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C2023-164 - 7/25/2023 - Approved
DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF CALLAMAR4 Vll�il l4ir. IVJI JLL DATE(MM/DD/YYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 08/01/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Paul Hogan USI Southwest PHONE 504-355-5019 FAX 610-537-4152 3850 N. Causeway Blvd., Suite 1200 (A/C A Lo,Ext): AIC,No ADDRESS: Paul.Hogan@usi.com Metairie, LA 70002 INSURER(S)AFFORDING COVERAGE NAIC# 504 355-5000 INSURER A:US Specialty Insurance Company 29599 INSURED INSURER B:Ascot Insurance Company 23752 Callan Marine, LTD. an Texas TMutual Insurance Com 22945 Sullivan Industrial, LLC INSURER C: Company INSURER D:Lloyd's of London 85202 6800 Harborside Drive Navigators Insurance Company 42307 Galveston,TX 77554 INSURER E: 9 p Y INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY CUL11685073 07/01/2023 07/01/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE FOCCUR PREMISESOEa occur ence $50,000 X Marine General MED EXP(Any one person) $5,000 Liability PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PR POLICY � ECOT F LOC PRODUCTS-COMP/OP AGG $1,000,000 OTHER: $ MBINED SINGLE LIMIT E AUTOMOBILE LIABILITY FA14CAL01982308 10/01/2022 10/01/202 CO1 000 000 Ea accident $ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED POPROPERTY DAMAGE AUTOS ONLY AUTOS ONLY era B UMBRELLA LIAB X OCCUR MAXS231000235102 07/01/2023 07/01/2024 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION$ $ C WORKERS COMPENSATION 0001307600 03/31/2023 03/31/202 X PER OTH- AND EMPLOYERS'LIABILITY STAT TE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? [N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Pollution EPG0673912 07/01/2023 07/01/202 $5,000,000 Per Occ A P&I CUL11685073 07/01/2023 07/01/202 $5,000,000 Per Occ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: 19046A Packery Channel Dredging and Beach Nourishment Contract No.4640 CERTIFICATE HOLDER CANCELLATION Cit f Cor Christi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City opus THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1201 Leopard St., 78401 ACCORDANCE WITH THE POLICY PROVISIONS. City Hall, 1st Floor; P.O. Box 9277 Corpus Christi,TX 78469-9277 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 3 The ACORD name and logo are registered marks of ACORD #S40578503/M40578501 PYHHM DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF DESCRIPTIONS (Continued from Page 1) Marine General Liability Marine Comprehensive Liability form, including: Action Over Indemnity Buyback Endorsement. Blanket Additional Insured and Waiver of Subrogation,as required by written contract Blanket Primary and Non-Contributory,as required by written contract Amended Aggregate Limits of Insurance(Per Project) Endorsement. In Rem Limited Pollution Buyback(72 hour/30 days) Endorsement. Ship Repairers Liability Endorsement Gulf of Mexico Extension Auto Liability: Blanket Additional Insured and Waiver of subrogation in favor of certificate holder as required by written contract. Blanket Primary Endorsement as required by written contract. Hull and Machinery and Protection&Indemnity: Hull Limit: Total Insured Value as per Vessel Schedule P&I Limit: $5,000,000 Per Occurrence Includes Collision and Towers Liability Contractual Liability Extension Jones Act Coverage/Crew Coverage Pollution Buy-Back In Rem Other than Owner Clause Liner Negligence Clause Removal of Wreck American Institute Hull Clauses American Institute Tug Form(5311-1 Protection and Indemnity(SP-23) Blanket Additional Insured and Waiver of subrogation in favor of certificate holder as required by written contract. Navigation Warranty: Limited to United States Coast Guard Certificate of Inspection, or Inland and Coastal Waters of Texas and Louisiana,whichever is the lesser. Vessel Pollution: 07/01/2023-0710112024 EPG(Environmental Pollution Group, LLC)-Policy#: EPG06739-12 Limit: $5,000,000 Per Occurrence OPA/CERCLA Blanket Additional Insured and Waiver of subrogation in favor of certificate holder as required by written contract. Workers Compensation Including USL&H: Signal Mutual Indemnity Policy Number: 46300 10/01/2022- 10/01/2023 Incidental MEL Coverage Blanket Waiver of subrogation in favor of certificate holder as required by written contract Workers Compensation Including USL&H: Texas Mutual Policy Number: 0001307600 WC TX 03/31/2023-03/31/2024 Blanket Waiver of subrogation in favor of certificate holder as required by written contract SAGITTA 25.3(2016/03) 2 of 3 #S40578503/M40578501 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF DESCRIPTIONS (Continued from Page 1) Umbrella Excess Liability: Policy Number-MAXS2310002351-02 Ascot Insurance Company- 25% Lead New York Marine and General Ins- 25% Endurance American Insurance Co- 25% US Specialty Insurance Company- 25% Follows Form Underlying Policies Include: Marine General Liability,Auto, Employer's Liability,and USL&H Blanket Additional Insured and Waiver of subrogation in favor of certificate holder as required by written contract Rental Equipment AGCS Marine Insurance Company Policy Number: SML93077849 10/01/2022- 10/01/2023 Rented/Leased Equipment-$1,000,000 per item/per Occurrence The Equipment policy includes a blanket Loss Payee endorsement providing Loss Payee status to the Certificate Holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status All Policies include 30 Days Notice of Cancellation and 10 Days Notice for nonpayment. The Marine General Liability,Automobile Liability, Hull &Machinery/Protection &Indemnity Policy, Vessel Pollution and Bumbershoot(Excess) Liability policies include an automatic Blanket Additional Insured Endorsement and an automatic Blanket Waiver of Subrogation Endorsement to the Certificate Holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. The Marine General Liability,Automobile Liability, Hull &Machinery/Protection &Indemnity Policy, Vessel Pollution and Bumbershoot(Excess), USL&H,and Employers' Liability provide a Blanket Waiver of Subrogation in favor of the same,when required by written contract. SAGITTA 25.3(2016/03) 3 of 3 #S40578503/M40578501 DocuSign Envelope ID:CDFF3BFF-1458-467D-9F46-OFE09A6125DF This page has been left blank intentionally. oo"u3ignEnvelope ID:ooppoepp'14no-4n7D-9p4n-Openexn1znop 006113 PERFORMANCE BOND BOND NO. 107869524 Contractor as Principal Surety Name: Callan Marine, Ltd. Name: Travelers Casualty and Surety Company Mailing address(principal place of business): Mailing address(principal place of business): PO Box 17017 One Tower Square Galveston,Texas 77552 Hartford,CT 06183 Physical address(principal place of business): Owner One Tower Square Name: City of Corpus Christi,Texas Hartford, CT 06183 Mailing address (principal place of business): Contracts and Procurement Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: CT Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): (860)277-0111 19046A Packery Channel Dredging and Beach Nourishment Telephone(for notice of claim): (800)328-2189 Loca I Agent for Surety Name:Bowen, Miclette&Britt Insurance Agency, LLC Award Date of the Contract:July 25, 2023 Address: 2800 N,Loop West,Suite 1100 Contract Price: $3,531,549.00 Houston, TX 77092 Bond Telephone: (713)880-7100 Email Address: tmiciette@bmbinc.com Date of Bond: July 28,2023 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 l9O46APackeryChannel Dredging and Beach Nourishment 6/11/2OZ1 oo"u3ignEnvelope ID:ooppoepp'14no-4n7D-9p4n-Openexn1znop 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 obliyation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shag 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 exclusively in Nueces County, Texas for any legal action. Contractor as Prin i �, Callan Marine, LTD Surety 9-cip Travelers Casualty and Surety Compp Signature: Signature: Name: Name: David T. Miclette Title: Title: Attorney-in-Fact Email Address: Email Address: tmiciette@bmbinc.com (Attach Power of Attorney and place surety seal below) END OFSECTION Performance Bond 006113-2 19D46APackeryChannel Dredging and Beach Nourishment oo"u3ignEnvelope ID:ooppoepp'14no-4n7D-9p4n-Openexn1znop Travelers Casualty and Surety Company of America ANK Travelers Casualty and Surety Company TRAVELERSJ St. Paul Fire and Marine Insurance Company POWER mfATTORNEY KwDw ALL MEN BY THESE PRESENTS: That Tmvn|om Casualty and Surety Company ofAmerica, Travelers Casualty and Surety Company, and St. Paul nm and Marine insurance Company are corporations duly organized under the laws of the Stam o, Connecticut (xomm collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint DAVID TIM|cLEvTE of HOUSTON . Texas . their true and lawful *momay(o)-m'pam to a|go, oxaumo, oaa| and aoxnvw|ougu any and an bondu, recvgnizano*u, conditional undertakings and mxe, writings obligatory in the nature thereof on uexm|f of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance o, ountmmo and nx000Ung o, guaranteeing bonds and undertakings required or permitted in any actions urproceedings allowed uylaw. |mWITNESS WHEREOF,the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed,this 21st day of April, 2021. suar")e oMe MR9 HARTFORD MGM CONN. CONN. jo —I)A State ofConnecticut By: City nvHartford ss. Robert L.xuxvptemmVice President On this the 21st day o, Ap,i|, 2021. before mo personally appeared Robert L. nanvv, who acknowledged mmmon to be the ooniu, v|oe pmoiuont of each of the Cumpon|ou, and that he, as such, being authorized so to d^, oxouutog the foregoing instrument for the purposes therein contained by signing on behalf of said Companies byhimself anaduly authorized officer. |wWITNESS WHEREOF,|hereunto set myhand and official seal. NOTARY MyCommission expires the Vomday vfJune,2o2o A Nowik,Notary Public This pow*, of Attorney is granted under and by the authority of the mnuwmg noov|mions adopted by the Boards o, Directors of each of the Companies,which resolutions are now mfull force and effect,reading as follows: RsSocvem' that the Cxui,mon, the pmoiuont^ any v|ua Chairman, any Ex000nw` wm p^eoment, any Senior woe Pmumunt, any vina President,any Second v|ov President, the T,oaoum,, any xoo|otent Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe m sign with the Company's name and seal with the Company's seal uonuo, mnognizanovs, uon|/nmp of indemnity, and other writings obligatory in the nature of u »onx, moognizanve, o, conditional unuexuwng, and any o, said officers o, the uvam of mectvm at any time may remove any such appointee and revoke the power given him n,her;and itin FURTHER RsSOcvEo, that the Cooi,mou, the pmamam any Vice o»^i,mon, any exouuu,u Vice pmomont. any Senior v|oe President o, any Vice President may delegate all or any part o, the foregoing authority to one o, more officers or employees o, this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is pVnTnEn mESVcvEo, that any bvnd, recvgnizmnmn, contract of mdemnity, or writing obligatory in the nature o/ a ovno, mongnizenco, or conditional undertaking xhu|| be valid and binding upon the Company when (o) signed by the President, any Vice cnui,mon, any exoouowa vioa pmoidont, any aon|vr Vice President or any Vice pmoixant. any Second Vice pmmoent. the Tmaoum,. any Assistant Treaoure,, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Geo,omry or Assistant Secretary; or (u) duly executed (under ooa|, if required) by one o, more Attorneys-in-Fact and Agents pursuant to the power peoon»eu in his o, her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER REooLvEo, that the signature of each of the following nffiomm: Pmo|dent, any Executive Vice President, any Senior vipa pmmoen\, any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any ooxiovmo m|ann8 thereto appointing Resident vioo pmomenm. Resident Assistant Seomtonox or Attorneys-in- Fact for purposes only of executing and attesting bonds and vnoenammp and other writings obligatory inthe nwmm thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal »»ao be vonu and binding on the Company in the future with respect to any bond or understanding mwhich itioattached. |. Kevin E. Hughes, the undersigned, xouiumnt Secretary of each of the Cumpan|es, on xo,euy certify that the above and foregoing is a true and correct copy vfthe Power of Attorney executed by said Companien,vi,ich remains in full force and effect. Dated this uotn day of July . 2023 ;3:A:N% COR4 CONN E(- Kevin E.Hughes,Assiltant Secretary mnverify the authenticity*rthis powwei cfA,trnnay,vleascsaflws at 1-800-421-3880. Please refer to the above-namedAttorney(s)-in-Fact and tol�ede/aii.;ci'lhr bond mwhich this Powerof Attorney is attached. DocuSign Envelope ID:CDFF3BFF-1458-467D-9F46-OFE09A6125DF 00 61 16 PAYMENT BOND BOND NO. 107869524 Contractor as Principal Surety Name: Callan Marine, Ltd. Name: Travelers Casualty and Surety Company Mailing address (principal place of business): Mailing address(principal place of business): PO Box 17017 One Tower Square Galveston,Texas 77552 Hartford,CT 06183 Physical address(principal place of business): Owner One Tower Square Hartford, CT 06183 Name: City of Corpus Christi,Texas Mailing address(principal place of business): Contracts and Procurement Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: CT Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): (860)277-0111 19046A Packery Channel Dredging and Beach Nourishment Telephone(for notice of claim):(800)328-2189 Local Agent for Surety Name: Bowen, Miclette&Britt Insurance Agency,LLC Award Date of the Contract:July 25,2023 Address: 2800 N. Loop West,Suite 1100 Houston, TX 77092 Contract Price: $3,531,549.00 Bond Telephone: (713)880-7100 Email Address: tmiclette@bmbinc.com Date of Bond: July 28,2023 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 19046A Packery Channel Dredging and Beach Nourishment 2021 oo"u3ignEnvelope ID:ooppoepp'14no-4n7D-9p4n-Openexn1znop 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 exclusively in Nueces County, Texasfor any legal action. Contractor as Princi Call��Marine, LTD Surety Travelers Casualty and Surety Com any Signature: Signature: Name: Name: David T. Miclette Title: Title: Attorney-i n-Fact (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 19O46APackoryChannel Dredging and Beach Nourishment 2021 oo"u3ignEnvelope ID:ooppoepp'14no-4n7D-9p4n-Openexn1znop AW Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America TRAVELERSJ St. Paul Fire and Marine Insurance Company POWER opATTORNEY mwow ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Tm`ebm Coovo|ty and Surety Company, and En. Paul Fire and monna Insurance Company are nomomnuno duly organized under the |uwo of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint DAVID TM|CLETTs of nouSTom . Texas . mei, true and lawful mtomuy(o)'in-pau to mgn, vxacute, ono| and ooxnmweugo any and all vnnda, mooSn|zanuoo, conditional undertakings and other writings obligatory in the nomm thereof on behalf of the Companies in their uvoineoo or guaranteeing the ouooty of pomona, guaranteeing the p000nnunn* of contracts and executing o, guaranteeing bonds and vnuonamngo mqvi,au or pn/mmou in any actions orproceedings allowed»ylaw. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed, and their corporate seals wuuhereto affixed,this o1wtday ufApril, uum. a 0 It AD, COMM �i MOT HAWO State ofConnecticut By City ovHartford ss. obert L. Raney'Senior,='="=` On this the 21st day of xpm, 2021. oome mo personally avvoamu Robert L. Raney, mmoan to be the Senior Vice pmumem of each of the Componie", and that he, as such, being authorized so to ov, mmxmou the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. |mWITNESS WHEREOF,|hereunto set myhand and official seal. uWARY MvCommission expires the nmxday urJune,oo2a Anna P.Nowilk,Notary Public This Power of Attorney is granted under and by the authority of the following mvo|voono uuopmu by the Boards o, o|mmom of each of the Companies, which resolutions are now infull force and effect,reading aofollows: wEnoLveo, that the oou|,mon, the pmoixom, any vium coairmon, any sxoounvo Vice pmo|dont, any Senior woe Pmoment, any viov p,eoi^ent,any Second vine pm*ment. the Treasum,, any Assistant Treasurer, the Comvmm oaovmmry or any xmoi»mnt Secretary may appoint mtomeys'in'romand Agents mact for and onbehalf u/the Company and may give such appointee such authority aohis nrher certificate ofauthority may prescribe m sign with the Company's name and seal with the Company's seal uonuo, movgn|zonoe", contracts of indomnity, and other writings obligatory inthe nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him o,her;and x|o pVnTnEm mESOuvEo, that the Chairman, the President, any vice Chairman, any Executive woe pmoiuent, any aun|ur Vice President o, any Vice President may delegate on o, any part of the foregoing authority to one or more mmoum or employees o, this Cumpuny, vmv|uad that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RsSOLvEo, that any »onu, recognizance, contract of inuomnny, o, writing nm|Oemry in the nature of a uvnu, recognizance, or conditional undertaking xoao be valid and binding upon the Company when (u) signed by the President, any Vice Chairman, any Executive Vice pmoment. any Senior Vice President or any Vice President, any Second V|oo pmddont. the Tmooune,. any Assistant rvemvumr. the Corporate Secretary or any Assistant Secretary and duly aoaat,u and sealed with the Company's seal by u Secretary or ^moiomnt aoommry; or (b) duly executed (under sea], if required) by one o, more Attorneys-in-Fact and aOmoo pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOcvso, that the oiOnampo of each of the following officers: Pmoident, any Executive vioo pmsmant. any Senior Vice pmoidont, any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power ofAttorney or to any certificate relating txooem appointing Resident vioo Presidents, nomidvm Assistant Gnuretanan or Attorneys-in- Fact for purposes only v,executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such mooimUo signature and facsimile oee| uxan be valid and binding on the Company in the future with respect to any hunn or understanding mwhich itivattached. |. Kevin E. Hugxe,, the undersigned, Assistant Secretary of each of the cvmpmnioo, do oo,ahy certify that the above and foregoing is o true and correct copy o,the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 28th day of July . 2023 Mon)Nqll Kevin E. Hughes,Assiltant Secretary To verify the authenticity of VIM,Power of A ttorne;��Iieim:secaff us at 1-800-421-3880. Please refer mvthe above-named A ttn/ney(s)fv-&r.terdthe meun14 ofuhe bond/vwhich this Power of A tton,ev/sattached. DocuSign Envelope ID:CDFF3BFF-1458-467D-9F46-OFE09A6125DF Aftk' TRAVELERSJ IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty and Surety Coni an for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street, W. Tower, Suite 2900 Philadelphia, PA 19102 1-800-328-2159 You may contact the Texas Department of Insurance to obtain the itifortnation on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001, DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 0 x855 00 52 23 AGREEMENT This Agreement, for the Project awarded on July 25, 2023, is between the City of Corpus Christi (Owner) and Callan Marine LTD. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Packery Channel Dredging and Beach Nourishment Proiect No. 19046A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: HDR Engineering, Inc. 555 N. Carancahua,Ste 1600 Corpus Christi,TX 78401 Daniel.Heilman@hdrinc.com Note to Specifier: City will complete paragraph 2.02 upon award of contract. 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd, 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 120 (plus additional 15 calendar days if Additive Alternative No. 1 is awarded) days after the date when the Contract Times Agreement 005223-1 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones,and the dates for completion of each,are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof,Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $2,000 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 3,531,549.00 Agreement 005223-2 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option,retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement 005223-3 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Agreement 005223-4 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractorthat without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. 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. List as necessary. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI 5DocuSigned by: Z1!dffib'ffl9D,2P.E. ned by: be� 8/22/2023 8/21/2023 e `?49J9Ffia e City Secretary Director of Engineering M2023-111 AUTHORIZED 7/25/2023 APPROVED AS TO LEGAL FORM: BY COUNCIL DS FJDocuSigned by: �W � 8/18/2023 r;/sb �U91-26FUA 244 Assistant ity Attorney ATTEST(IF CORPORATION) CONTRACTOR DocuSigned by: 8/18/2023 EB64827CF03854B,C-.- (Seal Below) By: Matt Sitka Note: Attach copy of authorization to sign if Title: CFO person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief P.O. Box 17017 Financial Officer Address Galveston Texas 77552 City State Zip 409-762-0124 Phone Fax MSitka@callanmarineltd.com Email END OF SECTION Agreement 005223-6 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 00,3,001,81FOR Project Name: R, CKERYCHANNEL DREDGING AND BEACH N(N)RII HMENT Project Num beir. 1,904,6A Own rw Citi of Corpus .Nisl'„N 0AA TCO,BE DIETERMINU, U,eS1j0e.r: Hi),R ENGW E`EIRRNG,,INC,(F-754) Bp its si nature below,illpdder accepts ip of the terms and cr nditlbns of the Bid Acnuw e4gem entrcknowl 4,ga"s receipt of all Addenda to than Bid and agrees,if this alt➢Is accepted,to,eater Into a Contfact Witb the Wirer and complete the Work in actordan,ce with the.Contract Documents for the,Did laic ,. Biddegr catlas marliltem tsd (full teg rPrhrrrne&IB'Jdder) (signature of person Mth authority to WndlheBidder) Name: Matt t 5dtkm ( Tinted nom eBmf pem`son,50,001 W,d Form) Title: L'blrfThrm;rrmx.iai OWWicrr (Wk of person sigtilpy Sid Form) State of Residellcy, (1.38 Fedprol Tx ID No. 27 0893527 IMldress for iN ti es: p`O Box 1'700 _ 775,52 Phone; I1 i 7a2 I`li24 Email: R�a1a1 IW M��r,w, sir il�Wrr rr DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF ach Nourishment Report Created On:3/30/2023 7:11:40 PM BID TOTALS BASE BID Total Base Bid $3,531,549.00 Total $3,531,549.00 ALTERNATE 1 Total Part B-Additive Alternate No. 1: Dredging Reach 2 $100,500.00 Total $100,500.00 ALTERNATE 2 Total Part C-Additive Alternate No. 2 $70,000.00 Total $70,000.00 ALTERNATE 3 Total Part D-Additive Alternate No.3 $191,502.00 Total $191,502.00 Base Bid No. Description Unit Qty Unit Price Ext Price Al Mobilization (Max. 15%) LS 1 $570,000.00 $570,000.00 A2 Bonds&Insurance LS 1 $20,449.00 $20,449.00 A3 Construction Surveys LS 1 $100,000.00 $100,000.00 A4 Pre-Dredge Hazard Survey LS 1 $35,000.00 $35,000.00 A5 Aerial Photography LS 1 $20,000.00 $20,000.00 A6 Storm Water Pollution Prevention LS 1 $13,000.00 $13,000.00 A7 Debris Removal from Dredging TON 20 $1,500.00 $30,000.00 Template A8 Pipeline Management LS 1 $475,000.00 $475,000.00 A9 Pipeline Dredging(Reach 1) CY 270000 $8.03 $2,168,100.00 A10 Allowance for Additional Work AL 1 $100,000.00 $100,000.00 Subtotal: $3,531,549.00 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF ach Nourishment Report Created On:3/30/2023 7:11:40 PM Part B-Additive Alternate No. 1: Dredging Reach 2 No. Description Unit Qty Unit Price Ext Price B1 Construction Surveys LS 1 $12,000.00 $12,000.00 B2 Pre-Dredge Hazard Survey LS 1 $5,000.00 $5,000.00 B3 Debris Removal from Dredging TON 1 $1,500.00 $1,500.00 Template B4 Pipeline Management LS 1 $30,000.00 $30,000.00 B5 Pipeline Dredging(Reach 2) CY 2000 $26.00 $52,000.00 Subtotal: $100,500.00 Part C-Additive Alternate No.2 No. Description Unit Qty Unit Price Ext Price C1 Environmental Monitoring During LS 1 $70,000.00 $70,000.00 Construction Subtotal: $70,000.00 Part D-Additive Alternate No.3 No. Description Unit Qty Unit Price Ext Price D1 Construction Surveys LS 1 $1.00 $1.00 D2 Pre-Dredge Hazard Survey LS 1 $1.00 $1.00 D3 Debris Removal from Dredging TON 1 $1,500.00 $1,500.00 Template D4 Pipeline Dredging(Reach 1) CY 10000 $19.00 $190,000.00 Subtotal: $191,502.00 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF CONTRACT DOCUMENTS FOR CONSTRUCTION OF PACKERY CHANNEL DREDGING AND BEACH NOURISHMENT 19046A COWPOR 185,2 HDR Engineering, Inc. 555 N. Carancahua St., Suite 1600, Corpus Christi, TX 78401, 361-696-3300 Record Drawing Number BAF-264 - .EI . '� 86936 ; CONFORMED SET ISSUED FOR CONSTRUCTION DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 000100 TABLE OF CONTENTS Division/Section Title Division 00 Contracting Requirements 00 52 23 Agreement (Rev8-2019) 00 72 00 General Conditions(Rev6-2021) 00 73 00 Supplementary Conditions(Rev4-2022) Division 01 General Requirements 011100 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(Rev8-2019) 01 57 00 Temporary Controls,..(Rev 8-2019) Part S Standard Specifications Division 02 Site Work 02 24 20 Silt Fence 02 58 02 Temporary Traffic Controls During Construction Part T Technical Specifications Division 35 Waterway and Marine Construction 35 00 01 Construction Surveying 35 16 60 Environmental Protection Measures 35 24 00 Dredging 35 33 00 Beach Nourishment 35 48 30 Protection of Sea Turtles Appendix Title 1 U.S Army Corps of Engineers Permit 2 Boring Logs 3 Side Scan Sonar Survey 4 NOAA/NMFS Sea Turtle and Smalltooth Sawfish Construction Conditions END OF SECTION Table of Contents 000100- 1 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 1/2023 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID:CDFF3BFF-1458-467D-9F46-OFE09A6125DF DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF s C! �s G 1859, 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: Packery Channel Dredging and Beach Nourishment Proiect No. 19046A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: HDR Engineering, Inc. 555 N. Carancahua,Ste 1600 Corpus Christi,TX 78401 Daniel.Heilman@hdrinc.com Note to Specifier: City will complete paragraph 2.02 upon award of contract. 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd. 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 120 (plus additional 15 calendar days if Additive Alternative No. 1 is awarded) days after the date when the Contract Times Agreement 005223- 1 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones,and the dates for completion of each,are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof,Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $2,000 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ Agreement 005223-2 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option,retainage may be increased to a higher percentage rate,not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement 005223-3 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Agreement 005223-4 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers,memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. 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. List as necessary. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Michael Rodriguez City Secretary Chief of Staff AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President Vice President Chief Executive Officer, or Chief Financial Officer Address City State Zip Phone Fax Entail END OF SECTION Agreement 005223-6 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 30.21 Notices. .................................................................................................................................131 General Conditions 007200-9 Corpus Christi Standards Rev 6/2021 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi,Texas HDR Engineering, Inc. Naismith Marine Services/T. Baker Smith, Inc. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 14 rain days have been set for this Project. An extension of time due to rain days will be considered only after 14 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule Supplementary Conditions 007300- 1 Packery Channel Dredging and Beach Nourishment(Project No. 19064A) Rev 4/2022 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Soil sample data forthe beach nourishment area were obtained in 2011 by Rosengarten, Smith &Associates, Inc., and are provided in Appendix 2 of the specifications. 2. Soil sample data for channel dredging were obtained in 2019 by Benchmark Ecological Services, Inc., and are provided in Appendix 2 of the specifications. 3. Side scan sonar data obtained in September 2017 by Naismith Marine Services, Inc. for the City of Corpus Christi are provided Appendix 3 of the specifications. SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner or Engineer. ARTICLE 6—BONDS AND INSURANCE SC-6.03 REQUIRED MINIMUM INSURANCE COVERAGE INSURANCE REQUIREMENTS CONTRACTOR'S INSURANCE AMOUNTS Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non- $1,000,000 Combined Single Limit Owned, Rented and Leased Supplementary Conditions 007300-2 Packery Channel Dredging and Beach Nourishment(Project No. 19064A) Rev 4/2022 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability / $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental x❑ Required ❑ 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 IN Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required IN Not Required U.S. Longshore and Harbor Workers' Statutory amount in compliance with the Insurance United States Longshore and Harbor Workers'Act. Maritime Employers Liability Insurance Any employees who may fall under the Death on High Seas Act, Jones Act, or any other federal or state acts relating to maritime employment shall be covered by Maritime Employers Liability Insurance of not less than $500,000.00. Such coverage shall include but not be limited to transportation, wages, maintenance, and cure, as well as any other liabilities arising under such maritime employment. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.02 LABOR; WORKING HOURS A. Excluding legal holidays, perform Work at the Site 24 hours per day, 7 days per week except as otherwise required for the safety or protection of person or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. Do not perform work on a legal holiday without OAR's consent. SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: Supplementary Conditions 007300-3 Packery Channel Dredging and Beach Nourishment(Project No. 19064A) Rev 4/2022 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS SC-14.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Determination Construction Type Project Type (WD) No TX21 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) TXS1 Heavy Dredging Dredging projects along the Texas gulf coast area including all public channels, harbors, rivers, tributaries and the Gulf Intracoastal Waterways. "General Decision Number: TX20230021 01/06/2023 Superseded General Decision Number: TX20220021 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) . JIf 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 lrenewed 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 $16.20 per hour (or 1 1 1 the applicable wage rate 1 1 1 listed on this wage 1 1 1 determination, if it is 1 1 1 higher) for all hours 1 1 1 spent performing on the 1 Supplementary Conditions 007300-4 Packery Channel Dredging and Beach Nourishment(Project No. 19064A) Rev 4/2022 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 1 contract in 2023. 1 JIf 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 1 contract. 1 lcontract is not renewed or 1 The contractor must pay alll lextended on or after January l covered workers at least 1 130, 2022: 1 $12.15 per hour (or the 1 1 1 applicable wage rate listedl 1 1 on this wage determination, ) 1 1 if it is higher) for all 1 1 1 hours spent performing on 1 1 1 that contract in 2023. 1 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2023 SUTX1987-001 12/01/1987 Rates Fringes CARPENTER (Excluding Form Setting) . . . . . . . . . . . . . . . . . . . . . . . . .$ 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. ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 Supplementary Conditions 007300-5 Packery Channel Dredging and Beach Nourishment(Project No. 19064A) Rev 4/2022 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF ($12.15) . 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 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 Supplementary Conditions 007300-6 Packery Channel Dredging and Beach Nourishment(Project No. 19O64A) Rev 4/2022 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * 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 Supplementary Conditions 007300-7 Packery Channel Dredging and Beach Nourishment(Project No. 19064A) Rev 4/2022 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- END OF GENERAL DECISION" ARTICLE 19—PROJECT MANAGEMENT AND COORDINATION SC-19.21 COOPERATION WITH PUBLIC AGENCIES Note to Specifier: The information in the table below should be reviewed and updated as necessary for each proiect. C. For the Contractor's convenience, the following telephone numbers are listed: Supplementary Conditions 007300-8 Packery Channel Dredging and Beach Nourishment(Project No. 19064A) Rev 4/2022 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF Public Agencies/Contacts Phone Number City Engineer 361-826-3500 Design Firm: HDR Engineering, Inc. 361-696-3300 Designer's name: Daniel J. Heilman, P.E. 361-696-3344 Traffic Engineering 361-826-3547 Police Department 361-882-2600 361-826-1800 (361-826-1818 after Water/Wastewater/Stormwater hours) Gas Department 361-885-6900 (361-885-6942 after hours) Parks& Recreation Department 361-826-3461 Street Department 361-826-1875 City Street Div.for Traffic Signals 361-826-1610 Solid Waste & Brush 361-826-1973 IT Department (City Fiber) 361-826-1956 AEP 1-877-373-4858 AT&T 361-881-2511 (1-800-824-4424 after hours) Grande Communications 1-866-247-2633 Spectrum Communications 1-800-892-4357 Crown Castle Communications 1-888-632-0931 (Network Operations Center) 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 23—MINORITY/MBD/DBE PARTICIPATION POLICY SC-23.03 Goals A. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction Work for the Contract award shall be 1. Minority participation goal for this Project has been established to be 4%. 2. Minority Business Enterprise participation goal for this Project has been established to be 15%. Supplementary Conditions 007300-9 Packery Channel Dredging and Beach Nourishment(Project No. 19064A) Rev 4/2022 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 3. Disadvantaged Business Enterprise participation goal for this Project has been established to be 6%. ARTICLE 25—SHOP DRAWINGS SC-25.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description NONE NONE NONE NONE NONE NONE 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: Note to Specifier: Insert the rates that will be charged for excessive review of Shop Drawings. ARTICLE 26—RECORD DATA SC-26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description 35 00 01 Construction Surveying Drawings and Data 35 00 01 Pre-Dredge Hazard Survey Drawings and Data 35 00 01 Aerial Photography SC-30.21 Notices. B. Strict compliance is required for all notice provisions in this Contract. END OF SECTION Supplementary Conditions 007300- 10 Packery Channel Dredging and Beach Nourishment(Project No. 19064A) Rev 4/2022 DocuSign Envelope ID:CDFF3BFF-1458-467D-9F46-OFE09A6125DF DIVISION 01 GENERAL REQUIREMENTS DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 011100 SUMMARY OF WORK 1.00 GENERAL 1.01 WORK INCLUDED A. Construct Work as described in the Contract Documents. 1. Provide the materials, equipment, and incidentals required to make the Project completely and fully useable. 2. Provide the labor, equipment, tools, and consumable supplies required for a complete Project. 3. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OAR. 1.02 DESCRIPTION OF WORK A. Work is described in general, non-inclusive terms as: 1. The project includes hydraulic dredging from Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel. Approximately 270,000 cubic yards of sandy maintenance material will be excavated from the channel to reestablish required depths.The material will be transported approximately 1.5 miles via pipeline to the Gulf shoreline of North Padre Island for placement along approximately 3,700 linear feet of beach south of the Packery Channel jetties.The sand will be placed and graded within a specified template to widen the Gulf beach. Overall work includes mobilization/demobilization, pre-dredge hazard surveying of the channel to identify uncharted pipelines or obstructions, debris removal, dredging and placement of sand on the public beach, observing/protecting endangered species during the work, multiple hydrographic and topographic surveys for measurement, payment substantiation, and work acceptance purposes, aerial photography, and all other subsidiary work. 1.03 WORK UNDER OTHER CONTRACTS A. The following items of work are not included in this Contract, but may impact construction scheduling and completion: 1. None. B. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents, the Contractor is to base his Proposal on the most expensive listing. C. Completion of the Work described in this Contract may impact the construction and testing of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. Summary of Work 011100- 1 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 10/2018 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 1.04 WORK BY OWNER A. The Owner plans to perform the following items of work which are not included in this Contract, but may impact the construction scheduling and completion: 1. None. B. Completion of the Work described in this Contract may impact the construction of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. C. Owner will provide normal operation and maintenance of the existing facilities during construction, unless otherwise stated. 1.05 CONSTRUCTION OF UTILITIES A. Pay for temporary power, including but not limited to construction cost, meter connection fees, and permits. 1.06 USE PRIOR TO FINAL COMPLETION A. Owner has the right to use or operate any portion of the Project that is ready for use after notifying the Contractor of its intent to do so. B. The execution of Bonds is understood to indicate the consent of the surety to these provisions for use of the Project. C. Provide an endorsement from the insurance carrier permitting use of Project during the remaining period of construction. D. Conduct operations to insure the least inconvenience to the Owner and general public. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Summary of Work 011100-2 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 10/2018 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. Alternates: 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate,and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option of the Owner. 5. Owner may incorporate these alternates in the Contract when executed, or may issue a Change Order to incorporate these alternates within 120 days at the prices offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days or other designated time period to negotiate a new price for incorporating the Work into the Project. B. The Lump Sum Bid Items described as "Allowances" have been set as noted in Section 00 30 01 Bid Form and shall be included in the Total Base Bid of the Bid Form for each Bidder. These Allowances may be used at the Owner's discretion in the event that unforeseen conditions or conflicts are encountered during construction that warrants the use of the Allowance funds. If the use of Allowance funds becomes necessary, the OAR will provide written authorization at a cost negotiated between Owner and Contractor, using unit prices in the Bid Form when applicable. No work is to be performed under the Allowance items without written authorization from the OAR. There is no guarantee that any of these funds will need to be used during the course of the Work. 1.02 DOCUMENT SUBMITTALS A. Provide documents for materials furnished as part of the alternate in accordance with Article 24 of SECTION 00 72 00 GENERAL CONDITIONS. 1.03 DESCRIPTION OF ALTERNATES NOT IN CONTRACT dditive Alternate No. 1—Dredging Reach 2: 1. Cons on Surveys (Bid Item B-1) 2. Pre-Dredge Hazar ey(Bid It - 3. Debris Removal fro ging ate in Reach 2 (Bid Item B-3) 4. Dred i eline Management in Reach 2 (Bid -4) Pipeline Dredging in Reach 2 (Bid Item B-5) Alternates and Allowances 012310-1 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 5/2020 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF NOT IN CONTRACT dditive Alternate No. 2—Environmental Monitoring: 1. En mental Monitoring During Construction (B' m C-1) C. Additive Alternate . —Additional Dred each 1 1. Construction Surveys (Bid D-1) 2. Pre-Dredge H Survey(Bid Item D- 3. D emoval from Dredging Template (Bid Item 4. Pipeline Dredging Reach 1 Bid Item D-4 1.04 DESCRIPTION OF ALLOWANCES A. Allowance A—Allowance for Additional Work(Bid Item A-10) 1. The sum of$100,000 to be used for the purchase of unanticipated additional work. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Alternates and Allowances 012310-2 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 5/2020 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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 15%): 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. Environmental training for field personnel; f. Endangered species beach signage during construction; g. Temporary traffic control (including signage) during construction; Measurement and Basis for Payment 012901- 1 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 5/2020 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF h. Installation, maintenance,and removal of temporary silt fence and other sediment and turbidity control measures. i. Demobilization; and j. Mobilization may not exceed 15 percent of the total Contract Price. 2. Measurement for payment will be made per lump sum on the following basis: When at least 15% 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. Measurement for payment will be made on a lump sum basis. 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 project specific unique insurance as required and obtained specifically for this Project, not including the routine and general company insurance policies that are maintained for the course of conducting normal business operations. Contractor will be reimbursed for the actual cost of Project specific bonds and insurance, not to exceed the bid amount or the verifiable costs of Project specific bonds and insurance incurred by the Contractor. C. Bid Items A-3, B-1, and D-1—Construction Surveys: 1. Topographic, bathymetric, and side-scan sonar surveying shall be performed as described in Specification Section 35 00 01. 2. Side-scan sonar surveys and multibeam surveys under SH361 bridge shall be performed as part of the Base Bid work. 3. Measuring for payment is on a lump sum basis. Payment will be based on the earned value of Work completed. D. Bid Items A-4, B-2, and D-2— Pre-Dredge Hazard Survey: 1. Pre-dredge hazard survey shall be performed as described in Specification Section 35 00 01. 2. Measuring for payment is on a lump sum basis. Payment will be based on the earned value of Work completed. E. Bid Item A-5—Aerial Photography 1. Aerial photography shall be performed as described in Specification Section 35 00 01. 2. Measuring for payment is on a lump sum basis. Payment will be based on the earned value of Work completed. Measurement and Basis for Payment 01 29 01-2 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 5/2020 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF F. Bid Item A-6—Storm Water Pollution Prevention 1. Payment shall include but not be limited to furnishing and submitting the SWPPP to TCEQ and Owner and updating the Plan during the Project as needed. All permits and required fees related to the SWPPP shall be included in this item. 2. Measurement for payment will be made per lump sum on the following basis: The initial pay application will include 50%of the lump sum bid amount minus retainage. The balance will be paid according to the percent of construction completion after 50%completion has occurred, minus retainage. G. Bid Items A-7, B-3, and D-3—Debris Removal from Dredging Template: 1. Contractor shall remove and dispose of submerged items from the specified dredging template within Reach 1 (Bid Items A-7 and D-3) and Reach 2 (Bid Item B-3) of the channel as shown on the Drawings and as otherwise encountered during active dredging. Unit price is for removed and disposed items and indicates all costs of labor, profit, overhead, and subsidiary costs. 2. Measuring for payment is on a unit price basis, with the number of pay units equaling the actual weight of submerged items removed and disposed. Payment will be made based on the earned value of Work completed. 3. If submerged item is not discovered at location indicated on drawings, no debris removal work is required at that location and the associated cost for that item shall be deducted from Contract Price for Debris Removal from Dredging Template. Cost deduction to Owner shall be based on the unit price stated on Contractor's Bid Form. 4. Measurement for Debris Removal shall be per short ton of 2,000 pounds based on the Contractor's submittal of either Certified Barge Displacement Tickets or Certified Weight Tickets for debris actually removed. Sediment shall not be included in the debris weight. Unless prior approval is obtained from OAR, weights or less than 5 tons shall not be measured through barge displacement; only certified weight tickets will be accepted. 5. Debris removed from outside of the specified dredging template shall not be included for payment. 6. Measurement for Debris Transported by Rail or Truck a. Measure the debris in tons(2,000 pounds). Certified railroad or truck weight scale tickets will be accepted for determination of the weight of debris. Have the debris weighed on standard railroad track scales by a certified Weighmaster. A copy of the Weight Scale Certification from the regulation agency attesting to the scale's accuracy shall be submitted with the weigh scale tickets. Contractor shall have the scales tested in the presence of Owner at any time requested by OAR. b. The original Certified Weight Scale Tickets or a certified copy prepared in ink or indelible pencil shall be furnished to Owner promptly after a car or truck is weighed. The report of weight for each carload or truckload shall show the gross, tare, and net weights, and measures or changes on a report shall be explained by a memorandum made on, or attached to,the report and be signed by the Weighmaster. If deemed advisable, Owner will employ an inspector at the scales, in which event, necessary facilities shall be furnished for the inspector for observing the weighing and for recording the scale weights and stenciled light Measurement and Basis for Payment 01 29 01-3 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 5/2020 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF weights on the cars or trucks. Expense of weighing debris and testing scales shall be borne by Contractor. Other methods of measurement may be used when approved by OAR. C. Net Weight of Debris.The weight of sideboards, stakes, and skips, if any,will be determined by actual weighing or by estimates, mutually agreed upon by OAR and Contractor, and the weights so determined,together with the tare weight of the car or truck, shall be deducted from the gross weight to determine the net weight of debris. 7. Measurement for Debris Transported by Barge a. If transported by barge, debris will be measured for payment by the Owner by weight determined by barge displacement.All measurements for determining gauging tables and for calculating loads are to be made in still water close to the work site.The gauging table shall be based upon 62.4 Ib/cf in fresh water and 64 Ib/cf in salt water. b. Furnish Owner a barge displacement table not less than 10 work days prior to loading the debris onto any barge. Each table submitted shall show the name and/or number of the barge owner,the name of the fabricator, and the certification and date of certification of the person or firm preparing the table. C. Furnish with the barge displacement tables a drawing or sketch of each barge, dimensioned in sufficient detail to permit checking of the tables.The drawings shall show, as a minimum,the length, width, depth of the barge, and dimensions of the rake or rakes. d. Each such table shall have its accuracy certified by a person or firm, other than the Contractor, customarily performing this service. Each table submitted shall contain, in parallel columns, the freeboard of the barge in feet and tenths from zero to the full depth of the barge and the corresponding gross displacement to the nearest ton. e. Each barge shall be suitably marked with three displacement gaging locations on each side near each end of the barge and two amidships on opposite sides. Each gaging location shall be marked by a line perpendicular to the edge of the barge, 4 inches wide and 1 foot long, on both the deck and side of the barge and two amid ship on opposite sides. f. Barges with rakes shall have the displacement gaging lines placed at each corner of the box section between the rakes. If a barge has a box end or ends, the gaging locations shall be placed approximately 4 feet from the box end(s). The freeboard will be measured at the six gaging locations and the displacement determined by the use of a barge/vessel displacement table from the average of these measurements.The displacement will be determined before and after being unloaded and the difference between these values shall be the debris quantity. g. Submit the Gaging Table Data, debris hauling vessel, gaging tables and a copy of the data and calculations used for the preparation of the tables. Barges shall be loaded so that the readings taken at the gaging locations do not vary more than 1.5 feet port to starboard fore and aft and do not vary more than 0.5 feet port to Measurement and Basis for Payment 012901-4 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 5/2020 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF starboard. If such is not the case, trim the carrier by shifting the debris until this limit is reached, before the measurement will be accepted. The draft shall be determined from the average of all six readings weighting the readings of the middle gage at double those of the end gages. (G1+G2+ 2xG3+2xG4+Gs+GO divided by 8 = average draft. h. Facilities for inspecting the hold of each carrier to determine whether leakage is occurring shall be provided. Each carrier shall also be provided with adequate pumping facilities, and if water is found to be accumulating in the hold,the carrier shall be pumped dry before each gaging, both before and after loading. Lightening by pumping or by transfer of crew or supplies will not be permitted while debris is being transferred. H. Bid Items A-8 and B-4—Pipeline Management: 1. Payment for Pipeline Management (Bid Item A-8 and B-4) will be made on a lump-sum basis for costs associated with laying, relocating, removing,and handling shore pipelines from the dredge to the beach nourishment area. 2. This pay item shall include procurement of materials and construction of ramps which may be necessary for maintaining emergency vehicle and public access and laying the shore pipes; maintenance of pipeline during construction; preventing ponding landward of pipe; final cleanup of pipeline routes; and any other related work. I. Bid Items A-9, B-5, and D-4—Pipeline Dredging: 1. The cost for pipeline dredging (Bid Items A-9, B-5, and D-4) includes removal of all dredged material above the channel required depth from within the limits of work specified on the Drawings.All dredged material shall be placed as beach nourishment as specified in Section 35 33 00, "Beach Nourishment," and as shown on the Drawings. Grading the beach, removal and disposal of unsatisfactory dredged material placed on the beach, and other work required for beach fill placement and distribution shall be considered subsidiary to Pipeline Dredging. 2. All quantities of Work stated on the Proposal Form are nominal estimates, computed by Engineer, based on the Contract Documents. Contractor shall verify these quantities by preparing his own estimates. In any case, prices stated shall reflect all Work required by the Contract Documents. 3. Dredging(Bid Items A-9, B-5, and D-4) quantities(volumes) shall be measured in cubic yards using the "average end area" method based on Before Dredging (BD) and After Dredging(AD) surveys of the cut area at the transect locations specified in Section 35 00 01, "Construction Surveying."Volume deductions shall be made for any irregular features located between survey stations that may cause the cross-sectional area to decrease between surveyed transects. Contractor shall provide surveys and supporting quantity computations to substantiate payment requisitions. 4. Acceptance and payment of Dredging may be requested for Work completed in Dredging Sections as defined in Section 35 24 00, "Dredging," paragraph 3.10. 5. Regardless of actual measured quantities,total payment for Dredging (Bid Items A-9, B-5, and D-4) shall not exceed the associated Extended Price shown on the Proposal Form without an Owner-initiated Change Order. Measurement and Basis for Payment 012901-5 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 5/2020 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 6. Surveys may also be used for deductive quantity computations resulting from excessive dredging(refer to specification Section 35 24 00, "Dredging," paragraph 3.10, Q. 7. No payment will be made for work performed outside the specified side and end slopes and/or allowable overdepth limits. J. Bid Item A-10—Allowance for Additional Work: 1. Contractor shall perform additional work as authorized by OAR in writing. Additional work may consist of additional dredging within Reach 1 or 2, additional debris removal from the dredging template, and/or removal of rocks or other debris from the beach nourishment area. 2. Measuring for payment is on a lump sum or unit price basis depending on the elements of work to which the allowance is applied. Measurement for progress payments will be made based on the earned value of Work completed. K. Bid Item C-1—Environmental Monitoring During Construction: 1. For beach nourishment work performed during turtle nesting season from March 15 through October 1, Contractor shall provide a full-time environmental monitor in accordance with specification Section 35 48 39, "Protection of Sea Turtles." 2. Payment for Environmental Monitoring During Construction (Bid Item C-1)will be made on a lump-sum basis. L. Other Bid Items 1. The basis of measurement and payment for other Bid Items shall be as described in the applicable Specification Sections, Construction Drawings and/or SECTION 00 30 01 BID FORM. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment 01 29 01-6 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 5/2020 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 0133 01 Submittal Register 01 35 00 Plan of Action for Shutting Down Critical Services 1.02 01 57 00 Storm Water Pollution Prevention Plan 1.01 02 58 02 Traffic Control Plan 3.0 35 00 01 Name of Registered Professional Land Surveyor 1.05,A 35 00 01 Surveying Plan 1.05,B 35 00 01 Daily Activities Reports 1.05,D 35 00 01 Survey Submittal Log 3.03,C 35 00 01 Pre-Dredge Hazard Survey 3.05 35 00 01 Channel Dredging Surveys and Quantity Computations 3.07 35 00 01 Beach Nourishment Surveys 3.08 35 00 01 Aerial Photography 3.09 35 24 00 Construction Plan 1.04,D 35 24 00 Vessel Control Plan 3.03,B.2 35 24 00 Spill Contingency Plan 3.12 35 24 00 Logs/Recors as may be required by USACE Appendix 1 35 48 30 Credentials for environmental monitor 3.01,A.2 Submittal Register 01 33 01-1 Packery Channel Dredging and Beach Nourishment(Project No.19046A) 10/2018 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 01 35 00 SPECIAL PROCEDURES 1.00 GENERAL Note to Specifier: The "Construction Sequence" paragraph below is optional. 1.01 CONSTRUCTION SEQUENCE A. Perform the Work as required to complete the entire Project within the Contract Times and in the sequence stipulated below: 1. Pre-Dredge Hazard Survey shall be performed prior to any dredging as specified in Section 35 00 01, "Construction Surveying." 2. Construction surveys shall be completed in the sequence specified in Section 35 00 01, "Construction Surveying." 3. All dredging from Station 198+10 to 188+00 shall be completed prior to commencement of dredging at any other locations. Dredging may be performed in an adjacent section of channel when rough sea conditions prevent dredging between Station 198+10 and 188+00. However, Contractor shall immediately resume dredging between Station 198+10 and 188+00 once rough sea conditions have passed. 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 S. Other designated functions. B. Describe the following in the plan of action: 1. Scheduled dates and sequence for construction; 2. Work to be performed; 3. Utilities, piping, or services affected; 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; Special Procedures 013500-1 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 10/2018 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 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. 1.03 CRITICAL OPERATIONS A. Not Applicable. 1.04 OWNER ASSISTANCE A. Not Applicable. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Special Procedures 013500-2 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 10/2018 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 01 50 00 TEMPORARY FACILITIES AND CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide temporary facilities, including OPT's field office and the Contractor's field offices, storage sheds, and temporary utilities needed to complete the Work. B. Install and maintain temporary Project identification signs. Provide temporary on-site informational signs to identify key elements of the construction facilities. Do not allow other signs to be displayed. 1.02 QUALITY ASSURANCE A. Provide a total electrical heating and cooling system for the OPT's field office capable of maintaining the following conditions: 1. Heating: Minimum 75 degrees ID temp at 10 degrees ambient. 2. Cooling: Minimum 75 degrees ID temp at 105 degrees ambient. 3. Relative humidity: 48 to 54 percent. B. Inspect and test each service before placing temporary utilities in use. Arrange for all required inspections and tests by regulatory agencies, and obtain required certifications and permits for use. 1.03 DELIVERY AND STORAGE A. Arrange transportation, loading, and handling of temporary buildings and sheds. 1.04 JOB CONDITIONS A. Locate buildings and sheds at the Site as indicated or as approved by the OPT. B. Prepare the Site by removing trees, brush, or debris and performing demolition or grubbing needed to clear a space adequate for the structures. C. Pay for the utilities used by temporary facilities during construction. D. Provide each temporary service and facility ready for use at each location when the service or facility is first needed to avoid delay in the performance of the Work. Provide OPT's field office complete and ready for occupancy and use within 7 days of the Notice to Proceed. E. Maintain, expand as required, and modify temporary services and facilities as needed throughout the progress of the Work. F. Remove services and facilities when approved by the OAR. G. Operate temporary facilities in a safe and efficient manner. 1. Restrict loads on temporary services or facilities to within their designed or designated capacities. 2. Provide sanitary conditions. Prevent public nuisance or hazardous conditions from developing or existing at the Site. Temporary Facilities and Controls 015000- 1 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 3. Prevent freezing of pipes,flooding, or the contamination of water. 4. Maintain Site security and protection of the facilities. 1.05 OPTIONS A. Construction offices may be prefabricated buildings on skids or mobile trailers. B. Storage sheds may be prefabricated buildings on skids or truck trailers. 2.00 PRODUCTS 2.01 TEMPORARY FIELD OFFICES (FIELD OFFICE NOT REQUIRED) A. The Contractor must furnish the OPT with a field office at the Site. The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30 inches by 60 inches and two chairs. The Contractor shall move the field office on the Site as required by the OAR. There is no separate pay item for the field office. B. Furnish a field office of adequate size for Contractor's use. Provide conference room space for a minimum of 10 people. C. Other trades may provide their own offices only when space is available at the Site, and the OPT agrees to its size, condition, and location. D. No monthly partial payments will be processed until OPT's field office facilities are completed and approved. 2.02 TEMPORARY STORAGE BUILDINGS A. Furnish storage buildings of adequate size to store any materials or equipment delivered to the Site that might be affected by weather. 2.03 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities at the Site from the commencement of the Project until Project conclusion. Maintain these facilities in a clean and sanitary condition at all times, and comply with the requirements of the local health authority. On large sites, provide portable toilets at such locations that no point in the Site shall be more than 600 feet from a toilet. B. Use these sanitary facilities. Do not use restrooms within existing or Owner-occupied buildings. 2.04 TEMPORARY HEAT A. Provide heating devices needed to protect buildings during construction. Provide fuel needed to operate the heating devices and attend the heating devices at all times they are in operation, including overnight operations. Temporary Facilities and Controls 015000-2 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 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. Not Applicable. 3.00 EXECUTION 3.01 LOCATION OF TEMPORARY FACILITIES A. Locate temporary facilities in areas approved by the OAR. Construct and install signs at locations approved by the OAR. Install informational signs so they are clearly visible. 3.02 PROJECT IDENTIFICATION AND SIGNS A. The Owner will furnish two Project signs to be installed by the Contractor. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the OAR. 3.03 TEMPORARY LIGHTING A. Provide temporary lighting inside buildings once buildings are weatherproof. B. Provide lighting that is adequate to perform Work within any space. Temporary lights may be removed once the permanent lighting is in service. C. Provide portable flood lights at any time that Work will be performed outside the structure at night. Provide adequate lighting at any location Work is being performed. 3.04 DRINKING WATER A. Provide all field offices with potable water. Provide a dispenser and cooling apparatus if bottled drinking water is provided. B. Pay for water services and maintain daily. Temporary Facilities and Controls 015000-3 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 3.05 CONSTRUCTION FENCE A. Install and maintain a construction fence around the Site and off-site storage yards. Fence must be a minimum 6 feet high chain link construction unless shown otherwise. Provide gates with padlocks. 3.06 REMOVAL OF TEMPORARY FACILITIES A. Remove temporary buildings, sheds, and utilities at the conclusion of the Project and restore the Site to original condition or finished in accordance with the Drawings. B. Remove informational signs upon completion of construction. C. Remove Project identification signs, framing, supports, and foundations upon completion of the Project. 3.07 MAINTENANCE AND JANITORIAL SERVICE A. Provide janitorial service (sweeping/mopping) for the OPT's field office on a weekly basis or as requested. Empty trash receptacles daily or as needed. B. Maintain signs and supports in a neat, clean condition. Repair damage to structures, framings, or signs. C. Repair any damage to Work caused by placement or removal of temporary signage. D. Service, maintain, and replace, if necessary, the OPT's field office computer equipment throughout the Project as required by the OPT including replacement cartridges for all office equipment. END OF SECTION Temporary Facilities and Controls 015000-4 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 01 57 00 TEMPORARY CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide labor, materials, equipment, and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. B. Construct temporary impounding works, channels, diversions, furnishing and operation of pumps, installing piping and fittings, and other construction for control of conditions at the Site. Remove temporary controls at the end of the Project. C. Provide a Storm Water Pollution Prevention Plan (SWPPP) as required by Texas Pollutant Discharge Elimination System (TPDES) General Permit No. TXR150000 for stormwater discharges from construction activities as applicable to the nature and size of the Project. Comply with all requirements of the Texas Commission on Environmental Quality(TCEQ) and Laws and Regulations. File required legal notices and obtain required permits prior to beginning any construction activity. D. Provide labor, materials, equipment, and incidentals necessary to prevent stormwater pollution for the duration of the Project. Provide and maintain erosion and sediment control structures as required to preventive sediment and other pollutants from the Site from entering any stormwater system including open channels. Remove pollution control structures when no longer required to prevent stormwater pollution. 1.02 QUALITY ASSURANCE A. Construct and maintain temporary controls with adequate workmanship using durable materials to provide effective environmental management systems meeting the requirements of the Contract Documents and Laws and Regulations. Use materials that require minimal maintenance to prevent disruption of construction activities while providing adequate protection of the environment. B. Periodically inspect systems to determine that they are meeting the requirements of the Contract Documents. 1.03 DOCUMENT SUBMITTAL A. Provide documents requiring approval by the OPT as Shop Drawings in accordance with Article 25 of SECTION 00 72 00 GENERAL CONDITIONS. B. Provide copies of notices, records, and reports required by the Contract Documents or Laws and Regulations as Record Data in accordance with Article 26 of SECTION 00 72 00 GENERAL CONDITIONS. 1.04 STANDARDS A. Provide a SWPPP that complies with all requirements of TPDES General Permit No. TXR150000 and any other applicable Laws and Regulations. Temporary Controls 015700- 1 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF B. Perform Work to comply with the City of Corpus Christi Code of Ordinances, Part III, Chapter 14, Article X - titled "STORM WATER QUALITY MANAGEMENT PLANS" and any other applicable Laws and Regulations. 1.05 PERMITS A. As applicable, submit the following to the TCEQ and the Operator of any Municipal Separate Storm Sewer System (MS4) receiving stormwater discharges from the Site: 1. Notice of Intent (NOI) at least 48 hours prior to beginning construction activity. Construction activity may commence 24 hours after the submittal of an electronic NOI. 2. Notice of Change (NOC) letter when relevant facts or incorrect information was submitted in the NOI, or if relevant information in the NOI changes during the course of construction activity. 3. Notice of Termination (NOT) when the construction Project has been completed and stabilized. B. Post a copy of the NOI at the Site in a location where it is readily available for viewing by the general public and as required by Laws and Regulations prior to starting construction activities and maintain the posting until completion of the construction activities. C. Maintain copies of a schedule of major construction activities, inspection reports, and revision documentation with the SWPPP. 1.06 STORMWATER POLLUTION CONTROL A. Comply with the current requirements of TPDES General Permit No.TXR150000 as set forth by the TCEQ for the duration of the Project as applicable to the nature of the work and the total disturbed area: 1. Develop a SWPPP meeting all requirements of the TPDES General Permit. 2. Submit of a Notice of Intent to the TCEQ. 3. Develop and implement appropriate Best Management Practices as established by local agencies of jurisdiction. 4. Provide all monitoring and/or sampling required for reporting to the TCEQ. 5. Submit reports to the TCEQ as required as a condition of the TPDES General Permit. 6. Submit copies of the reports to the Designer as Record Data in accordance with Article 26 of SECTION 00 72 00 GENERAL CONDITIONS. 7. Retain copies of these documents at the Site at all times for review and inspection by the OPT or regulatory agencies. Post a copy of the permit as required by Laws and Regulations. 8. Assume sole responsibility for implementing, updating, and modifying the TPDES General Permit per Laws and Regulations for the SWPPP and Best Management Practices. B. Use forms required by the TCEQ to file the Notice of Intent. Submit the Notice of Intent at least 2 days prior to the start of construction. Develop the SWPPP prior to submitting the Temporary Controls 015700-2 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF Notice of Intent. Provide draft copies of the Notice of Intent,SWPPP,and any other pertinent TCEQ submittal documents to Owner for review prior to submittal to the TCEQ. C. Return any property disturbed by construction activities to either specified conditions or pre- construction conditions as set forth in the Contract Documents. Provide an overall erosion and sedimentation control system that will protect all undisturbed areas and soil stockpiles/spoil areas. Implement appropriate Best Management Practices and techniques to control erosion and sedimentation and maintain these practices and techniques in effective operating condition during construction. Permanently stabilize exposed soil and fill as soon as practical during the Work. D. Assume sole responsibility for the means, methods, techniques, sequences, and procedures for furnishing, installing, and maintaining erosion and sedimentation control structures and procedures and overall compliance with the TPDES General Permit. Modify the system as required to effectively control erosion and sediment. E. Retain copies of reports required by the TPDES General Permit for 3 years from date of Final Completion. 1.07 POLLUTION CONTROL A. Prevent the contamination of soil, water, or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air-borne pollutants. Prevent dispersal of pollutants into the atmosphere. Do not dump or otherwise discharge noxious or harmful fluids into drains or sewers, nor allow noxious liquids to contaminate public waterways in any manner. B. Provide equipment and personnel and perform emergency measures necessary to contain any spillage. 1. Contain chemicals in protective areas and do not dump on soil. Dispose of such materials at off-site locations in an acceptable manner. 2. Excavate contaminated soil and dispose at an off-site location if contamination of the soil does occur. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil. 3. Provide documentation to the Owner which states the nature and strength of the contaminant, method of disposal, and the location of the disposal site. 4. Comply with Laws and Regulations regarding the disposal of pollutants. C. Groundwater or run-off water which has come into contact with noxious chemicals, sludge, or sludge-contaminated soil is considered contaminated. Contaminated water must not be allowed to enter streams or water courses, leave the Site in a non-contained form, or enter non-contaminated areas of the Site. 1. Pump contaminated water to holding ponds constructed by the Contractor for this purpose, or discharge to areas on the interior of the Site, as designated by the OAR. 2. Construct temporary earthen dikes or take other precautions and measures as required to contain the contaminated water and pump to a designated storage area. 3. Wash any equipment used for handling contaminated water or soil within contaminated areas three times with uncontaminated water prior to using such equipment in an Temporary Controls 015700-3 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF uncontaminated area. Dispose of wash water used to wash such equipment as contaminated water. 1.08 EARTH CONTROL A. Remove excess soil, spoil materials, and other earth not required for backfill at the time of generation. Control stockpiled materials to eliminate interference with Contractor and Owner's operations. B. Dispose of excess earth off the Site. Provide written approval from the property owner for soils deposited on private property. Obtain approval of the Owner if this disposal impacts the use of Site or other easements. 1.09 OZONE ADVISORY DAYS (NOT APPLICABLE) A. Do not conduct roofing, priming, or hot-mix paving operations, except for repairs, on days the City Engineer has notified Contractor that an ozone advisory is in effect. An extension of time will be allowed for each day for which priming or hot mix paving was scheduled, crews were prepared to perform this Work and the City Engineer issued ozone alert prevents this Work. Contractor will be compensated at the unit price indicated in the Bid for each day for which an extension of time was granted due to an ozone alert. 1.10 MANAGEMENT OF WATER A. Manage water resulting from rains or ground water at the Site. Maintain trenches and excavations free of water at all times. B. Lower the water table in the construction area by acceptable means if necessary to maintain a dry and workable condition at all times. Provide drains, sumps, casings, well points, and other water control devices as necessary to remove excess water. C. Provide continuous operation of water management actions. Maintain standby equipment to provide proper and continuous operation for water management. D. Ensure that water drainage does not damage adjacent property. Divert water into the same natural watercourse in which its headwaters are located, or other natural stream or waterway as approved by the Owner. Assume responsibility for the discharge of water from the Site. E. Remove the temporary construction and restore the Site in a manner acceptable to the OAR and to match surrounding material at the conclusion of the Work. 1.11 DEWATERING A. This item is considered subsidiary for all dewatering methods other than "well pointing" to the appropriate bid items as described in the Bid Form where dewatering is needed to keep the excavation dry, as approved by the Designer, and shall include all costs to provide a dry foundation for the proposed improvements. B. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. Temporary Controls 015700-4 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF C. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and/or settling prior to entering a storm water conduit or inlet. D. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharges groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream,the Packery Channel. E. Testing of groundwater quality is to be performed by the Contractor, at the Contractor's expense, prior to commencing discharge and shall be retested by the Contractor, at the Contractor's expense, a minimum of once a week. Contractor shall coordinate with the Owner on all testing. Tests will also be performed as each new area of construction is started. F. Another option for disposal of groundwater by Contractor would include pumping to the nearest wastewater system. If discharging to temporary holding tanks and trucking to a wastewater or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Designer on a case by case basis. G. Prior to pumping groundwater from a trench to the wastewater system the Contractor shall contact Wastewater Pre-treatment Coordinator at 826-1817 to obtain a "no cost" permit from the Owner's Waste Water Department. Contractor will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit overnight, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. 1.12 DISPOSAL OF CONTAMINATED GROUNDWATER (NOT APPLICABLE) A. An allowance will be included in the Bid for the unanticipated disposal of contaminated groundwater. This allowance may not be needed but is provided in case contaminated groundwater is encountered during the course of the Project and does not meet the water quality requirements for discharge into the storm water or wastewater systems. This allowance includes all materials, tools, equipment, labor, transportation, hauling, coordination, and proper disposal of the contaminated water at an approved landfill, deep water injection well, or other site as agreed to by the Designer. Suggested disposal facilities would be US Ecology(USET)in Robstown,Texas or Texas Molecular in Corpus Christi,Texas. B. The payment for this Work will be based on the Contractor's actual costs and will be negotiated. Payment will not include costs associated with routine dewatering, which is considered subsidiary to the appropriate bid items as described in Paragraph 1.11. 1.13 DISPOSAL OF HIGHLY CHLORINATED WATER A. Dispose of water used for testing, disinfection, and line flushing. Comply with Owner's requirements and Laws and Regulation regarding the disposal of contaminated water, including water with levels of chlorine,which exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. Comply with the requirements of all regulatory agencies in the disposal of all water used in the Project. Include a description and details for Temporary Controls 015700-5 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF disposal of this water in a Plan of Action per SECTION 0135 00 SPECIAL PROCEDURES. Do not use the Owner's wastewater system for disposal of contaminated water. 1.14 WINDSTORM CERTIFICATION A. All affected materials and installation shall comply with Texas Department of Insurance Requirements for windstorm resistant construction for design wind speed as required by the current version of the International Building Code (IBC). When applicable, Contractor shall be responsible for contracting with a licensed structural engineer in the State of Texas to perform all inspections and provide documentation for windstorm certification to the Texas Board of Insurance. The Contractor shall be responsible for providing all necessary design/assembly documentation for all new windows, doors, louvers, etc. to the windstorm engineer/inspectors required to conform with the requirements of the Texas Department of Insurance. 2.00 PRODUCTS 2.01 MATERIALS A. Provide materials that comply with Laws and Regulations. 3.00 EXECUTION 3.01 CONSTRUCTING, MAINTAINING AND REMOVING TEMPORARY CONTROLS A. Construct temporary controls in accordance with Laws and Regulations. B. Maintain controls in accordance with regulatory requirements where applicable, or in accordance with the requirements of the Contract Documents. C. Remove temporary controls when no longer required, but before the Project is complete. Correct any damage or pollution that occurs as the result of removing controls while they are still required. END OF SECTION Temporary Controls 015700-6 Packery Channel Dredging and Beach Nourishment(Project No. 19046A) Rev 8/2019 DocuSign Envelope ID:CDFF3BFF-1458-467D-9F46-OFE09A6125DF STANDARD SPECIFICATIONS DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF SECTION 022420 SILT FENCE 1. DESCRIPTION This specification shall govern all work necessary for providing and installing silt fencing required to control sedimentation and erosion during construction of the project. 2. MATERIAL REQUIREMENTS A. Geotextile shall meet the requirements for temporary silt fence per AASHTO M288. B. Fence Reinforcement Materials: Silt fence reinforcement shall be one of the following systems. Type 1: Self-Supported Fence- This system consists of fence posts, spaced no more than 8- 1/2 feet apart, and geotextile without net reinforcement. Fence posts shall be a minimum of 42 inches long, embedded at least one (1) foot into the ground, and constructed of either wood or steel. Soft wood posts shall be at least 3 inches in diameter or nominal 2 x 4 inches in cross section and essentially straight. Hardwood posts shall be a minimum of 1.5 x 1.5 inches in cross section. Fabric attachment may be by staples or locking plastic ties at least every 6 inches, or by sewn vertical pockets. Steel posts shall be T or L shaped with a minimum weight of 1.3 pounds per foot. Attachment shall be by pockets or by plastic ties if the posts have suitable projections. Type 2: Net-Reinforced Fence - This system consists of fence posts, spaced no more than 8-1/2 feet apart, and geotextile with an attached reinforcing net. Fence posts shall meet the requirements of Self-Supported Fence. Net reinforcement shall be galvanized welded wire mesh of at least 12.5-gauge wire with maximum opening size of 4 x 2 inches. The fabric shall be attached to the top of the net by crimping or cord at least every 2 feet, or as otherwise specified. Tyne 3: Triangular Filter Dike - This system consists of a rigid wire mesh, at least 6-gauge, formed into an equilateral triangle cross-sectional shape with sides measuring 18 inches, wrapped with geotextile silt fence fabric. The fabric shall be continuously wrapped around the dike, with a skirt extending at least 12 inches from its upslope corner. C. Packaging Requirements: Prior to installation, the fabric shall be protected from damage due to ultraviolet light and moisture by either wrappers or inside storage. 022420 Page 1 of 2 Rev.10-30-2014 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF D. Certification and Identification: Each lot or shipment shall be accompanied by a certification of conformance to this specification. The shipment must be identified by a ticket or by labels securely affixed to the fabric rolls. This ticket or label must list the following information: a. Name of manufacturer or supplier b. Brand name and style C. Manufacturer's lot number or control number d. Roll size (length and width) e. Chemical composition 3. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, silt fence shall be measured by the linear foot. Payment shall be at the bid price for the unit of measurement specified and shall be full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. Payment shall include, but not be limited to, placing, maintaining and removing the silt fence. 022420 Page 2 of 2 Rev.10-30-2014 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF SECTION 025802 TEMPORARY TRAFFIC CONTROLS DURING CONSTRUCTION 1. DESCRIPTION This specification shall govern all work required for Temporary Traffic Controls during construction. The work shall include furnishing, installing, moving, replacing, and maintaining all temporary traffic controls including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary detours, temporary striping and markers, flagger, temporary drainage pipes and structures, blue business signs, and such temporary devices as necessary to safely complete the project. 2. MATERIALS Traffic control devices shall conform to the latest edition of the "Texas Manual on Uniform Traffic Control Devices",unless indicated otherwise on the Traffic Control Plan. 3. METHODS Sufficient traffic control measures shall be used to assure a safe condition and to provide a minimum of inconvenience to motorists and pedestrians. If the Traffic Control Plan (TCP) is included in the drawings, any changes to the TCP by the Contractor shall be prepared by a Texas licensed professional engineer and submitted to the City Traffic Engineer for approval, prior to construction. If the TCP is not included in the drawings, the Contractor shall provide the TCP prepared by a Texas licensed professional engineer and submit the TCP to the City Traffic Engineer for approval,prior to construction. The Contractor is responsible for implementing and maintaining the traffic control plan and will be responsible for furnishing all traffic control devices, temporary signage and ATSSA certified flaggers. The construction methods shall be conducted to provide the least possible interference to traffic so as to permit the continuous movement of traffic in all allowable directions at all times. The Contractor shall cleanup and remove from the work area all loose material resulting from construction operations at the end of each workday. All signs, barricades, and pavement markings shall conform to the BC standard sheets, TCP sheets and the latest version of the "Texas Manual on Uniform Traffic Control Devices". The Contractor may be required to furnish additional barricades, signs, and warning lights to maintain traffic and promote motorists safety. Any such additional signs and barricades will be considered subsidiary to the pay item for traffic control. All signs, barricades, and posts will be either new or freshly painted. The contractor and any traffic control subcontractor must be ATSSA certified for Traffic Control. 025802 Page 1 of 3 Rev.10-30-2014 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF A competent person, responsible for implementation of the TCP and for traffic safety, shall be designated by the Contractor. The name and off-hours phone number of the competent person shall be provided in writing at the Pre-Construction Conference. The competent person shall be on site, during working hours and on call at all times in the event of off-hour emergency. The contractor must provide temporary blue sign boards that direct traffic to businesses and driveways during each phase of construction— see example below. The sign boards may be either skid mounted or barrel mounted. The City will assist the contractor in determining which businesses and driveways will receive signage during various construction phases. The provision, installation, and removal of signage will be considered to be subsidiary to the contract items provided for"Traffic Control." Example Blue Sign 24* t ...... A.. � ..A. ....w VANDARIN GARDIN ------------ 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Forin, temporary traffic controls during construction shall be measured as a lump sum. Payment shall include, but not be limited to, furnishing, installing, moving, replacing and maintaining all temporary traffic controls including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary striping and markers, flaggers, removable and non-removable work zone pavements markings and signage, channelizing devices, temporary detours, temporary flexible-reflective roadway marker tabs, temporary traffic markers, temporary drainage pipes and structures, blue business signs, and such temporary devices and relocation of existing signs and devices. Payment shall be full compensation for all labor, equipment, materials, personnel, and incidentals necessary to provide a safe condition during 025802 Page 2 of 3 Rev.10-30-2014 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF construction of all phases and elements of the project and to complete the work. Payment will be made on the following basis: The initial monthly estimate will include 50% of the lump sum bid amount minus retention (typically 5%). The balance will be paid with the final estimate, upon completion of the project. 025802 Page 3of3 Rev.10-30-2014 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID:CDFF3BFF-1458-467D-9F46-OFE09A6125DF TECHNICAL SPECIFICATIONS DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF DIVISION 35 00 00 SECTION 35 00 01 —CONSTRUCTION SURVEYING PART 1 — GENERAL 1.01 SUMMARY Construction Surveying includes furnishing materials, labor, and equipment for topographic and hydrographic surveying of the channel dredging and beach nourishment work and as otherwise required under the Contract Documents. 1.02 RELATED SECTIONS Section 0129 01 —Measurement and Basis of Payment Section 35 24 00—Dredging Section 35 33 00—Beach Nourishment 1.03 REFERENCES Publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. USACE (2013). Hydrographic Surveying. EM 1110-2-1003, U.S. Army Corps of Engineers, Washington, DC, misc. paginated. 1.04 SUBMITTALS Submittals to Engineer under this section include the following: 1. Name of Registered Professional Land Surveyor (Paragraph 1.05, A) 2. Surveying Plan (Paragraph 1.05, B) 3. Daily Activities Reports (Paragraph 1.05, D) 4. Survey Submittal Log (Paragraph 3.03, C) 5. Pre-Dredge Hazard Survey (Paragraph 3.05) 6. Vessel Control Plan (Paragraph 3.06) 7. Channel Dredging Surveys and Quantity Computations (Paragraph 3.07) 8. Beach Nourishment Surveys (Paragraph 3.08) 9. Aerial Photography (Paragraph 3.09) 1.05 QUALITY ASSURANCE A. General: All survey plots submitted to Engineer shall be sealed by a professional land surveyor registered in the State of Texas or an NSPS—THSOA Certified Hydrographer having experience in bathymetric surveying and familiar with the hydrographic surveying guidelines in USACE (2013). Prior to commencing Work, Contractor shall 10212723 350001 1/30/2023 Page 1 of 7 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF provide name and credentials of professional land surveyor or certified hydrographer who will oversee surveys. B. Surveying Plan: As part of the Construction Plan required under Specification Section 35 33 00, "Beach Nourishment," Contractor shall provide description of methods and equipment to be applied for required surveys (refer to Table 2 below) as well as quality assurance and quality control (QA/QC) procedures to be applied. Refer to USACE (2013) for QA/QC guidelines. C. Transducer FrequencX: Where fathometers/echo sounders are applied for bathymetric surveys, transducer frequency, survey methods, and equipment shall be consistent between "Before Dredging" (BD) and "After Dredging" (AD) surveys within any particular area. D. Daily Activities Reports: Contractor shall include Construction Surveying related information in the Daily Activities Reports required under Specification 35 24 00, "Dredging." PART 2—PRODUCTS (NOT USED) PART 3—EXECUTION 3.01 GENERAL Contractor shall provide BD and AD surveys for measurement and acceptance of Work items. Plots showing BD and AD lines and grades and quantity computations shall accompany all payment requisitions. Refer to Table 1 for a general summary of the required surveys. 10212723 350001 1/30/2023 Page 2 of 7 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF Table 1. Summary of Required Surveys. Survey Intended Purpose Submittal(s)Schedule Pre-Dredge Hazard Survey BD To confirm and detect presence of potential dredging hazards Prior to Construction in channel. SH361 Bridge Side-scan sonar survey and multibeam survey shall be Prior to construction after BD performed under the SH361 bridge to document condition of acceptance of Vessel existing riprap scour protection prior to construction. Control Plan. Side-scan sonar survey and multibeam survey shall be Upon completion of AD performed under the SH361 bridge to document condition of construction. existing riprap scour protection after construction. Channel Dredging Sections BD To document pre-dredging conditions and establish contract Prior to commencing volumes. physical material extraction. To document interim and AD dredging locations and depths, Upon completion of physical Interim/ verify that material extraction has not occurred beyond p p p y specified limits,and determine pay volumes. (Reference material extraction(prior to f AD progress payments). Paragraph 3.06,"Channel Dredging Surveys.") Beach Nourishment Area BD To serve as baseline for future monitoring by Owner. Prior to commencement of channel dredging. Interim To substantiate requests for progress payments for partially- With monthly pay requests. completed work. AD surveys shall be performed to verify dimensional and Upon completion of beach AD grading/dressing requirements(for acceptance). nourishment(prior to final acceptance). 3.02 SURVEYING METHODS Methods, equipment, and accuracy for surveying shall meet or exceed the requirements of Table 2. Contractor shall obtain approval from Engineer prior to use of alternative methods and equipment. Table 2. Required Surveying Methods, Equipment, and Accuracy Surveying Method Acceptable Applications Walking/wading rod-based surveys with Acceptable for surveying beach and wading electronic total station, real-time DGPS, areas. and/or RTK GPS Fathometer/echo sounder on survey vessel Acceptable for surveying channel. Note: 1. Minimum vertical and horizontal accuracies for all surveying methods shall be ±1.5" and 1 ft RMS, respectively. GPS-based systems shall not be applied without establishing a local base station or a Virtual Reference Station. 2. For all fathometers/echo sounders applied for surveys of Beach Nourishment Area, an RTK rover capable of 5 HZ update rate and near-zero latency shall be provided on vessel/personal watercraft. 10212723 350001 1/30/2023 Page 3 of 7 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 3.03 SURVEY PLOTS A. All construction surveys submitted to Engineer shall be in the form of plan-view and cross-section plots and digital data. All surveys shall be referenced to the project datums shown on the Drawings. Plots shall be submitted as hard copies and transmitted digitally in PDF and AutoCAD format. All plots shall legibly and clearly display the following information: 1. Project name: Packery Channel Dredging and Beach Nourishment (Project No. 19046A) 2. Owner's name: "City of Corpus Christi." 3. Professional Land Surveyor's seal, signature, and business affiliation 4. Date(s) surveys were performed. Legends and line types shall be used to differentiate different dates on cross-section. 5. Location and description of survey control 6. Vertical and horizontal datums, coordinate systems, and units. 7. Sheet name and number 8. Name of Contractor 9. Drawing scale(s) 10. Transducer frequency (if fathometer/echo sounders used) B. Plots for channel dredging and beach nourishment areas shall include the following: 1. Plan sheets clearly documenting locations, limits, and dimensions of completed Work(as applicable) and locations where cross sections were taken. 2. Cross-section sheets providing an overlay of sequential survey transects (as applicable) along with specified templates. 3. For channel dredging, cross-sectional areas for each section shall be calculated by comparing the BD and AD surveys with the specified cut templates. Areas shall be labeled on the plots. C. Digital Data: In addition to plots, all survey submittals shall include digital data including the following: 1. A submittal log documenting surveys submitted to date with descriptors for survey dates and locations. 2. AutoCAD files 3. 3D ASCII files providing point data in PNEZD format 4. PDF Files 10212723 350001 1/30/2023 Page 4 of 7 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 5. For cross-sections within beach nourishment area, provide data as "Distance- Elevation"points with distances referenced to the construction baseline in feet(one file for each cross section).Format shall be BMAP/RMAP or other format approved by Engineer. 3.04 SURVEY TRANSECTS A. Channel: Survey transects (i.e., "cross-sections") shall be taken every 100 ft (max) along the channel centerline. Each cross section shall extend 20 feet(min.) beyond the top of the dredging template. Survey shots shall be taken at all significant grade breaks and at a horizontal spacing of 10 ft(max) on center. B. Beach Nourishment Area: 1. Survey transects shall consist of beach cross-sections taken with azimuths perpendicular to the project baseline at 250 ft intervals starting at Station B90+00 and ending at Station B 150+00. 2. Along each transect, survey shots shall be taken at all significant grade breaks and with enough frequency to clearly delineate bars and troughs across the surf zone. In no case shall horizontal spacing of survey shots exceed 10 ft. 3. Transects shall extend from the project baseline to at least the -3.0 ft NAVD'88 contour. In addition to transects at the required 250 ft intervals, transects shall be taken at the following stations to match Owner's historical monitoring locations: Station 103+50. 3.05 HAZARD SURVEY Pre-Dredge Hazard Survey: Contractor shall perform magnetometer and side-scan sonar surveys to locate hazards and obstructions(such as pipelines and rock)within channel prior to dredging. Side-scan sonar survey shall be performed over entire limits of planned dredging to identify surface debris. If Contractor's side-scan sonar survey identifies locations where riprap from existing shoreline protection encroaches on dredging template, Engineer may adjust the dredging template to help avoid the riprap. Magnetometer survey shall be performed to detect ferromagnetic objects at and below the channel bottom. Magnetometer survey shall be supplemented with probing as required to determine depth of hazard/obstruction. Probing shall be coordinated with utility owners. Except as otherwise stated in these specifications and on the drawings, Contractor shall be solely responsible for determining necessary extent and methods of pre-dredge hazard survey. Planned scope of pre-dredge hazard survey shall be summarized in Surveying Plan (refer to paragraph 1.05, B). 3.06 SH361 BRIDGE 10212723 350001 8/7/2023 Page 5 of 7 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF A. BD Survey: Side-scan sonar and multibeam surveys shall be performed under the SH361 bridge to document that vessels operated by Contractor do not damage bridge piling and/or riprap scour protection under bridge. Coverage of surveys shall extend a minimum of 200 ft to north the and south of bridge. Refer to the Vessel Control Plan in Section 35 24 00, "Dredging," for additional requirements. B. AD Survey: Side-scan sonar survey and multibeam survey shall be performed under the SH361 bridge to document the condition of existing bridge piling and/or riprap scour protection after construction. Coverage of surveys shall extend a minimum of 200 ft to the north and south of bridge. Refer to the Vessel Control Plan in Section 35 24 00, "Dredging," for additional requirements. 3.07 CHANNEL DREDGING SURVEYS A. Before Dredging(BD) Survey: A BD survey shall be performed over the entirety of each Dredging Section prior to respective dredging. Results of the BD survey(s), including volume calculations, shall be submitted to the Engineer at least seven days prior to commencement of any physical dredging (material extraction) within that Dredging Section. The BD survey(s) shall be conducted within a single five-day(max) period for each Dredging Section. B. Interim Surveys: At Contractor's option, and subject to Engineer's approval,Dredging Sections may be subdivided into shorter sections for incremental acceptance. (Refer to Specification Section 35 24 00, "Dredging," Paragraph 3.10. Interim surveys shall be provided upon completion of each increment to document conditions of the completed work and actual volumes dredged. C. After Dredging(AD) Survey: Upon completion of dredging within each Dredging Section, an AD survey shall be performed. For any areas not previously accepted by interim surveys, AD survey shall be applied to document conditions of the completed Work and actual volumes dredged. AD survey is required for each dredging section regardless of whether interim surveys were previously performed. The AD(s) shall be conducted within a single five-day (max) period for each Dredging Section. 3.08 BEACH NOURISHMENT AREA SURVEYS A. BD Survey: A BD survey shall be performed over the Beach Nourishment Area prior to discharge of dredged material. Results of the BD survey shall be submitted to the Engineer at least seven days prior to commencement of any physical dredging(material extraction). The BD survey(s) shall be conducted within a single five-day(max)period. B. Interim Surveys: If Contractor requests progress payment(s) prior to completion of beach nourishment, interim surveys shall be performed to verify required elevations and dimensions within completed areas. 10212723 350001 8/7/2023 Page 6 of 7 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF C. AD Survey: Upon completion of all dredged material discharge and final grading within the Beach Nourishment Area, an AD survey shall be performed to document conditions and limits of the completed Work. The AD survey(s) shall be conducted within a single five-day (max)period. 3.09 AERIAL PHOTOGRAPHY A. Upon completion of all construction activities, provide a color vertical aerial photograph matching the full limits of the aerial photograph shown on Sheet 13 in the Drawings. The photograph shall be professionally rectified and geo-referenced in compliance with the standards described in FGDC-STD-008-1999. The photograph shall be referenced to the project horizontal datum shown on the drawings. RMS error shall be calculated using the method described in FGDC-STD-007.3-1998, reported in the accompanying metadata and shall not exceed 2.0 ft. B. Submittal shall include a high-resolution aerial photograph in digital(TIF)format(with world file in ASCII format) and metadata specified in FGDC-STD-008-1999. Contractor shall provide notice to Engineer and name / contact information for aerial photography subcontractor a minimum of one week prior to execution of aerial photograph. C. Aerial photograph shall not contain missing patches,blank spaces,or black areas where water or other features exist within the area specified for coverage. D. Aerial photography shall also include a series of low-altitude, high resolution oblique aerial photographs that (at a minimum) cover the constructed Beach Nourishment area from a minimum of three directions. At least 25 oblique aerial photographs shall be provided. END OF SECTION 10212723 350001 8/7/2023 Page 7 of 7 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF DIVISION 35 00 00— SITEWORK SECTION 35 16 60—ENVIRONMENTAL PROTECTION MEASURES PART 1 —GENERAL 1.01 SUMMARY This section covers prevention of environmental pollution and damage as the result of construction operations under this contract and for those measures set forth in other technical provisions of these specifications. For the purpose of this specification, environmental pollution and damage is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare, unfavorably alter ecological balances of importance to human life, affect other species of importance to man, or degrade the utility of the environment for aesthetic, cultural or historical purposes. The control of environmental pollution and damage requires consideration of air, water, and land, and includes management of visual aesthetics, noise, solid waste, radiant energy and radioactive materials, as well as other pollutants. The environment shall be protected and all natural resources shall be preserved during construction. All Federal, State, and local laws and regulations shall be complied with during construction. 1.02 RELATED SECTIONS Section 00 72 00—General Conditions Section 35 24 00—Dredging Section 35 33 00—Beach Nourishment Section 35 48 30—Protection of Sea Turtles Appendix 1 —U.S. Army Corps of Engineers Permit Appendix 4 — NOAA/NMFS Sea Turtle and Smalltooth Sawfish Construction Conditions 1.03 LOCATION OF FIELD OFFICES, STORAGE AND OTHER CONTRACTOR FACILITIES Contractor's field offices, staging areas, stockpile storage, and temporary buildings shall be placed in areas approved by Owner. Temporary movement or relocation of Contractor facilities shall be made only on approval by Owner. Disposal areas shall not be located in any wetlands, water body, or stream bed. Fuel and lubricate equipment in a manner that protects against spills and evaporation. Provide a berm around fuel and liquid chemical storage tanks to contain the tank contents in the event of a leak or spill. No refueling shall be done onsite unless approved in advance with acceptable spill protection measures. 1.04 QUALITY CONTROL Contractor shall establish and maintain quality control for environmental protection of all items set forth herein. Contractor shall record on daily reports any problems in complying 10212723 35 1660 1/25/2023 Page 1 of 6 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF with laws, regulations and ordinances and corrective action taken. Any damage caused by Contractor during construction shall be repaired, replaced, or restored to the satisfaction of Owner. Contractor shall maintain all erosion and sediment control devices in good working order. If a repair is necessary it will be done at the earliest date possible, but no later than seven (7) days after the surrounding exposed ground has dried sufficiently to minimize further damage from heavy equipment. Areas adjacent to creeks and drainage ways shall have priority. 1.05 TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL Contractor shall train his personnel in all phases of environmental protection. The training shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and installation and care of facilities (vegetative covers and instruments required for monitoring purposes) to ensure adequate and continuous environmental pollution control. 1.06 VOLATILE ORGANIC COMPOUNDS (VOC) Contractors are required to comply with the Local, State, and Federal VOC laws and regulations and shall have an acceptable VOC compliance plan. The plan shall demonstrate that the use of paints, solvents, adhesives, and cleaners comply with local VOC laws and regulations governing VOC materials, and that all required permits have been obtained or will be obtained prior to starting work involving VOC's, in the air quality district in which the work is started. An acceptable compliance plan shall contain, as a minimum, a listing of each materials subject to restrictions in the air quality management district in question, the rule governing its use, a description of the actions which Contractor will take, a description of the actions which Contractor will use to comply with the laws and regulations, and any changes in the status of compliance during the life of the contract. Alternatively, if no materials are subject to the restrictions the air quality management district where the work will be performed, or if there are no restrictions, the compliance plan shall so state. PART 2 —PRODUCTS (NOT USED) PART 3 —EXECUTION 3.01 PROTECTION OF ENVIRONMENTAL RESOURCES A. General: The environmental resources within the project boundaries and those affected outside the limits of permanent work under this contract shall be protected during the entire period of this contract. Contractor shall confine work to areas defined by the plans and specifications. B. Protection of Land Resources: Prior to construction, Contractor shall identify all existing land resources. Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land 10212723 35 1660 1/25/2023 Page 2 of 6 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF forms without written permission from Owner. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. Where such special emergency use is permitted, Contractor shall provide effective protection for land and vegetation resources at all times. C. Protection of Water Resources: Contractor shall keep construction activities under surveillance, management and control to avoid pollution of surface and ground waters. Special management techniques as set out below shall be implemented to control water pollution by the listed construction activities which are included in this contract. As soon as possible, Contractor shall clear all waterways of temporary embankments, temporary bridges, matting, falsework, debris, or other obstructions placed during construction operations that are not part of the finished work. Contractor is responsible for maintaining area drainage during construction. Water shall not be allowed to pond on any roadway surface, and runoff from adjacent properties shall not be impeded by project work. D. Protection of Fish and Wildlife Resources: Contractor shall keep construction activities under surveillance, management, and control to minimize interference with, disturbance to and damage of fish and wildlife. Prior to beginning of construction operations, Contractor shall list species that require specific attention and describe measures for their protection. Refer to specification Section 35 48 30, "Protection of Sea Turtles," for Special Conditions pertaining to protection of sea turtles. E. Threatened and Endangered Species: Implement the following measures to avoid and minimize impacts to threatened and endangered species: 1. Instruct personnel associated with the project of the potential presence of sea turtles, piping plovers, red knots, or any other threatened and endangered species, and the need to avoid collisions with these species. Construction personnel are responsible for observing water-related activities for the presence of these species. 2. Advise construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles, whales, or any other threatened and endangered species, which are protected under the Endangered Species Act of 1973. 3. Vessels associated with the construction project shall operate at "no wake and idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a 4-foot clearance from the bottom. Vessels will preferentially follow deep-water routes (for example, marked channels) when possible. 4. If a sea turtle or any other threatened and endangered species is seen within 100 yards of the active daily construction or dredging operation or vessel movement, appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of moving equipment closer than 100 feet of a sea turtle (individual, nest, and eggs) or any other threatened and endangered species. Operation of mechanical construction equipment shall cease immediately if a sea turtle 10212723 35 1660 1/25/2023 Page 3 of 6 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF or sea turtle nest is seen within a 100-foot radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition, and a representative of the Sea Turtle Science and Recovery Program at Padre Island National Seashore (PAIS) has given approval for work to resume. 5. Collision with or injury to a sea turtle, piping clover, and red knots shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division by phone (727-824-5312 for Texas) or electronic mail ( within 24 hours of any sea turtle take observed, the local authorized sea turtle stranding or rescue organization (866-887-8535), USACE CCRFO (361-814-5847), and USFWS Ecological Field. 6. Refer to specification Section 35 48 30, "Protection of Sea Turtles" for other specific measures required for protection of sea turtles. 7. Refer to Appendix 4 for NOAA/NMFS Sea Turtle and Smalltooth Sawfish Construction Conditions that shall be applied to this work. F. Protection of Air Resources: Contractor shall keep construction activities under surveillance, management and control to minimize pollution of air resources. All activities, equipment, processes, and work operated or performed by Contractor in accomplishing the specified construction shall be in strict accordance with the State of Texas Clean Air Act implemented in 1967, and all Federal emission and performance laws and standards. Ambient Air Quality Standards set by the Environmental Protection Agency shall be maintained for those construction operations and activities specified in this section. Special management techniques as set out below shall be implemented to control air pollution by the construction activities that are included in the contract. I. Contractor is encouraged to apply for Texas Emission Reduction Plan grants; 2. Contractor should exercise air quality best management practices. 3. Contractor should use tugboat(s) and support vessel(s) that use clean fuels; 4. Select assist tugs based on lowest NOx emissions instead of lowest price; 3.02 PARTICULATES CONTROL Contractor shall maintain all excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, excavated areas, borrow areas, demolition areas and all other work areas within or outside the project boundaries free from particulates which would cause the air pollution standards mentioned in paragraph 3.01.G above to be exceeded or which would cause a hazard of a nuisance. Sprinkling, chemical treatment of an approved type, light bituminous treatment, baghouse, scrubbers, electrostatic precipitators or other methods will be permitted to control particulates in the work area. Sprinkling, to be efficient, must be repeated at such intervals as to keep the disturbed area 10212723 35 1660 1/25/2023 Page 4 of 6 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF damp at all times. Contractor must have sufficient competent equipment available to accomplish this task. Particulate control shall be performed as the work proceeds and whenever a particulate nuisance or hazard occurs. Sand blasting, provide tarp drop cloths and windscreens under and around blasting operations to confine and collect dust, sand, paint and other debris. 3.03 CONTROL AND DISPOSAL OF WASTES A. Hazardous Waste: Hazardous wastes are defined in 40 CFR 261. Hazardous wastes that are produced as a result of performing work under this contract shall be handled, stored, transported, and disposed of according to 40 CFR 262, where applicable. Prevent hazardous wastes from entering the ground, drainage areas, and surface waters. Immediately notify Engineer of hazardous material spills. B. Discharge Events: In the event of a discharge of oil or release of hazardous substances, the release shall be reported to the National Response Center (800-424-8802) and Texas Emergency Oil Spill and Hazardous Substance Reporting line (800-832-8224) as required. Immediately notify Engineer of hazardous material or other spills. C. Sanitary Waste: All sanitary waste shall be collected by a licensed sanitary waste management contractor from the portable units as necessary, or as required by local regulation. D. Construction Debris: Contractor shall collect and properly dispose of all trash and construction debris in accordance with all local and state solid waste management regulations and practices. No construction waste material shall be buried on the Project Site. Contractor shall store all waste materials in approved metal dumpsters, or other containers approved by Engineer. The dumpster shall be emptied as necessary or as required by local and state regulation, and the contents hauled away for proper disposal. No construction waste material shall be buried within the project limits. 3.04 POST CONSTRUCTION CLEAN UP Contractor shall clean up areas used for construction to the satisfaction of Engineer. 10212723 35 1660 1/25/2023 Page 5 of 6 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF 3.05 RESTORATION OF DAMAGE Contractor shall restore all features damaged or destroyed during construction operations outside the limits of the approved work areas. Such restoration shall be in accordance with the plan submitted for approval by Owner or Engineer. This work will be accomplished at Contractor's expense without compensation. END OF SECTION 10212723 35 1660 1/25/2023 Page 6 of 6 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF DIVISION 35 24 00 SECTION 35 24 00—DREDGING PART 1 — GENERAL 1.01 SUMMARY Dredging work includes furnishing materials, labor, and equipment for dredging,transport of dredged material via pipeline,and hydraulic discharge for placement of dredged material in accordance with these Specifications and applicable Drawings. Required dredging is summarized in Table 1. (Refer to Table 4 for allowable overdepths.) Table 1: Summary of Required Dredging Channel Dredging Required Required From To Distance Reach Section Depth, ft Width, ft Station Station Between (NAVD88) Stations,ft 1 1 -14.0 Varies 198+10 154+60 4,350 1 2 -14.0 Varies 154+60 140+50 1,410 2 3 -6.8 80 136+50 130+00 650 Total: 6,410 1.02 RELATED SECTIONS Section 02 16 60—Environmental Protection Measures Section 0129 01 —Measurement and Basis of Payment Section 35 00 01 —Construction Surveying Section 35 33 00—Beach Nourishment Section 35 48 30—Protection of Sea Turtles 1.03 SUBMITTALS Submittals to Engineer under this section include the following: 1. Daily Activities Reports (Paragraph 1.04, B) 2. Construction Plan (Paragraph 1.04, D) 3. Survey Drawings (Refer to Section 35 00 01, "Construction Surveying") 4. Vessel Control Plan (Paragraph 3.03, B.2) 5. Spill Contingency Plan (Paragraph 3.12) 6. Pre-Dredge Hazard Survey Report (Refer to Section 35 00 01, "Construction Surveying") 7. Logs/Records as may be required by USACE (Refer to Appendix 1, "U.S Army Corps of Engineers Permit") 10212723 35 24 00 1/30/2023 Page 1 of 11 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 1.04 QUALITY ASSURANCE A. Permits: Refer to Appendix 1, "U.S Army Corps of Engineers Permit." B. Daily Activities Reports: Contractor shall provide a daily record of work activities. Records shall document general location and depth of dredging, placement activities, approximate daily production, percent project completion, and adverse weather, equipment delays, schedule delays, or other problems that cause delays. Refer to Specification Section 35 33 00, "Beach Nourishment," for additional requirements of Daily Activities Reports. Reports shall be submitted daily. C. Environmental Protection Requirements: Refer to Section 02 16 60, "Environmental Protection Measures." D. Construction Plan: Prior to commencing work, Contractor shall submit a construction plan containing the planned procedure and timing for all work to be performed. This construction plan shall include: 1. Planned number and type of dredges and locations to be used. 2. Pipeline route(s) (Paragraph 3.11). 3. Refer to Specification Section 35 33 00, "Beach Nourishment," for additional requirements. E. Construction Observation: At the request of Owner/Engineer, Contractor shall provide boats, boatmen, laborers, and materials necessary for Owner/Engineer to observe the Work. 1.05 SUBSURFACE DATA The material to be removed consists of shoals that have accumulated over a period of time. However, some virgin material and debris such as rocks and rope may be encountered. Geotechnical investigation data are provided in Appendix 2. These data represent the most recent information available. However,variations may exist in the soil conditions between sample locations. Bidders are expected to examine the worksite and the records of previous dredging, which are available from the Owner, and, after investigation, shall draw their own conclusions as to the character of the in-situ soil materials. PART 2—PRODUCTS 2.01 MATERIALS A. Dredged Material: Any and all material (unclassified) removed from within the designated dredging template(s) and within the specified lines and grades indicated on the drawings. 10212723 35 24 00 1/30/2023 Page 2 of 11 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF B. Unsatisfactory Dredged Material: Material such as rocks, clay balls, cable, trees, tires, timbers, concrete, debris, etc. shall become the property of Contractor and be removed from the project site and disposed of in accordance with all applicable Federal, State, and local laws and regulations. PART 3—EXECUTION 3.01 NOTIFICATION PRIOR TO COMMENCEMENT OF DREDGING OPERATIONS A. Contractor shall notify the Galveston District's Main Office of the U.S. Army Corps of Engineers (USACE), Regulatory Branch, Chief of Compliance Section, Post Office Box 1229, Galveston, Texas 77553-1229, in writing at least 10 days prior to commencement of dredging activities. Provide copy to Engineer. B. Contractor shall comply with all applicable U.S. Coast Guard (USCG) requirements. In addition, Contractor shall contact the USCG, Sector Corpus Christi, Waterways Management (WWM) Division Chief to request a pre-dredging safety coordination meeting at least 15 days prior to commencement of dredging activities. Contact information for WWM Division Chief is: Tel.: 361-939-5130 Website: https://homeport.uscg.mil/port-directory/corpus-christi 3.02 PREPARATION A. Dredging Obstructions: 1. Prior to commencing dredging, Contractor shall perform pre-dredge hazard survey (refer to Section 35 00 01, "Construction Surveying"). In addition to performing pre-dredge hazard survey, Contractor shall identify, locate, and avoid all pipelines, cables, and other hazards prior to dredging, anchoring, spudding, laying/removing dredging pipeline, etc. throughout the course of the Work. 2. Existing features, where shown on the drawings and/or referenced in these specifications, are shown only to the extent such information was made available to or discovered by Engineer during preparation of the drawings and specifications. There is no guarantee as to the accuracy or completeness of such information, and all responsibility for the accuracy and completeness of such information is expressly disclaimed. If Contractor fails to discover an underground or submerged installation and damages the same,he shall be responsible for the cost of the repair. 3. Contractor shall contact the Texas Excavation Safety System, Inc. and other utility notification services, as stated on the drawings,prior to any dredging. 4. The following is a partial list of features and utilities that cross the area to be dredged. Contractor shall contact utility owners prior to dredging to identify and locate all crossings. 10212723 35 24 00 1/30/2023 Page 3 of 11 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF Table 2: Partial list of utilities crossing channel. Approximate Description Location Sta 137+00 Gas Line (Southcross Energy, 877-880-9022) Sta 138+00 Bridge (Texas State Highway 361) Force Main (City of Corpus Christi, 361-826-1800) Sta 139+00 to 140+50 Overhead Electric Lines (AEP-Central Power& Light) Fiber Optics Cables (Southwestern Bell, 800-545-6005) Water Pipeline (City of Corpus Christi, 800-928-8942) Gas Line (City of Corpus Christi) Sta 137+00 Fiber Optics Cable (Charter Communications) B. Emergency Spill Response Equipment: Prior to commencing dredging activities, sufficient spill response equipment, i.e. boom, etc. shall be on-site and ready for deployment in the event of an emergency or accident. C. Pre-Dredge Survey(Initial Survey): Refer to Section 35 00 01, "Construction Surveying." 3.03 SURVEYING A. Refer to Specification Section 35 00 01, "Construction Surveying," for surveying requirements. B. SH361 Bridge: 1. Before and after construction, side-scan sonar (SSS) and multibeam bathymetric surveys shall be performed under the SH361 bridge to document that dredges and other vessels operated by Contractor do not damage bridge pilings and/or riprap scour protection under bridge. Coverage of SSS and multibeam bathymetric surveys shall extend a minimum of 200 ft to north and south of bridge. 2. Vessel Control Plan a. Prior to mobilization, Contractor shall prepare and submit a Vessel Control Plan describing measures to control dredge(s), support tugs,barges, dredge pipeline, survey vessels, and other floating plant. This plan shall outline the steps Contractor will take to prevent allisions with, and damage to,the SH361 bridge, including existing riprap scour protection under the bridge. In addition to describing preventative measures, the plan shall describe emergency measures and actions to be implemented should an allision or damage occur. This plan is subject to approval from the Texas Department of Transportation. 10212723 35 24 00 1/30/2023 Page 4 of 11 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF b. The Vessel Control Plan shall contain documentation of pre-construction condition of bridge including photography and surveys. Pre-construction surveys shall include multibeam bathymetric and S S S surveys under the bridge (refer to Section 35 00 01, "Construction Surveying," for surveying requirements). c. Upon completion of construction, Contractor shall provide photographs and surveys to document that bridge is in the same condition (undamaged) that existed prior to construction. Post-construction surveys shall include multibeam bathymetric and SSS surveys under the bridge. d. All costs associated with protection of the SH361 bridge shall be borne by Contractor. Should Contractor damage bridge, all costs associated with repairs shall be borne by Contractor. 3.04 BRIDGE-TO-BRIDGE RADIO TELEPHONE EQUIPMENT All dredge and self-propelled attendant floating plant shall be radiotelephone equipped to comply with the provisions of the Vessel Bridge-to-Bridge Radiotelephone Act (Public Law 92-63). This will require, as a minimum, radiotelephone equipment capable of transmitting and receiving on 156.65 MHZ (Channel 13). Multi-channel equipment also requires 156.8 MHZ (Channel 16). Dredge tugs and tenders shall be considered towing vessels within the meaning of these requirements. 3.05 LOOKOUTS AND RADIO COMMUNICATIONS For pipeline dredges, Contractor shall have a lookout posted in the dredge control room at all times to monitor the movement of vessels around the dredge plant, perform radio communications with company work boats, and deliver passing arrangements with other vessels. The lookout shall be competent in U.S. Coast Guard and Federal Communication Commission's radio communications procedures and requirements and be trained in the Vessel Bridge-to-Bridge Radiotelephone Act. Lookout shall maintain up-to-the-minute information as required to prevent collisions. Each company work boat shall check in with the lookout when arriving at the dredge and shall receive radio clearance from the lookout before departing the dredge. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL BE CONSIDERED A VIOLATION OF THE SAFETY PROTOCOL ESTABLISHED HEREIN. PURSUANT TO THE DIRECTION OF CITY, CONTRACTOR MAY BE REQUIRED TO CEASE OPERATIONS UNTIL THIS PROVISION IS COMPLIED WITH. ANY SUSPENSION, DELAY, OR INTERRUPTION OF WORK ARISING FROM NONCOMPLIANCE OF THIS PROVISION SHALL NOT BE CONSTRUED AS STANDBY TIME. 10212723 35 24 00 1/30/2023 Page 5 of 11 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 3.06 RANGES, GAGES, AND LINES Ranges,buoys, and other markers needed to define the Work and facilitate inspection shall be provided, set, and maintained in good order. Gages shall be established and maintained in locations observable from all parts of the Work so the depth may at all times be determined. Dredging shall be suspended when the gages or ranges cannot be seen or properly followed. 3.07 OBSTRUCTION OF NAVIGATION All Work shall be conducted in such manner not to obstruct navigation. If the plant does obstruct the use of channels or passages and makes traffic movement difficult or endangers the passage of vessels, said plant shall be promptly moved on the approach of any vessel to the extent necessary to afford a practicable passage. 3.08 TEMPORARY REMOVAL OF AIDS TO NAVIGATION Contractor shall be responsible for any temporary removal or changes in locations of channel markers that may be required to facilitate dredging operations. Contractor shall notify Engineer at least 21 days prior to removal or change in location of channel markers so the U.S. Coast Guard and other navigation interests may be informed sufficiently in advance of the proposed removal or change in location. 3.09 DEBRIS REMOVAL Contractor shall remove any debris that is encountered within the specified dredging template. Debris shall become the property of Contractor and be removed from the projects site and disposed in accordance with applicable laws and regulations. With prior approval from Owner, riprap removed from channel may be placed along channel bank to supplement existing shoreline protection. Refer to Drawings for debris removal requirements. 3.10 DREDGING A. General: All dredging shall be performed hydraulically via pipeline dredge within the limits shown on the drawings. Hopper dredging is not allowed. B. Dredging Limits/Tolerance: Dredging shall not extend below the allowable depths shown on the drawings and/or specified herein. Contractor shall establish such control as may be necessary to ensure that the allowable dredging depths are not exceeded. The dredge cut tolerance/allowable overdepth shall be as indicated on the drawings and specified herein. C. Dredging Sequence: Refer to Drawings for required dredging sequence. 10212723 35 24 00 1/30/2023 Page 6 of 11 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF D. Bed Leveling: Final leveling of dredged areas may be performed with a drag bar or other approved apparatus. Bed leveling by dragging the bottom is allowed only in the designated dredging areas shown on the drawings. Shop drawings and photographs showing proposed dragging apparatus shall be submitted to Engineer prior to commencing bed leveling. E. Excessive Dredging: Dredging that results in final grades beyond the limits shown on the Drawings shall be considered excessive. Contractor shall be responsible for damage to adjacent emergent land and/or property (such as bridge, bank protection, or jetty) due to excessive dredging, and shall pay for all costs associated with repairs or refilling. I. If "After Dredging" (AD) Survey shows areas having post-dredging sounding depths exceeding the allowable limits, associated quantity (volume) will be computed and deducted from final payment requisition. 2. Clay balls and rocks that are placed on the beach as a result of extraction of material from beyond the allowable limits shall be removed from the beach and disposed at Contractor's expense. F. Dredge Lighting: Refer to Section 35 48 30, "Protection of Sea Turtles," for requirements and restrictions on lighting aboard dredges. G. Material Discharge and Distribution: All dredged material shall be placed for beach nourishment by hydraulic (via pipeline) discharge. Contractor shall be aware that Owner may require (through a change order to the Contract) that dredged material be screened during discharge on the beach to remove incidental rocks, clay balls,and other unsatisfactory dredged material. Refer to Section 35 33 00, "Beach Nourishment." 3.11 PIPELINES A. Pipeline Map: Prior to construction, Contractor shall provide detailed drawings showing all planned dredge pipeline routes (including pipeline markings) for review by Engineer. B. Pipeline Routes: Pipeline routes between the channel and Beach Nourishment Area shall comply with requirements on Drawings and in USACE permit under Appendix 1, "U.S. Army Corps of Engineers Permit." Planned pipeline routes and booster pump stations shall be described in Construction Plan required under Section 35 33 00, "Beach and Dune Nourishment." C. Pipeline over Water: 1. Pontooned or submerged dredge pipeline shall be located, marked, and maintained so as not to interfere with navigation or present a hazard to boats and/or beach users. Pipeline routes between the dredging areas and beach nourishment area shall comply with requirements of USACE permit included as Appendix 1, "U.S. Army 10212723 35 24 00 1/30/2023 Page 7 of 11 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF Corps of Engineers Permit." Planned pipeline routes and booster pump stations shall be described in Construction Plan required under Section 35 33 00, "Beach Nourishment." 2. Proposed routes and details for floating and submerged sections of dredge pipeline shall be coordinated with USCG during pre-dredging safety coordination meeting (see Paragraph 3.01, B). Pipeline markings shall comply with USCG regulations including 33 C.F.R 62.25, "Lateral Marks,"as applicable. Requirements for lighted buoys and description of the lateral system of buoyage can be found in the USCG publication entitled"Aids to Navigation."Lights to be displayed on pipelines shall be in accordance with USCG Regulation 33 CFR 88.15, "Lights on Dredge Pipelines." D. Pipeline over Land: Pipelines shall not interfere with road traffic nor significantly impede beach traffic. Where pipeline is adjacent to existing roadway, signs shall be provided in both approach directions indicating "Utility Construction Ahead." Where pipelines cross vehicular and pedestrian beach access points, pipeline ramps or trenching shall be provided to avoid or minimize obstruction. Beach access for emergency vehicles shall be maintained at all times. E. Pipeline Leaks: Pipeline leaks or breaks shall be promptly repaired. Dredged material that is improperly placed due to leaks and/or breaks shall be removed immediately. F. Cleanup: Upon removal of pipeline, pipeline corridor shall be restored to original or better condition. Refer to Paragraph 3.14, "Preservation of Public and Private Property." 3.12 SPILL CONTINGENCY PLAN Prior to commencing Work, Contractor shall submit a Spill Contingency Plan. This plan shall be implemented and adhered to throughout the duration of Work. At a minimum,plan shall include the following: 1. Placement of dredged material shall be monitored continuously during all hours of operation. 2. Contractor's Spill Contingency Plan shall include the following procedures to be followed in the event of a spill of(1)dredged material outside of the specified beach nourishment area and/or (2) fuel, oil, hydraulic fluid, etc.: a. Dredging shall cease immediately. b. Contractor shall notify Owner and Engineer immediately. c. All cleanup actions shall be at Contractor's expense. 10212723 35 24 00 1/30/2023 Page 8 of 11 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 3.13 UNAUTHORIZED PLACEMENT OF MATERIAL A. Any dredged material that is misplaced or otherwise deposited or allowed to flow elsewhere than the specified beach nourishment area (excluding areas that receive incidental beach fill material immediately seaward of and/or adjacent to the beach profile construction template) shall be removed at Contractor's expense. B. During the progress of the Work, worn out discharge pipe, wire rope, scrap metal, timbers, broken concrete, rocks, or any other such type of rubbish or obstructive material shall not be discarded in the water, along the shoreline, or anywhere else on City's property. Such material that may be encountered during the dredging activities shall become the property of Contractor and be removed from the Project Site and disposed of in accordance with all applicable Federal, State, and local laws and regulations. C. Contractor shall indemnify and hold harmless City/Engineer from any and all losses, expenses, damages, demands, and claims asserted against or sustained by City/Engineer as a result of or alleged to be the result of illegal, improper, or unauthorized disposal of dredged material or objectionable material. 3.14 PRESERVATION OF PUBLIC AND PRIVATE PROPERTY No dredging shall be performed within 20 feet of an existing structure. Unless shown on the drawings for removal and relocation, all existing jetties, roads,parking lots, ramps, bulkheads,bank protection, signs,fences, ditches,houses/decks,private or public grounds, bridges, piles, and other structures or improvements shall be preserved and protected by Contractor. Should such features be damaged as a result of Contractor's operations under these Specifications, they shall be repaired or rebuilt by Contractor at his expense. The areas used by Contractor in laying and maintaining his pipelines and operating machinery shall be restored to the same or better condition as existed prior to commencement of the Work. Upon completion of the Work, all trenches and cuts shall be backfilled to original ground level. 3.15 CLEANUP AND ACCEPTANCE A. Removal of Plant: Upon completion of the Work, dredging plant, including pipeline, ranges, buoys, survey stakes, piles, signage, cables, and any other markers or obstructions placed by or for Contractor shall be removed. 10212723 35 24 00 1/30/2023 Page 9 of 11 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF B. Acceptance: 1. For the purpose of acceptance,the dredging work items on the Bid Form are divided into the Dredging Sections shown in Table 3. The total estimated amount of material to be removed from within the specified limits, including side and end slopes, anticipated shoaling occurring prior to the dates of the "Before Dredging" (BD) survey, and overdepths, is shown. Completed work will be accepted and final pay quantities determined based on the AD surveys performed by Contractor for each Dredging Section. Refer to Section 01 29 01, "Measurement and Basis of Payment," for additional conditions of acceptance and payment. 2. Contractor may request incremental acceptance of dredging for completed portions of each overall dredging section. If Contractor desires incremental acceptance of a dredging section, proposed increments, schedule, and sequence shall be submitted in construction plan (see Paragraph 1.04) for approval by Engineer. Minimum length of acceptance increments shall be 500 ft. Table 3: Acceptance Sections. Length Volume Allowable Dredging From To of Within Over- Total Section Station Station Reach, Required depth Volume, ft Depth['], Volume, CY CY CY 1 198+10 154+60 4,350 121,000 41,000 162,000 2 154+60 140+50 1,410 86,000 22,000 108,000 3 136+50 130+00 650 1,000 1,000 2,000 Totals: 6,410 208,000 64,000 272,000 Notes: (1) The term "required depth"is synonymous with "prescribed depth"and "required dredging prism"used elsewhere in these specifications. 3. Overdepth: To cover inaccuracies of the dredging process, material actually removed from within the specified area(s) to be dredged to depths as specified in Table 4, "Allowable Overdepth, Side and End Slopes," will be estimated and paid for at contract price or prices. 4. Side and End Slopes: Dredging of the side and end slopes shall follow, as closely as practicable, the lines indicated or specified. Material actually removed from within approved limits to provide for final side and end slopes as specified in Table 4, "Allowable Overdepth, Side and End Slopes," but not in excess of the amounts originally above these limiting side and end slopes, will be estimated and paid for, whether dredged in original position or by dredging space at the bottom of the pay slope for upslope material capable of falling into the cut. In computing the limiting amount of side and end slope dredging, net dimensions, without allowance for overdepth, shall be applied. Refer to Paragraphs 3.10, E and 3.14 for requirements when dredging side and end slopes adjacent to existing structures. 10212723 35 24 00 1/30/2023 Page 10 of 11 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF Table 4: Allowable Overdepth, Side, and End Slopes Allowable Over- Final Dredging From To depth,ft(below Side Sloe Grade End Sloe Above Plane, Section Station Station Required ppe Grade ft(NAVD88) Depth) Vertical Horizontal Vertical Horizontal 1 140+50 154+60 2 1 3 1 3 -16.0 2 154+60 198+10 2 1 3 1 3 -16.0 3 110+68 136+50 1 1 3 1 3 -7.8 5. AD Survey: Upon completion of dredging, Contractor shall perform a final survey over all dredging limits and placement areas. Refer to Section 35 00 01, "Construction Surveying," for surveying requirements. C. Final Examination: As soon as practicable after the completion of each Dredging Section, the work may be thoroughly examined by Owner by sounding and/or sweeping. This survey will be separate from the final survey required of Contractor as described in Section 35 00 01, "Construction Surveying." If shoals, lumps, or other lack of contract depth are disclosed by this examination, Contractor shall remove same by dragging the bottom or dredging at the contract rate. When the section is found to be in a satisfactory condition, it will be accepted finally. If more than two soundings or sweeping operations by Owner over a Dredging Section are necessary for removal of shoals disclosed at prior soundings or sweepings, the cost of the third and any subsequent sounding or sweeping operations will be charged against Contractor. D. Shoaling: If, before the contract is completed, shoaling occurs in any reach previously accepted, including shoaling in the finished channel because of the natural lowering of the side slopes, re-dredging at the contract price,within the limit of the available funds, may be done if agreeable to both Contractor and Owner. END OF SECTION 10212723 35 24 00 1/30/2023 Page 11 of 11 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF DIVISION 35 00 00 SECTION 35 33 00 — BEACH NOURISHMENT PART 1 — GENERAL 1.01 SUMMARY This section shall govern all work necessary for placing dredged material as beach nourishment in accordance with these Specifications and applicable Drawings. 1.02 RELATED SECTIONS Section 0129 01 —Measurement and Basis of Payment Section 02 16 60—Environmental Protection Measures Section 35 00 01 —Construction Surveying Section 35 24 00—Dredging Section 35 48 30—Protection of Sea Turtles 1.03 REFERENCES Publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. Federal Geographic Data Committee Publications: FGDC-STD-007.3-1998 Geospatial Positioning Accuracy Standards, Part 3: National Standard for Spatial Data Accuracy FGDC-STD-008-1999 Content Standards for Digital Orthoimagery 1.04 SUBMITTALS Submittals under this section include the following: 1. Construction Plan (Paragraph 1.05, C) 2. Daily Activities Reports (Refer to Specification Section 35 24 00, "Dredging") 3. Surveys (Refer to Specification Section 35 00 01, "Construction Surveying") 4. Aerial Photography (Paragraph 3.03) 1.05 QUALITY ASSURANCE A. Permits: Refer to Appendix 1, "U.S Army Corps of Engineers Permit." B. Environmental Protection Requirements: Refer to Section 02 16 60, "Environmental Protection Measures." 10212723 35 33 00 1/24/2023 Page 1 of 5 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF C. Construction Plan: Prior to commencing construction, Contractor shall provide a construction plan containing the planned procedure and timing for the Work to be performed. The construction plan will be reviewed by Engineer for general conformance with the design concept of the Project. The plan shall include the following: 1. Surveying Plan(Refer to Specification Section 35 0001,"Construction Surveying"). 2. Construction access routes to be utilized. Construction access shall follow all applicable local, state, and federal regulations for ingress and egress from public roadways. 3. Layout, size, sequence, and schedule of beach sections to be worked. 4. Plan for installation of safety fencing and warning signs (paragraph 1.06, B). 5. Dredging pipeline routes (Refer to Specifications Section 35 24 00, "Dredging," paragraph 3.10). 6. Locations and utilization of any temporary stockpiles. 7. Sand grading methods. 8. Methods and timing for removing incidental rocks, clay balls and other debris from beach. 9. Methods for continuous monitoring of dredged material discharge and preventing public from accessing immediate work areas. 1.06 PUBLIC SAFETY A. Public Roads and Facilities: All construction access points utilized for the Work shall be secured and surrounded by construction barricades and/or safety fence in accordance with applicable laws and ordinances as necessary to protect the public. B. Beach: Active work areas and construction access routes on the beach shall be delineated by safety fence and posted with warning signs to prevent inadvertent entry by public. Plan for fencing and warning signs shall be described in Construction Plan required under paragraph 1.05, C. C. Dredge Pipeline: Vehicle and pedestrian access over dredge pipeline shall be provided and maintained as stated and/or shown on Drawings. Refer to Specifications Section 35 24 00, "Dredging,"paragraph 3.10, D. 1.07 SUBSURFACE DATA Geotechnical investigation data are provided in Appendix 2. These data represent the most recent information available. However,variations may exist in the soil conditions between sample locations. Contractor shall draw his own conclusions as to the character of the in- situ soil materials. PART 2 —PRODUCTS 10212723 35 33 00 1/24/2023 Page 2 of 5 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 2.01 MATERIALS A. Beach Fill Material: Beach Fill Material shall be all sediments (unclassified) extracted from the designated channel dredging area shown on the Drawings. Unsatisfactory material described in paragraph 2.01, B shall not be considered as Beach Fill Material. B. Unsatisfactory Material: Refer to Specification Section 35 24 00, "Dredging," paragraph 2.01, B for definition of unsatisfactory material. PART 3 —EXECUTION 3.01 SURVEYS Refer to specification Section 35 00 01, "Construction Surveying." 3.02 BEACH FILL MATERIAL PLACEMENT AND DISTRIBUTION A. General: All beach fill material deposited on the beach shall be transported via pipeline and placed hydraulically. Material shall be brought to rest within the lines, grades, and cross-sections shown on the Drawings. B. Dredged Material Discharge Screening for Debris: Should dredged material contain excessive amounts of clay balls or debris, Owner may issue a Change Order for screening dredged material as it is being discharged on the beach. Should a Change Order for screening be executed, screen openings shall not exceed 1.25 inches without prior approval by Engineer. C. Placement: 1. Prior to placement of beach fill material, all snags, driftwood, concrete rubble,rock, timber,plastic, and/or similar debris lying within the foundation limits of the Beach Nourishment Area shall be removed from the Site. 2. Beach fill material shall not be placed in a manner that impairs beach access. 3. Construction equipment shall not operate outside of the Beach Nourishment Area except for ingress and egress to and from the Site. 4. Grading and other construction equipment that is not supporting active construction shall not be stored on beach overnight without prior approval from Owner. 5. Water discharged with dredged material shall be prevented from ponding between the Beach Nourishment Area and adjacent upland areas. 6. Temporary longitudinal dikes, and spreader and pocket pipe, shall be used as necessary to prevent gullying and erosion of the beach and fill, and retain the fill 10212723 35 33 00 1/24/2023 Page 3 of 5 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF material on the beach within the limits of the Beach and Dune Nourishment Area. 7. Except for leveling of escarpments as stated in paragraph 3.02, D, Contractor is not responsible for redistribution of beach fill material caused by waves within portions of the beach nourishment area previously surveyed and accepted. D. Grading and Dressing: 1. Prior to AD survey(s), the beach surface shall be smoothly and uniformly graded and dressed to eliminate any humps or depressions. Contractor is not required to dress the fill below the water line to the slopes shown on the Drawings. 2. Prior to AD survey(s), the beach surface shall be graded to the widths, elevations, and tolerances shown on the Drawings. 3. Until beach nourishment completion, any escarpments along the shoreline greater than 18 inches in height, regardless of length, shall be graded smooth on a weekly basis. 4. Beach fill material deposited landward of the Beach Nourishment Area shown on the Drawings shall be removed and graded back into the specified limits. 5. Within two weeks after completion of final section of beach nourishment,Contractor shall (as determined to be necessary by Owner) perform one additional re- grading/leveling operation to smooth escarpment(s) along the shoreline within the Beach Nourishment Area. E. Sea Turtle Protection: Refer to Specification Section 35 48 30, "Protection of Sea Turtles," for sea turtle protection measures including requirements for training personnel prior to working on the beach, restrictions on use of lights at night, and avoidance of turtles/nests. 3.03 AERIAL PHOTOGRAPHY A. Refer to Specification 35 00 01, "Construction Surveying" for aerial photography requirements. 3.04 ACCEPTANCE Beach Nourishment will be accepted in 250 ft(min)lengths.Acceptance shall be based on review of the interim/final surveys specified under Specification Section 35 00 01, "Construction Surveying" and the requirements of paragraph 3.02. For portions of beach that have been accepted through surveys, Contractor will not be responsible for loss of beach elevation and/or decreased berm width prior to final acceptance. However, leveling of escarpments may be requested as stated in paragraph 3.02, C. 10212723 35 33 00 1/24/2023 Page 4 of 5 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 3.05 CLEANUP A. Cleanup: As work is completed, survey/grade stakes and other markers or obstructions placed by or for Contractor shall be promptly removed as unsatisfactory material. B. Removal of Unsatisfactory Material: Material placed by Contractor on the beach that is classified as unsatisfactory according to paragraph 2.01, B, including rocks and clay balls, shall become the property of Contractor and be removed from the Project Site and disposed of in accordance with all applicable Federal, State, and local laws and regulations. END OF SECTION 10212723 35 33 00 1/24/2023 Page 5 of 5 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF DIVISION 35 00 00 SECTION 35 48 30—PROTECTION OF SEA TURTLES PART 1 —GENERAL 1.01 DESCRIPTION OF WORK This section covers protection of sea turtles during construction operations under this Contract and as part of the work specified in other specification sections. 1.02 RELATED SECTIONS Section 02 16 60—Environmental Protection Measures Section 35 24 00—Dredging Section 35 33 00—Beach Nourishment 1.03 REFERENCES Publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation"Gulf Regional Biological Opinion" only. USFWS (2019). Final Biological Opinion 2-11-02-F-255-R1. Packery Channel maintenance dredging and beach nourishment project(PL-106-53),Nueces County, Texas. 1.05 SUBMITTALS Submittals to Engineer under this section include the following: 1. If work will be performed during turtle nesting season, provide credentials for proposed environmental monitor(Paragraph 3.01,A.2). 1.06 QUALITY ASSURANCE A. Permit Requirements: U.S.Army Corps of Engineers(USACE)Permit No. SWG-2011-00159 is included under Appendix 1. Contractor shall review this permit and all attachments in detail prior to commencing work. Omission of any sea turtle protection requirements in this specification does not relieve Contractor's obligation to fully comply with the USACE permit for this project. B. Awareness of Construction Personnel: 1. Contractor shall instruct construction personnel of potential presence of sea turtles and the need to avoid impacts to turtles. Construction personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing sea turtles which are protected by the Endangered Species Act of 1973. Contractor shall be held responsible for any turtles harmed, harassed, or killed as a result of construction activities that are not conducted in accordance with these specifications and associated pen-nits. 2. Contractor's proposed crews for direct work within the Beach Nourishment Area shall attend a half-day training session at least 60 days prior to initiation of construction activities 10212723 35 48 30 1/31/2023 Pagel of 3 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF or scheduled class times set by the Padre Island National Seashore. The training sessions will be coordinated by Owner,the National Park Service(NPS),and U.S.Fish and Wildlife Service (USFWS) personnel staff to learn how to identify nesting sea turtles and what actions should be taken if turtles are observed. All individuals involved in beach nourishment construction activities will be provided and shall become familiar with information on the identification, status, and habitat utilization of relevant species. PART 2—PRODUCTS (NOT USED) PART 3—EXECUTION 3.01 ENVIRONMENTAL MONITORING A. Beach Nourishment: The following provisions apply during turtle nesting season between March 15 and October 1. I. Contractor shall perform environmental monitoring to identify and avoid sea turtles and sea turtle nests within the Beach Nourishment Area. Contractor's environmental monitor shall inspect the beach for nesting sea turtles, nests and hatchlings adjacent to and along active work areas. Each workday, no construction equipment shall enter a new work area until initial turtle survey has been performed and Contractor's environmental monitor has determined the area is clear of turtles. Contractor's environmental monitor shall be onsite continuously to patrol the beach nourishment area during active construction,including all times when: a. Dredged material is being discharged. b. Vehicles or equipment are being operated on the beach,regardless of location. Contractor's Daily Activities Reports (as required under Section 35 24 00, "Dredging") shall document when Contractor's environmental monitor was onsite, areas patrolled, and associated observations. 2. Contractor's personnel serving as environmental monitor shall have the following credentials: a. Previous completion of a Tier 2 training session offered by the Padre Island National Seashore Division of Sea Turtle Science and Recovery and U.S.Fish and Wildlife Service for monitoring sites for sea turtle nesting and stranding. Tier 2 training includes nesting, egg packing, and stranding presentations. b. Previous experience in sea turtle monitoring including species, track, and nest identification. c. An educational background in biology,marine science, ecology, or related field. Submit environmental monitor's credentials for approval a minimum of two weeks prior to mobilization or operation of any vehicles, equipment, or other machinery on the beach. 3. If a sea turtle(live or dead),turtle egg,or nest is located,beach nourishment work activities shall immediately cease within 100 ft of turtle/nest,Engineer shall be notified, and the Sea Turtle Science Recovery Team shall be notified at Padre Island National Seashore(1-866- TURTLE-5) to report the sighting. Temporary suspension, delay, or interruption of work incurred while waiting for an area to be cleared by the Sea Turtle Recovery Team shall not be construed as Standby Time,nor be just cause for additional compensation. 10212723 35 48 30 1/31/2023 Page 2 of 3 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 4. All turtles,turtle nests, or turtle eggs found within the work area shall be safeguarded until they can be relocated by Regulatory or other authorized personnel. Contractor shall not handle dead/stranded sea turtles. 5. Outside of the immediate work area, ruts and berms created by Contractor's equipment shall be smoothed out each day so that turtle tracks can be better identified and to prevent small turtles from becoming entrapped. If ruts are to be smoothed by non-manual means, Contractor's patroller shall check for nesting turtles or tracks prior to smoothing the area. 6. During turtle nesting season,no equipment shall be staged on the beach overnight. Loose sections of dredging pipeline shall not be stored on the beach overnight. 3.02 INCIDENTAL TAKES A. General: Should an incidental sea turtle take(injury or killing) occur as a result of Work, dredging operations shall cease and Owner and Engineer shall be notified immediately. B. Notification: In the event that any Work within beach nourishment area causes the direct take of a sea turtle,hatchling, and/or eggs, Contractor shall immediately notify the USACE Corpus Christi Regulatory Field Office; USFWS Ecological Field Office (Dayma Wasmund@fws.gov, 361-225-7318); the National Marine Fisheries Office-St. Petersburg (727-824-5312); and the Sea Turtle Science and Recovery Program (Dr. Donna Shaver, 1-866-TURTLE-5). 3.03 RESTRICTIONS ON LIGHTING A. Dredges: March 15 through October 1 is sea turtle nesting and emergence season. Lighting aboard dredges operating within 3 nmi of shore shall be limited to the minimal lighting necessary to comply with U.S. Coast Guard and OSHA requirements. B. Beach Nourishment Area: Use of night lights shall be minimized. All lights shall be directed towards the immediate Work area and shielded from direct view outside of the immediate Work area. END OF SECTION 10212723 35 48 30 1/31/2023 Page 3 of 3 DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID:CDFF3BFF-1458-467D-9F46-OFE09A6125DF DRAWINGS SHEET INDEX OPf (,,LNP�A( ANL) 1 �,D f 1Lf,, ��AL PLAN ANID' KE r 101, 4, E'N L A i,�'I') t�'Xl',',I I IG ',>I[E' f,1AN I L I J LA D f i/N 6 ,,M PLAN E NL AE� L) Ex, T L t L G `,]TE FTAN EN L A R6 F 0 [ x P/I I N ' t'[L a`L,A N 4 8--e�LMEMENT AF,'EA E')W,-,FAn, 9 L)f,,,)�,0 f,!I/i G, PLAN I J)ki f-)6fN6 PLA[v 5 1"'1", bf-�'L PLAN 4 LM. Fq An ME N T A RFA ATAGH NWIGHMM7 14 IrPlf:,Al, ',)(,( 001'j, /I JO I 1 5 I r HC.A F,C I lf)/VAPIL) DE TAIL'S 16. IAT DGING CROSS SECHNS A r7 ["*1 F;(") �',,F rf(:)N�J 20. LIAEDGM CROSS SEC TOW E 21 JAE 0;MG CROnS W WPM 22, 66'� E TV)N n 6 z DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID:CDFF3BFF-1458-467D-9F46-OFE09A6125DF APPENDIX 1 U.S. ARMY CORPS OF ENGINEERS PERMT DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF /• DEPARTMENT OF THE ARMY GALVESTON DISTRICT,CORPS OF ENGINEERS 5151 FLYNN PARKWAY,SUITE 306 CORPUS CHRISTI,TEXAS 78411-4318 October 13, 2020 Corpus Christi Regulatory Field Office SUBJECT: Permit Application — SWG-2011-00159 City of Corpus Christi Attn: Mr. Jeffrey Edmonds P.O. Box 9277 Corpus Christi, Texas 78469-277 Dear Mr. Edmonds: The above numbered permit has been approved and a signed copy is enclosed for your retention. Also enclosed is a copy of "Notice to Permittee" which provides important information for permit administration. You should notify the District Engineer, in writing, upon completion of the authorized work. To assist us in improving our service to you, please complete the survey found at: http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0 Sincerely, HUDSON.JAYSO Digitally signed by HU DSON.JAYSON.MATTHEW. N.MATTH EW.112 1124198751 Date:2020.10.13 11:0520 4198751 -05'00' Robert W. Heinly Chief, Policy Analysis Branch cc w/Encl. HDR Engineering, Inc. Attn: Ms. Nicole Davis 555 North Carancahua, Suite 1600 Corpus Christi, Texas 78401-0849 EPA Kaspar.Pau l()-epa.gov; maria.martinez(a)_epa.gov Texas Commission on Environmental Quality (TCEQ) 401 Certs(cD-tceg.texas.gov United States Coast Guard (USCG) d8dpball(c-uscg.mil National Ocean Service (NOAA) tara.wallace(a-noaa.gov DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF DEPARTMENT OF THE ARMY PERMIT Permittee City of Corpus Christi Permit No.— SWG-2011-00159 Issuing Office Galveston District NOTE: The term"you" and its derivatives, as used in this permit,means the permittee or any future transferee. The term "this office"refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: The applicant will maintenance dredge approximately 18,500 linear feet(3.5 miles)of the Packery Channel. The dredging will be to a depth of-14 feet NAVD 88 (-13.5 feet MLLW)plus 2 feet allowable over depth within the outer reach of the 122-foot wide channel section, and-7 feet NAVE) 88 (-7.2 feet MLLW)plus I foot allowable over depth within the outer reach of the 80-foot wide channel section.No changes from the original Federal project dimensions are proposed. Maintenance dredging will be conducted using hydraulic and/or mechanical methods on the water from barges,and approximately 400,000 cubic yards of material will be dredged. Suitable beach-quality sand from the dredging activities will be placed along the Gulf beach between Packery Channel and Viento Del Mar, approximately 7,600 feet and a total of 90 acres.Nourishment of the beach will measure approximately 300 feet wide seaward of the existing seawall.If a cutterhead dredge is used,the dredge material will be transported to the Gulf beach through a temporary pipeline. If mechanical dredging is used,material will be placed in scows(barge vessels)and then the scows will be anchored offshore of the Gulf beach in deep water.The location of the scows offshore of the Gulf beach is unknown currently. The material will then be transported from the scows onto the beach using a temporary pump- out station and pipelines. The project will be conducted in accordance with the attached plans, in 8 sheets, and the attached biological opinion,in 33 sheets. Project Location:The project site is located in Packery Channel from the Gulf end of the jetties to the Gulf Intracoastal Waterway (GIWW),Nueces County.The project can be located on the U.S.G.S quadrangle maps titled:Port Aransas,Texas and Estes,Texas.. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on 31 December 2025 If you find that you need more time to complete the authorized activity,submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity,although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer,you must obtain a modification of this permit from this ENG FORM 1721,NOV 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 325(Appendix A)) 1 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF office,which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit,you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. if you sell the property associated with this permit,you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project,you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience,a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: 1. The permittee understands and agrees that if future operations by the United States require the removal, relocation or other alteration of the structure or work herein authorized,or if,in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers,to remove,relocate or alter the structural work or obstructions caused thereby without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2.When structures or work authorized by this permit are determined by the District Engineer to have become abandoned,obstructive to navigation or cease to be used for the purpose for which they were permitted,such strictures or other work must be removed,the area cleared of all obstructions,and written notice given to the Corpus Christi Regulatory Field Office,within 30 days of completion. 3. The permittee must install and maintain, at the permittee's expense, any safety lights, signs and signals required by the U.S. Coast Guard, through regulations or otherwise, on the permittee's fixed structures. To receive a U.S. Coast Guard Private Aids to Navigation marking determination, at no later than 30 days prior installation of any fixed structures in navigable waters and/or prior to installation of any floating private aids to navigation,you are required to contact the Eighth Coast Guard District(dpw),500 Poydras St. Suite 1230, New Orleans,LA 70130, (504)671-2328 or via email to:D8oanPATON@uscg.mil. For general information related to Private Aids to Navigation please visit the Eighth Coast Guard District web site at: http://vAvw.uscg.mit/d8/watetways/PATON.Home.asp. 4. This Corps permit does not authorize the taking of an endangered species. In order to legally take a listed species,the Permittee must have separate authorization under the ESA (e.g., an ESA section 10 permit, or a BO under ESA section 7, with "incidental take" provisions with which you must comply). The enclosed Biological Opinion,and the 26 December 2019 FWS letter of concurrence contain conservation measures and terms and conditions to implement the reasonable and prudent measures that are necessary to assure that threatened and endangered species are not adversely affected.Failure to comply with the terms and conditions will constitute non-compliance with the Permittee's Corps permit. However, the FWS is the appropriate authority to determine compliance with the terms and conditions of its letter of concurrence,and with the ESA. For further clarification on this point,the Permittee should contact the FWS. Should the FWS determine that the conditions of the letter of concurrence have been violated,normally the FWS will enforce the violation of the ESA,or refer the matter to the Department of Justice. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X)Section 10 of the Rivers and Harbors Act of 1899(33 U.S.C.403). (REVERSE OF ENG FORM 1721) 2 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF (X)Section 404 of the Clean Water Act(33 U.S.C. 1344). ()Section 103 of the Marine Protection,Research and Sanctuaries Act of 1972(33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal,state,or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability.In issuing this permit,the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons,property,or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification,suspension,or revocation of this permit. 4. Reliance on Applicant's Data:The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision.This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include,but are not limited to,the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false,incomplete,or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office,and if you fail to comply with such directive,this office may in certain situations(such as those specified in 33 CFR 209.170)accomplish the corrective measures by contract or otherwise and bill you for the cost. (REVERSE OF ENG FORM 1721) 3 DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision,the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below,as permittee,indicates that you accept and agree to comply with the terms and conditions of this permit. tally.—gi Yleff Edmonds DN"`•�/F ;K21�lvcoa,-j'ff Edmonds,o-City of Corpus CM1ristl,ou=Engineering Services, ' ma��-,aff.e�E�«,e.aa�om,�-�s •10/9/202 oto 0 09 s os 3,as as (PERMITTEE) (DATE) JEFFREY EDMONDS DIRECTOR OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI This permit becomes effective when the Federal official,designated to act for the Secretary of the Army,has signed below. HUDSON.JAYSON.MA TTHEW.1124198751 (DISTRICT ENGINEER) (DATE) ROBERT W.HEINLY CHIEF,POLICY ANALYSIS BRANCH REGULATORY DIVISION FOR COLONEL TIMOTHY"R.VAIL When the structures or work authorized by this permit are still in existence at the time the property is transferred,the terms and conditions of this permit will continue to be binding on the new owner(s)of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below. (TRANSFEREE—Typed/Printed Name) (DATE) (TRANSFEREE-Signature) (Mailing Address) (REVERSE OF ENG FORM 17 DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF 1 of 8; SWG-2011-00159 S E P 18 2017 0 ZZ ¢o z U O z co Z v W Z za z,Ok Od W d 2n O IL z 00 i wa h w4 �@ CL (L'W N S �' Ld < W U7 a 73 z com L) w z o w z p F o Q 9F v 'ter iuj c x v) N ZZd— �- - �GJ z C' � C W CjQ °l� 6 oa LL j40Lj X i k, 10 1 W `Y th�"':b #V� �l iy�. ' �b'Y'> Jk' I'�z'�`'---.v._....--...._.�, ,v r�"e'v n z P ¢ L o N Ca Y'A f-rR �. )✓ I y d 1 dJb MI k}>. 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FO a M,0 z U5 < z P < U) 0 wz R z 0 z z < 08, �i. 0 P, 0 U) C'a c <w 'm 0 E� Q� 0- wa 6 C, NZ<< 0 -0 ad Cl< Li L) z w -w m z Li Li < co z Z z :E MZ mb wa zZ zmz tir Z z =ON5 w , z0 Z <w t :h z m < Z� Qz z z Mw > Z!R WO az- M,, E, I- 0 2 w=- wW 04-� w OZ mo z z X0 0 , Z, LL 2:5 w 6M z 2, OL zi z z 0 Z5 FL Ja Z V, �7 ari Rw E OOP Z z 0 z C.m m OQZI uj 0 CL tD DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF 8 of 8; SWG-2011-00159 SEP 18 2017 0 Z, Qoa0 NND L,j (n z 0 a_ Tn z On z z z co ii [Lz u0 wz z i.q ui zi _ c� 0", w< > (D 1) (A 0 22 0 c z oo Nm A r So I— IL 0< 4 o QL� 0 LIj 0 om a) m 'o <o 0 Lj wz iE cL oz C19 Z Lo zc mc mo IL xw cr oz LU z m c a 4 c) �< 0 �o UJ z w m CL ce NZ 3 < P cL —T w O o<u d 0 _z z w< 5s 6>-m M o u, V) T ca Lm, z �Eo o Ln 0 z D x cL CD z 4W zx < z x Ld Lu w< m LIj 0 o>- <= w t LL Z c uj ,a: DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF VA OF��a� Fran x wiirna eE � United States Department of the Interior FISH AND WILDLIFE SERVICE yea Texas Coastal Ecological Services Field Office " 4444 Corona Drive Suite 215, Corpus Christi, Texas 78411 361/994-9005(Fax)361(994-8262 In Reply Refer To: 2-11-02-F-255-R1 December 26, 2019 Kristi N. McMillan Interim Supervisor Corpus Christi Regulatory Field Office U.S. Army Corps of Engineers P.O. Box 1229 Galveston, TX. 77553-1229 Dear Ms. McMillan: This document transmits the U.S. Fish and Wildlife Service's (Service) FINAL biological opinion (BO) based on our review of the Packery Channel maintenance dredging and beach nourishment project (PL 106-53) located in Nueces County, Texas, and its effects on the Kemp's ridley sea turtle (Lepidochelys kempii), green sea turtle (Chelonia mydas), loggerhead sea turtle (Caretta caretta) and red knot (Calidris anutus rufa) in accordance with section 7 of the Endangered Species Act(Act) of 1973, as amended (16 U.S.C. § 1531 et seq.). We received your letter dated requesting formal consultation on January 20, 2019. This biological opinion is based on information provided in the Final Assessment of Potential Impacts to Threatened and Endangered Species Packery Channel Maintenance Dredging and Beach Re-Nourishment, Nueces County, Department of the Army Revised Permit Application SWG-2011-00159 by City of'Corpus Christi, January 2019 (BA), project proposal, available literature, personal communications with U.S. Army Corps of Engineers (USACE) staff and other sources of information. A complete record of this consultation is on file in the Texas Coastal Ecological Services Field Office in Corpus Christi, Texas. Consultation History—See Appendix 1. DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 2 BIOLOGICAL OPINION I. Description of the Proposed Action Purpose of Project and Location Purpose The proposed action requiring the assessment is the re-issuance of the July 19, 2011, Department of the Army (DA) permit SWG-2011-00159 to the City of Corpus Christi. The permit will authorize a 10-year maintenance-dredging plan and beach nourishment with beach quality sand. The permit did not authorize work to be conducted during sea turtle season (March 15 to October 1)therefore, the City is seeking permission to conduct work during the sea turtle nesting season and proposed best management practices (BMP's) to minimize the potential effects. Project Location The maintenance dredging and beach nourishment project area is located on North Padre Island. Nueces County, Texas. Dredging will occur within Packery Channel for approximately 3.7 miles, from the Gulf of Mexico westward toward the Gulf Intercoastal Waterway. The proposed nourishment will occur south of Packery Channel in front of the Padre Island seawall along the beach to Viento Del Mar Drive (approximately 1.5 miles). Figure 1 Action Area For the purpose of this BO the Service has defined the action area from the northern boundary of Packery Channel from the Gulf of Mexico to the Gulf Intercoastal Waterway where dredging will occur. Then south of Packery Channel to along the beach to Viento Del Mar(Figure 2). The action area also includes portions of two piping plover critical habitat units, TX-6 and TX-7 (Figure 3), as described below. Unit TX-6: Mollie Beattie Coastal Habitat, 935 ha(2,310 ac) in Nueces County (65 FR 41790, July 6, 2000). Unit TX-6 is not likely to be impacted by the project since all activities along this area will be in the channel proper and will consist of hydraulic and/or mechanical dredging. Unit TX-7: Newport Pass/Corpus Christi Pass Beach, 200 ha(494 ac) in Nueces County (65 FR 4179, July 6, 2000). This unit comprises Gulf beach approximately 8.5 km long. The unit stretches from near the entrance of Zahn Road onto the beach to Fish Pass to the north. TX-7 will most likely be impacted by the placement of dredged material beach nourishment south of Packery Channel. The area of beach in front of the seawall will be temporarily disturbed by beach nourishment maintenance activities. DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 3 Proposed Project The City will conduct maintenance dredging of approximately 400,000 cubic yards (CY) of beach quality sand within Packery Channel, approximately 3.7 miles, with subsequent placement along 1.5 miles of the Gulf beach between Packery Channel and Viento Del Mar Drive. A hydraulic cutterhead dredge or a bucket dredge will be used to remove sand and convey the material, via pipeline, to the beach nourishment area. If mechanical dredging is used, material will be placed in scows (large vessels) and then the scows will be anchored offshore of the Gulf beach in deep water. The location of the scows offshore of the Gulf beach is unknown at this time. The material will then be transported from the scows onto the beach using a temporary optional pump-out station, located between Whitecap Blvd. and Viento Del Mar, instead of being directly pumped via continuous pipeline. The maintenance dredging will remove approximately 18,500 linear feet (3.5 miles) of shoaled materials returning the channel to the authorized depths of-13.5 feet mean lower low water (MLLW) plus 2 feet allowable over depth within the outer reach of the 122-foot-wide channel section and; 7.2 feet MLLW plus 1 foot allowable over the depth within the outer reach of the 80-foot-wide channel section. Channel side slopes will be maintained at 3:1. Dredged suitable beach quality sand will be placed along the Gulf beach into the surf zone between Packery Channel and Viento del Mar approximately 7,600 feet in length approximately 3 feet deep and totaling 90 acres. Nourishment of the beach would measure approximately 300 feet wide seaward of the existing seawall. Dredged sand will be placed on the beach using pipeline brought to the project using trucks. A temporary staging area for equipment will be established in an unvegetated area adjacent to the south jetty. The staging area would not overlap the dunes, and would measure approximately 2 acres. No wetlands or aquatic resources will be impacted by the project. Conservation Measures USACE and the City propose to implement conservation measures to avoid or minimize impacts to listed species as part of the proposed project. These conservation measures will be described under the individual species sections. Consultation History On February 23, 2003, the Service and USACE consulted (2-11-02-F-255) on the dredging of Packery Channel and the placement of beach nourishment in six placement areas (See attached BO). Impacts resulting from construction, dredging and maintenance were analyzed on three sea turtle species, the green, loggerhead and Kemp's ridley and the piping plover. The maintenance dredging volume for the 50-year life of the project was estimated to be 11,057,500 CY. (Please refer to the 2003 BO for status of species and anticipated impacts.) Incidental take issued for three sea turtles and the piping plover, was expressed in loss of habitat and designated critical habitat, not individual animals. Conservation measures and terms and DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 4 conditions addressed dredging and future maintenance. Sea turtles The Service concluded that incidental take of sea turtles would be difficult to detect however, the level of take could be anticipated by the loss and disturbance of suitable turtle nesting beach habitat because: (1) turtles nest within the proiect site; (2) sediment disposal during the construction phase would likely occur during a portion of the nesting season; (3)the sediment disposal project would modify the incubation substrate, and beach slope and (4) artificial lighting would disorient nesting females and hatchlings. The Service anticipated the permanent loss of approximately 2.1 acres of nesting sea turtle beach habitat due to channel construction. Total of 55.4 acres of nesting sea turtle beach habitat would be indirectly impacted from new work and maintenance dredge material being placed in disposal areas PA4S and PA4N. (Figure 4) Approximately 20 acres or less was anticipated to be temporarily disturbed by placement of material approximately every two years. Work during the sea turtle season was not addressed. For the purpose of this BO, 90 acres of beach habitat will be impacted by placement of nourishment in PA4S only, which will exceed the acres (55.4 acres) of incidental take issued in 2003 for sea turtles under consultation 2-11-02-F-255 for both PA4N and PA4S. Due to the increase in sea turtles nesting along the Texas coast, and authorization to work during the sea turtle season is being sought by the City (March 15 to October 1), incidental take of individual sea turtles and nest/eggs would also be appropriate. Piping Plovers The Service anticipated incidental take of non-breeding piping plovers would be particularly difficult to detect, but the level of take of these species could be anticipated by the loss and disturbance of suitable piping plover beach habitat, because (1) piping plovers forage, roost and rest within the project. The Service anticipated the permanent loss of approximately 8.3 acres piping plover beach habitat because of channel construction and the temporary impact of approximately 57.3 acres of foraging and roosting piping plover habitat approximately every 2 years during beach sediment disposal and nourishment activities within PA4N and PA4S. A total of approximately 2.1 acres of designated critical habitat within TX-7 would be directly and permanently impacted. A total of approximately 31.6 acres of designated critical habitat acres within TX-7 critical habitat unit will be temporary disturbed by new work and maintenance during material being placed on PA4N and PA4S. For the purpose of this BO, 90 acres of beach habitat will be impacted by placement of nourishment in PA4S only, which will exceed the acres (57.3 acres) of incidental take issued in 2003, under consultation 2-11-02-F-255 for both PA4N and PA4S. DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 5 Red knot The red knot was not listed at the time of the original BO, therefore, will be analyzed in this consultation with similar measures and terms and conditions to the piping plover will apply. Since both the piping plover and red knots utilize the same type of habitat, similar take of habitat is anticipated for the red knot in this BO. II. Status of the Species/Critical Habitat Sea Turtles Please refer to the 2003 BO, attached, for the status of the green, loggerhead and Kemp's ridley sea turtles. There is no designated sea turtle critical habitat along the Texas coast. The USACE and City propose to implement the following conservation measures to avoid and minimize impacts of the project. Conservation Measures On-shore Sea Turtle Avoidance Plan a. Placement of material for beach nourishment purposes should be conducted whenever possible, outside of sea turtle nesting season(March 15 to October 1). b. Material placed on the beach should be beach quality sand consistent with grain size, color and composition with the existing beach sand, and free of hazardous contaminants. c. Sand will be placed and maintained at a gradual slope to minimize scarping. d. After project completion, mud or wind tidal flats and/or project sites seaward of MHT should be restored to pre-construction contours and ruts leveled. e. If beach nourishment activities must occur within sea turtle nesting season (March 15- October 1)the following on-shore conservation measures should be followed. i. The City of Corpus Christi will ensure that daily turtle patrols of the proposed beach nourishment area are continuously conducted each day until the project is complete or sea turtle nesting season has ended. This includes areas along the eroding public beach within the approximately 1.4 miles south of the Packery Channel Jetties. A qualified monitor will be onsite during beach nourishment construction activities in case a turtle or turtle nest is found. If a turtle or turtle nest is located, beach nourishment activities will immediately cease within 100 feet of the sighting location, and a qualified monitor will call the Sea Turtle Science and Recovery Program at Padre Island National Seashore (1-866-TURTLE-5)to report the sighting. DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 6 ii. Beach nourishment activities will not recommence within 100 feet of the nest site until a designee from the Sea Turtle Science and Recovery Program at Padre Island National Seashore has arrived on site and has given approval to do so. Information regarding the qualifications of the independent qualified monitor will be submitted to the T igAC".F._ Cmmuc C'hricti Reoidntnry Field Office (C'.C'RFCI) snri gnnrnvPrl nrinr to start of work within the permit area. The City and their contractor will honor this commitment to cease activities within 100 feet of the nest site for a period of no greater than 3 hours. If a designee from the Padre Island National Seashore has not arrived onsite within 3 hours of receiving the report from the City, the City stated that its staff will flag the nest area and recommence work, making sure the nest site is avoided. iii. Prior to the start of work each day, the City will ensure that the contractor and monitors inspect the beach adjacent to and along work areas. Before work begins each morning during work, and after work concludes each day. No equipment shall enter a work area until an initial survey has been performed and they are notified by the monitor that it is clear to proceed. iv. All turtles, turtle nests, or turtle eggs found by monitors will be safeguarded until they can be re-located by the Sea Turtle Science and Recovery Program at Padre Island National Seashore (1-866-TURTLE-5). v. Monitors will inspect the beach for turtle barriers, such as escarpments, ruts, and berms formed by beach nourishment equipment. Ruts and berms will be smoothed out to a target height of 2 inches (5.08 centimeters) or less so that turtle tracks can be better identified and to prevent small turtles from becoming entrapped. If ruts are to be smoothed with a backhoe or tractor, a monitor will check for nesting turtles or tracks prior to smoothing the area. vi. In the event a take occurs on the beach, the City will immediately notify the USACE- CCRFO, the Service's Texas Coastal Field Office-Corpus Christi area, and the National Marine Fisheries Office-St. Peterburg. f. Construction personnel and relevant City representatives will be required to attend a half- day training session at least 60 days prior to initiation of construction activities or scheduled class times set by the PAIS. The training session will be coordinated by the City, NPS and Service personnel staff to learn how to identify nesting sea turtles and what actions should be taken if turtles are observed. The scope of training will include: 1) identification of different turtle species, 2) recognition of turtle tracks, 3) basic procedures for recording turtle information if a turtle returns to the water prior to the DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 7 arrival of the turtle patrol team, 4) protection of nests, 5) contact information for different rescue agencies in the area. Documentation of this training including a list of attendees will be submitted to the USACE, CCRFO prior to start of work in the permit area. g. Materials and equipment required for the project will be staged in upland areas and transported as needed to the proposed work sites. The temporary overnight storage of earthmoving equipment on the beach is allowed, as necessary, when work is conduced outside of the turtle nesting season (Marchl5-Octoberl). h. Construction vehicles will access the beach from public roads closest to the work sites to reduce unnecessary transport along the beachfront. Drive-avers will be constructed of beach-quality sand at these access points to ingress and egress the work sites only. i. The number of vehicles transiting from upland areas to the project sites will be kept to a minimum. All vehicles will use the same pathways. Access will be confined to the immediate project areas. Construction/repair activities will occur from the landward side of the beach nourishment area whenever possible. No work will continue after dark. j. The City will ensure that public education signs are posted at strategic locations in the project area. Information to be included in the signs and placement locations will be coordinated with the Sea Turtle Coordinator at the Padre Island National Seashore. These signs shall contain information on both the importance of protecting sea turtles and on what to do and whom to call with turtle sightings. k. In the event a take occurs, the City will immediately notify both the USACE-CCRFO and the Service-Texas Coastal Field Office-Corpus Christi Area. During peak nesting season (May-July), monitors will be required to be onsite during all construction activities. If a take occurs outside the peak season, the City will be required to a monitor present with each work crew, while machinery is in operation. Analysis of the species/critical habitat likely to be affected Adverse impacts to adult,juvenile, hatchlings, and nests and eggs of the green, loggerhead and Kemp's ridley sea turtles are similar as described in the 2003 BO. Potential effects still include destruction of nests deposited within the boundaries of the proposed project; harassment in the form of disturbing or interfering with females attempting to nest along the beach sections to be nourished; disorientation of hatchling turtles on beaches as they emerge from the nest and crawl to the water through deep ruts caused by vehicles; and, behavior modification of nesting females due to escarpment formation within the project area during a nesting season causing false crawls or use of marginal or unsuitable nesting areas to deposit eggs. The quality of the placed sand could affect the ability of female turtles to nest, the suitability of the nest incubation environment, and the ability of hatchlings to emerge from the nest. DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 8 However, due to the increased nesting success since 2003, the possibility of missing a nest during patrols is highly possible and the accidental damage or destruction of a nest that includes hundreds of eggs can occur. The likelihood of an adult sea turtle or an emerging hatchling being injured by a maintenance vehicle or placement of the pipeline has also increased over the years. Piping Plover Please refer to the 2003 BO (attached) for piping plover status and designated critical habitat descriptions. Wintering piping plovers are known to occur on the beaches within the study area as they were before. However, due to erosion of the beach in front of the seawall, may have reduced suitable piping plover habitat. On the wintering grounds, plovers seem to show site fidelity, returning to the same stretch of beach year after year (Noel and Chandler 2008; Stucker et al. 2010). Individual plovers are known to use about 3,000 acres, moving two miles or more between foraging sites as tidal movements shift the availability of productive tidal flats on the lower Texas coast. Recent studies show more stringent site fidelity with individual birds returning approximately 400 feet in lateral distance on the beach each year (Amos 1989; Gratto-Trevor et al 2012; Service 2015). Based on the 2011 winter census report(Elliot-Smith et al. 2015), a total of 3,973 piping plovers were observed across the survey area that spans the United States, Mexico, Bahamas, Cuba, and Puerto Rico. Of this count approximately 75% of the plovers occurred in the United States, with 54% of the plovers wintering along the Texas Gulf coast. Conservation Measures a. Material placed on the beach should be beach quality sand consistent in grain size, color and composition with the existing beach sand, and free of hazardous contaminants. b. Sand should be placed and maintained at a gradual slope to minimize scarping. c. After project completion, mud or wind tidal flats and/or project sites seaward of the mean high tide line should be restored to pre-construction slope or contours, and ruts leveled. d. Materials and equipment required for the project will be staged in upland areas and transported as need to the proposed work sites. The temporary overnight storage of earthmoving equipment on the beach is allowed, as necessary, when work is conducted outside of turtle nesting season (March 15-October 1). e. Construction vehicles will access the beach from public roads closest to the work sites to greatly reduce unnecessary transport along the beachfront. Drive-overs will be DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 9 constructed of beach—quality sand at these access points to ingress and egress the work sites only. f. The number of vehicles transiting from upland areas wot the project site will be kept to a minimum, all vehicles will use the same pathways, and access will be confined to the immediate project areas. Construction/repair activities will occur from the landward side of the beach nourishment area whenever possible, and no work will continue after dark. g. The USACE intends to condition any permit issued to the City for this work to include a provision that construction personnel and relevant City representatives must be provided information as to the identification, status and habitat utilization of this species. To accomplish this, the City will arrange a training course at least 60 days prior to initiation of construction activities with the Service-Texas Coastal Field Office-Corpus Christi Area. The scope of the training will include 1) Identification of piping plovers, 2) Recognition of piping plover habitat 3) Basic procedures for recording piping plover information 4) Contact information for different rescue agencies in the area. Documentation of this training, including a list of attendees, will be submitted to the USACE, CCRFO prior to start of work in the permit area. h. The City will ensure that public education signs are posted at strategic cations in the project area. These signs shall contain information on both the importance of protecting piping plovers and on what do and whom to call in the event a piping plover sighting occurs. i. If construction is to commence between August 1-May 1, the City will be survey for piping plovers immediately prior to the start of construction operations. If the construction phase will be conducted during the piping plover wintering season. August IMay 1, the service at its discretion, may initiate surveys for foraging and roosting plovers. j. If future beach nourishment is to be conducted during the piping plover wintering season (August 1-May 1) surveys for wintering piping plovers will be coordinated with the Service prior to placement. A monitoring plan will be developed in coordination with the Texas Coastal Ecological Services Field Office-Corpus Christi Office and will include pre, during, and post surveys. Analysis of the species/critical habitat likely to be affected Adverse impacts to piping plovers are similar to those described in the 2003 BO. Potential effects include harassment in the form of disturbing or interfering with plovers attempting to forage on adjacent beaches as a result of beach nourishment activities; behavior modification within the project area resulting in excessive energy expenditures or displacement of birds to DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 10 unsuitable sites, increased foraging behavior, or situations where they choose marginal or unsuitable resting or foraging areas. Artificial sand placement has occurred along at least 684.8 miles of sandy beach habitat in the continental wintering range of the plover (Service 2015). Dredged sediment can temporarily affect the macro invertebrate prey base that is essential for foraging by wintering and migrating plovers. Dredge material must closely match the native material on the beach_ such as a similar grain size and composition_ or else the incompatibility may result in modifications to the macro invertebrate community structure (Peterson et al. 2006). Red Knots Red knots (Calidris canutus rufa) was federally listed as threatened on December 11, 2014 (79FR 73706). No critical habitat has been designated by the Service. Threats are from habitat destruction and modification throughout its range caused by sea level rise, shoreline stabilization and coastal development. Along the Texas coast, wintering red knots forage on beaches, oyster reefs, exposed bay bottoms and extensive tidal flats on the bay side of the barrier island. They roost on high sand flats, reefs, and other sites protected from high tides. Preferred wintering and stopover habitat includes muddy or sandy coastal areas; specifically the mouths of bays and estuaries, tidal mudflats, tidal inlets, salt marshes, shallow coastal impoundments and lagoons, sand pits, islets, shoals sandbars and along sandy, gravel or cobble beaches. Wintering red knots eat hard-shelled mollusks. Their diet is sometimes supplemented by accessible softer invertebrates such as shrimp and crab- like organisms, and marine worms (Service 2014). The Texas Gulf Coast provides wintering habitat as well as spring and fall migration stopover areas for the red knot. It is estimated that approximately 2,000 red knots currently winter along the Texas coast, particularly along the Laguna Madre (Service 2014). Conservation Measures a. Material placed on the beach should be beach quality sand consistent in grain size, color and composition with the existing beach sand, and free of hazardous contaminants. b. Sand should be placed and maintained at a gradual slope to minimize scarping. c. After project completion, mud or wind tidal flats and/or project sites seaward of the mean high tide line should be restored to pre-construction slope or contours, and ruts leveled. d. Materials and equipment required for the project will be staged in upland areas and transported as needed to the proposed work sites. The temporary overnight storage of earthmoving equipment on the beach is allowed, as necessary, when work is conducted outside of sea turtle season (March 15 —October 1). DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 11 e. Construction vehicles will access the beach from public roads closest to the work sites to greatly reduce unnecessary transport along the beachfront. Drive-avers will be constructed of beach-quality sand at these access points to ingress and egress the work sites only. f. The number of vehicles transiting from upland areas to the project sites will be kept to a minimum, all vehicles will use the same pathways, and access will be confined to the immediate project areas. Construction/repair activities will occur from the landward side of the beach nourishment area whenever possible, and no work will continue after dark. g. The USACE intends to condition any permit issued to the City for this work to include a provision that construction personnel and relevant City representatives much be provided information as to the identification, status and habitat utilization of this species. To accomplish this, the City will arrange a training course at least 60 days prior to initiation of construction activities or attend the regular scheduled classes given by PAIS. The scope of the training will include 1) Identification of red knots, 2) recognition of red knot habitat 3) basic procedures for recording red knot information 4) Contact information for different rescue agencies in the area. Documentation of this training, including a list of attendees, will be submitted to the USACE, CCRFO prior to start of work in the permit area. h. If construction is to commence between August 1-May 31, the City will survey for red knots immediately prior to the start of construction operations. If the construction phase will be conducted during the red knot wintering season, August 1-May 31, the Service at its discretion may initiate surveys for foraging and roosting red knots. i. If future beach nourishment is to be conducted during red knot wintering season, (August 1-May 31) surveys for wintering red knots will be coordinated with the Service prior to placement. A monitoring plan will be developed in coordination with the Service's Texas Coastal Field Office-Corpus Christi area and will include pre-during-and post- surveys. Analysis of the species/critical habitat likely to be affected The effects of beach nourishment activities on the red knot are expected to be similar to the piping plover. They are subject to regular displacement by the public use of beaches and erosion caused by wind and surf. When unable to use inundated tidal flats, they will use the beach habitats. Impacts from beach nourishment activities are expected to occur after October 1 and into the winter months when red knots are more likely to be found at the project site. Red knots could be temporarily displaced causing them to take flight, but the birds should be able to move to other suitable nearby locations where activities are not occurring. They could also be DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 12 potentially impacted with modifications to the prey base from sand nourishment activities and post-construction conditions, which may not be immediately suitable for foraging. It is unknown how long the restored beach will take to become suitable foraging habitat. Further, the restored beach is anticipated to have a range of depths less than 1 meter. Because the beach restoration will utilize native sediments, from the same coastal system and at depths less than 1 meter, the nronosed nroiect is not anticipated to modify the henthic fauna preyed upon by pining plovers_ and the restored beach should be considered an increase in winter habitat. , piping V 1 No critical habitat has been designated for red knots. Environmental Baseline Under section 7(a)(2) of the Act, when considering the effects of an action on Federally-listed species, the Service is required to take into consideration the environmental baseline. The environmental baseline includes past and ongoing natural factors and the past and present impacts of all Federal, State, or private actions and other human activities in the action area, including Federal projects in the action area that have already undergone section 7 consultation and the impacts of State or private actions which are contemporaneous with the consultation in process (50 CFR § 402.02). Sea Turtles According to the National Park Service's sea turtle report for North Padre Island in 2018, there were 13 Kemp's ridley nests, one green sea turtle nests and no loggerhead, hawksbill, or leatherback nests (National Park Service (NPS) 2018), therefore, are expected to occur within the project area. This area is also an area addressed under the City's beach maintenance BO(21410-2006-F-0265) issued September 5,2008. Incidental take was issued for 3 Kemp's ridley sea turtle nests per year, including all hatchlings and/or eggs (approximately 100 to 110 eggs per nest) could be taken; 1 loggerhead sea turtle nest per year, including all hatchlings and/or eggs (approximately 100 to 125 eggs)could be taken; and 1 green sea turtle nest per year, including all hatchlings and/or eggs(approximately 110 to 115 eggs) could betaken. Piping Plovers/Red Knots Surveys during 2011-2012 were approximately weekly from the south jetty at Packery Channel to Bob Hall Pier. Surveys in the same area 2012-2013 were not conducted weekly for the duration, but were approximately weekly from late July through October and March through April. Piping lovers and red knots were detected along the entire stretch of beach with piping plovers detected more frequently and more widespread than red knots. Piping plovers were detected on 90 surveys whereas red knots were detected on 8. In 2011-2012, 132 piping plovers were detected (mean = 1.5 birds/count for surveys with >1 bird). Four piping plovers were detected in 2013. Most were solitary and the maximum number detected along the route during one survey was 18. Piping plovers were most frequently detected in DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 13 roosting flocks close to the south jetty at Packery Channel and approximately l mile south of the south jetty. A total of 61 (mean =7.6 birds/count for surveys with>1 bird) red knots were detected in 2012. Red knots were typically detected in small groups, with up to 26 birds detected during one survey. The piping plover was also assessed under the City's beach maintenance BO(21410-2006-F-0265) issued September 5, 2008, and it was determined the beach maintenance activities"may affect, but not likely to adversely affect the piping plover. However, critical habitat was assessed and it was determined it would not be adversely modified. No take was issued for piping plovers or piping plover habitat. The red knot was not listed at the time and will need to be addressed. Factors affecting species environment within the action area A wide range of past, recent and on-going beach disturbance activities have altered the proposed action area and, to a greater extent, the "Texas coast. Nourishment activities widen beaches, change their sedimentology and stratigraphy, alter coastal processes and often plug dune gaps and remove overwash areas. Inlet dredging activities alter the sediment dynamics on adjacent shorelines and stabilize these dynamic environments; beach disposal of dredge material further alters the natural habitat adjacent to inlets. Beach scraping, which has increased in frequency in recent years, can artificially steepen beaches, stabilize dune scarps, plug dune gaps, and redistribute sediment distribution patterns. Artificial dune building, often a product of beach scraping, removes low-lying overwash areas and dune gaps. As chronic erosion catches up to structures throughout an action area, artificial dune systems are constructed and maintained to protect beachfront structures either by sand fencing or fill placement. Inlet stabilization projects, such as jetties and groins, reduce the dynamism of overwash areas adjacent to inlets. Estuarine dredging of navigational channels can alter water circulation patterns and sediment transport pathways, as well as increase the frequency and magnitude of boat wakes; bay-side sand or mud flats may be impacted by increased erosion rates as a result. Excessive recreational use of beaches and flats may also pose a threat to the species utilizing these habitats by making them unsuitable or dangerous. The jetties become an area around which juvenile green sea turtles feed year round and adult to green and ridley sea turtle congregate at certain times increasing potential boat strikes and other human recreational activity risks from discarded debris, fishing line and baited hooks. The action area can be accessed by vehicle, on foot or by boat. Land ownership adjacent to the beach within the action area is both public and private. Several private developments have USACE permit applications currently being reviewed. They include Commodore's Cove II, located roughly one mile south of Packery Channel and 4,000 feet east of the GIWW, The Village, located roughly 2,000 feet south of Packery Channel and 2,000 feet east of the GIWW. Development increases the potential for piping plovers and sea turtles to be impacted by loss of habitat, or interference in the roosting, resting and foraging activities of wintering piping plovers DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 14 and red knots or loss of nesting sea turtle habitat or intervention of nesting activities. The presence of predator species such as coyotes, raccoons, and opposums that are common mammalian wildlife within the immediate and extended project may increase as garbage increases. All of these artione or fnrtnrc may have aclver-,e effect,, on -,en turtle-, and wintering_ non- breeding, - - - - V breeding, piping plovers and red knots by destroying, diminishing, or altering the habitats on which they depend. Effects of the Action: Sea Turtles Beneficial, direct and indirect effects are similar to those described in the original BO 2-11- 02-F-255. Please refer to that BO for detailed effects. Beneficial effects: The placement of dredged sediments on a beach may increase sea turtle nesting habitat if the material is highly compatible (i.e., grain size, color, shape, etc.)with naturally occurring sediments. However, to be purely beneficial there would need to be no negative impacts to reach that beneficial effect, which is not the case with beach nourishment. Direct effects: Dredging—It was determined in the original BO the placement of new work and maintenance dredge material on both PA4S and PA4N approximately every two years would temporarily impact approximately 55.4 acres of sea turtle habitat. Under this BO, the dredging will impact approximately 90 acres of sea turtle habitat, an increase of 34.6 acres more than the take that was previously issued. Beach nourishment-Nourishment during the nesting season can cause increased loss of offspring from human-caused mortality and, along with other mortality sources, may impact the long-term survival of the species. Please refer to 2003 BO for further description. Equipment- The placement of pipelines can create barriers to nesting females emerging from the surf and crawling up the beach, causing a higher incidence of false crawls and unnecessary energy expenditures. Artificial lighting- Lighting on the dredging vessel may deter females from coming ashore to nest, disorient females trying to return to the surf after a nesting event, and disorient and misorient emergent hatchlings from adjacent non-project beaches. This impact could be reduced by using the minimum amount of light necessary (may require shielding) or low pressure sodium DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 15 lighting during project construction. Indirect effects: Changes in the physical environment- Indirect effects include future sand migration, changes in the physical characteristics of the beach, the formation of escarpments, and the consequences of increased beachfront development. Escarpments - On nourished beaches, steep escarpments may develop along water line interfaces as the beaches adjust from the unnatural, construction profile to a more natural beach profile (USACE, 1984; Nelson et al., 1987). "These escarpments can hamper or prevent access to nesting sites. Unchecked Beach Erosion - The replacement of the natural, continuous flow of sand on and off area beaches with the transfer of the entire littoral drift at intervals of one or more years will diminish the value of these beaches as sea turtle nesting habitat. In 2-11-02-F-255, the City and USACE stated dredging, potentially every 2 years, would be used for beach erosion control, thus minimizing this potential impact. DevelopmentlRecreation - Pilkey and Dixon (1996) write that beach replenishment frequently leads to more development in greater density within shorefront communities that are then left with a future of further replenishment or more drastic stabilization measures. Increased shoreline development may adversely affect sea turtle nesting success and may support larger populations of mammalian predators, such as coyotes, raccoons, and opossums, than undeveloped areas (NRC, 1990). Analysis for Effects of the Action: Piping Plovers and Red Knots Beneficial, direct and indirect effects are similar to those described in the 2003 BO, consultation number 2-11-02-F-255. Please refer to that BO for detailed effects. Beneficial effects: The Service is not aware of any beneficial effects of the action within the project area for piping plovers or red knots. Direct effects: Dredging—As described in the original BO total indirect impacts to piping plover habitat resulting from new work and maintenance dredge material being placed on PA4S and PA4N was estimated to total approximately 57.3 acres, of which approximately 31.6 acres is within piping DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 16 plover critical habitat unit TX-7. Under this BO, the dredging will impact approximately 90 acres of piping plover and red knot habitat, an increase of 32.7 acres, exceeding the take that was previously issued. Beach nourishment- Once maintenance dredging begins, beach within PA4S and PA4N may receive additional sand disposal on a 2- year cycle for approximately 50 years. This periodic beach disposal of dredged material over many years may permanently supress beach invertebrate populations. The project may reduce foraging habitat for migrating and overwintering plovers and red knots. Piping plovers and red knots that cannot find sufficient food within the project area would be forced to move to feeding sites outside the actual sediment disposal areas. The displacement of birds from the project area could also negatively affect nearby birds by congregating animals in areas and reducing available feeding or roosting habitats. The impacts of beach nourishment from this project will be minimized by utilizing only similar material to that naturally found on the beach. Beach nourishment is anticipated to occur once every 2 years and will impact less than 20 acres every other year. Equipment- Heavy machinery and equipment(e.g., trucks and bulldozers operating on project area beaches, the placement of the hydraulic pipeline along the beach, and sand disposal) may also adversely affect migrating and overwintering piping plovers and red knots by disrupting normal beach uses such as resting and feeding, causing birds to expend valuable energy reserves. The loss of the use of this habitat could minimize the available habitat necessary to sustain overwintering birds, forcing them to seek suitable habitat outside of the project area. The displacement of these birds could, in turn, affect areas in which other birds exist by reducing their available roosting and/or foraging habitat. Indirect effects: Development/Recreation - It is likely that future housing and recreational development within the project area will increase. Piping plovers may also be adversely affected by future development, increased commercial and recreational use of the inlet and by increased human and pet traffic disturbance. Analysis for Effects of the Action: Piping Plover Critical Habitat Units TX-6 and TX-7 Critical habitat identifies specific areas that are essential to the conservation of a listed species. TX-6 and TX-7 are designated critical habitat units that contain primary constituent elements that are essential for the primary biological needs of foraging, sheltering and roosting of the piping plover and may require special management considerations or protection. Unit TX-6 is not likely to be impacted by this project since all activities along this area will be in the channel proper and will not consist of hydraulic and/or mechanical dredging. However, TX-7 will most likely be modified by the placement of dredged material beach nourishment south of Packery DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 17 Channel. Species' Response to the Proposed Action Sea Turtles Sea turtle nesting has continued to increase along the Texas coast. Some may abandon their nesting attempts due to some physical changes in the beach or increased human presence. To minimize the potential impacts, the City had agreed to beach tilling prior to the sea turtle nesting season on those areas which beach nourishment has occurred, utilizing only similar material in the nourishment action. Piping Plover and Red Knot Habitat loss and disturbance associated with human development are the most frequently cited causes of the decline of the species. The construction of recreational, residential, and commercial structures not only physically alter or cover the habitat, but the increase in human and pet and feral animal use of the beaches generates greater disturbance of plovers and red knots using those habitats. Cumulative Effects Cumulative effects include the effects of future State, tribal, local, or private actions that are reasonably certain to occur in the action area considered in this biological opinion. Future Federal actions that are unrelated to the proposed action are not considered in this section because they require separate consultation pursuant to section 7 of the Act. While some future beach nourishment may be funded by State or local governments or private groups, the Service is not aware of any specific projects under consideration within the action area. Maintenance or construction activities may be proposed by private individuals or local groups and governments who may feel compelled to improve or protect their properties within developments on the bayside of the action area or along canals found along their properties. However, these activities are not anticipated to impact piping plovers or red knots because of lack of existing habitat in these areas. IV. Conclusion After reviewing the current status of the above species and critical habitat,the environmental baseline for the action area, the effects of the proposed action, and the cumulative effects, it is the Service's Biological Opinion that the proposed Packery Channel dredging and beach renourishment project is not likely to jeopardize the continued existence of the listed species DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 18 under the Service's jurisdiction and is not likely to destroy or adversely modify their designated critical habitat. In evaluating the potential that this action constitutes destruction or adverse modification of critical habitat, the Service has evaluated whether the action will appreciably diminish the value of the designated critical habitat for the recovery of the listed species. For the piping plover, the adverse effects that may occur to the critical habitat would not appreciably diminish the. wilne cif the entire-. dozionnted critic,91 hqhitnt wren in nrovidino for either the inno- F term survival or the recovery of the species. INCIDENTAL TAKE STATEMENT Section 9 of the Act and Federal regulations pursuant to section 4(d) of the Act prohibit the take of endangered or threatened species, respectively, without special exemption. Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Harm is further defined by the Service to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harass is defined by the Service as intentional or negligent actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to and not intended as part of the agency action is not considered to be prohibited taking under the Act provided that such taking is in compliance with the terms and conditions of this incidental take statement. The measures described below are non-discretionary, and must be undertaken by the USACE so that they become binding conditions of any grant or permit or project agreement issued to the City of Corpus Christi, as appropriate, for the exemption in section 7(o)(2) to apply. The USACE has a continuing duty to regulate the activity covered by this incidental take statement. If the USACE (1) fails to assume and implement the terms and conditions or (2) fails to require The City of Corpus Christi to adhere to the terms and conditions of the incidental take statement through enforceable terms that are added to the permit or grant document, the protective coverage of section 7(o)(2) may lapse. In order to monitor the impact of incidental take, the USACE or the City of Corpus Christi must report the progress of the action and its impacts on the species to the Service as specified in the incidental take statement (50 CFR § 402.14(i)(3)). Amount or Extent of Take Anticipated Piping Plovers and Red Knots The Service anticipates incidental take of non-breeding piping plovers and red knots will be DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 19 particularly difficult to detect because: (1) migrating and wintering plovers and red knots are not as easy to identify as breeding birds because they lose some of the markings associated with their breeding plumage and often congregate with other similar looking shorebirds; (2) the effects of intraspecific competition are difficult to measure and, (3) reduction in reproductive success on the breeding grounds will be difficult to measure, particularly for plovers, if the plover on the wintering grounds is unidentifiable. However, the level of take of these species can be anticipated by the loss and disturbance of suitable piping plover beach habitat because: (1) piping plovers forage, roost and rest within the project site and (2) sediment disposal will likely occur during a portion of the winter and migrating season. The Service anticipates the temporary impact of approximately 90 acres of foraging and roosting piping plover and red knot beach habitat approximately every 2 years during beach sediment disposal and nourishment activities within PA4S. This is an increase of 32.7 acres. A total of approximately 31.6 acres of designated critical habitat acre within the TX-7 critical habitat unit will be temporary disturbed by new work and maintenance dredge material being placed at PA4S. Thus the Service is issuing additional take of 32.7 acres for maintenance and nourishment activities. Based on the review of biological information and other information relevant to this action, take is anticipated in the form of: 1„ Harassing, disturbing, or interfering with piping plovers and red knots attempting to migrate, forage rest, or roost within the project area or on adjacent beaches as a result of construction activities and subsequent maintenance activities; sand placement; and increased recreational, pedestrian, or animal traffic. 2. Behavior modification of piping plovers and red knots during the migrating and wintering seasons due to disturbances associated with construction activities and subsequent maintenance activities within the project area, resulting in excessive energy expenditures, displacement of individual birds, increased foraging behavior, or situations where they choose marginal or unsuitable resting or foraging areas. I Decreased survivorship of migrating and wintering piping plovers and red knots due to diminished quantity and quality of foraging habitats at the newly created inlet, compared with flood tidal deltas at naturally functioning and migrating inlets. 4. Modification of the hydrology, beach slope, and habitats utilized for feeding and roosting by the plovers and red knots. DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 20 Sea Turtles The Service anticipates incidental take of sea turtles will be difficult to detect for the following reasons: (1) turtles nest are difficult to find, especially for greens and loggerheads that are primarily nocturnal nesters, (a) natural factors, such as rainfall, wind, and tides may obscure crawl mnrkq and (h) Erman-ewiqed fAvtor,; ,urh q-, nedeqfrinii trnFfic niqv ohqcurp, (-.rqw] mark,-' and result in nests being destroyed because they were missed during a nesting survey and egg relocation program; (2) the total number of hatchlings per undiscovered nest is unknown; (3) the reduction in percent hatching and emerging success per relocated nest over the natural nest site is unknown; (4) an unknown number of females may avoid the project beaches and be forced to nest in a less than optimal area, and (5) lights may disorient an unknown number of hatchlings and cause death. However, the level of take of these species can be anticipated by the loss and disturbance of suitable turtle nesting beach habitat because: (1) turtles nest within the project site; (2) sediment disposal during the construction phase will likely occur during a portion of the nesting season; (3)the sediment disposal project will modify the incubation substrate, and beach slope, and, (4) artificial lighting will disorient nesting females and hatchlings. The Service anticipates a total of 90 acres of nesting sea turtle habitat will be indirectly impacted from new work and maintenance dredge material being placed on PA 4S. This is an increase of 34.6 acres more than the take that was previously issued. Based on the review of biological information and other information relevant to this action, incidental take is anticipated in the form of. I Destruction of all sea turtle nests that may be constructed and eggs that may be deposited and missed by a nest survey and egg relocation program within the boundaries of the proposed project during the construction phase. 2. Harassment in the form of disturbing or interfering with female turtles attempting to nest within the construction area or on adjacent beaches as a result of construction activities. 3. Disorientation of hatchling turtles on beaches adjacent to the construction area as they emerge from the nest and crawl to the water as a result of project lighting. 4. Behavior modification of nesting females due to escarpment formation within the project area during a nesting season, resulting in false crawls or situations where they choose marginal or unsuitable nesting areas to deposit eggs. DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 21 The Service anticipates that, despite avoidance and minimization measures implemented throughout the life of the project during beach cleaning, a risk still exists, although minimal, that a nest could go undetected by the egg relocation program surveys within the proposed action area and: 1) 1 Kemp's ridley sea turtle nests per year, including all hatchlings and/or eggs (approximately 100 to 110 eggs per nest) could be taken. 2) 1 loggerhead sea turtle nest per year, including all hatchlings and/or eggs (approximately 100 to 125 eggs) could be taken. 3) 1 green sea turtle nest per year, including all hatchlings and/or eggs (approximately 110 to 115 eggs) could be taken. If the agreed upon avoidance and minimization measures are deviated from or if the level of take is reached for any one of the species, we request that the USACE contact the Service immediately to review the circumstances and revisit the take analysis. Although incidental take is anticipated for three Kemp's ridley nests per year, if one nest is taken the Service also requests the USACE contact the Service immediately to review the circumstances and revisit the take analysis. EFFECT OF Tf IE TAKE In the accompanying biological opinion, the Service determined that this level of anticipated take is not likely to result in jeopardy to Kemp's ridley, loggerhead and green sea turtles, or the piping plover or red knot appreciably diminish the value of TX-7 piping plover critical habitat unit in providing for either the long-term survival or the recovery of the species. REASONABLE AND PRUDENT MEASURES Reasonable and Prudent Measures: All Species The Service believes that the following reasonable and prudent measures are necessary and appropriate to minimize take of the loggerhead, Kemp's ridley and green sea turtles, and the piping plover and the red knot: 1. A summary report from the USACE or the City describing the actions taken to implement the terms and conditions of this incidental take statement shall be submitted to the Texas Coastal Ecological Services Field Office -Corpus Christi area following each maintenance phase, inclusive of the years between each operational event or other proposed work activity that has occurred for the life of the project. TERMS AND CONDITIONS DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 22 In order to be exempt from the prohibitions of section 9 of the Act, the USACE must comply with the following terms and conditions, which implement the reasonable and prudent measures described above and outline required reporting/monitoring requirements. These terms and conditions are non-discretionary. Annual Reports 1. The COE and/or the City will submit an annual accomplishment report of the reasonable and prudent measures and terms and conditions outlined in this BO. The first report should be submitted one year following initiation of project construction. 2. Reports should be sent to: U.S. Fish and Wildlife Service, Texas Coastal Ecological Services Field Office - Corpus Christi, ATTN: Assistant Field Supervisor, P.O.Box 81468, Corpus Christi, Texas 78411 CONSERVATION RECOMMENDATIONS Section 7(a)(1) of the Act directs Federal action agencies to utilize their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to help implement recovery plans, or develop information. For the benefit of sea turtles (Kemp's, loggerheads and green), the Service recommends the following conservation recommendations: I, Educational signs should be located at beach access points and/or jetties explaining the importance of the area to sea turtles and/or the life history of sea turtle species that nest in the area at other appropriate City locations. 2. The USACE, in cooperation with the Service, County and the City, should implement and enforce a lighting ordinance, management plan, and/or condition to eliminate or reduce the amount of artificial lighting effecting nesting sea turtles and/or hatchlings. 3, The USACE, in cooperation with the City and local sponsors of all sediment disposal projects, should design and fund a research program to determine the long-term effects of beach disposal on sea turtle nesting success. This program would collect and analyze data on the physical, biological, and chemical characteristics of disposal and natural beaches and the data examined with regard to sea turtle reproductive success. The goal of the effort would be to develop methods for minimizing the adverse impacts of DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 23 sediment disposal activities on sea turtle reproduction. For the benefit of the piping plover and red knot, the Service recommends the following conservation recommendations: 1. The USACE should endeavor to create and maintain suitable piping plover and red knot, migrating, and overwintering habitat. Natural accretion at inlets should be allowed to remain. Accreting sand spits on barrier islands provide excellent foraging habitat for migrating, and overwintering plovers and red knots. 2. The USACE should fund monitoring surveys for migrating, and wintering piping plovers and red knots on and around all beaches and inlets outside the action area of this project that currently receive, or are scheduled to receive, a Federally-maintained sediment disposal or inlet dredging project. This data would assist the Service in determining the long-term impacts these routine activities have on these species and their seasonal use of these sites, and would be important in developing protective and operational measures to assist in recovery of the species. The goal of the effort would be to develop methods for minimizing the adverse impacts of sediment disposal and inlet dredging on piping plovers. A detailed report documenting the number and location of birds found and the behavior they were engaged in should be submitted to the Service annually following the wintering/migrating season. In order for the Service to be kept informed of actions minimizing or avoiding adverse effects or benefitting listed species or their habitats, the Service requests notification of the implementation of any conservation recommendations. REINITIATION NOTICE This concludes formal consultation. As provided in 50 CFR § 402.16, reinitiation of formal consultation is required where discretionary Federal agency involvement or control over the action has been retained (or is authorized by law) and if: (1) the amount or extent of incidental take is exceeded; (2) new information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; (3) the agency action is subsequently modified in a manner that causes an effect to the listed species or critical habitat not considered in this opinion; (4) a new species is listed or critical habitat designated that may be affected by the action. DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 24 If you or your staff have any questions concerning this opinion, please contact Mary Orms at (361) 225-7315 or via email mary_,_9rmsgfWs.gov. Sincerely, Charles Ardizonne Field Supervisor cc Emily Edwards, USACE, Corpus Christi, Tx DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 25 Literature Cited Amos, A.F. 1989. The occurrence of hawksbills Eretmochelys imbricata along the Texas coast. Pages 9-11 in S.A. Eckert, K.L. Eckert, and T.H. Richardson, compilers. Proceedings of the ninth annual workshop on sea turtle conservation adnbiology. NOAA technical memorandum NMFS/SEFC-232. On file at U.S. Fish and Wildlife Service, South Florida Ecosystem Office, Vero Beach, Florida. Elliot-Smith, E., M. Bidwell, A.E. Holland, and S.M. Haig. 2015. Data from the 2011 International Piping Plover Census: U.S. Geological Survey Data Series 922, 296 p. Accessed 26 October 2018. Gratt-Trevor, C.D. Amirault-Langlais, D. Catlin, F. Cuthbert, J. Fraser, S. Maddock, E. Roche, and F. Shaffer. 2012. Connectivity in piping plovers: do breeding populations have distinct winter distributions? Journal of Wildlife Management 76: 348-355. National Park Service (NPS). 2018. Current Sea Turtle Nesting Season. htt s //www.n s gay/pais/learn/nature/current,-nesting seasat .htm. Cited with permission from Donna Shaver on 24 Octrober 2018.. Noel, B.L. and C.R. Chandler. 2008. Spatial distribution and site fidelity of non-breeding Piping Plovers on the Georgia coast. Waterbirds 31:241-252. Peterson, C.H., M.J. Bishop, G.A. Johnson, L.M. D'Anna, and L.M. Manning, 2006. Exploiting beach filling as an unaffordable experiment: benthic intertidal impacts propagating upwards to shorebirds. Journal of Experimental Marine Biology and Ecology 338: 205- 221. Stucker, J.H., F.J. Cuthbert, B. Winn, B.L. Noel, S.B. Maddock, P.R. Leary, J. Cordes and L.C. Wemmer. 2010. Distribution of non-breeding Great Lakes Piping Plovers (Charadrius melodus) along Atlantic and Gulf of Mexico coastlines: ten years of band sightings. Waterbirds 33.22-312. U.S. Fish and Wildlife Service. 2014. Rufa Red Knot Background Information and Threats Assessment. Supplement to Endangered and Threatened Wildlife and Plants; Final threatened Status for the Rufa Red Knot (Calidris canutus Tufa). New Jersey Field Office, Pleasantville. U.S. Fish and Wildlife Service. 2015. Recovery Plan for the Northern Great Plains piping plover (Charadrius melodus) in two volumes. Volume 1: Draft breeding recovery plan for the Northern Great Plains piping plover (Charadrius melodus) and Volume I1: Draft revised DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 26 recovery plan for the wintering range of the Northern Great Plains piping plover (Charadrius melodus) and Comprehensive conservation strategy for the piping plover (Charadrius melodus) in its coastal migration and wintering range in the continental United States. Denver, Colorado 166pp. Available from r14�tlIgq /species/recovery -plans html. Accessed 26 October ...... . ... (A VI W J. .:J a 0('] C.J c..) Y.:I.. .....J0 W ry r 0 G:1 Cn aeM�J CJ J �+m exv G.7 C•J CY..Lw... Nab C:J k @,4„5,%j•,. w U! � as an Y C N n [Y C2pp 1 CW [� C 4 -� Vi II.I Ut UI w ' J 4 rlr CD rru LL LO y�r a fir,m CD ua 1 r Gr (1. l t lr �( �l /i ' fJ�s r:.Y 0 LL itr p <.J ,. 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Olt ��/r!/ ,,.. pr �, u' � � { � ��ll�r�u ,;. � �'N9ww wwp ., �a�» Nw,z�,pr� .. h.✓" /� "u 15 m 5 r / �S z CL w 1¢✓ r // i� ! 2 A w d y I / �(y 4 G " 4.J... z 0 IE �R�fN w �° 111 fA Dr LL "� / c0 �f / /�awi n, r'�;af �IV1�41°✓ V�✓✓ k ,°v a a r �iaai ri ilu+ ..u „ ;o,.e/llf irl/' % /1!/; l + yr r ,r „iY r//i �i+r, Zvi d-0+�/ol� u(�r, ��fyf/ 9 ci W U LU �r/ � ➢! f „l/J � , �1�r �1� J�i�� �+ ,®/fi/%%�(4+ u r r �"e% � ' z� 4. LL / / Cp J fi%I z o U CO frPp u" �I % 7' J Lij LO m J ��Y / Q..... .d....�..,..,. LL ¢ Q cc f � rv�N A LL LL �E d lL Z CL U w o N �d N v Ov, C W C U) 7 O O 0 DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 27 Appendix 1. Consultation History February 12, 2003 — Issued final biological opinion on North Padre Island Storm Damage Reduction and Environmental Restoration Project (Packery Channel) (PL 106-53). January 30, 2019—Letter from USACE transmitting Biological Assessment entitled: Assessment of Potential Impacts to Threatened and Endangered Species, Packery Channel Maintenance Dredging and Beach Re-Nourishment, Nueces County, Department of'the Army, Revised Permit Application SW(J-2011-0015.9, by the City of Carpus Christi. February 23, 2019 —Obtained survey data on red knots and piping plovers on Padre Island south of Packery Channel. July 26, 2019—Meeting with HDR consultants, City of Corpus Christi, and the USACE to discuss BO. August 2, 2019 - Draft BO to USACE DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 28 Appendix 2. The USACE determined the project"may affect but is not likely to adversely effect"the following species: West Indian manatee (Trichechus manatus), whooping crane (Gnus nmori�nv,nl 4anthar1-%Q A, can birth- Marmnrhalvv i^nrinnonl and hawlcchill QPA Mrt1P (Eretmochelys imbricata). The Service, concurs with these determinations with the implementation of conservation measures listed below: West Indian manatee 1. Project construction operations employees will be advised that manatees may approach the project rea. 2. Workers will be trained by qualified personnel to recognize the manatee and will be provided materials such as a poster, to assist in identifying the mammal and include appropriate response and contact protocol if a manatee is sighted. 3. Applicant will prohibit crew members from approaching, feeding, or watering manatees that may be encountered. 4. The applicant will report manatee observations within the project area to the Service (361)994-9005, as soon as practicable, but within no less than 24 hours of initial detection and to the Texas Marine Mammal Stranding Network (TMMSN) (800-962- 6625). Whooping crane 1. Employees be trained as to the status, appearance and potential for the whooping crane to migrate through the area. 2. If a whooping crane is sighed within 1,000 feet of the project, work will discontinue until it moves outside that buffer area. 3. If equipment such as a crane 15 feet or taller, is being used,the crane should be lowered at night, and if not possible, flag or mark the crane to assist whooping cranes in avoiding or reducing the potential for collisions with the bird. 4. If a whooping crane is sighted, contact the Service at (361) 994-9005 or Wade Harrell, Whooping Crane Coordinator, at Aransas National Wildlife Refuge (361) 676-9953. Hawksbill sea turtle and Leatherback sea turtle The conservation measures employed for the green and Kemp's ridley sea turtle will be employed for these species. The USACE also determined there will be "no effect" to the Gulf coast jaguarundi (Herpailurus yagouaroundi cacomitli), ocelot(Leopardus partialis), least tern (Sternula antillarum), northern aplomado falcon (Falco femoralis septentrionalis), slender rush-pea(Hoffmannseggia tenella), and South Texas ambrosia(Ambrosia cheiranthifolia). The Service does not provide DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF Ms. Kristi McMillan 29 concurrences with"no effect" determinations. It is expected sea turtles will occur in the channel during dredging. The National Marine Fisheries Service (NMFS) has jurisdiction for protecting sea turtles within the marine environment and the Service has jurisdiction for protecting sea turtles located on land. DocuSign Envelope ID:CDFF3BFF-1458-467D-9F46-OFE09A6125DF APPENDIX 2 BORING LOGS DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF LOG OF BORING PC-1 SHEET 1 of 1 CLIENT: Benchmark Ecological Services, Inc. Rock Engineering&Testing Labratory Inc. PROJECT: Packery Channel Sediment Analysis ti 6817 Leopard Street Corpus Christi TX LOCATION: Corpus Christi, Texas , 0 Telephone: 3618834555 NUMBER: G119461 Fax: 3618834711 DATE(S) DRILLED: 8/15/2019 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERBERG Vibracore LIMITS X W GROUNDWATER INFORMATION: zLU N/A LU of z 0 >LU LLJ z LU 0 L17 > 0 - Z) ,L,a 0 Z) &5 &5 00 z LL 0 a Co LU C/) 0. U)U)&5 0-1 O LLJ LU 3:&5&j z z U) LU w 0 z z 0 co Z 60 -0 0 Uj Z SURFACE ELEVATION: N/A CO�--�-- Z) Uj aa6 0 10 0 C/) 0 C/) C/) 0 2E LL PL F DESCRIPTION OF STRATUM S-1 37 29 CLAYEY SAND,, gray, some shells. ----- ———— ———— -- ---- -- ———————————————————————————————— CLAYEY SAND, gray,trace shells. S-2 25 17 2 ----- -------------- ---- -- ------------------------------- S-3 -----------------------------S-3 21 2 POORLY GRADED SAND, gray. 3 Sampling terminated at a depth of 3.25 feet. Uj Yi L) 0 (D Z Q� 0 N - STANDARD PENETRATION TEST RESISTANCE REMARKS: 0 Qc- STATIC CONE PENETROMETER TEST INDEX 1 (3 P - POCKET PENETROMETER RESISTANCE 01 DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF LOG OF BORING PC-2 SHEET 1 of 1 CLIENT: Benchmark Ecological Services, Inc. Rock Engineering&Testing Labratory Inc. PROJECT: Packery Channel Sediment Analysis ti 6817 Leopard Street Corpus Christi TX LOCATION: Corpus Christi, Texas , 0 Telephone: 3618834555 NUMBER: G119461 Fax: 3618834711 DATE(S) DRILLED: 8/15/2019 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERBERG Vibracore LIMITS X W GROUNDWATER INFORMATION: zLU N/A LU of z 0 >LU LLJ z LU 0 L17 > 0 — Z) ,L,a 0 Z) &5 &5 00 z LL 0 a Co LU C/) 0. U)U)&5 0-1 LLJ LU 3:&5&j z z U) LU w 0 z z 0 co Z 60 -0 0 Uj Z SURFACE ELEVATION: N/A CO�--�-- Z) Uj < < 6 0 10 0 C/) 0 C/) C/) 0 2E LL PL F DESCRIPTION OF STRATUM 33 9 POORLY GRADED SAND, dark gray,trace silt and clay. S-1 ——————--————--————--—---——--—————————————————————————————————— S-2 25 8 POORLY GRADED SAND, dark gray 2 ---------------------- ---- ---------------------------------- S-3 SHELLS WITH SAND, dark gray. -------———---———----- ---- -- ———————————————————————————————— 3 POORLY GRADED SAND, dark gray. S-4 24 8 4 ------------------------------ S-5 —----- ---- t T �SANDY CLAY WITH SHELLS,dark gray. Sampling terminated at a depth of 4.33 feet. Uj Yi L) 0 Z Q� 0 N - STANDARD PENETRATION TEST RESISTANCE REMARKS: 0' Qc- STATIC CONE PENETROMETER TEST INDEX 0 P - POCKET PENETROMETER RESISTANCE 0 2 1 1 DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF LOG OF BORING PC-3 SHEET 1 of 1 CLIENT: Benchmark Ecological Services, Inc. Rock Engineering&Testing Labratory Inc. PROJECT: Packery Channel Sediment Analysis ti 6817 Leopard Street Corpus Christi TX LOCATION: Corpus Christi, Texas , 0 Telephone: 3618834555 NUMBER: G119461 Fax: 3618834711 DATE(S) DRILLED: 8/15/2019 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERBERG Vibracore LIMITS X W GROUNDWATER INFORMATION: zLU N/A LU of z 0 >LU LLJ z LU 0 L17 > 0 — Z) ,L,a 0 Z) &5 &5 00 z LL 0 a Co LU C/) 0 3:&5&j&5 0-1 U)U) LLJ LU z z U) LU < < � Zin 0 z z 0 Z -0 0 Uj Z SURFACE ELEVATION: N/A _j CO Z) Uj < < 6 0 10 0 C/) 0 C/) C/) 0 2E LL PL F DESCRIPTION OF STRATUM 29 10 POORLY GRADED SAND WITH SHELL,few silts and clay, S-1 dark gray. — --------------------- ------- ------------------------------- — F/ S-2 CLAYEY SAND, light gray with shells. ————————————- S-3 CLAYEY SAND, light gray, no shells. ——————————————————————- S-4 POORLY GRADED SAND, light gray. ———————— ——— 2 - S-5 55 64 FAT CLAY, light gray,with sand and shells. --—------------------------------ 3 -----------------------------3 S-6 24 9 POORLY GRADED SAND, light gray. -------------------------------------------------------------- S-7 FAT CLAY, light gray. 4 ----- —— ------------------------------— S-8 T T —CLAYEY SAND, light gray. Boring was terminated at a depth of 4.33 feet. Uj Yi L) 0 Z Q 0 N - STANDARD PENETRATION TEST RESISTANCE REMARKS: 0' Qc- STATIC CONE PENETROMETER TEST INDEX 0 P - POCKET PENETROMETER RESISTANCE 0 2 1 1 DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF LOG OF BORING PC-4 SHEET 1 of 1 CLIENT: Benchmark Ecological Services, Inc. Rock Engineering&Testing Labratory Inc. PROJECT: Packery Channel Sediment Analysis ti 6817 Leopard Street Corpus Christi TX LOCATION: Corpus Christi, Texas , 0 Telephone: 3618834555 NUMBER: G119461 Fax: 3618834711 DATE(S) DRILLED: 8/15/2019 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERBERG Vibracore LIMITS X W GROUNDWATER INFORMATION: zLU N/A LU of z 0 >LU LLJ z LU 0 L17 > 0 - Z) ,L,a 0 Z) &5 &5 00 z LL 0 a Co LU C/) 0 3:&5&j&5 0-1 U)U) LLJ LU z z U) LU < < Z 0 z z 0 -j Z -0 0 Uj Z SURFACE ELEVATION: N/A CO�--�-- Uj < < 0 of 0 0 C/) C/) C/) LL PL F ti 2E DESCRIPTION OF STRATUM S-1 CLAYEY SAND, dark gray. — ----- ———---———----- ------— ———————————————————————————————— S-2 25 4 POORLY GRADED SAND, light gray. —————---———---———-- —— -——- —— ———————————————————————————————— 29 25 16 9 23 CLAYEY SAND WITH SHELLS, light gray. S-3 - ----- -------------- ---- -- ------------------------------- 2 -----------------------------2 S-4 22 3 POORLY GRADED SAND, light gray. Boring was terminated at a depth of 2.5 feet. Uj Yi L) 0 (D Z Q� 0 N - STANDARD PENETRATION TEST RESISTANCE REMARKS: 0 Qc- STATIC CONE PENETROMETER TEST INDEX 01 P - POCKET PENETROMETER RESISTANCE 0 DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF LOG OF BORING PC-5 SHEET 1 of 1 CLIENT: Benchmark Ecological Services, Inc. Rock Engineering&Testing Labratory Inc. PROJECT: Packery Channel Sediment Analysis ti 6817 Leopard Street Corpus Christi TX LOCATION: Corpus Christi, Texas , 0 Telephone: 3618834555 NUMBER: G119461 Fax: 3618834711 DATE(S) DRILLED: 8/15/2019 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERBERG Vibracore LIMITS X W GROUNDWATER INFORMATION: zLU N/A LU of z 0 >LU LLJ z LU 0 L17 > 0 - Z) ,L,a 0 Z) &5 &5 00 z LL 0 a Co LU C/) 0 3:&5&j&5 0-1 U)U) LLJ LU z z U) LU < < Z 0 z z 0 -j Z -0 0 Uj Z SURFACE ELEVATION: N/A CO -- -- Uj < < 0 of 0 0 C/) C/) C/) LL PL F ti 2E DESCRIPTION OF STRATUM S-1 POORLY GRADED SAND, light brown. —————---———---———---—— -——---— ———————————————————————————————— 8-2 POORLY GRADED SAND, light gray. — --------------------- ------- ------------------------------- — 31 19 NIP NIP 15 S-3 POORLY GRADED SAND,with silt and shells, trace clay, light gray. —————---———---———---—— -——- —————————————————————————————————— 2 S-4 22 3 POORLY GRADED SAND, light gray,with shell. 3 ------ -------------- ---- -- -------------------------------- 4 24 6 S-5 POORLY GRADED SAND, no shell. S-6 —————-————-—— 4 CLAYEY SAND, light gray,with shells. Boring was terminated at a depth of 4.67 feet. Uj Yi L) 0 0 N - STANDARD PENETRATION TEST RESISTANCE REMARKS: 'n 0 Qc- STATIC CONE PENETROMETER TEST INDEX 0 P - POCKET PENETROMETER RESISTANCE 0 2 DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF LOG OF BORING PC-6 SHEET 1 of 1 CLIENT: Benchmark Ecological Services, Inc. Rock Engineering&Testing Labratory Inc. PROJECT: Packery Channel Sediment Analysis ti 6817 Leopard Street Corpus Christi TX LOCATION: Corpus Christi, Texas , 0 Telephone: 3618834555 NUMBER: G119461 Fax: 3618834711 DATE(S) DRILLED: 8/15/2019 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERBERG Vibracore LIMITS X W GROUNDWATER INFORMATION: zLU N/A LU of z 0 >LU LLJ z LU 0 L17 > 0 - Z) ,L,a 0 Z) &5 &5 00 z LL 0 a Co LU C/) 0 3:&5&j&5 0-1 U)U) LLJ LU z z U) LU < < � Zin O 0 z z 0 Z -0 0 Uj Z SURFACE ELEVATION: N/A CO�--�-- Z) Uj aa6 0 10 0 C/) 0 C/) C/) 0 2E LL PL F DESCRIPTION OF STRATUM S-1 72 35 18 17 34 CLAYEY SAND,, dark gray. 2 ------ -------------- ---- -- ------------------------------- S-2 -----------------------------S-2 CLAYEY SAND, dark gray. ---------------------- ---- -- -------------------------------- 3 S-3 53 30 CLAYEY SAND, dark gray,few poorly graded sand seams. 4 ---------------------- ---- -- -------------------------------- S-4 CLAYEY SAND, dark gray,few poorly graded sand seams. 5 o Boring was terminated at a depth of 5.58 feet. Uj Uj Yi L) 0 Z Q� 0 N - STANDARD PENETRATION TEST RESISTANCE REMARKS: 0 Qc- STATIC CONE PENETROMETER TEST INDEX 01 P - POCKET PENETROMETER RESISTANCE 01 DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF LOG OF BORING PC-7 SHEET 1 of 1 CLIENT: Benchmark Ecological Services, Inc. Rock Engineering&Testing Labratory Inc. PROJECT: Packery Channel Sediment Analysis ti 6817 Leopard Street Corpus Christi TX LOCATION: Corpus Christi, Texas , 0 Telephone: 3618834555 NUMBER: G119461 Fax: 3618834711 DATE(S) DRILLED: 8/15/2019 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERBERG Vibracore LIMITS X W GROUNDWATER INFORMATION: zLU N/A LU of z 0 >LU LLJ z LU 0 L17 > 0 — Z) ,L,a 0 Z) &5 &5 00 z LL 0 a Co LU C/) 0 3:&5&j&5 0-1 U)U) LLJ LU z z U) LU < < � Zin 0 z z 0 Z -0 0 Uj Z SURFACE ELEVATION: N/A CO -- -- Z) Uj < < 6 0 10 0 C/) 0 C/) C/) 0 2E LL PL F DESCRIPTION OF STRATUM S-1 8 1 POORLY GRADED SAND, light gray. ------------------------------------------------------------- S-2 POORLY GRADED SAND, dark gray. 2 --————--————--————--—---——--—————————————————————————————————— S-3 POORLY GRADED SAND,with shell, light gray. ------------------------------ 322 2 S-4 POORLY GRADED SAND, no shell, light gray. ---------------------- --------------------------------------- S-5 - CLAYEY SAND, dark gray. --------------------- ------ ------------------------------— 4 S-6 POORLY GRADED SAND, light gray. Boring was terminated at a depth of 4.33 feet. Uj Yi L) 0 Z Q 0 N - STANDARD PENETRATION TEST RESISTANCE REMARKS: 0' Qc- STATIC CONE PENETROMETER TEST INDEX 0 P - POCKET PENETROMETER RESISTANCE 0 2 1 1 DocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-OFE09A6125DF LOG OF BORING PC-8 SHEET 1 of 1 CLIENT: Benchmark Ecological Services, Inc. Rock Engineering&Testing Labratory Inc. PROJECT: Packery Channel Sediment Analysis ti 6817 Leopard Street Corpus Christi TX LOCATION: Corpus Christi, Texas , 0 Telephone: 3618834555 NUMBER: G119461 Fax: 3618834711 DATE(S) DRILLED: 8/15/2019 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERBERG Vibracore LIMITS X W GROUNDWATER INFORMATION: zLU N/A LU of z 0 >LU LLJ z LU 0 L17 > 0 - Z) ,L,a 0 Z) &5 &5 00 z LL 0 a Co LU C/) 0 3:&5&j&5 0-1 U)U) LLJ LU z z U) LU < < � Zin O 0 z z 0 Z -0 0 Uj Z SURFACE ELEVATION: N/A CO�--�-- Z) Uj aa6 0 10 0 C/) 0 C/) C/) 0 2E LL PL F DESCRIPTION OF STRATUM 1 S-1 25 2 POORLY GRADED SAND, gray, i-inch layer of organics at 14"-15" 2 -------------------- -- ---- -- ------------------------------- S-2 -----------------------------S-2 POORLY GRADED SAND WITH ORGANICS, dark gray. S-3 POORLY GRADED SAND, dark gray,with organic seams. —————---———---———---—— -——- —— ———————————————————————————————— 3 22 2 S-4 POORLY GRADED SAND, light gray. 4 ---------------------- ---- ---------------------------------- S-5 POORLY GRADED SAND, dark gray. ---------------------- ---- ---------------------------------- S-6 26 71 31 40 83 FAT CLAY, dark gray. — -------————--————------------—------------------------------ 5 -----------------------------5 (D S-7 POORLY GRADED SAND, light gray,with clay seam. -j Uj 6 Boring was terminated at a depth of 6.58 feet. z Q� 0 N - STANDARD PENETRATION TEST RESISTANCE REMARKS: 0 Qc- STATIC CONE PENETROMETER TEST INDEX 01 P - POCKET PENETROMETER RESISTANCE 0 2 DocuSign Envelope ID:CDFF3BFF-1458-467D-9F46-OFE09A6125DF LOG OF BORING C-01 SHEET 1 of 1 .............. ... ..--- ---- .................... ................ ........... CLIENT: HDR Engineering, Inc. Rock Engineering�Testm�ta�., nc. PROJECT: Prop. Packery Channel Maintenance Dredginw A' 6817 Leopard St. Corpus Christi,TX 78409 LOCATION: Packery Channel; Corpus Christi, TX Telephone: (361)883-4555 0 3 Fax: (361)883-4711 NUMBER: G111136 DATE(S) DRILLED: 03/10/11 -03/10/11 ............. ................................... ------ .............................. FIELD DATA LABORATORY DATA DRILLING METHOD(S): zAT ER"giff—Rd................................................................. Vibracore LIMITS > ...........................-—------------ X LU GROUNDWATER INFORMATION: z Uj > Uj 0 Uj >W z co W z M 0 0 M . > 0 2�--- 0 p :c cli U�C3 C3 X� �)- - E 0 P C3 z < jr P 0 Y U, �5 Q 0-�- 5 (n U) Z U) W 0 z W, W ?:U)U,z, 5 a , < Ui 0 rr z 0 z z Uj a -1 0 CL z CL Uj SURFACE ELEVATION: 9' NAVD > CL (L 0 C) (n CL n miEr L) ....... > 0 zo ........................... ................ ........... < < W 0 11 L- PL Pi X 0 0 (n IL F-0 X Q. 0 V) DESCRIPTION OF STRATUM ................. .......... 2 3 4 5 6 7 8 9 GRADED ... POORLY GRADED SAND, brown, moist.(SIP) S-1 12 NP NP NP 2 10 S-2 18 2 Same as above. C, 24 NP NP NP S-3 3 Same as above, dark gray and gray. (SIP) 12 S-4 4 POORLY GRADED SAND,dark gray and gray, moist. 27 13 .......... Boring was extended to an elevation of-13-feet NAVD during z the drilling operations. 0 ........... ------......... .................. REMARKS: 0 N -STANDARD PENETRATION TEST RESISTANCE I ea Boring depth and location was determined by representatives of HDR Engineering,Inc. P- POCKET PENETROMETER RESISTANCE Boring operations vvere performed by Naismith Marine Services,a subconsultant to RETL T- POCKET TORVANE SHEAR STRENGTH at GPS Coord.N 17,114,228 E 1,405,247. ................. .............................. .................................................. DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF LOG OF BORING C-01A SHEET 1 f 1 ��� ......... ._..... _........,..,.....,....._...-......................................--.1o.-..................... CLIE�rI,T.'............. HDR Engineering, Inc�,�,_.,.,.,..__............................... .. ._....... Rock Engineering&Testing Lab., Inc. PROJECT: Prop. Packery Channel Maintenance Dredginc To " Corpus s Christi,TX 78409 LOCATION: Packery Channel; Corpus Christi, TX m° ' Telephone: (361)883-4555 NUMBER: G1 11136 Fax: (361)883-4711 o:, DATE(S) DRILLED: 03/10/11 -03/10/11 --- _ _ __.... � .....__............... ...... .................... _....w .... _...._,..........,....._..............................._,_,_,_,__....................... ...d FIELD DATA LABORATORY DATA DRILLING METHOD(S): ffRG,"-................... . vibracore C1 O 1,WITS,......... F .... Z ;� w w GROUNDWATER INFORMATION_............... ................._... Z z H > r c� o w W r z w W }a z u, E15 U- o w w �cx� _ vii cr> z w } (� O a o z z w 5 a a° z � vzi SURFACE: ELEVATION: -t3' NAVD a� �oo� (n o n W z � _ o z ._.. _. .._ __.-.._..... ..... .._..........................w..wwwwwww........................... ° ren z( a° M L PL PI a Q. ° W - DESCRIPTION OF STRATUM 1 2 3 4 5 6 7 8 POORLY GRADED SAND, light brown and light gray, dry S-1 6 NP NP NP 1 (SP) 9 S-2 7 1 Same as above,gray, 10 S-3 _ 16 NP NP NP 2 Same as above, dark gray and gray, moist. (SP) a S-4 29 POORLY GRADED SAND,dark gray and gray, moist. sir 12 S-5 0 25 4 Same as above. 13 S-6 _.. 27 Same as above. a 14 _. ........,, Boring was extended to an elevation of-14-feet NAVD during the drilling operations, �rw .... _ ................ . _. ............. .... _.................................................. N -STANDARD PENETRATION TEST RESISTANCE REMARKS: al Boring depth and location was determined by representatives of HDR Engineering,Inc q y P - POCKET PENETROMETER RESISTANCE Boring operations were performed by Naismith Marine Services,a subconsultant to RETL. f T - POCKET TORVANE SHEAR STRENGTH at GPS Coord.N 17,114,230 E 1,405,250 _-.... ...................................................... -....................._ --- ._..................... _ �.. DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF LOG OF BORING C-02 SHEET 1 of 1 ............................................. ............... ................—-----..................... . q CLIENT: HDR Engineering, Inc. Rock Engineering&Testing Lab., Inc. PROJECT: Prop. Packery Channel Maintenance Dredgin , 6817 Leopard St. Corpus Christi,TX 78409 LOCATION: Packery Channel; Corpus Christi, TX Telephone: (361)883-4555 �muwNUMBER: G1 11136 A", Fax: (361)883-4711 DATE(S) DRILLED: 03/10/11 -03/10/11 ........... ............... ---I—................... ............. FIELD DATALABORATORY DATA DRILLING METHOD(S): .... ............ ...... I Vibracore F — LIMITS > '.�! . ...... ....... ......... -I ......................................... .................................. .............. ............ < X GROUNDWATER INFORMATION� z (D Z w a WW W, z W >0 z Z6 0 Uj C) 0ai 2 F-L L 2— 0U C7 V) I (Ij W a a X U u) d U) V)(0 Q) V) Z V) Uj Z M Wj ul V)z a' < < Uj Z5": Z (o -j -j a Z CL Uj SL)lRl"ACE E1,EVATlON: -8' NAVD U. CL U 0 ir0 11111-!��, 11 > z ----—------- --------- ...... < < wo of 0 0 V) z Q- 2 ILL PL P1 a- 0 V) DESCRIPTION OF STRATUM ......................... .............. ........................... ........................................................... 2 3 4 5 6 7 8 POORLY GRADED SAND,dark gray, moist.(SP) S-1 27 NP NP NP 3 9 S-2 28 3 Same as above. 10 S-3 34 NP NP NP 6 Same as above,with silt. (SP) 11 S-4 24 2 POORLY GRADED SAND,dark gray, moist. 12 cT S-5 41 Same as above. 13 zLU z $-6 25 3 Same as above. < X 14 ry Uj S-7 27 POORLY GRADED SAND,dark gray, moist. 15 0 CL Boring was extended to an elevation of-15-feet NAVID during CL X the drilling operations. ID .......... ........... ................. N -STANDARD PENETRATION TEST RESISTANCE REMARKS: B oring depth and location was determined by representatives of HDR Engineering,Inc. P - POCKET PENETROMETER RESISTANCE or' g operations Bon n were performed by Naismith Marine Services,a subconsultant to RETL T- POCKET TORVANE SHEAR STRENGTH at GPS word.IN 17,114,679 E 1,403,403 ....................... .................... DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF LOG OF BORING C-03 SHEET 1 of 1 ............... ------ ..................... µ...,................... --...... ....T'..._.. ........................................- HDR Engineering, Inc. Rock Engineering&Testing Lab., Inc. PROJECT: Prop. Packery Channel Maintenance Dredgin�, 0 S' 6817 Leopard St. > Corpus Christi,TX 78409 LOCATION: Packery Channel; Corpus Christi, TX o Telephone: (361)883-4555 Fax: (361)883-4711 NUMBER: G111136 -03/10/11 DATE(S) DRILLED: 03/10/11 ....................... ........ FIELD DATA LABORATORY DATA DRILLING METHOD(S): Vibracore z 0 > ........................................................................... ............................. Z X Lij GROUNDWATER INFORMATION: Z ' Uj z a > z 'U' F- Uj LU >0 z I-- Wco Co > C> C> 0 F- W C) LL C13 Z)za oul 0 P P U) y0, zo Z 0 0 F- to Z (n Ld L9 3: n 05 Z Z >- > 'URFACE El-EVATION. -& NAVD V) a. 0 z z LU U ' 0' CL z 0 0 0 0 Z < 0 0 0 ....................—.......... ....... U) "W/ z L i�La'j X :2 LL PL PI Of 0 0 F- F- 0 CL DESCRIPTION OF STRATUM .................. .......---------...................... .......... ......... 2 3 4 6 . .............. .................. POORLY GRADED SAND,gray and light gray,dry. (SP) S-1 6 NIP NP NP 2 7 S-2 8 2 Same as above, 8 S-3 14 Same as above, moist. 9 S-4 8 2 POORLY GRADED SAND,gray and light gray, dry, 10 S-5 12 Same as above, moist. S-6 19 NP NP NP 3 Same as above. (SP) 12 S-7 22 POORLY GRADED SAND,gray and light gray, moist. 13 z Boriing was extended to an elevation of-13-feet iqAVD dUring z Hie drilling operations. !,I J, 0 .............. ............. L................ ............... ...... N -STANDARD PENETRATION TEST RESISTANCE REMARKS: Boring depth and location was determined by representatives of HDR Engineering,Inc. P - POCKET PENETROMETER RESISTANCE 0 Boring operations were performed by Naismith Marine Services,a subconsultant to FLETL D T - POCKET TORVANE SHEAR STRENGTH at GPS Coord N 17,115,097 E 1,401,260. 1`11 .......... ............... ..................... ....... ............ DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF LOG OF BORING C-04 SHEET 1 of 1 .......... ...... ............... ........... CLIENT: HDR Engineering, Inc. Rock Engineering&Testing Lab., Inc. PROJECT: Prop. Packery Channel Maintenance Dredginc 6817 Leopard St. Corpus Christi,TX 78409 LOCATION: Packery Channel; Corpus Christi, TX ro Fax:Telep(361)883-47$63 711hone: (361)883-4555 NUMBER: G1 11136 "Al DATE(S) DRILLED: 03/10/11 -03/10/11 .......... ........................... ........... ........... ............ FIELD DATA LABORATORY DATA DRILLING METHOD(S): ......... Vibracore z IMIT .. ......................................................................--"........................................................................ z X GROUNDWATER INFORMATION', (9 Z WW W > �u ) W W z W >0 z 0 0 W > a0 W, CID W 0 a 0 X< W (wj) (0�n 0 U) ?:U)�)Z 0 U) U) Z U) W cn z > Z Z W < a. 0, wo cz, '[1 z U) SURFACE ELEVATiON -9' NAVD W Z ZD (D 0 L,) Lj) 0 Z ............--__........................................... ....... 0 7 < 7 7 W 0 0 [if 0 0 (n (n 2 LL PL. PI DESCRIPTION OF STRATUM ............... ............................ ............ ........... ........................................................................................—........................................... 2 3 4 5 6 7 8 7- 9 V 214 47 CLAYEY SAND, dark gray, moist. 10 S-2 155 104 31 73 SANDY FAT CLAY, dark gray, moist. (CH) S-3 162 Same as above, �j 12 0 n. S-4 131 125 35 90 53 Same as above. (CH) 13 W z z S-5 SANDY FAT CLAY, dark gray, < 14 ............. W S-6 32 POORLY GRADED SAND,gray and light gray, moist. 0 15 ...................-- M Boring was extended to an elevation of-15-feet NAVID during W the drilling operations. CL zA—1 ................. ....... .................... ............... A M REMARKS: 0 N STANDARD PENETRATION TEST RESISTANCE W Boring depth and location was determined by representatives of HDR Engineering,Inc. P POCKET PENETROMETER RESISTANCE 0 Boring operations were performed by Naismith Marine Services,a subconsultant to RETIL. T- POCKET TORVANE SHEAR STRENGTH at GPS word.N 17,115,238 E 1,400,732. ........................-....................... ...................... DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF LOG OF BORING C-05 SHEET 1 of 1 .......................... ................. .. ..CLIENT...........'...... .............--l-1-1-1-1-1...... ............... HDR Engineering, Inc. Rock Engineering&Testing Lab., Inc. PROJECT: Prop, Packery Channel Maintenance Dredginc 6817 Leopard St. Corpus Christi,TX 78409 LOCATION: Packery Channel; Corpus Christi, TX Telephone: (361)883-4555 NUMBER: G1 11136 A 00 Fax: (361)883-4711 DATE(S) DRILLED: 03/09/11 03/09/11 ............ ........ FIELD DATA LABORATORY DATA DRILLING METHOD(S): - ------ Vibracore z 0 LIMITS > ....... .....—-------------..................... ....................._...........M.... <Z z LIJ >X GROUNDWATER INFORMATION! W W 0 LLJ W W 0 0 Uj U� > M 0 z w W P: P: U) 0 ILI -j woza n 5 V) (n z v) LLJ z > 1� > CL CL Q Z Z Uj Ow OZ R, zuj S'L)1RI::"ACE ELEVATION: -6' NAVD M -J 0 a. Z :) 0 < < 0 0 ............................. ............................................................... Uj W 0 0 LU M lm-w CL LL -11L PI 0 DESCRIPTION OF STRATUM ............ ............................ 2 3 4 5 6 .............. POORLY GRADED SAIND, light gray and light browri, dry. 5 NP NP NP T§P 7 S-2 10 3 Same as above, moist. 8 S-3 53 2 Same as above 9 POORLY GRADED SAND, light gray and light brown, moist. 10 S-4 9.2----N 11 P N I P N 11 P� 4... (SP) ...................... .......... A, Boring was extended to an elevation of-10-feet NAVD during the drilling operations. za Q, r. ..........------ ............. ........................... REMARKS: N -STANDARD PENETRATION TEST RESISTANCE Boring depth and location was determined by representatives of HDR Engineering,Inc P- POCKET PENETROMETER RESISTANCE Boring operations were performed by Naismith Marine Services,a subconsuftant to RETL T- POCKET TORVANE SHEAR STRENGTH at GPS Coord.N 17,116,486 E 1,400,412. ..................... .......................................... 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"i6 •Map Projection:TX83-SF v > ' C-0054 Dimensions and attributes �'- •Sonar Time at Target:9/19/2017 11:59:52 AM •Target Width:0.0 US ftp r •Click Position •Target Height:0.0 US ft ` 27.6189855783-97.2143464295(WGS84) •Target Length:0.0 US ft m 1 � (X)1400565.12(Y)17115947.38(Projected •Target Shadow:0.0 US ft ✓ � Coordinates) •Classification1:361 BRIDGE PILES e "� •Map Projection:TX83-SF C-0055 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:47:49 AM •Target Width:3.3 US ft � ��� •Click Position •Target Height:0.0 US ft 27.6199045915-97.2144316167(WGS84) •Target Length:8.1 US ft l� (X)1400534.13(Y)17116281.18(Projected •Target Shadow:0.0 US ft u Coordinates) •Classification 1:UNIDENTIFIABLE DEBRIS •Map Projection:TX83-SF � I I Nd DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF C-0056 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:05:56 AM •Target Width:1.8 US ft •Click Position •Target Height:0.0 US ft 27.6171273353-97.2145518265(WGS84) •Target Length:4.0 US ft (X)1400505.49(Y)17115271.18(Projected •Target Shadow:0.0 US ft Coordinates) •Classification 1:UNIDENTIFIABLE DEBRIS •Map Projection:TX83-SF r C-0057 Dimensions and attributes y! i •Sonar Time at Target:9/25/2017 11:25:52 AM •Target Width:2.4 US ft �` 7h •Click Position •Target Height:1.2 US ft �1 11 27.6198259687-97.2148144510(WG384) •Target Length:2.2 US ft ( (X)1400410.46(Y)17116251.34(Projected •Target Shadow:3.3 US ft Coordinates) •Classification 1:TIRE ��' - •Map Projection:TX83-SF i r �y n C-0058 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:49:55 AM •Target Width:1.4 US ft •Click Position •Target Height:0.4 US ft 27.6224444745-97.2150566273(WGS84) •Target Length:10.8 US ft �r (X)1400322.35(Y)17117202.43(Projected •Target Shadow:1.9 US ft Coordinates) •Classification1:PROBABLE PILING r •Map Projection:TX83-SF I'f ri; rz C-0059 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:43:35 AM •Target Width:2.4 US ft �G •Click Position •Target Height:0.2 US ft 27.6222566040-97.2151171688(WGS84) •Target Length:5.2 US ft ( (X)1400303.44(Y)17117133.93(Projected •Target Shadow:1.8 US ft s, Coordinates) •Classification 1:UNIDENTIFIABLE DEBRIS m� •Map Projection:TX83-SF 1h Pt"; DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF C-0060 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:44:26 AM •Target Width:0.0 US ft i fl •Click Position •Target Height:0.0 US ft 27.6209786648-97.2152122519(WGS84) •Target Length:1.6 US ft(X)1400277.38(Y)17116669.06(Projected •Target Shadow:0.0 US ft Coordinates) •Classification 1:PIPE OR PILING 4� •Map Projection:TX83-SF I� �r r" C-0061 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:43:07 AM •Target Width:4.1 US ft •Click Position •Target Height:0.0 US ft 27.6228798254-97.2155097683(WG384) •Target Length:13.7 US ft p (X)1400174.01 (Y)17117359.20(Projected •Target Shadow:0.0 US ft Coordinates) •Classification 1:SUNK KAYAK NEAR DOCK? � �, •Map Projection:TX83 SF I C-0062 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:31:51 AM •Target Width:2.0 US ft •Click Position •Target Height:0.1 US ft 27.6261062519-97.2157730336(WGS84) •Target Length:1.7 US ft (X)1400076.83(Y)17118531.21 (Projected •Target Shadow:1.0 US ft Coordinates) •Classification1:TIRE •Map Projection:TX83-SF I (r ,u� Iiil G C-0063 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:40:50 AM •Target Width:0.0 US ft v` •Click Position •Target Height:0.0 US ft 27.6261088509-97.2159556059(WGS84) •Target Length:1.4 US ft (X)1400017.71 (Y)17118531.56(Projected •Target Shadow:0.0 US ft Coordinates) •Classification 1:tires •Map Projection:TX83-SF A z ya, DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF C-0064 Dimensions and attributes Gi •Sonar Time at Target:9/25/2017 11:40:46 AM •Target Width:3.1 US ft r. •Click Position •Target Height:1.5 US ft 27.6261880723-97.2159910053(WGS84) •Target Length:3.4 US ft (X)1400005.96(Y)17118560.24(Projected •Target Shadow:9.0 US ft Coordinates) •Classification 1:UNIDENTIFIABLE DEBRIS •Map Projection:TX83-SF rd 4 r �- C-0065 Dimensions and attributes L •Sonar Time at Target:9/25/2017 11:34:30 AM •Target Width:1.8 US ft •Click Position •Target Height:0.0 US ft 27.6287678581-97.2167647697(WG384) •Target Length:3.2 US ft (X)1399745.89(Y)17119495.51 (Projected •Target Shadow:0.0 US ft Coordinates) •Classification 1:UNIDENTIFIABLE DEBRIS •Map Projection:TX83-SF ke�ie del r�lrl C-0066 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:39:37 AM •Target Width:1.8 US ft j •Click Position •Target Height:0.0 US ft r 27.6276729884-97.2168050211 (WGS84) •Target Length:2.4 US ft 1K,Av (X)1399736.90(Y)17119097.36(Projected •Target Shadow:0.0 US ft Coordinates) •Classification1:UNIDENTIFIABLE DEBRIS •Map Projection:TX83-SF V g,/ C-0067 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:58:28 AM •Target Width:1.1 US ft •Click Position •Target Height:0.0 US ft 27.6291384756-97.2169665949(WGS84) •Target Length:3.3 US ft(X)1399679.17(Y)17119629.57(Projected •Target Shadow:0.0 US ft Coordinates) •Classification 1:UNIDENTIFIABLE DEBRIS •Map Projection:TX83-SF DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF APPENDIX 4 NOAA/N M FS SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS DocuSign Envelope ID:CDFF3BFF-1456-467D-9F46-OFE09A6125DF --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID:CDFF3BFF-145B-467D-9F46-OFE09A6125DF C74T are� UNITED STATES DEPARTMENT OF COMMERCE All National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office " E' 263 13th Avenue South St.Petersburg,FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming,harassing, or killing sea turtles or smalltooth sawfish,which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled,be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg,Florida. d. All vessels associated with the construction project shall operate at"no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes (e.g., marked channels)whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division(727-824- 5312) and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions,required of your specific project, outside these general conditions,if applicable,will be addressed in the primary consultation. 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W sl3dei SSOaD JNIJ03N4 CO m 1IS18H0 SnJaOJ {O /110 - o slumm tcl r CL o3JNNNIINIVW 13NN H N YJVd N 81111218$30 19 31V0 -ON NOISIA3i1 NOI1d1210S30 A8 I— ON NOISIA3t1 OZ/LO/HO W N_ IL J Q Z O W F Z ILa (99,MVN) '11 NOUVM13 (99,OAM) 'll NOLLVA (99,OA") 'LJ NDI1V313 O¢ Z Z Z O O O o. 1 3Nf135VB 1 o+ 3NIl3StlB ~ o} 3Nf135V9 1 ~ c} 0NI003N0 rT Z f ON100380 Ii Z f 0NI003N0 ; Z i O o _ D o oo f (98,MVN)'li NOLLYM13 (98,MVN)'li NOUVA 3 (88,OAVN)'li NOUV313 (88.MVN) 'li NOUVM13 (89,OAVN) 'Li NOLLVA3i3 (88.GAM) 'Li NOILVAM3 I 1 1 Z Z \\j u 3Nf135VB \� ~ o+ 3NIl3SVB ) ~ o+ u 3NfI35V9 < o+ 0I 0N100310 I Z oI ON1003tlOT Z oI 0N100310 r rcl 1 ❑ – rcl � ❑ – rcV o n T 5 ❑ ❑ O O 1 ' a o o (98,M")'Li NOLLYM13 (89,MM)'Li NOLLV313 - N I m W 8 w o o N $I Q I I (88,DAbN)'ll NDILVA3l3 CP ❑ D] V - LL LL - 0] ❑ o U ❑ I I I � I W` N2ZOZ/9Z/1 03madn 0 SZZaM oNP-I-ld SGOIA-S 6—G-6u3 /o JU—m IodGo z rosrd DN No re,IHlaaa 63 3 SN0003S N SVX31 s ."e:::t W sl3dei SSOZIO ONIO03N4 CO m 1IS18HO SnJaO0 {O AIIJ — o Z U NGW Il 31NG0� tcl C) z W y � irn INWHSNON H73ONVo C 3JNVNIINIVW 13NNVNJ,NINJVd U N 81111218$30 19 31V0 -ON NOISIA3i1 NOI1d121— A8 I— ON NOISIA3t1 OZ/LO/HO W N_ (99,QAVN) 'li NOLLVA313 (99,GAVN) 'li NOLLVA (99,OA") 'Li NDI1V313 J Z LLI O F Z OC CL \ \ \ bW \ \ 1 \ t 1 0 \ I I - 1 I I I I I 1 I 1 j f \ I ) I I I I I / I 1 I I 1 I / I I \ I I \ 1 ) \ 1 I I I oI } IN11311 \ aI 1111/31/ oI DNID03Y0 of 3-3-- o 3NIl3StlB } o} �I 3NI135tl9 0 rc � � rcV rcV 11 1 1 1 \ I / F F 6 o� s fT 71iv w 1. 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(B8,QAbN)'li N0-13 (86,OAVN)'li NOLLtlA3l3 (W,OAVN)'li NOLLVA3l3 ILLL - 0] ❑ o U p I � I W fZDZ/L/8'031VOd1 0 SZZaM oNP-I-ld SGOIA-S 6—G-6u3 /o JU—m IOdGo z rosrd oN LLo le,ls aaa H SN01103S N o �sl3dei SbX31 SS0�10 ONI003N0 N N vm syal'I 1IS18H0 SnJaO0 {O /110 — o c Q MGW 13 31NG0� N T W o 1NANSWON HJV39 ONV 30NVN31NIVW 13NNVH0,N3NOVd U NDI1d1210S30 A9 31V0 -ON NOISIA3i1 NOI1-7S30 A8 31- ON NOISIA3t1 OZ/LO/HO (B8,MVN) '13 NOLLtlA3l3 (BH,OAVN) '13 NOLLtlA3T3 (H8,OAVN) 'Li NOI1VA313 W No. _ I8 �8 L6 Q Z W F Z CL bw op / u 3Nf o+ u 3NIl3SVB a+ u 3NIl3SV9 0+ ON100310 3tl0 f ON1003tl0 ON1003NO f ol 8 8 8 (B0,MVN)"13 NOLLtlA3l3 (20,MVN)"li NOLLtlA3l3 (HB,OAVN)'13 NOLLVA3l3 (88,MVN) 'Jj NOLLVA13 (BB,OAVN) 'li NOLLVA (88,OA") 'Li NOI1VA313 o 1 I 1 II 1 I 1 1 1 1 � 1 \ 1 �RN 3-3— o} 3-3— o{ 3NI135V9 I c+ rcl ONI003N0 rc 9NIOU380 rcl ONIO03NU BRI I CP Ti ll o LL Goo Iii i o m ;e LL � - m I _ I - ❑ o U p I ao o o o o o R (88,MVN)'li NOOtl 13 (89,MM)'li NOLLVA3l3 (N,OAVN)'li NOLLVA313 W fZDZ/L/8'031VOd1 0 SZZaM oNIOO!old SGOIA-S 6—G-6u3 /D JU—m IodGo z rosrd DN No,e,IHIaDa I SNO1103S N o SVX31 w N r-N "ms Yr r:::l. �si3dtl1 I1SI21H0 Nda00 {O /110 SS0a0JNIJ03N4 0 0 CX3 slumm tcl o3JNNNIINIVW 13NN H NIYJVd N N DI1dIaHS30 A9 31V0 -ON NOISIA3i1 NOI1d-SM 778 31Y0 -ON NOISIA3t1 OZ/LO/HO W N_N (88,MVN) 'li NOLLVA313 (88,GAVN) 'li NOLLVA (88,OA") 'Li NDI1V313 '! 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G oo o o oo (88,MVN)'li f NOLLV313 (88,MVN)'li NOLLV313 (8B,OAVN)'li NOUV313 (B8,MVN) 'J3 NOLLVA313 (BH,OAVN) '13 NOUWG3 (28,OAVN) '13 NDI1VA313 I I / '4r\3NI1350Ho+ 3NI135V8 a+ 3NI135V8 0+ 5NW380 01I003iO f �� ONIO03N0 1 N I w LL CP R 4 0 9i L�S w 0 q 8 8 8 m a - LL 8 $ $ - m C, o U ❑ o 0 0 of o 0 0 of o 0 0 loo oI I (98,MVN)'li NOLLtlA3l3 (B6,MVN)'J3 NOLLV3l3 (W,OAVN)'JJ NO-3 I � I W fZDZ/L/8'031VOd1 0 SZZaM oNP-I-ld SGOIA-S 6—G-6u3 /D JU—m lOdGo z rosrd oN No Ie,IHlaaa P SN011035 N o SVX31 W r4) pmN tlms Y r::::�. .N,.�siadei I1SI21H0 S11d�100 {� /110 SS0�10 JNIJ03N4 0 0 6 Z U NGW Il 31NG0� tcl � � N � 1NANSWON HJff ONV C 30NV01NM 13NNVH0,N3N0Vd U N DI1d121HS3O A9 31V0 -ON NOISIA3i1 NOUNOSM 778 31Y0 -ON NOISIA3t1 OZ/LO/HO W IN L6 Q Z O W F Z OC a (94,MVN) 'li NOLLVA313 (90,MHN)'li NOLLVA3l3 (98,MVH) 'lj NOI1VA 3 1 oo II 1 I I 1 �I gr ' 3 I I I i ' C 3-3- 0} 3NI-8 o} 3NI135H9 0} rcl ONW310 f IS ON100381 ^ f rcl ONIO0MO 1 1 171 7171 l � I 0 3 F o 3p F v 3 —,1 1 I I I I I I I 1 (BB,MVN)'li NOLLYM13 (68,MM)'li NOLLV3l3 (W,OAVN)'li NOLLVA313 C, VJ m W 4 CP ❑ m � _ S ILLL - 0] ❑ o U 0 p I I � I W fZDZ/L/8'03iVOdD 0