °sissHslnn HHn1eHH add Hs�ds ilsibH� sndbo� �� 11� NU add HsV�ds >Q/dc] =3w CL "I ON NoIs1131 Nolid-- ,e 311a �ON tiDIS11- a� me „i �2 �o z ANS z LU Z4 U) LU MA Q r p O < LL 1' OD co 0 u N IL y 11 9 J Yi,� z u ZLU _ r LLLL N co aaM m L >� Q�u° �urao�irrcrcrauy�,�"; z w CO CO m " w w � N w G U) tia p r - o w co n 3. LL I Yr u i i a iir�il%r . x l JDt/ rt ! aa Z �,?m J . 31OR a al.vU 2LOZ/91/50 — 1�SI21�H75(SIVX a auawIanda�� NV1d irl � SdX31 b17� !o lll� NOIIVON(OJ 18050 UNd �VOINVI'1 dW «> C.'IVd HSV'IdN AHtr6 J�CI>;) �l r f-1 NOi.I.Ultl')��i11 /9 3.1 vi1 UN NgiSinN 0 dtl')�11 n8 3.LVp "K rvOt✓3N IL 13 J' E3 Iz Z. w2 pZ., e o 3� w zn 0 N ryg Iv In r__ ,-__� r____ _� r, r___ _ ly I r I I I I I I I I z I I I I I I I Q L-----.J L—_ ---J L--- --J L L L--- --J 0 Q z D 0 1 N D A 0 O U z W U z OF r------i r------i r------i r------i r------i W I I I I I I I I I I I I I I II I I I I b, J ......... L_ ___J ........ L__ ....................... Z W ;f. R LOZ/S I/9O Y= 1�SI21�H7��5(ld�r a auawIandaCf NV1d ire SVX31 ww JNINVdJ d00 3 fINO�dNd l dINVPINdW «> aoi !� 1115 e CIVd HSV IdN ALJt/6 3�0,) �l NOi.I.Ultl')��i11 /9 3.1 vi1 UN NgiSinN 0 dtl')�11 n8 3.LVp "K rvOt✓�3N IL Lel= r Z. Lu p £ o o Z ma 3 O d d x. af J C^) i 1 (p iJ cc'i CJ .6.� ....� ... -.... C _ .................................................. 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