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HomeMy WebLinkAboutC2024-129 - 6/18/2024 - Approved (10)Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS CONTRACT DOCUMENTS FOR CONSTRUCTION OF CENTRAL KITCHEN GENERATOR (CDBG) PROJECT NUMBER: 852305F (BUCK finfiSTOS flSSOCIfiTtS, LK 453 MIMS KS. / CORPUS CHRISTI, TX / (361) 884-4422 • • • • • • • 00000000 • • 00000 JAMES C. WARD % •98558 7 00000000000 Record Drawing Number: PBG-917 4.9 KYLE 31:rie5— Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 0 0100 TABLE OF CONTENTS CONFORMED SPECIFICATIONS Division / Section Title Division 00 Preface Documents 00 00 00 Cover Sheet 00 01 00 Table of Contents 00 01 02 List of Drawings Division 00 Procurement and Contracting Requirements 00 52 23 Agreement (Rev 12-2021) 00 72 00 General Conditions (Rev 6-2021) 00 73 00 Supplementary Conditions (Rev 3-2023) 00 74 00 Special Conditions for CDBG (Rev 10-2018) 00 74 01 CDBG Federal Requirements for Construction Contracts Division 01 General Requirements 01 11 00 Summary of Work (Rev 10-2018) 01 23 10 Alternates and Allowances (Rev 5-2020) 01 29 01 Measurement and Basis for Payment (Rev 5-2020) 01 33 01 Submittal Register (Rev 10-2018) 01 35 00 Special Procedures (Rev 10-2018) 01 50 00 Temporary Facilities and Controls (Rev 8-2019) 01 57 00 Temporary Controls (Rev 8-2019) Part T Technical Specifications 22 05 00 Basic Plumbing Requirements 22 05 05 Starting of Plumbing Systems 22 05 10 Minor Plumbing Demolition 22 05 29 Hangers and Supports for Plumbing Piping 22 05 53 Identification for Plumbing Piping and Equipment 22 05 93 Tests — Plumbing Piping Systems 22 10 00 Plumbing Piping 26 00 10 Special Provisions for Electrical Work 26 01 00 Access Doors Table of Contents Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 00 01 00 -1 Rev 1/2022 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Division / Section Title 26 01 10 Raceways 26 01 11 Conduits and Fittings 26 01 13 Cable Trays 26 01 20 Wire and Cable 600V and Under 26 01 31 Junction and Pull Boxes 26 0140 Wiring Devices 26 01 70 Disconnect Switches 26 01 90 Supporting Devices 26 04 11 Underground Services 26 04 50 Grounding 26 04 71 Panel Boards 26 04 76 Fuses 26 05 01 Lighting Fixtures 26 06 03 Empty Raceways Systems 26 06 12 Emergency Power Systems (Natural Gas) 26 09 96 Electrical System Commissioning and Startup 26 36 23 Transfer Switches Appendix All Testing Reports as Applicable 1 N/A END OF SECTION Table of Contents Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 000100-2 Rev 1/2022 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 00 0102 LIST OF DRAWINGS Sheet No. Description Consultant's Sheet No. GENERAL 1 Title Sheet T1 2 General Information AG1.1 ARCHITECTURAL 3 Site Plan A1.1 4 Generator Plan & Details A2.1 ELECTRICAL 5 Electrical Site Plan E1.1 6 Electrical Plan E1.2 7 One -Line Diagram E2.1 8 Existing Panel Schedules E2.2 9 Electrical Schedules & Details E2.3 10 Natural Gas Plan P1.1 11 Natural Gas Isometric P1.2 END OF SECTION List of Drawings Central Kitchen Generator (CDBG) Project 852305F 000102-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 ARO J CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Higginbotham Insurance Agency, Inc. 11700 Katy Freeway, Suite 1100 Houston TX 77079 CONTACT NAME: Ashley Enrique PHONE FAX (A/C, No, Ext): 817-349-2279 (A/C No): 817-347-6981 ADDRESS: aenrique@higginbotham.net INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: United Fire & Casualty Co. 13021 INSURED CFMCD McDonald Municipal & Industrial, a Div. of C.F. McDonald Electric, Inc. 5044 Timber Creek Dr. Houston TX 77017-595 INSURER B : Travelers Property Casualty Company Of America 25674 INSURER C: Texas Mutual Insurance Company 22945 INSURER D : Westchester Surplus Lines Ins Co 10172 INSURER E : Houston Casualty Company 42374 INSURER F : COVERAGES CERTIFICATE NUMBER: 178212075 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INSD SUBR VI/VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY B5318281 4/1/2024 4/1/2025 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 X PD Ded- $1,000 MED EXP (Any one person) $ 5,000 X Contractual Liab PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES jECT X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED x SCHEDULED AUTOS NON -OWNED AUTOS ONLY 85318281 4/1/2024 4/1/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE CUP2T41569324NF 4/1/2024 4/1/2025 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 DED X RETENT ON $ in nnn PROD -COMP APS AGG $ 10,000,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N NIA 0001303563 4/1/2024 4/1/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT $ 1,000,000 A D E L/R Equipment/Instal. Floater Pollution Liability Professional Liability 46308377 G27577313010 HCC2469262 4/1/2024 4/1/2024 4/1/2024 4/1/2025 4/1/2025 4/1/2025 *See Below 'See Below 'See Below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverages: Crime Policy Number: 105917903: Policy Term: 4/01/2024-04/01/2025 Single Loss Limit - $750,000; $5,000 Single Loss Retention Installation Floater Policy Number: 46308377: $3,000,000 All Job Sites; $5,000 Deductible Leased/Rented Equipment Policy Number: 46308377: $200,000 Per Item Limit; $1,000 Deductible Pollution Liability Policy Number: G27577313010: $10,000,000 Each Pollution Condition; $5,000 Deductible Professional Liability Policy Number: HCC2469262: $1,000,000 Each Claim; $1,000,000 Total of All Claims; $15,000 Deductible Per Claim See Attached... CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Attn: Risk Manager PO Box 9277 Corpus Christi TX 78469-9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED R PRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 ACO AGENCY CUSTOMER ID: CFMCD LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Higginbotham Insurance Agency, Inc. NAMED INSURED McDonald Municipal & Industrial, a Div. of C.F. McDonald Electric, Inc. 5044 Timber Creek Dr. Houston TX 77017-595 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability policy includes a blanket additional insured endorsement that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status. The General Liability policy includes a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and the certificate holder that requires it. The General Liability policy includes a primary and non-contributory provision only when there is a written contract between the insured and the certificate holder that requires such provision. The General Liability policy includes a blanket endorsement providing 30 days' notice of cancellation that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it, except 10 days of nonpayment of premium. The General Liability policy includes a blanket additional insured endorsement, which includes Completed Operations and Ongoing Operations, that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status. The General Liability policy includes Contractual Liability. The Commercial Automobile policy includes a blanket additional insured endorsement that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status. The Commercial Automobile policy includes a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and the certificate holder that requires it. The Commercial Automobile policy includes a primary and non-contributory provision only when there is a written contract between the insured and the certificate holder that requires such provision. The Commercial Automobile policy includes a blanket endorsement providing 30 days' notice of cancellation that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it, except 10 days of nonpayment of premium. The Umbrella Liability policy is follow form on the General Liability, Automobile Liability and Employers' Liability policies. The Umbrella Liability policy includes a blanket endorsement providing 30 days' notice of cancellation that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it, except 10 days of nonpayment of premium. The Workers Compensation policy includes a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and the certificate holder that requires it. The Workers Compensation policy includes a blanket endorsement providing 30 days' notice of cancellation that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it, except 10 days of nonpayment of premium. The Workers Compensation policy includes a United States Longshore and Harbor Workers' Compensation Act Coverage Endorsement. The Workers Compensation policy includes a Texas Maritime Coverage Endorsement. The Contractors Pollution Liability policy includes a blanket additional insured endorsement that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status. The Contractors Pollution Liability policy includes a blanket additional insured endorsement, which shall be primary and non-contributory only when there is a written contract between the insured and the certificate holder that requires such provision. The Contractors Pollution Liability policy includes a blanket additional insured endorsement, which includes Products- Completed Operations Hazard that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status. The Contractors Pollution policy includes a includes a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and the certificate holder that requires it. RE: Project #852305F — Central Kitchen Generator (CDBG) Certificate holder is insured as noted above and complete to include: City of Corpus Christi and Chuck Anastos Associates, LLC ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 00 61 13 PERFORMANCE BOND BOND NO. 100395924 Contractor as Principal Name: McDonald Municipal and Industrial, a Division of C.F. McDonald Electric, Inc. Mailing address, (principal place of buslness)1 5044 Timber Creek Houston, TX 77017 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 Contract Project narnp and number: Project #852305F Central Kitchen Generator (CDBG) AWard Dateth Of e COntr June 18, 2024 cti Three HuAred Fifty Two Thousand Four ContraCt.PriCe: Hundred Sixty -Nine and 00/100 Dollars f$352,469.00) Bond June 18, 2024 Date of Bond: (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: Merchants Bonding Company (Mutual) Mailing address (principal place of business): PO Box 14498 Des Moines, IA 50306-3498 Physical address (principal place of business): 6700 Westown Parkway West Des Moines, IA 50266 Surety is a corporation organized and existing under the laws of the state of; IOWA By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds In the State of Texas, Telephone (main number): 800-678-8171 Telephone (for notice of claim): 800-678-8171 Local Agent for Surety Name: Higginbotham Insurance Agency Address: 11700 Katy Freeway, Ste 1100 Houston, TX 77079 Telephone: 713-952-9990 Email Address: MMaddux@higginbotham.net The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of insurance by calling the following toll -free number: 1-800-252-3439 Performance Bond Project Name and Number 00 6113 - 1 Rev 5/2024 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work through the Warranty Period required by the Contract Documents then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. The Contract Documents between Owner and Contractor is incorporated by reference into this Statutory Performance Bond, pursuant to Chapter 2253 of the Texas Government Code. 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. If Contractor does not faithfully construct and complete said Work through the Warranty Period under its contract with Owner, and Owner invokes its contractual rights and declares Contractor in default, Surety shall promptly remedy the default, and at Owner's sole option, Surety shall: 1. Within a reasonable time (but not later than 30 days after Surety receives written notice of Contractor's default), with written notice to Owner, step into and assume the role, all rights and all obligations of the defaulting Contractor under the Contract Documents. Upon assumption of this role, Surety directly shall contract with a Completion Contractor hired/engaged by Surety to complete the Work. The selection of the Completion Contractor must be approved in writing by Owner. Surety shall be responsible for any and all costs incurred, up to the Bond Sum, to complete the Work; or 2. In the event Surety fails to contract with a Completion Contractor within 90 days of receipt of Owner's written notice of Default, Owner may, at Owner's sole discretion, select a Completion Contractor in accordance with Texas law to complete the Work, ln this event, Surety shall pay Owner any and all costs, up to the Bond Sum, for Owner's selected Completion Contractor to complete the Work; or 3. At Owner's sole discretion, Surety shall pay Owner the estimated amount for Owner to execute a Project Completion Contract with a Completion Contractor, selected by Owner in accordance with Texas Law, solely to complete the Work. Surety shall pay Owner any and all costs, up to the Bond Sum, for Owner -selected Completion Contractor to complete the Work. Venue shall Ile exclusively in Nueces County, Texas, Surety agrees to be bound by the mediation clause in Article 22 of the Contract Documents between Owner and Contractor, said Contract Documents incorporated by reference In this Bond. Performance Bond Project Name and Number 00 61 13- 2 Rev 5/2024 onousignEnvelope ID: r2400A4oA4 ~o"I" Contractor as Prigcl-pbl" Signature: I/ / / President Special Projects Email Address: odonekbnu.com S Name: N1ichoe|[Naddux Title: Attorney -in -Fact EmoUAddnso: MMaddux��higQinboUhonunnt (Attach Power ofAttorney and place surety seal below) END OF SECTION Performance Bond Project Name and Number 0VG113'3 Rew5/Z0Z4 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 POA 0018 (1/24) - o - 1S 0 C � u•. 2003 % STATE OF IOWA *'• {7 • r:.`` COUNTY OF DALLAS ss. ''.'•"•",,• MERCHANTS BONDING COMPANY,„ POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, C Tyler Smith; Chris Kolkhorst; Denise Raker; James R Reid; Michael Maddux; Ryan K Moss; Sandra Villegas; Stacie Clark their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed," In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of February , 2024 p,�K10NA< .•• orti�.co •. • z• '— ram: :Q•. 1933 ; c By ..d MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC, d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY 774- On this 3rd day of February 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing Instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 9,1A4 Penni Miller O r Commission Number 787952 z • .11•• My Commission Expires IOWA, January 20, 2027 (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of •��Pt10Ng4 � .•0• k11G Co•• . p? p '° •• • : v 2003 c� i y :4 % 1933 ,..•; d;•. •• ' . • • •',J. ' . ,�i ... • •'`1.•• ,...... 11. ......' • • • • • • Secretary Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 MERCHANTS BONDING COMPANY,. MERCHANTS BONDING COMPANY (MUTUAL) • P.O. BOX 14498 • DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 • FAX: (515) 243-3854 Have a complaint or need help? If you have a problem with a claim or your premium, call your insurance company or HMO first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company or HMO. If you don't, you may lose your right to appeal. To get information or file a complaint with your insurance company or HMO: Merchants Bonding Company (Mutual) Call: Compliance Officer at (800) 671-8171 Toll -free: (800) 671-8171 Email: regulatory@merchantsbonding.com Mail: P.O. Box 14498, Des Moines, Iowa 50306-3498 To get insurance information you may also contact your agent: Higginbotham Insurance Agency Inc Call: (713) 952-9990 Mail: 11700 Katy Freeway Ste 1100, Houston, TX 77079 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov Email: ConsurnerProtection@tdi.texas.gov Mail: Consumer Protection, MC: CO-CP, Texas Department of Insurance, PO Box 12030, Austin, TX 78711-2030 2,Tiene una queja o necesita ayuda? Si tiene un problema con una reclamation o con su prima de seguro, Ilame primer() a su compania de seguros o HMO. Si no puede resolver el problema, es posible que el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en ingles) pueda ayudar. Aun Si usted presenta una queja ante el Departamento de Seguros de Texas, tambien debe presentar una queja a traves del proceso de quejas o de apelaciones de su compania de seguros o HMO. Si no lo hace, podria perder su derecho para apelar. SUP 0032 TX (7/23) Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 Para obtener informaciOn o para presentar una queja ante su compahia de seguros o HMO: Merchants Bonding Company (Mutual) Llame a: Compliance Officer al (800) 671-8171 Telefono gratuito: (800) 678-8171 Correo electronico: regulatory@merchantsbonding.com Direccion postal: P.O. Box 14498 , Des Moines, Iowa, 50306-3498 El Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado: Llame con sus preguntas al: 1-800-252-3439 Presente una queja en: www.tdi.texas.gov Correo electronico: ConsumerProtection@tdi.texas.gov Direccion postal: Consumer Protection, MC: CO-CP, Texas Department of Insurance, PO Box 12030, Austin, TX 78711-2030 SUP 0032 TX (7/23) Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 00 61 16 PAYMENT BOND BOND NO, 100395924 Contractor as Principal Name: McDonald Municipal and Industrial, a Division of C.F. McDonald Electric, Inc. !Mailing ,eoldress (prihcipal Made of btsines:s): 5044 Timber Creek Houston, TX 77017 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 Contract Project name and number: Project #852305F Central Kitchen Generator (CDBG) Award tate of the•Contract: June 18, 2024 Three Hundred Fifty -Two Thousand Four Contra ct prie. Hundred SIxty-Illne and 00/100 Dollars ' ($352.469.001 Bond Date of Bond: June 18, 2024 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: Merchants Bonding Company (Mutual) Mailing address (principal place of business): PO Box 14498 Des Moines, IA 50306-3498 Physical address (principal place of business): 6700 Westown Parkway West Des Moines, IA 50266 Surety is a corporation organized and existing under the laws of the state of: IOWA By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Its license to execute bonds in the State of Texas, Telephone (main number): 800-678-8171 Telephone (for notice of claim): 800-678-8171 Local Agent for surety Name: Higginbotham Insurance Agency Address: 11700 Katy Freeway, Ste 1100 Houston, TX 77079 Telephone: 713-952-9990 Email Address: MMaddux@higginbotham.net The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of insurance by calling the following toll -free number: 1-800-252-3439 Payment Bond Form Project Name and Number 00 61 16-1 5/2024 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 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 Documents then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length hereivVenue shall lie exclusively in Nueces County, Texas for any legal action. Contractorras Principy Signature: Name: VVa ne petkennneie Title: --N/tce President Special Projects Email Address: wayneb@mcdonaldinc.com Surety Signature: Name: Michael Maddux Title: Attorney -in -Fact Email Address: MMaddux@higginbotham.net (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form Project Name and Number 00 61 16- 2 5/2024 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 STATE OF IOWA ,••...kt......• COUNTY OF DALLAS ss. MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, C Tyler Smith; Chris Kolkhorst; Denise Raker; James R Reid; Michael Maddux; Ryan K Moss; Sandra Villegas; Stacie Clark their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of February , 2024 *,.......... � 0�4\p,P0q %I.; • :Q: :ram-:'_ -o-v • +V'•. 2003 ;,„ :y•_ 1933 �; By J2 • ~ . MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY 77 On this 3rd day of February 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. iowr» Penni Miller Commission Number 787952 My Commission Expires January 20, 2027 (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of ,4,........... + . ..... Q 4o/ P 0 / '0y. :Zi2 ct:p: s v', 2003 :,, - : y'• 1933 �.�c: • :d' . :. ; ma • y. a': POA 0018 (1/24) Secretary Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 MERCHANTS BONDING COMPANY,. MERCHANTS BONDING COMPANY (MUTUAL) • P.O. BOX 14498 • DES MOINES, IOWA S0306-3498 PHONE: (800) 678-8171 • FAX: (SIS) 243-385,1 Have a complaint or need help? If you have a problem with a claim or your premium, call your insurance company or HMO first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company or HMO. If you don't, you may lose your right to appeal. To get information or file a complaint with your insurance company or HMO: Merchants Bonding Company (Mutual) Call: Compliance Officer at (800) 671-8171 Toll -free: (800) 671-8171 Email: regulatory@merchantsbonding.com Mail: P.O. Box 14498, Des Moines, Iowa 50306-3498 To get insurance information you may also contact your agent: Higginbotham Insurance Agency Inc Call: (713) 952-9990 Mail: 11700 Katy Freeway Ste 1100, Houston, TX 77079 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question: 1-800-252-3439 File a complaint: www.tdi,texas.gov Email: ConsumerProtection@tdi.texas.gov Mail: Consumer Protection, MC: CO-CP, Texas Department of Insurance, PO Box 12030, Austin, TX 78711-2030 Jiene una queja o necesita ayuda? Si tiene un problema con una reclamacion o con su prima de seguro, Ilame primero a su compania de seguros o HMO. Si no puede resolver el problema, es posible que el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en ingles) pueda ayudar. Aun si usted presenta una queja ante el Departamento de Seguros de Texas, tambien debe presentar una queja a traves del proceso de quejas o de apelaciones de su compatila de seguros o HMO. Si no lo hace, podria perder su derecho para apelar. SUP 0032 TX (7/23) Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 Para obtener informacion o para presentar una queja ante su compania de seguros o HMO: Merchants Bonding Company (Mutual) Llame a: Compliance Officer al (800) 671-8171 Telefono gratuito: (800) 678-8171 Correo electronico: regulatory@merchantsbonding.com Direccion postal: P.O. Box 14498 , Des Moines, Iowa, 50306-3498 El Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado: Llame con sus preguntas al: 1-800-252-3439 Presente una queja en: www.tdi.texas.gov Correo electrOnico: ConsumerProtection@tdi.texas.gov DirecciOn postal: Consumer Protection, MC: CO-CP, Texas Department of Insurance, PO Box 12030, Austin, TX 78711-2030 SUP 0032 TX (7/23) Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 00 52 23 AGREEMENT This Agreement, for the Project awarded on June 18, 2024, is between the City of Corpus Christi (Owner) and McDonald Municipal & Industrial (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: Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Chuck Anastos Associates, LLC 453 Everhart Road Corpus Christi, TX 78411 KMcCord@anastosassociates.com 2.02 The Owner's Authorized Representative for this Project is: Joseph Johnson — Assistant Director of Engineering Services, Construction Management 4917 Holly Road, Building 5 Corpus Christi, TX 78411 JosephJ2@cctexas.com ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 90 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 120 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. Agreement Central Kitchen Generator (CDBG) Project# 852305F 005223-1 Rev 12/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 C. Milestones, and the dates for completion of each, are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $400.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $400.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 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 $ 352,469.00 ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement Central Kitchen Generator (CDBG) Project# 852305F 005223-2 Rev 12/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 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.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement Central Kitchen Generator (CDBG) Project# 852305F 005223-3 Rev 12/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. Agreement Central Kitchen Generator (CDBG) Project# 852305F 005223-4 Rev 12/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 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 01 00 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement Central Kitchen Generator (CDBG) Project# 852305F 005223-5 Rev 12/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 ARTICLE 10 — CONTRACT DOCUMENT SIGNATURES ATTEST DocuSigned by: S15e f r Rebecca Huerta City Secretary CITY OF CORPUS CHRISTI , —DocuSigned by: 7/18/2024 Jeffrey Edmonds, P.E 7/17/2024 Director of Engineering Services M2024-091 AUTHORIZED 6/18/2024 APPROVED AS TO LEGAL FORM: BY COUNCIL DocuSigned by: FarnRann9AAQa. Assistant City Attorney 7/17/2024 RH/SB ATTEST (IF CORPORATION) CONTRACTOR (Seal Below) Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Agreement Central Kitchen Generator (CDBG) Project# 852305F DocuSigned by: ww,--) '—CC1D105B607F4C2... By: Wayne Berkenmeier 7/2/2024 Title: Vice President Special Projects 5044 Timber creek Address Houston TX 77017 City State Zip 713-921-1368 713-921-5109 Phone Fax wayneb@mcdonal di nc. corn Email END OF SECTION 005223-6 Rev 12/2021 000" ignsnvoopom:csoozx4x-CBAn-4oan-A95*nrFc4Box4ox4 006116 PAYMENT BOND BOND NO. 100395924 Contractor aoPrincipal McDonald Municipal and Industrial, Division of C.F. McDonald Electric, Inc. 5044 Timber Creek Houston, TX 77017 Owner Name: City ofCorpus Christi, Texas Mailing address /prindpoVplacoof6udnesz: EnNncodngServ|ces l201Leopard Street Corpus Christi, Texas 784O1 Contract Project #852305F Central Kitchen Generator (CDBG) Three Hund a Fifty -Two Thousand Four Contract Rrl6p: Hundred Sixt line and 00/100 Dollars Bond Date ofBond: June l8.2O24 (Date ofBond cannot beearlier than Award Date of Contract) Surety Name: Merchants Bonding Company (Nutua0 Mailing address (principal place ?fbuziness): POBox 14488 Des K8o|neo. |A508OG-3498 Physical address (principal place qƒbudness): 6700 Parkway West Des Moines, |A502O0 Surety |oacorporation organized and existing under the laws of the state of: IOWA 8ysubmitting this Bond, Surety affirms its authority todobusiness /nthe State o/Texas and Its license to execute bonds In the State of Texas, Telephone (main num6ed: 000-678-8171 Telephone (for notice qƒcloim):8OO-678-8i71 Local Agent for Surety Name: Higginbotham Insurance Agency Address: 11700Ka Freeway, Ste 1100 Houston, TX77O79 Telephone: 713-852-8990 Email Address: MMaddux@higginbotham.net The address ofthe surety company towhich any notice ofclaim should 6osent may beobtained from the Texas Dept. oƒInsurance 6ycalling the following toll -free numben2'800'252`3439 Payment d Form 006116-1 5/2024 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 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 Documents then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined In accordance with the provisions of said Chapter to the same extent as if it were copied at length hereipAtenue shall Ile exclusively in Nueces County, Texas for any legal action. Contractor as TirincirraV Signature: Name: pfayneyke°1<enmeier Title: --Vice President Special Projects Email Address: waynebamcdonaldinc.com Signature: Name: Michael Maddux Title: Attorney -in -Fact Email Address: MMaddux@higginbotharnsiet (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form Project Name and Number 00 61 16 - 2 5/2024 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 BONDING COMPANY,,., POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, C Tyler Smith; Chris Kolkhorst; Denise Raker; James R Reid; Michael Maddux; Ryan K Moss; Sandra Villegas; Stacie Clark their true and lawful Attorney(s)-in-Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015, "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recngnizances, contracts of indemnity and other writings obligatory In the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed," In connection with obligations in favor of the Florida Department of Transportation only, It is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of February , 2024 2003 ,G STATE OF IOWA • ;4' * .• COUNTY OF DALLAS ss. •••"" ..... 47.09 P 0 O�j'r'• 9 `. • •►- -0- eft. •z:� :' • a•• 1933 By • 3W 6..• MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY On this 3rd day of February 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Penni Miller Commission Number 787952 My Commission Expires January 20, 2027 (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this ..........., ..•-••. POA 0018 (1/24) 18th day of June , 2024 . Secretary Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 BONDING COMPANY,,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (In California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, C Tyler Smith; Chris Kolkhorst; Denise Raker; James R Reid; Michael Maddux; Ryan K Moss; Sandra Villegas; Stacie Clark their true and lawful Attorney(s)-In-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, hnnrls and iinriprtakinns rpcngni7ancps nnntrants of inrlamnity and nthpr writings nhiigatnry in the natiirn thprpof " "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it Is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney in C-+nt cannot be modified cr revoked nice prior written-1 notice of ouch intent hn been given In the Commisoioner Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of February , 2024 ' olP•Rl•��°'�. O 0: w4C; y 0 . 2003 %STATE OF IOWA �a.$ •.. . •,,.•� •gym COUNTY OF DALLAS ss.""...... ,O�RP0q A9' • ; V '4.A•yc: :It ? -0- d: •• z ; 3• : a • 1933 : c' es•.• • By MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY President, On this 3rd day of February 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. IOWA Penni Miller Commission Number 787952 My Commission Expires January 20, 2027 (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this ' v� ........ r��6 POA 0018 (1/24) 18th day of June , 2024 . Secretary 000" ignsnvoopom:csoozx4x-CBAn-4oan-A95*nrFc4Box4ox4 006113 PERFORMANCE BOND BONUNO. 100385924 Contractor aaPrincipal ' . K�uDuna�K8un�i | d/ndu�ha|.a Name:DivisionofC.F.K4oDonaldEleoho.|wc. MaU|hAa6Jtess�or�p1aoaof,bux/ne"� / SO44Timber Creek Houston, TX77O17 Owner Name: City ofCorpus Christi, Texas Mailing address (prhncipo/placoofbus/ness): Engineering Services 1201 Leopard Street Corpus Christi, Texas 784U1 Contract Project #852305F Central Kitchen Generator (CDBG) ' June I8,2024 P' 'c Three undred Fifty -Two Thousand Four Bond Date ofBond: June l8`2O24 (Date ofBond cannot 6eearlier than Award Date of the Contract) Surety Name: Merchants Bonding Company (Nubal) Mailing address (prihdpo/ploceofbusinoss): POBox 144A8 Don Moines, |A5U3O0-3498 Physical address (principal place of business): G7OOVVnatownParkway West Des Moines, |A5V260 Surety bucorporation organized and existing under the laws ofthe state of: |OVVA 8ysubmitting this Bond, Surety affirms its authority toubbusiness in the State o/Texas and its license to execute bonds in the State of Texas. Telephone (main oum6mj:8OO-67O-8171 Telephone (for notice qfclaim)/ 800-678-8171 Local Agent for Surety Name: Higginbotham Insurance Agency Address: 117OOKaty Freeway, Ste 1100 Houston, TX 77079 Telephone: 713-Q52' 990 Email Address: MMaddux@higginbotham.net The address ofthe surety company towhich any notice ofclaim should besent may 6eobtained from the Texas Dept. oƒinsurance bycalling the following toll -free number, 1-800-2S2-3439 Performance Bond Project Name and Number Rev 5/2024 OU6113'1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work through the Warranty Period required by the Contract Documents then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. The Contract Documents between Owner and Contractor is incorporated by reference into this Statutory Performance Bond, pursuant to Chapter 2253 of the Texas Government Code, 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. If Contractor does not faithfully construct and complete said Work through the Warranty Period under its contract with Owner, and Owner invokes its contractual rights and declares Contractor in default, Surety shall promptly remedy the default, and at Owner's sole option, Surety shall: 1. Within a reasonable time (but not later than 30 days after Surety receives written notice of Contractor's default), with written notice to Owner, step into and assume the role, all rights and all obligations of the defaulting Contractor under the Contract Documents. Upon assumption of this role, Surety directly shall contract with a Completion Contractor hired/engaged by Surety to complete the Work. The selection of the Completion Contractor must be approved in writing by Owner. Surety shall be responsible for any and all costs incurred, up to the Bond Sum, to complete the Work; or 2. In the event Surety fails to contract with a Completion Contractor within 90 days of receipt of Owner's written notice of Default, Owner may, at Owner's sole discretion, select a Completion Contractor in accordance with Texas law to complete the Work. In this event, Surety shall pay Owner any and all costs, up to the Bond Sum, for Owner's selected Completion Contractor to complete the Work; or 3. At Owner's sole discretion, Surety shall pay Owner the estimated amount for Owner to execute a Project Completion Contract with a Completion Contractor, selected by Owner in accordance with Texas Law, solely to complete the Work. Surety shall pay Owner any and all costs, up to the Bond Sum, for Owner -selected Completion Contractor to complete the Work. Venue shall lie exclusively in Nueces County, Texas. Surety agrees to be bound by the mediation clause in Article 22 of the Contract Documents between Owner and Contractor, said Contract Documents incorporated by reference in this Bond. Performance Bond Project Name and Number 00 6113 - 2 Rev 5/2024 000" ignsnvoopom:csoozx4x-CBAn-4oan-A95*nrFc4Box4ox4 Contractor as Princip4l ^ Name: ~VVnvnoBorkenmeier �~ Title: Vi6e President Special Projects Email Address: waynob@mcdono|dihc.nom Name: Michael yNaddux Title: Attorney -in -Fact Email Address: K8[Naddux(o)higginbothamoet (Attach Power of Attorney and place surety seal below) END OFSECTION Performance Bond Project Name and Number Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 ERC NTS BONDING COMPANY.,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, C Tyler Smith; Chris Kolkhorst; Denise Raker; James R Reid; Michael Maddux; Ryan K Moss; Sandra Villegas; Stacie Clark their true and lawful Attorney(s)-In-Fact, to sign Its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed," In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of February , 2024 2003 ti STATE OF IOWA •�`•k'' I-7 ..'° COUNTY OF DALLAS ss."""'""*** MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY s1.-: -0- ' ° d• 1933 By e //_ • e�Wjy . •�..o`"�eo •• On this 3rd day of February 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �pFktA(S Penni Miller zo a. Commission Number 787952 • My Commission Expires IOWA January 20, 2027 (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. NotapG ' b In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 18th day of June , 2024 POA 0018 (1/24) '`r., h pRp 4): ®Z. :°mp..0 P0,9q�1;.. wZ .p. vtQ: •per-- : .* - 0 - • ��. v'. 2003 :G ; y_ 1933 •' Secretary Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 BONDING COMPANY,,,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, C Tyler Smith; Chris Kolkhorst; Denise Raker; James R Reid; Michael Maddux; Ryan K Moss; Sandra Villegas; Stacie Clark their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It Is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of February , 2024 ��.•'Pg10N44 ••° ••DING Ca •••� a. ( Gow 0'14 6'p'. ; w°?OR P ........... I ,q '°s'y MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY V 2003 :` : y 1933 ; C • By STATE OF IOWA +°••'''''' i***•*.•'''o COUNTY OF DALLAS ss. On this 3rd day of February 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,,ccoA<m Penni Miller z �� ° Commission Number 787952 • My Commission Expires January 20, 2027 IOWP (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 18th day of �$4$ 10 NQ4'••. • . • o�NG cps,•. :'` +•RPoR °•• °*' PU9 'O•'• -o- 0:G_G :►V': Z -o- r" • v :`. �' 1933 c: c� . 2003 :�: y�. •„ti: o % , POA 0018 (1/24) Secretary June ,2024 . Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS CONTRACT DOCUMENTS FOR CONSTRUCTION OF CENTRAL KITCHEN GENERATOR (CDBG) PROJECT NUMBER: 852305F (BUCK finfiSTOS flSSOCIfiTtS, LK 453 MIMS KS. / CORPUS CHRISTI, TX / (361) 884-4422 • • • • • • • 00000000 • • 00000 JAMES C. WARD % •98558 7 00000000000 Record Drawing Number: PBG-917 4.9 KYLE 31:rie5— Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 0 0100 TABLE OF CONTENTS CONFORMED SPECIFICATIONS Division / Section Title Division 00 Preface Documents 00 00 00 Cover Sheet 00 01 00 Table of Contents 00 01 02 List of Drawings Division 00 Procurement and Contracting Requirements 00 52 23 Agreement (Rev 12-2021) 00 72 00 General Conditions (Rev 6-2021) 00 73 00 Supplementary Conditions (Rev 3-2023) 00 74 00 Special Conditions for CDBG (Rev 10-2018) 00 74 01 CDBG Federal Requirements for Construction Contracts Division 01 General Requirements 01 11 00 Summary of Work (Rev 10-2018) 01 23 10 Alternates and Allowances (Rev 5-2020) 01 29 01 Measurement and Basis for Payment (Rev 5-2020) 01 33 01 Submittal Register (Rev 10-2018) 01 35 00 Special Procedures (Rev 10-2018) 01 50 00 Temporary Facilities and Controls (Rev 8-2019) 01 57 00 Temporary Controls (Rev 8-2019) Part T Technical Specifications 22 05 00 Basic Plumbing Requirements 22 05 05 Starting of Plumbing Systems 22 05 10 Minor Plumbing Demolition 22 05 29 Hangers and Supports for Plumbing Piping 22 05 53 Identification for Plumbing Piping and Equipment 22 05 93 Tests — Plumbing Piping Systems 22 10 00 Plumbing Piping 26 00 10 Special Provisions for Electrical Work 26 01 00 Access Doors Table of Contents Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 00 01 00 -1 Rev 1/2022 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Division / Section Title 26 01 10 Raceways 26 01 11 Conduits and Fittings 26 01 13 Cable Trays 26 01 20 Wire and Cable 600V and Under 26 01 31 Junction and Pull Boxes 26 0140 Wiring Devices 26 01 70 Disconnect Switches 26 01 90 Supporting Devices 26 04 11 Underground Services 26 04 50 Grounding 26 04 71 Panel Boards 26 04 76 Fuses 26 05 01 Lighting Fixtures 26 06 03 Empty Raceways Systems 26 06 12 Emergency Power Systems (Natural Gas) 26 09 96 Electrical System Commissioning and Startup 26 36 23 Transfer Switches Appendix All Testing Reports as Applicable 1 N/A END OF SECTION Table of Contents Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 000100-2 Rev 1/2022 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 00 0102 LIST OF DRAWINGS Sheet No. Description Consultant's Sheet No. GENERAL 1 Title Sheet T1 2 General Information AG1.1 ARCHITECTURAL 3 Site Plan A1.1 4 Generator Plan & Details A2.1 ELECTRICAL 5 Electrical Site Plan E1.1 6 Electrical Plan E1.2 7 One -Line Diagram E2.1 8 Existing Panel Schedules E2.2 9 Electrical Schedules & Details E2.3 10 Natural Gas Plan P1.1 11 Natural Gas Isometric P1.2 END OF SECTION List of Drawings Central Kitchen Generator (CDBG) Project 852305F 000102-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 00 52 23 AGREEMENT This Agreement, for the Project awarded on [insert Award Date], is between the City of Corpus Christi (Owner) and Owner and Contractor agree as follows: (Contractor). ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Chuck Anastos Associates, LLC 453 Everhart Road Corpus Christi, TX 78411 KMcCord@anastosassociates.com 2.02 The Owner's Authorized Representative for this Project is: Joseph Johnson — Assistant Director of Engineering Services, Construction Management 4917 Holly Road, Building 5 Corpus Christi, TX 78411 JosephJ2@cctexas.com ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 90 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 120 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. Agreement Central Kitchen Generator (CDBG) Project# 852305F 005223-1 Rev 12/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS C. Milestones, and the dates for completion of each, are as defined in Section 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $400.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $400.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 — CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement Central Kitchen Generator (CDBG) Project# 852305F 005223-2 Rev 12/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement Central Kitchen Generator (CDBG) Project# 852305F 005223-3 Rev 12/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. Agreement Central Kitchen Generator (CDBG) Project# 852305F 005223-4 Rev 12/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 01 00 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement Central Kitchen Generator (CDBG) Project# 852305F 005223-5 Rev 12/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS ARTICLE 10 — CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Jeffrey Edmonds, P.E Director of Engineering Services APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney AUTHORIZED ATTEST (IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Agreement Central Kitchen Generator (CDBG) Project# 852305F Title: Address City State Zip Phone Fax Email END OF SECTION 005223-6 Rev 12/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 00 72 00 GENERAL CONDITIONS Table of Contents Page Article 1— Definitions and Terminology 10 1.01 Defined Terms 10 1.02 Terminology 15 Article 2 — Preliminary Matters 16 2.01 Delivery of Bonds and Evidence of Insurance 16 2.02 Copies of Documents 16 2.03 Project Management System 16 2.04 Before Starting Construction 17 2.05 Preconstruction Conference; Designation of Authorized Representatives 17 Article 3 — Contract Documents: Intent, Requirements, Reuse 17 3.01 Intent 17 3.02 Reference Standards 18 3.03 Reporting and Resolving Discrepancies 19 3.04 Interpretation of the Contract Documents 20 3.05 Reuse of Documents 20 Article 4 — Commencement and Progress of the Work 20 4.01 Commencement of Contract Times; Notice to Proceed 20 4.02 Starting the Work 20 4.03 Progress Schedule 21 4.04 Delays in Contractor's Progress 21 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 22 5.01 Availability of Lands 22 5.02 Use of Site and Other Areas 22 5.03 Subsurface and Physical Conditions 23 5.04 Differing Subsurface or Physical Conditions 24 5.05 Underground Facilities 25 5.06 Hazardous Environmental Conditions at Site 26 Article 6 — Bonds and Insurance 28 6.01 Performance, Payment, and Other Bonds 28 General Conditions Corpus Christi Standards 007200-1 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-2 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-3 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 12.04 Substitutions 55 Article 13 — 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 Corpus Christi Standards 007200-4 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-5 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-6 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 24.03 Contractor's Responsibilities 104 24.04 Document Submittal 105 24.05 Document Numbering 105 24.06 Document Requirements 106 Article 25 — 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 Article 26 — 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 Corpus Christi Standards 007200-7 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Article 30 - 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 Corpus Christi Standards 007200-8 Rev 6/2021 000mignEnvelope ID: usscuo4x-Coxu-4oao-A9oaoFFu4oax4oA4 CONFORMED SPECIFICATIONS 30.21 Notices. 121 General Conditions Corpus Christi Standards Rev 6/2021 OO7lOU 9 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-10 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-11 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-12 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-13 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-14 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-15 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-16 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-17 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3. Organization of the Contract Documents is not intended to control or lessen the responsibility of the Contractor when dividing Work among Subcontractors or Suppliers, or to establish the extent of Work to be performed by trades, Subcontractors, or Suppliers. Specifications or details do not need to be indicated or specified in each Specification or Drawing. Items shown in the Contract Documents are applicable regardless of their location in the Contract Documents. 4. Standard paragraph titles and other identifications of subject matter in the Specifications are intended to aid in locating and recognizing various requirements of the Specifications. Titles do not define, limit, or otherwise restrict Specification text. 5. Provide the labor, documentation, services, materials, or equipment that may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result, whether specifically called for in the Contract Documents or not. Include these related costs in the offered Contract Price. B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. C. Comply with the most stringent requirements where compliance with two or more standards is specified and they establish different or conflicting requirements for the Work, unless the Contract Documents indicate otherwise. D. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications. E. The Project Record Copy of the Contract Documents governs if there is a discrepancy between the Project Record Copy of the Contract Documents and subsequent electronic or digital versions of the Contract Documents, including printed copies derived from these electronic or digital versions. F. The Contract supersedes all prior written or oral negotiations, representations, and agreements. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only by a Modification. G. Request clarification from OAR for a decision before proceeding if Contractor is not clear on the meaning of the Contract Documents. OAR is to issue clarifications and interpretations of the Contract Documents in accordance with the Contract Documents. 3.02 Reference Standards A. Standard Specifications, Codes, Laws and Regulations: 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of technical societies, organizations, or associations, or to Laws or Regulations, whether specific or implied, are those in effect at the time Contractor's Bid is submitted or when Contractor negotiates the Contract Price unless specifically stated otherwise in the Contract Documents. General Conditions Corpus Christi Standards 007200-18 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-19 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 20 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-21 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 22 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 23 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 24 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 25 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 26 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 27 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 28 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 29 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-30 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-31 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-32 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-33 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Article and the Supplementary Conditions. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 6.07 Waiver of Rights A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in the Supplementary Conditions. B. All policies purchased in accordance with this Article are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contain provisions that the Subcontractor waive all rights against Owner, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 6.08 Owner's Insurance for Project A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. General Conditions Corpus Christi Standards 007200-34 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-35 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-36 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-37 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-38 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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.E 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 Corpus Christi Standards 007200-39 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 40 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-41 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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.E 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 Corpus Christi Standards 00 72 00 - 42 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 43 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 44 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 45 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 46 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 47 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 48 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 49 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 50 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-51 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-52 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-53 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 54 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-55 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-56 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-57 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 58 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 59 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 60 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 50% of the FHWA rental rates found in the Blue Book if Contractor is directed by Owner in writing to standby. Standby costs will not be allowed during periods when the equipment would otherwise have been idle. For a six -day work week, no more than eight hours per a 24-hour day, no more than 48 hours per week and no more than 208 hours per month shall be paid of standby time. Operating costs shall not be charged by Contractor. e. Rental of construction equipment, including the costs of transporting, loading, unloading, assembling, dismantling, and removing construction equipment, whether rented from Contractor or others, in accordance with rental agreements approved by Owner. Costs for rental of equipment will not be paid when the equipment is no longer necessary for the Work. Justify idle time for equipment by demonstrating that it was necessary to keep equipment on Site for related future Work; 1) The hourly rate shall be determined by dividing the actual invoice cost by the actual number of hours the equipment is involved in the Work. Owner reserves the right to limit the hourly rate to comparable Blue Book rates. 2) If Contractor is directed to standby in writing by Owner, standby costs will be paid at the invoice daily rate excluding operating costs, which includes fuel, lubricants, repairs and servicing. f. Applicable sales, consumer, use, and other similar taxes related to the Work for which the Owner is not exempt, and which Contractor pays consistent with Laws and Regulations; g. Deposits lost for causes other than negligence of Contractor's Team; h. Royalty payments and fees for permits and licenses; i. Cost of additional utilities, fuel, and sanitary facilities at the Site; j. Minor expense items directly required by the Work; and k. Premiums for Bonds and insurance required by the Contract Documents. D. The Cost of the Work does not include the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals of partnerships and sole proprietorships, general managers, safety managers, superintendents, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, clerks, and other personnel employed General Conditions Corpus Christi Standards 007200-61 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 62 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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.B.1 through 15.05.B.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.B.1 and 15.02.B.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 Corpus Christi Standards 00 72 00 - 63 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS E. Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price within 30 days of OAR's decision under Paragraph 15.03.D, if: 1. The total cost of a particular item of Unit Price Work amounts to 20 percent or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the Contractor differs by more than 20 percent from the estimated quantity of an item indicated in the Contract; 2. There is no corresponding adjustment with respect to other items of Work; and 3. Contractor believes it has incurred additional expense as a result of this condition or Owner believes that the quantity variation entitles Owner to an adjustment in the Contract Price. 15.04 Contingencies A. Contingency funds may be included in the Contract Price to pay for Work not defined specifically by the Contract Documents that is essential to the completion of the Project. Contingency funds will be as described in the Contract. B. The contingency funds may be used for costs incurred by the Contractor provided these costs are approved by the Owner. Costs are to be determined and documented in accordance with Paragraph 15.01. The contingency funds are not to be used for the following items: 1. Cost overruns due to changes in material costs after the Contract Price is established, unless specific price escalation provisions are made in the Contract. 2. Rework required to correct Defective Work. 3. Inefficiencies in completing the Work due to the Contractor's selected means, methods, sequences, or procedures of construction. 4. Work Contractor failed to include in the Contract Price. 5. Changes required by changes in Laws and Regulations enacted after the Contract Price is established. 6. Any Work that does not constitute a change in Scope in the Work included in the Contract Price. C. OAR is to issue a Change Order for approved expenditures from contingency funds. When the Change Order is issued, the costs are to be added to the Application for Payment. Contractor is to maintain a tabulation showing the contingency amount, adjustments to the contingency amount, and amounts remaining as the Project progresses. D. Any contingency amounts that are not included in a Change Order are retained by the Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. General Conditions Corpus Christi Standards 00 72 00 - 64 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS ARTICLE 16 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 16.01 Access to Work A. Provide safe access to the Site and the Work for the observation, inspection, and testing of the Work in progress. Contractor can require compliance with Contractor's safety procedures and programs as part of providing safe access. 16.02 Tests, Inspections and Approvals A. OPT may retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform inspections. Notify OAR when the Work is ready for required inspections and tests. Provide adequate notice to allow for coordination with entities providing inspection or testing as determined by the OAR. Cooperate with inspection and testing personnel and assist with providing access for required inspections, tests, and handling test specimens or Samples. B. Arrange for and facilitate inspections, tests, and approvals required by Laws or Regulations of governmental entities having jurisdiction that require Work to be inspected, tested, or approved by an employee or other representative of that entity. Pay associated costs and furnish OAR with the required certificates of inspection or approval. C. Arrange, obtain, and pay for inspections and tests required: 1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to OPT; 2. To attain OPT's acceptance of materials or equipment to be incorporated in the Work; 3. By manufacturers of equipment furnished under the Contract Documents; 4. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; 5. For acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work; 6. For re -inspecting or retesting Defective Work, including any associated costs incurred by the testing laboratory for cancelled tests or standby time; and 7. For retesting due to failed tests. D. Provide independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to OPT to provide these inspections and tests. 16.03 Defective Work A. It is Contractor's obligation to ensure that the Work is not Defective. B. OPT has the authority to determine whether Work is Defective and to reject Defective Work. C. OAR is to notify Contractor of Defective Work of which OPT has actual knowledge. D. Promptly correct Defective Work. E. Take no action that would void or otherwise impair Owner's special warranties or guarantees when correcting Defective Work. General Conditions Corpus Christi Standards 00 72 00 - 65 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 66 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 67 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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; 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; g• j• i. Failure to submit up-to-date record documents as required by the Contract Documents; Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; 1<. Failure to provide Project photographs required by the Contract Documents; I. Failure to provide Certified Payroll required by the Contract Documents; General Conditions Corpus Christi Standards 00 72 00 - 68 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 69 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 70 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-71 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-72 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-73 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 74 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3. Include Attachment A to show the earned value on each line item in the Schedule of Values for Work shown in the original Contract. 4. Include Attachment B to show the earned value on line items for approved Change Orders. Add items to Attachment B as Change Orders are approved. Change Orders must be approved before payment can be made on Change Order items. 5. Include Attachment C to document set -offs required per the Contract Documents. Show each set-off as it is applied. Show a corresponding line item to reduce the set-off amount if a payment held by a set-off is released for payment. 6. Include Attachment D to allow tracking of invoices used to support amounts requested as materials in Attachments A and B. Enter materials to show the amount of the invoice assigned to each item in Attachment A or B if an invoice includes materials used on several line items. 7. Complete the certification stating that all Work, including materials and equipment, covered by this Application for Payment have been completed or delivered and stored in accordance with the Contract Documents, that all amounts have been paid for Work, materials, and equipment for which previous payments have been made by the Owner, and that the current payment amount shown in this Application for Payment is now due. C. Submit attachments in Portable Document Format (PDF): 1. Generate attachments to the Application for Payment using the Excel spreadsheet provided. 2. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. 17.09 Responsibility of Owner's Authorized Representative A. OAR will review draft Application for Payment with Contractor to reach an agreement on the values that will be recommended for payment by the OAR. B. OAR will review Application for Payment submitted by Contractor to determine that the Application for Payment has been properly submitted and is in accordance with the agreed to draft Application for Payment. C. OAR is to either recommend payment of the Application for Payment to Owner or notify the Contractor of the OPT's reasons for not recommending payment. Contractor may make necessary corrections and resubmit the Application for Payment if it is not recommended within 10 days after receipt of the notice. OAR will review resubmitted Application for Payment and reject or recommend payment of the Application for Payment to Owner as appropriate. D. OAR's recommendation of the Application for Payment constitutes a representation by OPT that based on their experience and the information available: 1. The Work has progressed to the point indicated; 2. The quality of the Work is generally in accordance with the Contract Documents; and 3. Requirements prerequisite to payment have been met. General Conditions Corpus Christi Standards 007200-75 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-76 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-77 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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.B 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 Corpus Christi Standards 00 72 00 - 78 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 79 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 80 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-81 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-82 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-83 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 84 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-85 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-86 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-87 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 88 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 89 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 90 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-91 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-92 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-93 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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; Provide adequate quantities of representative products to be tested to the laboratory at the designated locations; g• General Conditions Corpus Christi Standards 00 72 00 - 94 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 1<. 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 Corpus Christi Standards 007200-95 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-96 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-97 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 98 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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. f. Persons responsible for each test, and 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 21.11.6.5 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 Corpus Christi Standards 00 72 00 - 99 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 J• CONFORMED SPECIFICATIONS 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. 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 Corpus Christi Standards 00 72 00 - 100 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-101 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 102 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 103 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 104 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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. 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. g• 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 Corpus Christi Standards 00 72 00 - 105 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 106 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 107 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 108 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 109 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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. 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. g• General Conditions Corpus Christi Standards 007200-110 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-111 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-112 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-113 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-114 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-115 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-116 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-117 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-118 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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. 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. g• 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 Corpus Christi Standards 007200-119 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 120 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-121 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 122 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3. Allow a reasonable time to review documents, taking into consideration the size and complexity of the document, other documents being processed, and other factors that may affect review time. 4. Allow time for re -submission of each document. Contractor is responsible for delays associated with additional time required to review incomplete or erroneous documents and for time lost when documents are submitted for products that do not meet Specification requirements. 27.04 Schedule Revisions A. Revise the schedule if it appears that the schedule no longer represents the actual progress of the Work. 1. Submit a written report if the schedule indicates that the Project is more than 30 days behind schedule. The report is to include: a. Number of days behind schedule; b. Narrative description of the steps to be taken to bring the Project back on schedule; and c. Anticipated time required to bring the Project back on schedule. 2. Submit a revised schedule indicating the action that the Contractor proposes to take to bring the Project back on schedule. B. Revise the schedule to indicate any adjustments in Contract Times approved by Modification. 1. Include a revised schedule with Change Proposals if a change in Contract Times is requested. 2. OPT will deem any Change Proposal that does not have a revised schedule and request for a change in Contract Times as having no impact on the ability of the Contractor to complete the Project within the Contract Times. C. Updating the Project schedule to reflect actual progress is not considered a revision to the Project schedule. D. Applications for Payment may not be recommended for payment without a revised schedule and if required, the report indicating the Contractor's plan for bringing the Project back on schedule. 27.05 Float Time A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule. B. Float time is not for the exclusive use or benefit of either the Contractor or Owner. C. Where several subsystems each have a critical path, the subsystem with the longest time of completion is the critical path and float time is to be assigned to other subsystems. D. Contract Times cannot be changed by the submission of a schedule. Contract Times can only be modified by a Change Order or Contract Amendment. General Conditions Corpus Christi Standards 00 72 00 - 123 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 124 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 125 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 126 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 127 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 128 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 129 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 130 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 007200-131 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Corpus Christi Standards 00 72 00 - 132 Rev 6/2021 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Chuck Anastos Associates, LLC A. The following entities, along with the members of the OPT, are to be named as an additional insured on all insurance policies, except workers compensation insurance and the Contractor's professional liability insurance. B. Paragraph 1.01.A.54 "Substantial Completion" is more specifically defined for this Project as: 1. The following items are fully functional and suitable for operation in accordance with the Contract Documents: a. New natural gas generator and automatic transfer switch to supply Del Mar Central Kitchen side of the existing building in case of an emergency power loss. b. New wood screening fence to conceal the emergency generator and automatic transfer switch. 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. Supplementary Conditions Central Kitchen Generator (CDBG) Project# 852305F 007300-1 Rev 3/2023 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 9 rain days have been set for this Project. An extension of time due to rain days will be considered only after 9 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner." SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. 1. None Supplementary Conditions Central Kitchen Generator (CDBG) Project# 852305F 007300-2 Rev 3/2023 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 (Refer to 00 74 01— CDBG Federal Requirements for Construction — Exhibit 2): Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Broad Form 2. Premises — Operations 3. Underground Hazard 4. Products / Completed Operations 5. Contractual Liability 6 Independent Contractors 7. Personal & Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate Business Automobile Liability - Owned, Non - Owned, Rented and Leased $500,000 Combined Single Limit Workers' Compensation Statutory Employer's Liability $500,000/ 500,000/ 500,000 Excess Liability/Umbrella Liability Required if Contract Price > $5,000,000 $1,000,000 Per Occurrence Contractor's Pollution Liability / Environmental Impairment Coverage Not limited to sudden and accidental discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation > 5 ft or asbestos present $1,000,000 Per Claim • Required • Not Required Builder's Risk (All Perils including Collapse) Required for vertical structures and bridges Coverage limit shall be in the amount of the total cost of the project. • Required • Not Required Installation/Equipment Floater Required if installing city -owned equipment or storing contractor equipment on city- owned property Equal to Contract Price • Required • Not Required Supplementary Conditions Central Kitchen Generator (CDBG) Project# 852305F 007300-3 Rev 3/2023 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES SC-7.02 LABOR; WORKING HOURS B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of person or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. Regular working hours are between sun -up and sun -down, 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 Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Day December 25 SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 30 percent of the Work, measured as a percentage of the Contract Price, using its own employees." ARTICLE 14 — PREVAILING WAGE RATE REQUIREMENTS SC-14.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Determination Construction Type Project Type (WD) No TX288 Building Building Construction Projects (does not include single family homes or apartments up to and including 4 stories) Supplementary Conditions Central Kitchen Generator (CDBG) Project# 852305F 007300-4 Rev 3/2023 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS "General Decision Number: TX20240288 01/05/2024 Superseded General Decision Number: TX20220288 State: Texas Construction Type: Building Counties: Aransas, NUECES, and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). If the contract is entered into on or after Executive Order 14026 generally applies to January 30, 2022, of the contract is the contract. The contractor must pay all renewed or extended (e.g., an option is covered workers at least $17.20 per hour exercised: on or after January 30, 2022: (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. If the contract was awarded on or Executive Order 13658 generally applies to between January 1, 2015, and January 29, the contract. The contractor must pay all 2022, and the contract is not renewed or covered workers at least$12.90 per hour extended on or after January 30, 2022: (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2024. 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. Supplementary Conditions Central Kitchen Generator (CDBG) Project# 852305F 007300-5 Rev 3/2023 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Modification Number Publication Date 0 01/05/2024 B01L0074-003 07/01/2023 Rates Fringes BOILERMAKER $ 37.00 24.64 ELECO278-002 08/27/2023 Rates Fringes ELECTRICIAN $ 29.50 8.94 ENG10178-005 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane $ 32.85 13.10 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under $ 32.35 13.10 * IRON0084-011 06/01/2023 Rates Fringes IRONWORKER, ORNAMENTAL $ 27.51 8.13 * SUTX2014-068 07/21/2014 Rates Fringes BRICKLAYER $ 20.04 0.00 CARPENTER $ 15.21 ** 0.00 CEMENT MASON/CONCRETE FINISHER...$ 15.33 ** INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) $ 19.77 7.13 IRONWORKER, REINFORCING $ 12.27 ** 0.00 IRONWORKER, STRUCTURAL $ 22.16 5.26 LABORER: Common or General $ 9.68 ** 0.00 Supplementary Conditions Central Kitchen Generator (CDBG) Project# 852305F 0.00 007300-6 Rev 3/2023 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS LABORER: Mason Tender - Brick...$ 11.36 ** 0.00 LABORER: Mason Tender - Cement/Concrete $ 10.58 ** 0.00 LABORER: Pipelayer $ 12.49 ** 2.13 LABORER: Roof Tearoff $ 11.28 ** 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 14.25 ** 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 13.93 ** 0.00 OPERATOR: Bulldozer $ 18.29 1.31 OPERATOR: Drill $ 16.22 0.34 OPERATOR: Forklift $ 14.83 ** 0.00 OPERATOR: Grader/Blade $ 13.37 ** 0.00 OPERATOR: Loader $ 13.55 ** 0.94 OPERATOR: Mechanic $ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.03 ** 0.00 OPERATOR: Roller $ 12.70 ** 0.00 PAINTER (Brush, Roller, and Spray) $ 14.45 ** 0.00 PIPEFITTER $ 25.80 8.55 PLUMBER $ 25.64 8.16 ROOFER $ 13.75 ** 0.00 SHEET METAL WORKER (HVAC Duct Installation Only) $ 22.73 7.52 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 21.13 6.53 TILE FINISHER $ 11.22 ** 0.00 TILE SETTER $ 14.74 ** 0.00 TRUCK DRIVER: Dump Truck $ 12.39 ** 1.18 TRUCK DRIVER: Flatbed Truck $ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck $ 12.50 ** 0.00 TRUCK DRIVER: Water Truck $ 12.00 ** 4.11 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 ($17.20) or 13658 ($12.90). 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 EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick Supplementary Conditions Central Kitchen Generator (CDBG) Project# 852305F 007300-7 Rev 3/2023 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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) (iii)). 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 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, 0010 in the example, is an Supplementary Conditions Central Kitchen Generator (CDBG) Project# 852305F 007300-8 Rev 3/2023 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS internal number used in producing the wage determination. 8/29/2014 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. Supplementary Conditions Central Kitchen Generator (CDBG) Project# 852305F 007300-9 Rev 3/2023 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 on which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Supplementary Conditions Central Kitchen Generator (CDBG) Project# 852305F 007300-10 Rev 3/2023 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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" Supplementary Conditions Central Kitchen Generator (CDBG) Project# 852305F 007300-11 Rev 3/2023 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS ARTICLE 19 — PROJECT MANAGEMENT AND COORDINATION SC-19.21 COOPERATION WITH PUBLIC AGENCIES C. For the Contractor's convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 A/E Chuck Anastos Associates, LLC 361-884-4422 Chuck Anastos, AIA 361-884-4422 Traffic Engineering 361-826-3547 Police Department 361-882-2600 Water/ Wastewater/ Stormwater 361 826 1800 hours) (361 826 1818 after Gas Department 361-885-6900 hours) (361-885-6942 after 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 hours) (1-800-824-4424 after Grande Communications 1-866-247-2633 Spectrum Communications 1-800-892-4357 Crown Castle Communications (Network Operations Center) 1 888 632 0931 CenturyLink 361-208-0730 Windstream 1-800-600-5050 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 ARTICLE 23 — MINORITY / MBD / DBE PARTICIPATION POLICY SC-23.03 Goals A. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction Work for the Contract award shall be: Supplementary Conditions Central Kitchen Generator (CDBG) Project# 852305F 007300-12 Rev 3/2023 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 1. Minority participation goal for this Project has been established to be 45%. 2. Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 25 — SHOP DRAWINGS SC-25.03 CONTRACTOR'S RESPONSIBILITIES — NOT APPLICABLE SC-25.12 RESUBMISSION REQUIREMENTS A. Pay for excessive review of Shop Drawings. 1. Cost for additional review time will be billed to the Owner by the Designer for the actual hours required for the review of Shop Drawings by Designer and in accordance with the rates listed below: ARTICLE 26 — RECORD DATA SC-26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description 22 05 05 Startup of Plumbing System 22 05 53 ID for Plumbing Piing and Equipment 26 09 96 Electrical Systems Commissioning and Startup SC-30.21 Notices. B. Strict compliance is required for all notice provisions in this Contract. END OF SECTION Supplementary Conditions Central Kitchen Generator (CDBG) Project# 852305F 007300-13 Rev 3/2023 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 00 74 00 SPECIAL CONDITIONS FOR CDBG ARTICLE 1— GENERAL 1.01 FUNDING AGENCY REQUIREMENTS A. This Project is funded in whole or in part by Community Development Block Grant Program (Funding Agency). The Funding Agency requires specific conditions and reporting as a condition for providing this funding. The conditions and reporting forms of the Funding Agency are included in the Contract Documents. The Funding Agency requirements govern in the event of any conflict between the Funding Agency requirements and any other provision of the Contract Documents. B. The applicable Funding Agency conditions and reporting forms are as follows: Specification Section Title Funding Agency Document No. 00 74 01 Federal Requirements for Construction Contracts CDBG END OF SECTION Special Conditions for CDBG Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 007400-1 Rev 10/2018 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Neighborhood Services Department Federal Requirements for Construction Contracts CDBG Community Development Block Grant U.S. Department of Housing and Urban Development OF/ 14 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Neighborhood Services Department (NSD) Community Development Block Grant Federal Requirements TABLE OF CONTENTS I INTRODUCTION II Federal Requirements FEDERAL REQUIREMENTS III General Provision • GENERAL PROVISIONS FOR THE CONTRACT IV Labor Statutes and Rules • Federal Labor Standard Provisions —HUD 4010 V Project Requirements before Start Construction • Construction Sign and Site Postings • Contractor's Final Payment Requirements ATTACHMENT A- EXHIBITS- Special Instructions • 1.- Davis Bacon Wage Determinations (DOL Wages) (To be used in this project) • 2. - Insurance and Bonding Requirements (To be used in this project) • 3.- City of Corpus Christi Disclosure of Interest (To be Submitted with Bid) • 4.- Certificate Regarding Lobbying (To be Submitted with Bid) • 5.- Debarment and Suspension Certification (To be Submitted with Bid) • 6.- Certification of Non -Segregated Facilities (To be submitted with Bid) • 7.- Work Order Certification (To obtain after contract award for Notice to Proceed) Reports /Forms • 8.- Certified Weekly Payrolls and Davis Bacon Poster (To be posted before work begins) • 9.- Affirmative Action Plan W/MBE (To be provide after contract award) • 10. -Section 3 — Compliance Reporting (To be submitted with payment request) • 11: HUD Form 2516 — Annual Contracts Report (To be submitted with payment request) • 12: Affidavit and Waiver of Lien by Contractor- Form (To be Submitted after completion of contracted work) Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Neighborhood Services Department (NSD) Federal Requirements for CDBG Construction Contracts Community Development Block Grant (CDBG) INTRODUCTION This project is assisted thru the City of Corpus Christi with U.S. Department of Housing and Urban Development (HUD) Community Development Block Grants (CDBG) Funds. Prime Contractor and Subcontractors shall abide to City of Corpus Christi Neighborhood Services Department (NSD) Requirements, and HUD Federal Requirements for Construction Contracts receiving CDBG assistance. Other State and Local and Federal Requirements may apply. THIS SECTION ENTITLED "FEDERAL REQUIREMENTS FOR CDBG CONSTRUCTION CONTRACTS" SHALL BE INCLUDED IN ALL SOLICITATION FOR BIDS; IN THE CONSTRUCTION CONTRACT DOCUMENTS; AND WILL FORM PART OF THE CONSTRUCTION CONTRACT REQUIREMENTS FOR THIS PROJECT, AND ITS COMPLIANCE IS ENFOCEABLE. The Bidder shall submit with his/her Bid a City of Corpus Christi Disclosure of Interest Form signed by the Prime Contractor, and the Certification Regarding Lobbying (Forms are included in the end of this Section as EXHIBITS), Conflict of Interest with the City or with the Certification Regarding Lobbying will automatically disqualify the bidder. After the bids are opened, and before contract is executed, the selected Bidder shall submit a list of proposed subcontractors to the City, Neighborhood Services Department (NSD). Selected Bidder, (Prime Contractor) and his/her proposed Subcontractor shall not be included in the General Services Administration List of Parties Excluded from Federal Procurement Programs, according to E.O. 12549 and 12689 "Debarment and Suspension.". by System of Award Management (SAM) (federal web site). Selected Bidder shall provide the required certification regarding its exclusion status and that of its principal employees to Housing and Community Development Department before contract is executed. No contract shall be made to parties listed in the GSA debarred or suspended list. Written clearance approval by City is required. The City of Corpus Christi Risk Management Department will approve the selected Bidder and his/her Subcontractor's Insurance Certifications: General and Auto Liability Insurance and Workers Compensation; Bid Bonds, Performance and Payment Bonds No contract shall be made to bidder without the City of Corpus Risk Management approval. Written approval by City is required. Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS CDBG FEDERAL REQUIREMENTS strrr c 1 r cts Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Neighborhood Services Department (NSD) Community Development Block Grants U.S. Department of Housing and Urban Development FEDERAL REQUIREMENTS FOR CONSTRUCTION CONTRACTS Contractor and Subcontractors shall comply with the following Federal Requirements 1. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7)—When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient/agency shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD. Construction contracts in excess of $2,000 awarded by subgrantees required by CDBG or HOME Federal grant program legislation, shall comply with the prevailing Federal Wage Rates applicable to this particular project. and shall be displayed for employee view in a visible location at the job site. 2. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333)—Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (Apply to Construction contracts awarded by subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c)—All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD. All contracts and subgrants in excess of $2000 4. Equal Employment Opportunity —All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Sets forth the anti -discrimination policy Parts II & III are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Shall be posted by the contractor in an accessible and visible location at the job site on a notice board. (Apply to all construction contracts awarded in excess of $10,000 by contractors or subgrantees*) 5. Section 3 - Economic Opportunities for Low and Very -Low Income Persons: Training, employment and contracting opportunities shall be made available, to the greatest extent feasible, to low and very -low-income area Section Workers, Targeted Workers, and Section 3 businesses concerns. All Section 3 covered contracts shall include this clause. Apply to $200.000 construction contracts. 6. Affirmative Action Regulations and Plan - An Affirmative Action Plan must be submitted by the prime contractor and all sub -contractors who have sub -contracts of $10,000.00 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view. Must include percentage of AAP goals. 7. Women and Minority -Owned Businesses (W/MBE) - Contractor will do the best efforts to afford small business (Section 3(a) of the small business Act), minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this project. 8. Accessibility Section 504 Compliance - CDBG regulations require adherence to the following regulations: Americans with Disabilities Act (ADA) removal of architectural and communication barriers . Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of handicap. 9. Texas Architectural Barriers Act: Article 9102, Texas Civil Statutes. Enforced by the State of Texas Access Board requires that federally funded buildings and facilities be accessible to people with disabilities. A State compliance certificate will be required at completion of project construction for contracts $50,000 and above; the contractor shall strictly adhere to the construction approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations (TDLR.) Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 10. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to parties listed on System for Award Management SAM ,General Services Administration's List of Parties Excluded from Federal Procurement or Non -procurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension," as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 11. Drug -Free Workplace Requirements —The Drug -Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug -free workplaces. Each potential recipient must certify that it will comply with drug -free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. 12. Rights to Inventions Made Under a Contract or Agreement —Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by HUD. 13. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 14. Clean Air Act and Clean Water Act: Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended —Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq .) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq .). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA). 15 Energy Policy and Conservation - Adherence to State Energy Conservation Plan_. The successful bidder shall recognize and adhere to mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 16. N/A Lead Base Paint Notice: For Rehabilitation Projects Only - Lead -Based Poisoning and Prevention Act ; Lead based paint is not allowed on Federal funded projects. Contractor shall comply with LEAD SAFE HOUSING RULE (LSHR)HUD 24 CFR Part 35, (www.hud.gov) and EPA's Renovation Repair and Painting Rule (RRPR) Certified Firms and Certified Renovators Additional Requirements to HUDS LSHR Rule (see a copy on www.epa.gov/lead/pubs/renovation For more information contact the National Lead Information Center at 1-800-424 LEAD (5323) Excluded for Houses built after 1978 . 17. Access to Records & Record Retention. All contracts awarded by recipients shall include a provision to the effect that the recipient, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS audits, examinations, excerpts and transcriptions. All project documentation is required to be kept on records for three years after grantees make final payments and all other pending matters are closed. Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Housing and Community Development Department Community Development Block Grants U.S. Department of Housing and Urban Development Federal Requirements Certification In accordance with the applicable statutes and regulations governing the Federal requirements and contract provisions for construction contracts for the U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) the primary contractor certifies here that he/she shall: Comply with all applicable federal regulations and contract provisions for CDBG construction Contracts contained in the project manual, Insert appropriate provisions in all subcontractors covering work under this contract to ensure compliance by subcontractors. Agrees to comply with all other applicable federal, State, and local laws, regulations rules and policies governing the funds provided for this project. To not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246 and that he/she is not debarred from Government contracts. Signature/ Authorized Official: Title: Company: Date: Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS General Provisions for Contractors and Subcontractors Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 e er CONFORMED SPECIFICATIONS City of Corpus Christi Housing and Community Development ViSi s r tr, c r I c tr>ct rs TIMELINESS: Timely expenditures of CDBG funds is essential. Eligible selected bidder and his/her subcontractors shall have General Liability Insurances and Workers Compensation coverage readily available by the Pre -construction meeting date and are ready to start construction within ten (10) days of issued Notice to Proceed. Eligible selected Contractor and his/her Subcontractors are expected to promptly start construction, continue and finish construction activities in a steady and timely manner according with the approved Final Construction Schedule to be submitted by Contractor minimum of ten (10) days before start construction_ COMPLIANCE WITH CITY OF CORPUS CHRISTI, NSD & CDBG REQUIREMENTS. Contractor and Subcontractors shall comply with the requirements set forth under the CDBG requirements. The elected Contractor and his/her subcontractors also agree to comply with all applicable Federal, State and Local laws, rules and regulations, and policies governing the funds provided for this project. This project also requires compliance with City of Corpus Christi, Housing and Community Development (HCD) requirements not limited to insurance values, payment requests, project administration and project closing requirements and reporting. WEEKLY PAYROLLS - Certified Weekly Payroll and Certification Form WH-347: Originals certified payrolls shall be submitted weekly for prime contractor and all sub -contractors who have started working on the construction project. The first time a worker is shown on the payroll, his full name, address, social security number last four digits, and his work class must be entered. Notarized Authorization for Signature of Payrolls must be submitted by Prime Contractor and his/her subcontractors with the first payroll. Payroll deduction authorization must be submitted for each employee for the first time they work on the project. Originals signed weekly payroll certificates shall be sequentially numbered, including "No Work" weeks, and be submitted to the Agency , copy to City of Corpus Christi, Housing and Community Development (HCD) Department on weekly basis, on the following Monday after completion of the working week payroll. No payments will be approved if weekly payrolls are not submitted. See included Payroll Forms & Instruction on Section V, Labor Statutes and Rules — Davis Bacon Section . Electronic Submission is also permitted. See Davis Bacon Wage Determination at EXHIBIT 1—Attachment A SUBMISSIONS: Contractor shall submit at the Pre -Construction meeting the Finalized Construction Schedule and other information as required by the City, HCD and Agency. Any other applicable documentation and reporting to be submitted at commencement of construction, during construction and at completion of Construction and for Progress and Final Payment approval. Some Forms are in Section VIII "Project Requirements Section" CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST - Contractors who submit a bid for a contract award shall submit with his /her Bid the City of Corpus Christi Disclosure of Interest Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Form. Any Conflict of Interest with the City will immediately disqualify the Bidder. SEE FORM AT EXHIBIT 3—Attachment A CERTIFICATE REGARDING LOBBYING - Contractors who apply or bid for a contract award of $100,000 or more shall submit with his /her Bid the Certification Regarding Lobbying. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.. SEE CERTIFICATE AT EXHIBIT 4 —Attachment A CERTIFICATE REGARDING DEBARMENT AND SUSPENSION - Contractors who apply or bid for a contract award of $100,000 or more shall submit with his /her Bid the Certification Regarding Debarment and Suspension. This requirement will apply to Contractor and hi/her Subcontractors_ SEE CERTIFICATE AT EXHIBIT 5—Attachment A CONTRACTOR AND SUBCONTRACTORS LIABILITY INSURANCE REQUIREMENTS for Insurance and Bonding Requirements No construction shall commence without General Liability Insurance Certificate Coverage; Worker's Compensation, and Bonding Requirements as required by City Risk Management Department and Agency. SEE EXHIBIT 2—Attachment A GENERAL LIABILITY REQUIREMENTS - General Liability and Auto Liability, and Workers Compensation is Mandatory for all Contracts and Subcontractors. All insurance to be approved by City Risk Management Department before start construction. NOTE: All certificates of insurance shall be submitted to Agency and to the City of Corpus Christi, 1201 Leopard St., C.C. TX 78401 to be reviewed and accepted by the City of Corpus Christi Risk Management. WORKERS COMPENSATION — A statutory requirement for the Prime Contractor and all Sub- contractors. Prior to start construction the contractor shall be responsible for submitting documentation as proof of workers compensation coverage for the prime Contractor and all subcontractors used on the project site providing services for the project for the duration of the project, until completed and accepted by the Architect, Agency, and City. Failure to provide proof of current coverage at any time during construction, it will require suspension of construction work on site until Contractor is in compliance. Submit coverage allowing time for City Risk Management approval prior to start construction or at any time renewal is required. BONDING REQUIREMENTS: HUD minimum Bonding requirements for contracts in excess of $100,000 are: Bid Bonding, Performance and Payment Bonds, refer to Bonding Requirements in Insurances and Bonding EXHIBIT 2 Attachment A (Refer to project manual Bonding Requirements if the awarded Agency has higher Bonding requirements than HUD). PAYMENT POLICY - Agency shall not pay directly to Contractor without the approval for payment from the City HCD Department. The City NSD, will issue a payment check to the Agency Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS only after the Contractor is in compliance with all applicable requirements and as per Architect Certificate for Payment. Payments issued by the Agency without the proper NSD approval and contractor compliance with all applicable requirements will not be reimbursed to the Agency. The Contractor shall abide to payment requirements and documentation submittal as established by City HCD process. No payment shall be done without compliance with all applicable contract requirements. City payments are direct to the Agency only, then the Agency issues payments to the contractor. ACTIVITY REPORTING - The Owner/Agency may collect construction activity information from Contractor and Architect to submit to the City NSD mandatory monthly construction progress reports (or sooner as requested by NSD). Contractor and Subs. shall timely submit HUD reports as required. Contractor shall comply with City and HUD, reporting requirements and documentation submittal. COMPLIANCE WITH LEAD BASED— (REHABILITATION PROJECTS ONLY) Use of Lead —Based Paint is prohibited. If new construction involves demolition of existing structure or disturbs areas with lead based paint, the selected Contractor agrees that the activities concerning lead -based paint will comply with the requirements of 24 CFR Part 35 (www.hud.gov) and applies to properties constructed prior to 1978. Additionally, the legal requirements that apply to Renovation, Repair and Painting Rule (RRPR) work are governed by Environmental Protection Agency (EPA's) 2008 Lead Rule. (see www.epa.gov/lead/pub/renovation). Other State or local requirements may also apply. Each State may have different requirements. DOES NOT APPLY TO NEW CONSTRUCTION ACCESSIBILITY COMPLIANCE. Project shall comply with Texas Architectural Barriers Act and will be subject to final inspections to obtain State Certification (TDLR). Strict compliance with Texas Accessibility Standards as shown on the Architectural construction documents will be enforced. Contractor shall correct any deviance from Architect construction documents to achieve accessibility compliance and Inspections approval. PROJECT SIGN AND POSTING REQUIREMENTS - Contractor shall construct and install on the job site, in a visible place approved by Agency and City, a project sign as per drawing and specifications provided in this section. Contractor shall comply with Federal requirements about postings in a visible place federal documents for public information. SEE Project Requirements, SECTION V. WORK ORDER BY CITY AND NOTICE TO PROCEED -Agency, Contractor, and Architect/Engineer shall comply with City of Corpus Christi NSD Work Order Policy. The Prime Contractor and the Subcontractors shall submit proof of Insurance Certificates to the City of Corpus Christi for review and approval by Risk Management Department. Before start construction, the Contractor and his/her Subcontractors shall be first cleared from Debarment and/or Suspension Government List; shall have Insurance and Bonding Requirements approved by Risk Management and Agency; shall have No Conflict of Interest with City and no conflict Regarding Lobbying in order to issue a Work Order for Construction. This Work Order will authorize the Agency' or his/her Architect /Engineer to issue a Notice to Proceed with Construction to the Prime Contractor. Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS The Architect/ Engineer or the Owner is not authorized to issue a "Notice to Proceed" to the Contractor and/or commence construction before the City has issued a Work Order. Any work done by Contractor without the City NSD Work Order, will not be processed for payment. Certification and List of requirements to issue a Work Order is included here and has to be acknowledged by signature by Prime Contractor, Agency and Architect/Engineer- EXHIBIT 11 ATTACHMENT A GENERAL INSTRUCTIONS FOR PAYMENTS - To request a payment, the Contractor shall submit proper invoices to the project Architect or Engineer (NE); The A/E inspects and approves work done and verifies applicable Contractor's documentation, then submits the Application and Certification for Payment, signed by the Contractor and the project A/E, to the Agency with the Certified amount for payment; the Agency verifies that all requirements for that payment are in compliance and weekly payrolls submitted among other. Requires that are no outstanding issues from Contractor. Agency sends a letter requesting payment to the City NSD, including Architect Certification and Contractor's Invoice and all documentation that apply to each payment; City reviews and approves or disapproves the payment. COMMENCEMENT OF CONSTRUCTION CHECKLIST • The Prime Contractor submitted a City of Corpus Christi "Disclosure of Interest Form". • The Prime Contractor submitted a City of Corpus Christi "Certificate Regarding Lobbying "(100,000+ contracts) • The Prime Contractor and Subcontractors have been cleared from Debarment and Suspension Government list. • Construction Contract has been executed between the Agency and the Contractor. Copy submitted to NSD. • Prime Contractor has all required Bid, Performance and Payment Bonds approved as per Construction Contract . • The Prime Contractor has submitted Finalized List of Subcontractors for the job and their ID numbers . • The Prime Contractor and Subcontractors have all Workers' Compensation, and Commercial General Liability, Excess and Auto Liabilities Certificates submitted to the City, reviewed and approved by the City of Corpus Christi, Risk Management Department. • Agency shall provide to the City General Liability Insurance for approval to allow Contractor to start construction on the project site. To start construction: • the CDBG Project Sign shall be installed in the job site in a visible location with all required documents posted. CDBG Sign specific size, colors and wording as included in the Federal Requirements Section • Prime Contractor and Subcontractors shall submit o the name and signature of the Payroll Officer(s). o Authorization of Signature of Payrolls and o Payroll Deduction Authorization Forms for CD records (Sample forms to be provided at the Pre - construction meeting) • An Affirmative Action Plan by the Prime Contractor and any subcontractor with a $10,000 or more subcontract. to include Name of EEO Officer • The Prime Contractor (and his/her Subcontractors) are cleared and have complied with all other Project Contract Requirements as indicated in the Construction Contract between Owner and Contractor .. Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Labor Statutes and Rules -Dept. of Labor • Federal Labor Standard Provisions —HUD 4010 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Federal Labor Standards Provisions -HUD 4010 Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretaiy of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (ii i) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. Abreach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . influencing in any way the action of such Administration makes, utters or publishes any statement knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable only where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. The Contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Project Requirements • Construction Sign and Site Postings • Final Payment Requirements • Release of Liens Form Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS FIELD REQUIREMENTS: is t r e " ste All posting documents must be placed in a visible location at the job site on a notice board accessible to worker's view: Davis -Bacon Poster: WH Publication 1321; Must be placed in a visible location at the job site on a notice board. Should be displayed at the job site on a notice board with the Contractor's and sub -contractors' Affirmative Action Plans when applicable. Davis -Bacon Prevailing Wage Rates: Displays the Federal Wage Rates that apply to each individual type of project. Federal wage rates must be displayed for employee view. Must be placed in a visible location at the job site on a notice board. HUD Form 4010 Federal Labor Standards Provisions: Description of requirements of Davis -Bacon, Copeland, and Contract Work Hours and Safety Standards Acts. Must be placed in a visible location at the job site on a notice board. Section 3 Notice: To inform workers of Economic Opportunities for Low And Very -Low Income Persons. Must be placed in a visible location at the job site on a notice board. Executive Order 112461: Sets forth the anti -discrimination policy of this project. Parts II & III are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Must be placed in a visible location at the job site on a notice board. Affirmative Action Plan: Must be submitted by the prime contractor and all sub -contractors who have sub- contracts of $10,000.00 or more on the project. These must be displayed on the project bulletin board for employee view Workers Compensation Information CDBG PROJECT SIGN Project Sign: Contractor is responsible to install in a visible location as selected by the Owner, a CDBG Project Sign prior to commencement of construction. Dimensions and design are included in the construction project manual. The field location will be determined prior to work start. Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECVFICATIONS CDBG PROJECT SIGN 8' PROJECT NAME Project Address CITY OF CORPUS CHRISTI Community Development Block Grant (CDBG) U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FY 2024 CDBG FUNDS: $ Total Project Cost: $ 111111111111111111 Contractor: Address: Phone Number: Architect or Engineer: Address: Phone Number: 111111111111111111111111111111111111111111111111 Locate sign where it is most visible to the public. Fix sign is made from 4 feet x 8 feet sheet of 1/4" plywood. Sign should be posted at a minimum of than 3' 6" high from ground 1111111111111111111111111111 Red Background White Letters White Background Black Letters Blue Background SIGN DIMENSIONS WILL VARY DEPENDING ON TYPE OF PROJECT< CBCIL MAY USE PORTABLE SIGNS TO BE DISPLAYED AT EACH HOME MODIFICATION. (Changes on size to be approved by HCD) Color and Information to be the same Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS NEW CONSTRUCTION CONTRACTOR & SUBCONTRACTORS FINAL CU ENTATI N E 1 U I? E ENTS: The Prime Contractor shall submit the following with the Request for Payment at completion of Construction. Submitted in an organized ring Binder for the Owner and a copy to the City: • Certificate of Substantial Completion by Architect (AIA Doc. G704-2000) • Contractor's Affidavit of Payments of Debts and Claims (AIA Doc. G706) • Consent of Surety Company to Final Payment (AIA Doc. G707) (with Payment Bond covered Contracts) • Affidavit and Waiver of Lien by Contractor. • Contractor's Warranty • City of Corpus Christi Foundation Certificate • TDI Windstorm Certificate of Compliance WPI-8 • TDI Inspection Verification WPI-2 • Certificate of Occupancy - All applicable City' Building Division inspections approved, including:, Glazing, Plumbing, Mechanical, Electrical and Building, Fire and any other required Inspection or the" (C of 0) and all State and Local Inspections including Foundation. • Final Weekly Payrolls Certificates (For Contractor and all Subcontractors) (ALL Payrolls submitted with sequential number) including dates for 1st day of construction and last day of construction (Contractor and each Sub.) Finalized List of Subcontractors • Waiver and Release of Liens from Subcontractors and Suppliers, turned to Owner copy to CD, for Contracts not covered with Payment Bonds • Final Inspection Conducted by Architect - Walk- through and verification of work completed and accepted by Architect/Engineer, Agency Owner to include City of Corpus Christi Representative. • Obtain final project letter of acceptance from Agency Board • Final Payment Invoice by Contractor • NO LIENS IN THE PROPERTY RELEASE OF RETAINAGE REQUIREMENTS • Contract and Subcontract Activity Report; HUD 2516 Report — • Finalized List of Subcontractors • Weekly payroll incurred after last payment. • Section 3 Business Utilization Form • All Product Warranties, turned to Owner (acknowledge receipt from Owner ) • Completed punch list prepared by Architect/Engineer and signed approved • The Prime Contractor (and his/her Subcontractors) has complied with all Contract Requirements between Owner and Contractor. • Retainage Release Invoice by Contractor • NO LIENS IN THE PROPERTY • No payment demands from Subcontractors or Suppliers to be clarified. Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS AGENCY FINAL PAY _ ENT and RETAINAGE RELEASE RE U1 E ENTS: The Non -Profit Agency shall submit to Community Development: • Letter of Final project acceptance issued by Agency Board of Directors. • Application and Certification for Final Payment from Architect/Engineer (AIA Document Form G702) Application and Certification for Payment (Two original signed by Architect and Contractor) • Verification of Work Completed and accepted by City of Corpus Christi, Community Development. • Draw Request Letter from the agency requesting final payment to City • Change Orders Executed, (signed copies) for Files • All Contract and Subcontract Closeout above Requirement packets completed • State Certificate of Compliance with Texas Architectural Barriers Act Article 9102 (For projects above 50,000) (Accessibility Compliance) • Record of Non-profit Capital Contribution met for CDBG projects only. Match requirements met for HOME projects. • Agency Compliance with all Subrecipient Agreement • After a required period and when all requirements are met, the Agency may release the retainage amount (if any) to the Prime Contractor. • Release of Retainage requires (AIA Document Form G702) Application and Certification for Payment Certification form. • Close Out of project . NOTE: • After a project is closed No Change Orders can be issued or work done by Prime Contractor without a new procurement process. • Agency to submit Race and Ethnicity Report. Form to be provided by City to close project in HUD IDIS. NOTE: THE CONTRACTOR SHALL PROVIDE PAYMENT BOND INFORMATION TO EACH AND ALL SUBCONTRACTORS AND SUPPLIERS AT TIME OF EXECUTING A BINDING CONTRACT A SIGNED FORM FROM EACH SUBCONTRACTOR AND SUPPLIER ACKNOWLEDGING THAT HAVE RECEIVED PAYMENT BOND INFORMATION WILL BE REQUIRED FROM CONTRACTOR. Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS EXHIBITS SPECIAL INSTRUCTIONS TO BIDDERS EXHIBITS: • 1.- Davis Bacon Wage Rates (DOL Wages) • Note: Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). • 2.-Insurance and Bonding Requirements • 3.- City of Corpus Christi Disclosure of Interest (To be Submitted with Bid) • 4.- Certificate Regarding Lobbying (To be Submitted with Bid) • 5.- Debarment and Suspension- (To be Submitted with Bid) • 6.- Certification of Non -Segregated Facilities (To be submitted with Bid) • 7.- Work Order Certification (To obtain after contract award for Notice to Proceed) REPORTING & FORMS • 8.- Certified Weekly Payroll Form and Davis Bacon Poster • 9.-Affirmative Action Plan /MBE • 10- Section 3- Compliance Report Form & Instructions • 11.-Contract & Sub. Report HUD 2516 • 12.-Affidavit and Waiver of Lien Form Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Neighborhood Services Department (NSD) EXHIBITS CIA INST J UCTI S I The Bidder shall submit with his/her Bid a City of Corpus Christi Disclosure of Interest Form signed by the Prime Contractor. For contracts $100,000 and above shall submit the Certification Regarding Lobbying . Conflict of interest with the City or with the Certification Regarding Lobbying requirements will automatically disqualify the bidder. (Both Forms are included in the CDBG Federal Requirements Section as EXHIBITS 3 & 4 respectively). The Bidder shall submit with his/her Bid a Certification Regarding Debarment and Suspension that is not Debarred or Suspended from the System of Award Management (SAM), General Services Administration List of Parties Excluded from Federal Procurement Programs, according to E.O. 12549 and 12689 "Debarment and Suspension." This requirement applies also to his/her subcontractors. City will confirm on SAM System the selected Bidder, (Prime Contractor) and his/her proposed Subcontractors. No contract shall be made to parties listed in the debarred or suspended list. Written Clearance will be required. LSee EXHIBIT 5) Contractor and Subcontractors shall pay their workers not less than the Department of Labor Wage Determination for the specific construction project (Davis Bacon Wage Rates are included here as EXHIBIT 1) The City of Corpus Christi Risk Management Department shall review and approve the selected Contractor and his/her Subcontractors General and Auto Liability Insurance Certificates and Workers Compensation prior to commencement of any construction; Bid Bonds and Performance and Payment Bonds shall be approved by the Agency and the City Neighborhood Services Department (NSD). (Insurance and Bonding Requirements are included as EXHIBITS 2) WORK ORDER: CONTRACT FOR CONSTRUCTION CANNOT BE EXECUTED BEFORE THE CITY CLEARS CONTRACTOR AND PROPOSED SUBCONTRACTORS FROM DEBARMENT OR SUSPENSION; CONSTRUCTION CANNOT COMMENCE BEFORE CITY RISK MANAGEMENT APPROVES THE INSURANCE REQUIREMENTS FOR THE AGENCY, THE CONTRACTOR, AND HI/HER SUBCONTRACTORS, AND NSD ISSUES A WORK ORDER WHICH WILL AUTHORIZE THE ARCHITECT TO ISSUE THE NOTICE TO PROCEED WITH CONSTRUCTION. (Work Order Form included as EXHIBIT 7) Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Davis Bacon Wage Determination Federal Wage Rates applicable to this project Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS City of Corpus Christi Risk Management Department INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained _and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION All States Endorsement required if Contractor is not domiciled in Texas. EMPLOYER'S LIABILITY Statutory $500,000/$500,000/$500,000 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS BUILDIER'S RISK Policy limit shall be for total value of project. Policy shall be an all perils policy including collapse. C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non - renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2014 Insurance Requirements Housing and Community Development Casa De Manana Center 1/13/2015 ds Risk Management Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Project Requirements for Bid Bonding, Performance and Payment Bonds. Refer also to Bonding Requirements in the A/E project manual. Contracts in excess of $100,000 require the following: For subcontracts exceeding $100,000, HUD may accept the bonding policy and requirements of the recipient (agency) provided HUD has made a determination that the Federal Government's interest is adequately protected. If such a determination has not been made, the minimum requirements shall be as follows: (1) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. (2) A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (3) A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. (4) Where bonds are required in the situations described herein, the bonds shall be obtained from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR part 223, "Surety Companies Doing Business with the United States." Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Texas orkers' Co s ensation Co ission ules Chapter 110. Required Notice of Coverage: General Provisions Rule 110.110. Reporting Requirements for Building or Construction Projects for Governmental Entities. Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. the Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 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; Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes (See Figure 2): Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS CITY OF CORPUS CHRISTI - DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA." See the definitions for the Disclosure of Interest in Section II - General Information. COMPANY NAME: P. O. BOX: STREET: CITY: ZIP: FIRM is: 1. Corporation ( 4. Association ( 2. Partnership ( ) 3. Sole Owner ( ) 5. Other ( ) DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach a separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting or more of the ownership in the above named "firm." Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Definitions for the Disclosure of Interest Form a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as nonprofit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such Interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 00 11111111 VI CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit with this a Standard Form- 11, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Date Print Name of Authorized Individual Organization Name Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS rt Neighborhood Services Department Community Development Block Grants U.S. Department of Housing and Urban Development ebarment and Suspension Certification Title 24: Housing and Urban Development PART 84—UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS 84.13 Debarment and Suspension; Drug -Free Workplace. (a) Recipients and Subrecipients shall comply with the government wide non -procurement debarment and suspension requirements in 2 CFR part 2424. These government wide requirements restrict sub - awards and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. (b) Recipients and subrecipients shall comply with the requirements of the Drug -Free Workplace Act of 1988 (42 U.S.C. 701), as set forth at 24 CFR part 21. I certified by signing below, that I am in compliance with Title 24 Housing and Urban Development Part 84, Debarment and Suspension requirements in 2 CFR part 2424, and I am not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. I am also responsible for my subcontractors compliance with Debarment & Suspension and Drug Free Work Place federal regulations. Contractor Signature/ or Authorized Official: Title: Company: Date: Of/14 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Neighborhood Services Department Community Development Block Grants U.S. Department of Housing and Urban Development CERTIFICATION OF NONSEGREGATED FACILITIES The undersigned hereby certifies that: No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964 Name of Contractor/Subcontractor Project Name Project Number (if applicable) Name and Title of Signer (Print or Type) Signature Date Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS To be signed after contract award Neighborhood Services Department t tr t'dee t Work Order Certification In accordance with the applicable City of Corpus Christi Neighborhood Services Department "Work Order" Provisions governing the contract for construction for the U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG), the Primary Contractor, the Project Architect/Engineer and the Non -Profit Agency certifies here that they will comply with the following: THE ARCHITECT/ENGINEER OR THE OWNER ACKNOWLEDGE BY SIGNING BELOW THAT THEY WILL NOT ISSUE A "NOTICE TO PROCEED" TO THE CONTRACTOR AND/OR APPROVE HIM TO COMMENCE CONSTRUCTION BEFORE THE CITY NEIGHBORHOOD SERVICES DEPARTMENT HAS ISSUED A WORK ORDER TO THE AGENCY, AUTHORIZING ARCHITECT AND/OR AGENCY TO ISSUE A NOTICE TO PROCEED WITH CONSTRUCTION. PRIME CONTRACTOR AND HIS/HER SUBCONTRACTORS SHALL MET ALL APPLICABLE CITY HCD REQUIREMENTS BEFORE COMMENCEMENT OF CONSTRUCTION. ANY CONSTRUCTION WORK PERFORMED BEFORE THE CITY OF CORPUS CHRISTI NEIGHBORHOOD SERVICES DEPARTMENT (NSD) ISSUES THE WORK ORDER, WILL NOT BE APPROVED FOR PAYMENT. Non -Profit Agency / Authorized Official Signature: Title: Agency: Project Architect/Engineer / Authorized Official Signature: Title: Company: Primary Contractor / Authorized Official Signature: Title: Company: Date: Date: Date: Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Certified Weekly Payroll and Davis Bacon Act Poster Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 6 3 1?. p •A 99 o CONFORMED SPECIFICATIONS Z" Z 6 > 5; 411 .4.4 9. . 74 NO OF WODNOLMG 7,4 EXEMPI1ONS " r, 8 0 ORM. 0 0 H r 0 0 . _ , 1111 t C, 94.e Z ., p* j:,":. G5 0 i au o m P z u, if if 0 0 33 0 0 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 - DC Et CDCD rCC CC DC CD = g ri 6 13 g 4,1 ori 2. 7, 6 a: 0 CS r g F g g t4g = `.2. g- a 5 RINDS BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROG CONFORMED SPECIFICATIONS (I)S 3 g Tret170 S ai 0 4, < c r 0245 cm &- cog 8 m A a 0> I Ei2 CCC F,N1 556" DC g g (11 0.c,c AD 03 Fr CC 9. a 5 8. •SC -c 3 s a. 5 9, ,14 5-5 g ' gE3 : g a O. gCS ,q,a CD 5 CD uring the payroll period commencing on the -cc;) CC g 9, to tuaubtad atp esoJecIns JO pakatcluta suosJed a z (lied fuoteu6!s JO OWEN CD CD a a Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS EMPLOYEE RIGHT UNDER THE DAVIS-BACON ACT FOR LABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION PREVAILING WAGES OVERTIME You must be paid not less than the wage rate listed in the Davis -Bacon Wage Decision posted with this Notice for the work you perform. You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis -Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment. APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. PROPER PAY If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below: HouSING & [1.S DEPARTMENT ID)I)SING DEVELOPNIENT (DUD) 1,ABOR RELATIONS SPECIALIS 615 F. 14./ESION ST SANANTONIO, TEXAS 78205 PIIONE: 210.475.6818 For additional information: 1-866-4-USWAGE MHO (1-866-487-924.3) TTY: 1-877-889-5627 u'aw"D'''''''" WWW.WAGEHOUR.DOLGOV U.S. Department of Labor I Employmere Stlandatdo Administration I Wage and Hoar Division WO 132t (Revised Apfa 2:009Y Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the job location for the benefit of interested parties, and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower -income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. will use the HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority -owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 11246 will be required of all subcontractors of $10,000 or more. UTILIZING LOWER INCOME RESIDENTS, MINORITIES AND WOMEN To the maximum extent feasible, and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION, DEMOTION, PAY RATES, LAYOFFS, ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer (print) Name of EEO Officer COMPANY NAME: ADDRESS: SIGNATURE DATE SIGNATURE DATE PHONE NO.: Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Section 3 Compliance Report Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 REPORT DATE: CONFORMED SPECIFICATIONS SECTION 3 COMPLIANCE REPORT FORM Neighborhood Services Department (NSD) ONTRACTOR NAME PROJECT DESCRIPTION CONTRACT NUMBER Point of Contact / Title Telephone E-mail Work /Project Start Date Work/Project End Date Notes This form should be completed by all vendors, contractors and service providers who have a contract with the City of Corpus Christi, Neighborhood Services Department (NSD) that is subject to Section 3 requirements per 24 CFR Part 75 and/or NSD's Section 3 Plan. Complete this form in its entirety, and attach the following supporting documentation: Section 3 Worker and Targeted Section 3 Worker Certification forms, payroll information supporting labor hour benchmark data, certification that you followed order of hiring priority, evidence of qualitative efforts madeto comply with Section 3 and other supporting documents as applicable. You may attach a letter to this report if needed to further state your efforts, achievements orobstacles encountered. Submit this form at completion of your work or by January 5th of each contract year for multi- year contracts, unless agreed otherwise with the Section 3 Compliance Administrator. Questions and assistance with requirements and reporting can be sent to .IIyiiiriticctexas„corn„ GENERAL GUIDANCE AND DEFINITIONS Section 3 of the Housing and Urban Development Act of 1968 (codified at 12 U.S.C. 1701 u and implemented at 24 CFR Part 75, hereinafter, "Section 3"), as amended, requires that economic opportunities, most importantly employment, generated by certain U.S. Department of Housing and Urban Development ("HUD") financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, or residents of the community in which the Federal assistance is spent. Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Section 3 Worker mean;; Any worker who currently fits or when hired within the past five years fit at least one of the followingcategories, as documented: 1. The worker's income for the previous or annualized calendar year is below the income limit established by HUD. (Note: Income is considered for the worker only and not based on household) 2. The worker is employed by a Section 3 business concern. 3. The worker is a YouthBuild participant. A Targeted Section 3 Worlker for housing and community development financial assistance means a Section 3 Worker as defined in 24 CFR Part 75.21, as may be amended from time to time, and means a worker documented through self -certification or other means acceptable to HUD, who is: 1. A worker employed by a Section 3 Business Concern; or 2. A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years: i. Living within the service area or the neighborhood of the project*, as defined in § 75.5; or ii. A YouthBuild participant. *Section 3 Compliance Administrator will provide further guidance on the service area or the neighborhood of theproject for the specific project. IBIENCHMAIRIK GOALS 1. 25 percent or more of the total number of labor hours worked by all workers on the project are Section 3 Workers; and 2. 5 percent or more of the total number of labor hours worked by all workers on the project are Targeted Section 3 Workers. 3. 30 percent of all New Hires are Section 3 Workers IHI U ID INCOME ILIA M III"'IDS Low- and very low-income limits are defined in Section 3(b)(2) of the Housing Act of 1937 and are determined annually by HUD. These limits are typically established at 80 percent and 50 percent of thearea median individual income. Most recent HUD income limits may be obtained from: .ttp.§.://www,,.Irnuduuuseir„ qov/poirtaII/da tasets/ii11/i112021 /2021 sumnmary„odn Income Eligibility Guideline: FY 2021 HUD Income Limits Corpus Christi, TX HUD Metro FMR Area Very Low (50%) Income Limit No more than $24,300, or Low (80%) Income Limit No more than $38,850 Note: a Section 3 worker can be either a very low or low-income individual. HIRING IPRIIIGRIIITiiIIIES Employment and training opportunities created by NSD community development programs shallbe given to Section 3 Workers in the following order of priority: • IP1: Section 3 Workers residing within the service area or the neighborhood of the project; and • P2:: Participants in YouthBuild programs. 2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Part I: ORKFORCE CO POSITIO Total Number of All Workers Total Number of Section 3 Total Number of Targeted who worked on the Project Workers who worked on the Section 3 Workers who Project worked on the Project Part II: LA O" HOU BE CH A KS (25% and 5% goal) Report labor hours worked on this project broken down by ALL Workers, Section 3 Workers and TargetedSection 3 Workers. Labor Hours on the Project for ALL Workers Labor Hours on the Project for Section 3 Workers Labor Hours on the Project for Targeted Section 3 Workers (includes existing and new hires who worked on the project) (includes existing and new hires who worked on the project) (includes existing and new hireswho worked on the project) Attach documents supporting the data provided in this section and check the boxes below:LCP ❑ Tracker report certifying labor hours worked ❑ Other salary -based or time -and -attendance payroll records certifying labor hours Part III: E HIRE BE CH ARKS (30% new hire goal) Did you hire Section 3 Workers and/or Targeted Section 3 Workers in relation to this contract? ❑ YES ❑ NO If Yes, please complete below tables, if No, move to Part Ill. Total Number ofAll New Hires Total Number of Section 3 Total Number of Targeted Section 3 Worker New Hires Worker New Hires Did you follow the order of hiring priority when hiring new workers? ❑ YES ❑ NO 3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS List all New Hires in relation to this contract. If reporting more new hires than able to list here, create an excel spreadsheet with the same columns and use that instead: New Hire Name Position Title Pay Rate Total Hours Worked Hire Date End Date Gender S3 Worker or Targeted S3 Worker? Hiring Priority (P1, P2, P3 or P4) Attach documents supporting the data provided in the table above and check the boxes below as applicable: ❑ Section 3 Worker Certification Forms for all New Hires (categorized by Section 3 Worker andTargeted Section 3 Worker) ❑ Supporting documents of efforts made to hire in the order of hiring priority, i.e. list ofcandidates who applied, NSD referral list, etc. ❑ Other documents, specify: Part IV: SUBCO TRACTORS Did you have any subcontractors who performed work on this contract? ❑ YES ❑ NO (If yes, complete the table below and attach this same report form for each of the subcontractors to identify their hiring and labor hours) Subcontractor Name Trade Subcontract Amount Start Date End Date Business Certification (MBE, WBE, SBE, Section 3) 4 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Part V: QUALITATIVE EFFORTS (24 CFR Part 75.15) Check the boxes that apply to demonstrate your good faith efforts to satisfy your section 3 obligations. ❑ Engaged in outreach efforts to generate job applicants who are Targeted Section 3Workers, including notifying NSD's Section 3 team, posting job openings at the job site, HUD Opportunity Portal, social media pages, contacting Resident Advisory Councils, and other platforms; ❑ Contacted agencies administering Los Angeles County YouthBuild Programs, and requesting their assistance in recruiting Nueces County YouthBuild Program participants for training opportunities and employment positions; ❑ Consulted with state and local agencies administering training programs, such as those funded through Workforce Investment Act, unemployment compensation programs, community organizations and other officials or organizations to assist with training and recruiting Section 3 Workers and TargetedSection 3 Workers; ❑ Held job fairs; ❑ Provided or connecting Section 3 Workers and Targeted Section 3 Workers with assistance in seeking employment, including: drafting resumes, preparing for interviews, and finding job opportunitiesconnecting residents to job placement services; ❑ Provided or referring Section 3 Workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care); ❑ Assisted Section 3 Workers to obtain financial literacy training and/or coaching; ❑ Engaged in outreach efforts to identify and secure bids from Section 3 Business Concerns. ❑ Provided technical assistance to help Section 3 Business Concerns understand and bid on contracts; ❑ Divided contracts into smaller jobs to facilitate participation by Section 3 Business Concerns; ❑ Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 Business Concerns; ❑ Promoted use of Section 3 Business Registries designed to create opportunities for Section 3, disadvantaged and small businesses. Part VI: OTES A D CO E TS (If needed, attach additional sheets) By signing below, I hereby certify and declare under penalty of perjury under the laws of the United States and the State of Texas that the information provided on this form, as well as all documentation provided in support thereof, are true and correct, and that I am authorized on behalf of the Company to make this certification. Furthermore, I certify that I will maintainthis documentation for the time period required for record retentions in accordance with applicable program regulations or, in the absence of applicable program regulations, in accordance with 2 CFR part 200. I will make these records available to NSD and/or HUD upon request. Signature Name and Title Date 5 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS ADDITIONAL GUIDANCE IF iIR COIhVTRACTORS'RECORDKEEPING: 24 CFR Part 75.31 Contractors, subcontractors and other recipients or sub -recipients must maintain documentation to ensure that workers meetthe definition of a Section 3 Worker or Targeted Section 3 Worker as follows: For a worker to qualify as a Section 3 worker, one of the following must be maintained: 1. A worker's self -certification that their income is below the income limit from the prior 2. calendar year; 3. A worker's self -certification of participation in a means -tested program such as public housing or Section 8-assistedhousing; 4. Certification from a PHA, or the owner or property manager of project -based Section 8-assisted housing, or theadministrator of tenant -based Section 8-assisted housing that the worker is a participant in one of their programs; 5. An employer's certification that the worker's income from that employer is below the income limit when based on anemployer's calculation of what the worker's wage rate would translate to if annualized on a full-time basis; or 6. An employer's certification that the worker is employed by a Section 3 business concern. For a worker to qualify as a Targeted Section 3 worker under Housing and Community Development Programs, one of the following must be maintained: 1. An employer's confirmation that a worker's residence is within one mile of the work site or, if fewer than 5,000 peoplelive within one mile of a work site, within a circle centered on the work site that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census; 2. An employer's certification that the worker is employed by a Section 3 business concern; or 3. A worker's self -certification that the worker is a YouthBuild participant. OTHER • A contractor/vendor may report on Section 3 workers and Targeted Section 3 workers for five years from when theircertification as a Section 3 worker or Targeted Section 3 worker is established. • Income limits are individual and not household. • NSD's Section 3 Worker Certification Form can be used to establish eligibility as a Section 3 Worker and Targeted Section 3 Worker. • NSD maintains a Section 3 Resident Registry database and can assist contractors/vendors in outreach and recruitmentefforts. • We can identify and refer qualified Section 3 Workers and Targeted Section 3 Workers for your new hireneeds. Submit a Job Order notifying us of your hiring needs. • To calculate the labor hour benchmarks, see the graphics below: Section 3 Worker 25% Labor Hour Benchmark Goal To Calculate: Section 3 Worker Labor Hours = 25% Total Labor Hours Targeted Section 3 Worker 5% Labor Hour Benchmark Goal To Calculate: Targeted Section 3 Worker Labor Hours Total Labor Hours • See HUD's Section 3 Regulation confided at 24 CFR Part 75, Labor Hour Benchmarks and FAQ at • Questions about completing this form can be directed to HACLA's Section 3 Compliance Administrator at AllvinW(c cctexas.corn. Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Report HUD FORM 2516 Contract and Subcontract Activity Report Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 OMB Approval No.: 2535-0117 (exp. I t of Housing and Urban D Contract and Subcontract Ac 8 0.0 ••8 E E >, 00 8 I 2' z. o Cu Er) ° 7:9 ° o E OW 8-2 a , o S 0 6) Cu, 0.'Cu 0 0 a.11Cu generally disclosed this data o Cu Cu - 5 E Ho ") •E .551 5 v; g 00 E ?..2 7 0 R g C23.5 ;- X 0 C)Cu E 5 0 a-8 ca CONFORMED SPECIFICATIONS 2. Location (City, State, ZIP Code) 1201 Leopard St., Corpus Christi, TX 78401 6. Date Submitted to Field Office October I Contractor/Subcontractor Name and Address 7j, p. . - N .5 rn . F.. in' z 5. Program Code (Not applicable for CPD programs.) 0 See explanation of codes at bottom of page. Use a separate sheet for each program code. Sr.) CO ....: r". 3a. Name of Contact Person 3b. Phone Number (including Area Code) 361.880-3017 4. Reporting Period Rudy Bentaneourt , CD Administrator Oct.!— to Sept. 30, (Annual-FY) ..* 0 ti 999 . Z c It g . 0 bis r- 1. Grantee/Project Owner/Developer/Sponsor/Builder/Agency Check if: City of Corpus Christi PHA o o '6' ; ig • 8 E c...) ••'•: Z DI ti E ti 2 ?..' o 8 Cu 4. 0 44 5 ' Ci "e› 5 ,E 1 ° Grant/Project Number or HUD Case Number or other identification of property, subdivision, dwelling unit, etc. Project Name 7a. 5--- Section 202 0. 2. 0' 5 Cu -0 Cu a. -0 5 S CO O 0 (,) Cu Cu .5 0 5 `e' -0 P. nn CuCC U Cu Cu Cu 0. UII'0 III --. C". 7.g Z.1 5 D-Held (Managem 5 II II .0 01 0 Y) Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD-2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons means low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 2. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi -year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic /gender character of the owner(s) and controller(s) of 51% of the business. When 51% or more is not owned and controlled by any single racial/ethnic/ gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A Section 3 contractor/subcontractor is a business concern that provides economic opportunities to low -and very low-income residents of the metropolitan area (or nonmetropolitan county), including a business concern that is 51 percent or more owned by low- or very low-income residents; employs a substantial number of low- or very low-income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youthbuild programs established under Subtitle D of Title IV of the Cranston -Gonzalez National Affordable Housing Act. The terms "low-income persons" and "very low-income persons" have the same meanings given the terms in section 3(b)(2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Affidavit and Waiver of Lien by Contractor Form Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF NUECES Personally appeared before me, the undersigned authority in and for said State and County, (Name/Title) of (Name of Company) Which firm is hereinafter called "Contractor", who being duly sworn states on oath he has personal knowledge of the following: 1. Contractor has paid in full all debts, obligations, and liabilities (including, without limitation, all debts, obligations, and liabilities for labor, materials, equipment or services, and for all local, State or Federal taxes) which have been incurred by Contractor, or which are claimed by others to have been incurred by Contractor, or which have arisen in conjunction with work done, or labor, materials, equipment or services furnished by Contractor under a contract with: Agency Name Project Name (funded by the City of Corpus Christi.) 2. This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Contractor by the City of Corpus Christi under the terms of said contract. In consideration therefore, Contractor waives and releases any and all claims and any and all liens or rights to liens which Contractor has or may have against the City of Corpus Christi for amounts due and owing to Contractor by virtue of Contractor furnishing the labor, materials, equipment or services referred to above. THE ABOVE STATEMENTS ARE MADE BY (NAME) (NAME OF COMPANY) Individually and on behalf of the Contractor. (Print Name and Title) Signature (Company Name) Sworn to and subscribed before me on (Date). Notary Public State of Texas Commission Expires: Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS AFFIDAVIT AND WAIVER OF LIEN BY EACH SUBCONTRACTOR STATE OF TEXAS COUNTY OF NUECES Personally appeared before me, the undersigned authority in and for said State and County, (Name/Title) of (Name of Company) Which firm is hereinafter called "Subcontractor", who being duly sworn states on oath he has personal knowledge of the following: 2. Subcontractor has paid in full all debts, obligations, and liabilities (including, without limitation, all debts, obligations, and liabilities for labor, materials, equipment or services, and for all local, State or Federal taxes) which have been incurred by Subcontractor, or which are claimed by others to have been incurred by Subcontractor, or which have arisen in conjunction with work done, or labor, materials, equipment or services furnished under a contract with a Contractor or Agency for Project Name (funded by the City of Corpus Christi.) 3. This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Subcontractor by the City of Corpus Christi under the terms of said contract. In consideration therefore, Subcontractor waives and releases any and all claims and any and all liens or rights to liens which Subcontractor has or may have against the City of Corpus Christi for amounts due and owing to Subcontractor by virtue of Subcontractor furnishing the labor, materials, equipment or services referred to above. The above statements are made by (Name) (Name of Company) Individually and on behalf of the Subcontractor. (Print Name and Title) Signature (Company Name) Sworn to and subscribed before me on (Date). Notary Public State of Texas Commission Expires: Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS End of ATTACHMENT A Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 01 1100 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. Provide and install a new natural gas generator and automatic transfer switch to supply the Del Mar Central Kitchen side on the existing building in case of power loss. 2. Provide and install a new wood screening fence system as indicated in drawings. 1.03 WORK UNDER OTHER CONTRACTS — NOT APPLICABLE A. The following items of work are not included in this Contract, but may impact construction scheduling and completion: 1. List for each project. B. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents, the Contractor is to base his Proposal on the most expensive listing. C. Completion of the Work described in this Contract may impact the construction and testing of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. 1.04 WORK BY OWNER — NOT APPLICABLE 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. List for each project. 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. Summary of Work Central Kitchen Generator (CDBG) Project# 852305F 011100-1 Rev 10/2018 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 ensure 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 Central Kitchen Generator (CDBG) Project# 852305F 011100-2 Rev 10/2018 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 0123 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. Alternates: NOT APPLICABLE 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate, and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option of the Owner. 5. Owner may incorporate these alternates in the Contract when executed, or may issue a Change Order to incorporate these alternates within 120 days at the prices offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days or other designated time period to negotiate a new price for incorporating the Work into the Project. B. Allowances: 1. Include specified allowance amount in the Contract Price. 2. The amount of each allowance includes: a. The cost of the product to the Contractor less any applicable trade discounts. b. Delivery to the Site. c. Applicable taxes. 3. Include in the Contract Price all costs for: a. Handling at the Site, including unloading, uncrating, and storage per Article 19 of SECTION 01 72 00 GENERAL CONDITIONS. b. Cost for labor and equipment for installation and finishing. c. Cost for related products not specifically listed in the allowance required for installation, including consumable supplies and materials. d. All overhead, profit, and related costs. 4. Assist Owner in the selection of products. a. Identify qualified Suppliers. b. Obtain bids from qualified Suppliers. c. Present available alternates to the Owner through the OAR. Notify OAR of: 1) Any objections to a particular Supplier or product. Alternates and Allowances Central Kitchen Generator (CDBG) Project Number: 852305F 012310-1 Rev 5/2020 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 2) Effect on the Construction Schedule anticipated by the selection of each option. 3) Cost of each option. 5. Upon selection of the product: a. Purchase and install the product. b. Contractor's responsibilities for products shall be the same as for products selected by the Contractor. 6. Submit a Change Proposal per Article 12 of SECTION 00 72 00 GENERAL CONDITIONS to adjust Contract Price if the net cost of the product is more or less than the specified amount. a. Adjust the unit cost applied to the quantities installed per the method of payment described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS for products specified as Unit Price Work. b. Do not perform Work until selection of alternate has been approved by the Owner. c. Provide actual invoices for the materials. C. The Bid Items described as "Allowances" have been set as noted in the Bid Form and shall be included in the Total Base Bid of the Bid Form for each Bidder. The Allowance may be used at the Owner's discretion in the event that unforeseen conditions or conflicts are encountered during construction that warrants the use of the Allowance funds. If the use of Allowance funds becomes necessary, the OAR will provide written authorization at a cost negotiated between Owner and Contractor, using unit prices in the Bid Form when applicable. No work is to be performed under the Allowance items without written authorization from the OAR. There is no guarantee that any of these funds will need to be used during the course of the Work. 1.02 DOCUMENT SUBMITTALS A. Provide documents for materials furnished as part of the alternate in accordance with Article 24 of SECTION 00 72 00 GENERAL CONDITIONS. 1.03 DESCRIPTION OF ALTERNATES — NOT APPLICABLE 1. 1.04 DESCRIPTION OF ALLOWANCES A. Allowance A — Bonds and Insurance 1. Payment shall include all bonds and insurance required under the Contract Documents. 2. Payment for bonds and insurance will be based on receipt of documentation of actual costs. The contractor shall furnish satisfactory evidence of the rate or rates paid for all bonds and insurance. Contractor will be reimbursed for the actual cost of unique insurance as required and obtained specifically for this Project, not including the routine and general company insurance policies that are maintained for the course of Alternates and Allowances Central Kitchen Generator (CDBG) Project Number: 852305F 012310-2 Rev 5/2020 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS conducting normal business operations. The 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. B. Allowance B - Contingencies for Unforeseen Conditions: 1. The sum of $20,000.00 to be used for the purchase of the materials and labor to perform the required repair or replacement of existing damaged conditions found during the select demolition or installation of the CDBG Ben Garza Park Gymnasium Locker Rooms Remodel. 2. Payment for Unforeseen Conditions will be approved prior to the work being started and based on receipt of documentation of actual costs. The contractor shall furnish satisfactory evidence of the rate or rates paid for all agreed upon work. The contractor will be reimbursed for the actual cost as required and obtained specifically for this Project. C. Allowance C - Landscape: 1. The sum of $1,000.00 to be used for the purchase of the materials and labor to perform the required landscape repair during the course of the installation of the natural gas emergency generators. 2. Payment for the Landscape will be approved prior to the work being started and based on receipt of documentation of actual costs. The contractor shall furnish satisfactory evidence of the rate or rates paid for all agreed upon work. The contractor will be reimbursed for the actual cost as required and obtained specifically for this Project. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Alternates and Allowances Central Kitchen Generator (CDBG) Project Number: 852305F 012310-3 Rev 5/2020 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 0129 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 costs 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 Al — Mobilization (Maximum 5%): 1. Include the following costs in this Bid item: a. Transportation and setup for equipment; b. Transportation and/or erection of all field offices, sheds, and storage facilities; c. Salaries for preparation of documents required before the first Application for Payment; d. Salaries for field personnel assigned to the Project related to the mobilization of the Project; e. Demobilization; and f. Mobilization may not exceed 5 percent of the total Contract Price. Measurement and Basis for Payment Central Kitchen Generator (CDBG) Project #: 852305F 012901-1 Rev 5/2020 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 2. Measurement for payment will be made per lump sum on the following basis: When at least 5% of the adjusted contract amount for construction is earned, 75% of the mobilization lump sum bid amount will be eligible for payment, minus retainage. Upon substantial completion of all work under this Contract and removal of all equipment and materials from the Project site, the remaining 25% of the mobilization lump sum bid amount will be eligible for payment, minus retainage. B. Bid Item B — Existing Conditions 1. Include the following costs in the Bid Item: a. Protect items to be relocated or remain; 2. Upon acceptance of the Bid Items above, the basis of payment will be determined by the percentage of completion of the scope of the bid item. 3. The unit measure for the basis of payment for this bid item will be on a percentage basis of completion verified by the Architect and OAR. C. Bid Item C — Site Improvement: 1. Include the following costs in the Bid Item: a. Prepare for generator slab; b. Concrete for generator slab and piers; c. Installation of 6x6 corner fence posts and 4x6 fence posts per drawings @ 5'0" O.C.; and d. Vertical 2x8 cedar fence boards. 2. Upon acceptance of the Bit Items above, the basis of payment will be determined by the percentage of completion of the scope of the bid item. 3. The unit measure for the basis of payment of this bid item will be on a percentage basis of completion verified by the Architect and OAR. Measurement and Basis for Payment Central Kitchen Generator (CDBG) Project #: 852305F 012901-2 Rev 5/2020 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS D. Bid Item D — Plumbing: 1. Include the following costs in the Bid Item: a. Natural Gas Piping - 2"; b. Pipe Supports; c. Natural Gas Regulator - Service Pressure to 5psi; d. Natural Gas Regulator - Service Pressure to 2psi; e. Automatic Transfer Switch; f. Factory Strut -up and Warranty Testing; and g. Commissioning Natural Gas Piping System. 2. Upon acceptance of the Bit Items above, the basis of payment will percentage of completion of the scope of the bid item. 3. The unit measure for the basis of payment for this bid item will be of completion verified by the Architect and OAR. E. Bid Item E- Electrical: 1. Include the following costs in the Bid Item: a. Emergency Generator; b. 600KCMIL Wire (2 sets of parallel feed); c. #2 Grounding at parallel runs; d. 2" Conduit at parallel runs; e. #1 Feed to Panel L1; f. #8 Ground for Panel 1; 1-1/4" Conduit for Panel 1; #3/0 (2 sets for parallel feed) for Panel LK; #3 Grounding for Panel LK; 1-1/2" Conduit for Panel LK; k. 3/4" Data Conduit; 600 Amp Automatic Transfer Switch; m. 600 Amp Emergency Panel; n. Relocate Feed for Panel L1 and LK to Emergency Panel; o. Relocate Fire Alarm Circuit to Emergency Panel; P. Fire Alarm System Commissioning; q. Generator Commissioning; r. Terminations; and s. Grounding. g. h. J. Measurement and Basis for Payment Central Kitchen Generator (CDBG) Project #: 852305F be determined by the on a percentage basis 012901-3 Rev 5/2020 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 2. Upon acceptance of the Bid Items above, the basis of payment will be determined by the percentage of completion of the scope of the bid item. 3. The unit measure for the basis of payment of this bid item will be on a percentage basis of completion verified by the Architect and OAR. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment Central Kitchen Generator (CDBG) Project #: 852305F 012901-4 Rev 5/2020 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 01 33 01 Submittal Register CONFORMED SPECIFICATIONS ro pp re 26 00 10 I Z IB - Special Proviions for Electrical Work /AD 1.4 S "®a m io ro/ Record Data . n mifil None 77 ®a pIlai/ O&M Manual 26 01 10 Raceways 1.3 Record Data None O&M Manual 26 01 11 Conduit & Fittings 1.3 Record Data None O&M Manual 26 01 31 Juction and Pull Boxes 1.3 Record Data None O&M Manual 26 01 90 Supporting Devices 1.3 Record Data None O&M Manual 26 09 96 Electrical Systems Stratup 1.3 Record Data None O&M Manual 26 36 00 Transfer Switch 1.3 Record Data None O&M Manual Submittal Register Central Kitchen Generatro (CDBG) Project # 852305F 01 33 01-1 10/2018 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 0135 00 SPECIAL PROCEDURES 1.00 GENERAL 1.01 CONSTRUCTION SEQUENCE A. Perform the Work as required to complete the entire Project within the Contract Times and in the sequence stipulated below: B. Work shall be completed within the specified time for these items: 1.02 PLAN OF ACTION A. Submit a written plan of action for approval for shutting down essential services. These include: 1. Electrical power, 2. Control power, 3. Pipelines or wastewater systems, 4. Communications equipment, and 5. Other designated functions. B. Describe the following in the plan of action: 1. Scheduled dates for construction; 2. Work to be performed; 3. Utilities, piping, or services affected; 4. Length of time the service or utility will be disturbed; 5. Procedures to be used to carry out the Work; 6. Plan of Action to handle emergencies; 7. List of manpower, equipment, and ancillary supplies; 8. Backups for key pieces of equipment and key personnel; 9. Contingency plan that will be used if the original schedule cannot be met; and C. Submit plan 2 weeks prior to beginning the Work. Special Procedures Central Kitchen Generator (CDBG) Project# 852305F 013500-1 Rev 10/2018 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 1.03 CRITICAL OPERATIONS A. The Owner has identified critical operations that must not be out of service longer than the designated maximum time out of service and/or must be performed only during the designated times. These have been identified in the table below: Critical Operation Max. Time Out of Operation Hours Operation can be Shut Down Liquidated Damages ($ per hour) Nutrition Education Service Center NONE Before 5:30 am or after 4:15 pm Monday thru Friday $400.00 B. Notify Del Mar College — Facility Department in advance of project starting due to classes being held in the adjoining portion of the building. C. Submit a written plan of action per Paragraph 1.02 for approval for critical operations. D. Work affecting critical operations is to be performed on a 24-hour a day basis until Owner's normal operations have been restored. E. Provide additional manpower and equipment as required to complete the Work affecting critical operations within the allotted time. F. Liquidated damages will be assessed if Work on critical operations is not completed within the time indicated. 1. These items are critical for operation of the existing distribution system. 2. Loss of operation of the existing distribution system can subject the Owner to loss of services and/or revenue, additional operations cost, and fines from regulatory agencies. 3. Liquidated damages have been established for each critical operation. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Special Procedures Central Kitchen Generator (CDBG) Project# 852305F 013500-2 Rev 10/2018 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 0150 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 Central Kitchen Generator (CDBG) Project# 852305F 015000-1 Rev 8/2019 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 — NOT REQUIRED A. The Contractor must furnish the OPT with a field office at the Site. The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30 inches by 60 inches and two chairs. The Contractor shall move the field office on the Site as required by the OAR. There is no separate pay item for the field office. B. Furnish a field office of adequate size for Contractor's use. Provide conference room space for a minimum of 10 people. C. Other trades may provide their own offices only when space is available at the Site, and the OPT agrees to its size, condition, and location. D. No monthly partial payments will be processed until OPT's field office facilities are completed and approved. 2.02 TEMPORARY STORAGE BUILDINGS — NOT REQUIRED 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 Central Kitchen Generator (CDBG) Project# 852305F 015000-2 Rev 8/2019 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 2.05 TEMPORARY UTILITIES A. Provide the temporary utilities for administration, construction, testing, disinfection, and start-up of the Work, including electrical power, water, and telephone. Pay all costs associated with furnishing temporary utilities. 1. Provide a source of temporary electrical power of adequate size for construction procedures. a. Use existing power systems where spare capacity is available. Provide temporary power connections that do not adversely affect the existing power supply. Submit connections to the OAR for approval prior to installation. b. Provide electrical pole and service connections that comply with Laws and Regulations and the requirements of the power company. 2. Provide telephone service to the Site and install telephones inside the Contractor's and the OPT's field office. 2.06 WATER FOR CONSTRUCTION A. Provide temporary water. Potable water may be purchased from the Owner by obtaining a water meter from the Owner and transporting water from a water hydrant. Non -potable water may be used for hydraulic testing of non -potable basins or pipelines. Include the cost of water in the Contract Price. B. Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre -construction meeting. The Contractor will keep a copy of the Plan on the Site throughout construction. 3.00 EXECUTION 3.01 LOCATION OF TEMPORARY FACILITIES A. Locate temporary facilities in areas approved by the OAR. Construct and install signs at locations approved by the OAR. Install informational signs so they are clearly visible. 3.02 PROJECT IDENTIFICATION AND SIGNS A. The Owner will furnish two Project signs to be installed by the Contractor. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the OAR. B. Refer to Section 00 74 01— CDBG FEDERAL REQUIREMENTS FOR CONSTRUCTION Section V. 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. Temporary Facilities and Controls Central Kitchen Generator (CDBG) Project# 852305F 015000-3 Rev 8/2019 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS C. Provide portable flood lights at any time that Work will be performed outside the structure at night. Provide adequate lighting at any location Work is being performed. 3.04 DRINKING WATER A. Provide all field offices with potable water. Provide a dispenser and cooling apparatus if bottled drinking water is provided. B. Pay for water services and maintain daily. 3.05 CONSTRUCTION FENCE A. Install and maintain a construction fence around the Site and off -site storage yards. Fence must be a minimum 6 feet high chain link construction unless shown otherwise. Provide gates with padlocks. 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 Central Kitchen Generator (CDBG) Project# 852305F 015000-4 Rev 8/2019 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 0157 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 Central Kitchen Generator (CDBG) Project Number: 852305F 015700-1 Rev 8/2019 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Central Kitchen Generator (CDBG) Project Number: 852305F 015700-2 Rev 8/2019 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Central Kitchen Generator (CDBG) Project Number: 852305F 015700-3 Rev 8/2019 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 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 Central Kitchen Generator (CDBG) Project Number: 852305F 015700-4 Rev 8/2019 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS C. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and/or settling prior to entering a storm water conduit or inlet. D. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharges groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream, the Corpus Christi Bay. E. Testing of groundwater quality is to be performed by the Contractor, at the Contractor's expense, prior to commencing discharge and shall be retested by the Contractor, at the Contractor's expense, a minimum of once a week. Contractor shall coordinate with the Owner on all testing. Tests will also be performed as each new area of construction is started. F. Another option for disposal of groundwater by Contractor would include pumping to the nearest wastewater system. If discharging to temporary holding tanks and trucking to a wastewater or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Designer on a case by case basis. G. Prior to pumping groundwater from a trench to the wastewater system the Contractor shall contact Wastewater Pre-treatment Coordinator at 826-1817 to obtain a "no cost" permit from the Owner's Waste Water Department. Contractor will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit overnight, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. 1.12 DISPOSAL OF CONTAMINATED GROUNDWATER A. An allowance will be included in the Bid for the unanticipated disposal of contaminated groundwater. This allowance may not be needed but is provided in case contaminated groundwater is encountered during the course of the Project and does not meet the water quality requirements for discharge into the storm water or wastewater systems. This allowance includes all materials, tools, equipment, labor, transportation, hauling, coordination, and proper disposal of the contaminated water at an approved landfill, deep water injection well, or other site as agreed to by the Designer. Suggested disposal facilities would be US Ecology (USET) in Robstown, Texas or Texas Molecular in Corpus Christi, Texas. B. The payment for this Work will be based on the Contractor's actual costs and will be negotiated. Payment will not include costs associated with routine dewatering, which is considered subsidiary to the appropriate bid items as described in Paragraph 1.11. 1.13 DISPOSAL OF HIGHLY CHLORINATED WATER A. Dispose of water used for testing, disinfection, and line flushing. Comply with Owner's requirements and Laws and Regulation regarding the disposal of contaminated water, including water with levels of chlorine, which exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. Comply with the requirements of all regulatory agencies in the disposal of all water used in the Project. Include a description and details for Temporary Controls Central Kitchen Generator (CDBG) Project Number: 852305F 015700-5 Rev 8/2019 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS disposal of this water in a Plan of Action per SECTION 01 35 00 SPECIAL PROCEDURES. Do not use the Owner's wastewater system for disposal of contaminated water. 1.14 WINDSTORM CERTIFICATION A. All affected materials and installation shall comply with Texas Department of Insurance Requirements for windstorm resistant construction for design wind speed as required by the current version of the International Building Code (IBC). When applicable, Owner shall be responsible for contracting with a licensed structural engineer in the State of Texas to perform all inspections and provide documentation for windstorm certification to the Texas Board of Insurance. The Contractor shall coordinate windstorm inspection and 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 Central Kitchen Generator (CDBG) Project Number: 852305F 015700-6 Rev 8/2019 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 22 05 00 BASIC PLUMBING REQUIREMENTS PART 1 GENERAL 1.1 RELATED DOCUMENTS A. The general provisions of the Contract, including General Conditions, General Requirements, and Division 1 of the Specifications, apply to all Sections of Division 22. B. Other Contract Documents complement the requirements and apply to the work of Division 22. 1.2 SCOPE OF WORK A. The work of this Section shall include the furnishing of systems, equipment and materials specified in this Division, and as called for in the Plumbing Drawings. 1. All facilities, supervision, coordination, transportation, handling, labor and methods for the fabrication, installation, interconnections, painting and other finishes, start-up, tests, adjustments, clean-up and other necessary work for the complete and satisfactory systems and equipment, ready for operation and use, shall be included. 2. Whenever the words "Contractor" appear in this Division, they refer to the Contractor responsible for work specified in that Section. 3. The Contractor shall examine all Contract Documents including all drawings, all sections of the Specifications, plumbing and fire -protection design requirements and system design details. a. The Contractor is responsible for ascertaining the extent all those documents, drawings, sections of specifications, design requirements, and system design details affect work herein specified. 4. Report all errors, omissions, conflicts or code violations to Architect and Owner prior to commencement of work. B. Drawings for the work are diagrammatic, intended to convey the scope of the work and indicate the general arrangement and locations of the work, follow as closely as actual construction and as other work permits. 1. Because of the scale of the drawings, not all basic items such as necessary duct and pipe offsets, pipefittings, access panels and sleeves may be on the plans. 2. Contract documents show design basis equipment. 3. Plumbing Contractor shall be responsible for installing the Owner approved equipment. Substitutions of equal quality, capacity, performance, efficiency, weight, physical size, and configuration to fit in the space provided for the design basis equipment may be allowed if pre -approved by Mechanical Engineer. 4. If the Contractor selects equipment other than the design basis, he is responsible for the necessary design modifications and for coordination with other trades to meet all intended requirements of the original design documents. Basic Plumbing Requirements Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220500-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 5. The location and the sizes of equipment, duct and pipefittings, access panels, sleeves, inserts, and other basic items required by code or other Sections shall be coordinated and included for the proper installation of the Work. C. The Contractor shall make any required changes from the Contract Documents to make this work conform to the building construction or the work of other trades at no additional cost to the Owner and shall not impact the project's time schedule. 1. The Contractor shall indicate all changes from the Contract Documents on the shop drawings. 2. Submit the shop drawings to the Architect, Engineer, and Owner for approval before commencing the work. 3. Failure to follow the approval procedure may result in the forced removal of all work performed prior to approval. 4. Final "as build" documents shall include all changes. D. Equipment specification may not deal individually with the minor items required such as components, parts, controls, and devices that may be required to produce the equipment performance specified or as required to meet the equipment design performance and warranties. 1. The equipment supplier shall include such required items whether or not specifically called for in the Contract Documents and the Contractor shall properly install them. E. The contractor shall verify with the supplier of the equipment the requirements for the complete installation to insure proper operation of the equipment furnished under Division 22 of the Specifications. F. Contract Documents may call for Plumbing Contractor to install specific equipment furnished by others, including Owner purchased equipment. G. Consider the specifications and drawings as complimentary one to the other. 1. Where equipment items, material and labor are specified, indicated, called for or implied by either the drawings or the specifications, they shall be deemed as specified by both and included as part of the contract. 2. Should conflicts occur between the drawings and the Division 22 Specifications, the more stringent requirements shall apply and take precedent. 1.3 QUALITY ASSURANCE A. Codes and Standards: All work shall be in compliance with, of all applicable Laws, Codes, Standards and Regulations of Governmental Bodies having jurisdiction over work performed for or on behalf of the Owner, and over the applicable job site. 1. See latest adopted version of the International Plumbing Code. a. If there should be conflicting requirements between above referenced codes than the following rules shall apply: 1. The Mechanical Engineer or the Authority Having Jurisdiction (AHJ) shall provide final code interpretations and resolutions of conflicts 2. The code that affords the greatest degree of life safety shall take precedent. Basic Plumbing Requirements Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220500-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS B. Contractor shall request the A/E for clarification of any part of the contract documents, which may be in conflict with the above codes and regulations. 1. Contractor shall prepare proposed changes for review and approval by A/E and Owner. 1.4 ACTIVE SERVICES A. Protect any existing active services: water, gas, sewer, and electric, against damage. B. Do not prevent or disturb the operation of active services that are to remain. C. When encountering services requiring temporary interruption or relocation, request procedural information from authority having jurisdiction and coordinate work with the utility service users. D. Where abandoning an existing service, terminate in conformance with the Utility or Municipality having jurisdiction, and shown termination points on "as -built" construction plans. 1.5 SITE INSPECTION A. Contractor shall carefully inspect the site to be familiar with conditions that affect the work. 1. Contractor shall verify points of connection of utilities, routing of outside piping to include required clearances from any existing structures, trees, or other obstacles. 2. Contractor shall verify available space in the existing structure and accessibility required for the installation of work under this contract and inform the A/E to conditions, which may be detrimental or will prevent proper execution of the work. B. The submittal of a bid is an acknowledgement that the Contractor performed the site inspection and has no conflicts with performing the work. 1. If a conflict arises do to an observable condition the Contractor should have seen in the pre - bid site visit, the Owner is under no obligation to authorize any additional payments. C. Submittal of bid shall indicate that the Contractor has included all required allowances in the bid. 1. The Owner shall not make allowances for any code violations or errors resulting from Contractor's failure to visit the job site and review all contract documents, applicable codes, and standards. 1.6 COMMISSIONING A. Commissioning of a system or systems specified in this section is part of the construction process. B. Documentation and testing of these systems, as well as training of the Owner's operation and maintenance personnel, is required in cooperation with the Owner's Representative and the Commissioning Authority. C. Project Closeout is dependent on successful completion of all documentation, and issue closure for substantial and final completion. D. Refer to Section 22 05 05, Plumbing Commissioning, for detailed commissioning requirements. Basic Plumbing Requirements Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220500-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS PART 2 MATERIALS 2.1 GENERAL A. Each system component installed by Contractor shall meet or exceed the performance specification requirements listed in the Contract Documents including drawings, specifications, Plumbing and Fire Protection Design Requirements and Design Details. 1. Components with a lesser degree of performance or quality as determined by the Owner, Building Department, design A/E or documented as inferior shall be replaced with no additional charge to Owner. B. Materials and equipment shall be new, unused, standard current products from manufacturers regularly engaged in the production of such equipment and shall bear label of the Underwriters' Laboratory for the intent use or shall be materials approved by the code -enforcing agency. C. Where two or more units of the same class of equipment or material are required, these shall be the product of a single manufacturer throughout entire project and shall fit in the allocated spaces provided, complying with all clearances and codes. D. All hardware and accessory fittings shall be of a type designed, intended or appropriate for use, be compatible, and compliment the item with which they are used. 1. They shall have corrosion protection suitable for atmosphere they are installed. 2. All such hardware shall be U.S. standard size. E. All materials including insulation, jackets, and adhesives shall have a Flame Spread Rating not exceeding 25, and Smoke Developed Rating not exceeding 50, when tested in accordance with NFPA 255, "Methods of Test of Surface Burning Characteristics of Building Materials". 1. Submittal data shall specifically indicate those ratings. F. All equipment and piping supports shall be hot dipped galvanized except for special corrosion protection as otherwise noted in Contract Documents. 1. Hangers for copper pipe shall be vinyl coated. 2. Do not use copper clad hangers. G. Plumbing and fire protection system components shall conform to federal, state, and local sound emission and vibration isolation guidelines. 1. Objectionable noise or excessive vibration created in any part of the building by operation of any equipment under this contract is not permitted. H. Follow installations directions and recommendations of material and equipment manufacturers. PART 3 EXECUTION 3.1 GENERAL A. Licensed Contractors shall perform construction work as required by AHJ. 1. The Contractor shall not work outside the scope of his license. 2. Any person who is not licensed must work under direct supervision of a person who has a license required by the state law and by the county or municipal licensing ordinances. Basic Plumbing Requirements Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220500-4 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3. The Owner may request the change of the job supervisor. 4. Workers skilled and competent in the type of work involved shall accomplish the installation. 5. Workmanship throughout shall correspond to the standards of the best trade practices. B. Contractor shall install all systems and equipment in accordance with the Contract Documents, and equipment or material manufacturer recommendations and instructions. C. Work lines and established grades shall be in strict accordance with the Contract Documents. 1. The Contractor shall furnish to all trades, in ample time, any information they need to construct all equipment bases, trenches, pits, chases, and openings in floors, walls, and finishes to provide required working clearances. 2. The contractor shall set all sleeves, anchor bolts, or inserts to fasten equipment before pouring of adjacent concrete. D. Coordinate location of all Division 21 & 22 work with Division 23, 25, 26, 27 & 28. 1. Do not run piping, and similar Division 21 & 22 work in NEC dedicated service areas for electrical equipment, including above panel boards, starters, communication panels, control panels, telephone backboards, data panels, and similar electrical elements. 2. Do not install water piping directly above electrical equipment. 3. In electrical rooms with required piping, provide drain pan(s) to protect the electrical equipment. 4. Refer questionable locations to the A/E for resolution prior to installation and correct non- conforming installed work at no additional cost to the Owner. E. Cap or plug all piping systems (hot water, potable water, pneumatic piping, at the end of each workday until system is complete to prevent contamination. 3.2 COORDINATION OF WORK AND DRAWINGS A. Each contractor and subcontractor shall be responsible for coordinating the installation of his equipment/labor with the General Contractor and work of other Contractors and trades. 1. The contractor shall coordinate the work of different trades to prevent interference between piping, ductwork, equipment, and structural work. B. Recommend each contractor prepare their shop drawings at 1/4" to 1'-0" scale clearly indicating all applicable components and coordinate the same with other trades. 1. Recommend shop coordination drawings show in detail the space conditions of all concerned trades, and be reviewed and accepted by the A/E. 2. Contractor's failure to coordinate work between trades using coordination shop drawings or other means will not cause for any additional cost changes to the Owner, and/or changes to the project schedule. 3. If the contractor installs his work before coordinating with other trades or causes interference with work of other trades, the contractor shall make necessary changes in the work to correct the condition, at no additional cost to the Owner, and/or changes to the project schedule. Basic Plumbing Requirements Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220500-5 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3.3 SUBMITTALS A. Method or procedures for submitting shop drawings and submittal data shall comply with the General Conditions. B. Prior to ordering equipment and material, the Contractor shall submit 3 copies of the manufacturer's cut sheets to the Engineer for review and acceptance. 1. Submittal data shall consist of shop drawings and/or catalog cuts showing technical data necessary to evaluate the material or equipment. 2. Including dimensions, required service and maintenance clearances, wiring diagrams, performance curves, ratings, control sequence. 3. Layout plan showing the arrangement of the equipment with piping, and other data necessary to describe fully the item proposed and its operating characteristics. C. Other submittals shall include, but not be limited to: 1. Valves 2. Pipe insulation 3. Controls 4. Thermometers and gauges 3.4 SUBSTITUTIONS A. Contractor shall follow the contract drawings and specifications unless he submits written request for a substitution and receives written acceptance from the Engineer and OWNER. 1. Owner's representative shall review the request and either approve or deny the in writing. 3.5 ACCESS PANELS A. Contractor shall provide required access panels or doors for all serviceable equipment in concealed locations whether or not called for on the drawings. 3.6 CUTTING AND PATCHING A. Coordinate the placing of openings in the existing or new structures as required for installation of the Plumbing Work. B. Any additional patching and finish work required for unnecessary openings due to failure to inspect and coordinate work, is at no additional cost to the Owner. C. Any additional cutting and patching of the structure necessary due to failure to install piping, ducts, sleeves, or equipment on schedule, or due to failure to furnish, on schedule, the information required for leaving of openings, is at no additional cost to the Owner. D. Provide cutting and patching, surface finishing and painting in the existing structure, as required for the installation of work, and furnish lintels and supports as required for openings. 1. Do not cut structural members without written prior approval of the A/E. 2. Minimize cutting by using core drills, power saws, or other machines that will provide neat, minimum openings. Basic Plumbing Requirements Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220500-6 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3. Patching shall match adjacent materials and surfaces and be performed by artisans skilled in the respective craft. 3.7 SLEEVES A. Sleeves are required for all piping passing through masonry or concrete partitions (walls, floors ceilings, roofs) and through concrete beams, foundations, and footings. 1. Position sleeves in formwork prior to placement of concrete. 2. Provide concrete reinforcing around sleeves. B. Sleeves for piping passing through non -load bearing or non -fire or smoke rated walls and partitions may be required if included in the design documents by the Engineer. 1. When required, sleeves shall be galvanized sheet steel with lock seam joints of minimum gauges as follows: pipes 21/2" and smaller - 24 gage; 3" to 6" - 22 gage; over 6" - 20 gage. C. Sleeves for piping passing through load bearing walls, concrete beams, foundations, footings, and waterproof floors shall be Schedule 40 galvanized steel pipe or 18 gage galvanized sheet steel. D. Sleeves for insulated piping shall be of sufficient internal diameter to take pipe and insulation and allow free movement of pipe due to expansion and contraction. 1. Provide for continuous insulation wrapping. 2. Waterproof sleeves shall be of sufficient internal diameter for pipe and waterproofing material. E. In finished areas where pipes are exposed, terminate sleeves flush with wall, partitions, and ceilings, and shall extend %" above finished floor level. 1. Extend sleeves 1" above finished floors in areas likely to entrap water. 2. Caulk floor sleeves. F. Flash sleeves passing through waterproofing membrane as required by Division 7. G. Protect pipe penetrations through fire -rated partitions (walls, floors, or ceilings) in per with IBC and NFPA. 1. Protected penetration shall retain the original integrity of the fire rated partition. 2. Unprotected penetrations through fire -rated partitions not allowed. 3. All materials, products, and procedures used to complete the fire stopping assemblies shall be tested, listed, and approved by testing laboratories such as U.L. or Factory Mutual and comply with requirements of ASTM-E-119. 4. Securely fasten sleeves to the partition that are part of the required approved fire stopping. 5. Close off annular spaces between sleeves, pipes, and between penetrating item and adjacent work with UL listed and approved fire stopping materials and caulk airtight. 6. Insulation and coverings shall not penetrate the fire -rated partition unless it is part of the approved U.L or Factory Mutual fire -stopping assembly. 7. Provide close fitting metal collar or escutcheon covers at both sides of penetration. Basic Plumbing Requirements Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220500-7 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3.8 ESCUTCHEONS A. Provide chrome -plated escutcheons at each sleeve opening into finished spaces. B. Escutcheons shall fit around insulation or around pipe when not insulated; outside diameter shall cover sleeve. C. Where sleeve extends above finished floor, escutcheon shall be high cap type and shall clear sleeve extension. D. Secure escutcheons or plates to sleeve but not to insulation with setscrews or other approved devices. 3.9 PROTECTION A. Take special care for the protection of equipment and materials furnished. 1. Store and completely protect all materials from damage. 2. Keep materials and equipment clean and dry, free from deterioration by weather elements, painting, plaster, etc., until the project is completed. 3. Do not install damaged or defective materials. 4. Touch up any damage from rust, paint, etc., and scratched or marred finishes on equipment to match original finish or completely refinished to restore equipment to original condition. B. Provide protect of any previously finished area from mars or other damage when an installation or connection of equipment requires work in areas previously finished by other Contractors., 1. The Contractor shall provide drop cloths, or any other materials necessary to protect floors, walls, furniture, equipment, etc. from soil or damage. C. Contractor shall arrange with other Contractors for promptly repairing and refinishing any damage to the building or its contents incurred by the installation or testing of the systems installed at no charge to the Owner. D. Where insulated piping extends to exposed areas, or to weather exposed areas, provide finish or jacket as specified in section 22 07 19. E. Contractor may weld in the existing buildings under an approved fire watch and other required safety measures. 1. Contractor's work, and construction means, methods, materials, and equipment used shall not compromise the building fire safety, as well as safety and welfare of coworkers and building occupants. 3.10 PLUMBING IDENTIFICATION A. Identification of plumbing systems shall be as specified in Section 22 05 53 PLUMBING IDENTIFICATION. Basic Plumbing Requirements Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220500-8 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3.11 WIRING AND ELECTRICAL WORK FOR PLUMBING EQUIPMENT A. All electrical work, equipment, and wiring shall comply with NEC. B. The Plumbing Contractor, unless specified otherwise, shall furnish all Division 22 equipment. C. Division 26 shall provide power services for equipment furnished by Plumbing Contractor to include safety disconnect switches, wiring, and final connections. D. The Plumbing Contractor shall check all electrical service and control connections to ensure proper operation of equipment and systems installed under work in Division 22. 3.12 EXCAVATING TRENCHING AND BACKFILLING A. Provide excavation necessary for water supply, sanitary, and storm piping, etc., and backfill such trenches and excavations after the installation, testing, and approval of work. 1. Take care in excavating, that walls and footings and adjacent load bearing soils are not disturbed, except where lines must cross under a wall footing. 2. Where a line must pass under footing, make the crossing by the smallest possible trench to accommodate the pipe. 3. Keep excavation free from water by pumping if necessary. 4. Do not open any greater length of trench, in advance of pipe or utility installation, than that authorized. B. Trenches for piping and utilities located inside foundation walls and five-foot outside of the wall shall be at less than 16" but no more than 24" wider than the outside diameter of the pipe. 1. Site conditions shall govern the width of trenches for piping and utilities located more than five -feet outside of building foundation walls, except for sewers. C. Excavate trenches for sanitary and storm pipe may be laid at the proper alignment and depth and the maximum trench width at the outside top of the pipe is less than 24". 1. Other trench widths are governed by site conditions. D. Shape the trench bottom so that when pipe is in place the lower fourth of the circumference for the full length of the barrel is supported on compacted -fill. 1. Dig bell holes so that no part of the weight of the pipe is supported by the bell, and not larger than necessary for proper jointing. 2. Excavate all piping requiring excavation below the compacted fill required for the structure to at least 6" below pipe invert. E. Make trenches true to grade by means of substantial and accurately set batter -boards. F. Immediately after testing and/or inspection, carefully backfill the trench with earth free from clods, brick, etc., to a depth one-half the pipe diameter and then firmly puddle and tamp in such a manner as not to disturb the alignment or joints of the pipe. 1. Thereafter, puddle and tamp every vertical foot. G. Burial depth of gravity drain lines shall have precedence over non -gravity systems. 1. Offset chilled water and domestic water lines as required to coordinate with gravity lines. Basic Plumbing Requirements Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220500-9 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS H. The Contractor shall coordinate exact location, depth, and scope of underground piping, electrical conduits, and similar utilities. 1. Routing shown on drawings is schematic coordinate of actual routing with field conditions, grades, and work of other trades, then document in "as -built" drawings. 3.13 ANCHORING EQUIPMENT A. Securely anchor all equipment designed for permanent mounting to its supporting surface in compliance with IMC. B. A minimum of two bolts are required per each piece of equipment. 1. Bolts shall be of sufficient size to prevent equipment from overturning or moving from original mounting position. 3.14 CORROSION A. Make provisions to prevent corrosion due to contact of metallic pipe and equipment with moisture or dissimilar materials. B. When joining a pipe with another pipe, valve, fitting, or piece of equipment constructed of dissimilar metal install an insulated joint to prevent formation of galvanic couple. C. Pipe hangers and supports of dissimilar metal shall be isolated from contact with pipe. D. Metal pipe and equipment shall be isolated from direct contact with concrete or other corrosive materials and soils. 3.15 TESTS A. Test all materials, equipment, and systems that require testing by these specifications or by any applicable regulation or code, in the presence of owner or authority having jurisdiction. 1. Test all items requiring pressure or leakage tests before concealing from view. 2. Rectify all defects disclosed by tests and the repeat the tests. a. Continue process until installation passes all required test. 3. The Contractor shall provide all labor, materials, and equipment used in tests. B. Contractors' tests shall be scheduled and documented in accordance with the commissioning requirements. 1. Refer to Section 22 05 05, Plumbing Commissioning, for further details. 3.16 COMPLETION OF WORK A. Prior to acceptance of the installation and final payment of the Contract, the Contractor shall provide and complete the following: B. CLEANING: as required by Special Conditions applicable to this Division of the work. 1. At the conclusion of the construction, the site and structure shall be cleaned thoroughly of all debris and unused materials remaining from the plumbing construction. a. Clean all areas and temporary storage spaces of all packing boxes, wood frame members and other waste materials used in the plumbing construction. Basic Plumbing Requirements Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220500-10 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 2. Clean the entire piping system and equipment internally. 3. Drain all tanks fixtures and pumps and prove free of sludge and accumulated matter. 4. Remove all temporary labels, stickers, etc. from all fixtures and equipment. a. (Do not remove permanent nameplates, equipment model numbers, ratings, etc.). C. OPERATION AND MAINTENANCE MANUALS 1. Refer to Section 22 05 00 for Operations and Maintenance Data requirements. D. AS -BUILT PRINTS: 1. Requirements and methods of preparing and procedure for submitting project record as - built prints shall be in accordance with Division 1. 2. Contractor shall keep day-to-day records of all changes (redline drawings), and upon completion of the work, shall submit the redline drawings to the A/E to incorporate these changes into the original ACAD drawing files in order to create the record drawings (as -built drawings). a. Provide a CD containing -copies of all as -built drawing files in both ACAD and TIF format to the Owner at the date of substantial completion. 3. The drawings shall show: a. All equipment and piping (including underground). b. The fire protection sprinkler system layout with dimensions and reference points. c. All other concealed non -accessible work, i) Branching arrangement and valve location for piping systems. ii) The locations of all water hammer arrestors and potable water shutoff valves in system. iii) The locations of control system sensors and other control devices. iv) Work of change orders not shown on contract documents. E. WARRANTY 1. All equipment and systems, unless specified otherwise, shall have a manufacturer's warranty for a period of one year from the date of substantial completion. a. This warranty shall be against defective materials, design, and workmanship. 2. The plumbing contractor shall repair or replace any component of Division 22 work under warranty, which proves to be defective, at no cost to the Owner. Basic Plumbing Requirements Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220500-11 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3. The Contractor upon receipt of notice from the Owner of a failure during the warranty period shall respond the same day and complete warranty service work in a timely manner. a. Without proper documentation, the Owner cannot acknowledge repairs are complete. 4. Required optional extended manufacturer or vendor warranties for specific items, their performance, or expected durability will be explicitly included in Division 22 Specifications. a. Manufacturer or vendor shall repair or replace any defective component under extended warranty at no cost to the Owner. 3.17 DEMONSTRATION AND TRAINING A. Training of the Owner's operation and maintenance personnel is required in cooperation with the Owner's Representative. B. Provide competent, factory -authorized personnel to provide instruction to Facilities Service personnel concerning the location, operation, and troubleshooting of the installed systems. C. Schedule the instruction in coordination with the Owner's Representative after submission and approval of formal training plans. D. Refer to Section 22 05 05, Plumbing Commissioning, for further contractor training requirements. END OF SECTION Basic Plumbing Requirements Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220500-12 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 22 05 05 STARTING OF PLUMBING SYSTEMS PART 1 GENERAL 1.1 SECTION INCLUDES: A. Starting of Plumbing Systems. B. Demonstration and Instructions. 1.2 RELATED SECTIONS: A. All Divisions of Contract Documents. PART 2 PRODUCTS Not Applicable PART 3 EXECUTION 3.1 STARTING OF PLUMBING SYSTEMS: A. Coordinate schedule for start-up of various equipment and systems. B. Notify Owner's representative seven (7) days prior to start-up of each item. C. Do not start-up or operate Plumbing systems until construction of building envelope is complete and system components will not be subjected to damage from dirt, dust, construction debris, and weather, or by use of construction personnel. D. Clear dirt, dust, and grout on exterior or interior surfaces of fixtures, equipment, heat exchangers, heating coils, burners, and the like, prior to acceptance by Owner. E. Verify that specified electrical characteristics agree with those required by the equipment or system manufacturer. F. Verify wiring and support components for equipment are complete and tested. G. Execute start-up under supervision of applicable manufacturer's representative in accordance with manufacturers' instructions. H. Activate and operate all plumbing equipment and systems and verify that all systems are functioning properly in all modes and sequences of operation. When verification is complete, demonstrate all modes and sequences to Owner's representative. Verify hot water temperature settings, relief valve operation, regulator operation, tempered water settings, temperature and pressure balancing valve operation, flue damper operation, combustion efficiencies, flush valve Starting of Plumbing Systems Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220505-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS operation, and the like. When specified in individual specification sections, require manufacturer to provide authorized representative to be present at site to inspect, check, and approve equipment or system installation prior to start-up, and to supervise placing equipment or system in operation. J. Submit a written report that equipment or system has been properly installed and is functioning correctly. 3.2 DEMONSTRATION AND INSTRUCTIONS OF PLUMBING SYSTEMS: A. Demonstrate operation and maintenance of plumbing equipment and systems to Owner's personnel two (2) weeks prior to date of final inspection. B. Demonstrate project equipment and provide instruction by a qualified manufacturers' representative who is knowledgeable about the Project. C. For equipment or systems requiring seasonal operation, perform demonstration for other seasons within six (6) months. D. Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with Owners' personnel in detail to explain all aspects of operation and maintenance. E. Demonstrate start-up, operation, control, adjustment, trouble -shooting, servicing, maintenance, and shutdown of each item of equipment at agreed time, at equipment location. F. Prepare and insert additional data in operation and maintenance manuals when need for additional data becomes apparent during instruction. G. Record training sessions and provide copy to Owner. 3.3 STARTUP OF PLUMBING SYSTEMS: A. Upon completion of the plumbing system's installation, contractor shall test and operate all individual components of the system. Demonstrate that the installation is functioning in all modes of operation as a complete and integrated system and is performing in accordance with the Contract Documents. Owner's personnel shall be trained in the operation and maintenance of the system. All operating schedules, parameters, and set -points shall be entered into the acceptable document form. 1. Provide startup data to the Owner in Operation and Maintenance Manual. END OF SECTION Starting of Plumbing Systems Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220505-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 22 05 10 MINOR PLUMBING DEMOLITION PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Other Contract Documents complement the requirements of this Section. B. The General Requirements apply to the work of this Section. 1.2 SCOPE A. Provide labor, materials, equipment, and supervision necessary to complete the following: 1. Owner has salvage rights to all existing items on site. 2. Remove plumbing services, and associated items as indicated on drawings. 3. Provide protection for adjacent existing areas before, during, and following removal operations. 4. Leave interior clean, ready for further construction. B. Owner removed items: 1. The Owner will remove all movable items and certain fixed items identified by the drawings or as discussed in the pre -construction meeting. C. Owner Salvaged Items: 1. The drawings identify items removed by Contractor and Owner Salvaged. 2. Owner has salvage rights to Contractor Removed/Owner Salvaged items. 3. Take care not to damage Owner Salvaged items removed by Contractor. PART 2 MATERIALS 2.1 REMOVED ITEMS A. Remove from site all items, walls, structural, mechanical, electrical, and finish materials other than Owner salvage or retained items within the remodeled areas as indicated. Minor Plumbing Demolition Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220510-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS PART 3 EXECUTION 3.1 MECHANICAL WORK A. Disconnect all service piping necessary for the completion of removal operations. 1. Cap abandoned service lines not extended or reused with materials compatible with existing piping. 2. Re-route existing services required to remain. 3. Remove from site plumbing fixtures from remodeled areas not specifically noted on drawings to be Owner salvaged. B. Contractor shall notify the Owner in writing of his demolition schedule. C. Contractor shall provide a set of, As -build, plans indicating the changes and any abandoned systems. END OF SECTION Minor Plumbing Demolition Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220510-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 22 05 29 HANGERS and SUPPORTS for PLUMBING PIPING PART 1 GENERAL 1.1 SECTION INCLUDES: A. Pipe and equipment hangers and supports; B. Equipment bases and supports; C. Sleeves and seals; and D. Flashing and sealing equipment and pipe stacks. 1.2 REFERENCES A. ASME B31.9 - Building Services Piping B. ASTM F708 - Design and Installation of Rigid Pipe Hangers C. MSS SP58 - Pipe Hangers and Supports - Materials, Design and Manufacture D. MSS SP69 - Pipe Hangers and Supports - Selection and Application E. MSS SP89 - Pipe Hangers and Supports - Fabrication and Installation Practices 1.3 SUBMITTALS A. Shop Drawings: Indicate system layout with location and detail of trapeze hangers. B. Product Data: Provide manufacturers' catalog data including load capacity. C. Design Data: Indicate load carrying capacity of trapeze, multiple pipe, and riser support hangers. D. Manufacturer Installation Instructions: Indicate special procedures and assembly of components. 1.4 REGULATORY REQUIREMENTS A. Conform to applicable code for support of plumbing piping. Hangers and Supports for Plumbing Piping Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220529-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS PART 2 PRODUCTS 2.1 PIPE HANGERS AND SUPPORTS A. Plumbing Piping - DWV: 1. Conform to ASME B31.9, ASTM F708, MSS SP58, MSS SP69, and MSS SP89 2. Hangers for pipe sizes 2 to 11/2", use carbon steel adjustable swivel split ring. 3. Hangers for pipe sizes 2" and over, use carbon steel adjustable clevis. 4. Multiple or trapeze hangers, use steel channels with welded spacers and hanger rods. 5. Wall support for pipe sizes to 3", use cast iron hook. 6. Wall support for pipe sizes 4" and over, use welded steel bracket and wrought steel clamp. 7. Vertical support use steel riser clamp. 8. Floor support, use cast iron adjustable pipe saddle, lock nut, nipple, floor flange, and concrete pier or steel support. 9. Copper pipe support, use vinyl coated carbon steel ring, adjustable. a. Do not use copper plated or copper clad hangers. B. Plumbing Piping - Water: 1. Conform to ASME B31.9, ASTM F708, MSS SP58, MSS SP69, and MSS SP89. 2. Hangers for pipe sizes 2 to 11/2" use carbon steel adjustable swivel split ring. 3. Hangers for cold pipe sizes 2" and over, use Carbon steel adjustable clevis. 4. Multiple or trapeze hangers, use steel channels with welded spacers and hanger rods. 5. Wall support for pipe sizes to 3" use cast iron hook. 6. Wall support for pipe sizes 4" and over, use welded steel bracket and wrought steel clamp. 7. Vertical support: use steel riser clamp. 8. Floor support for cold pipe any size, use cast iron adjustable pipe saddle, lock nut nipple, floor flange, and concrete pier or steel support. 9. Floor support for hot pipe sizes up to 4", use cast iron adjustable pipe saddle, lock nut, nipple, floor flange, and concrete pier or steel support. Hangers and Supports for Plumbing Piping Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220529-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 10. Copper pipe support: use vinyl coated carbon steel ring, adjustable. a. Do not use copper plated or copper clad hangers. 2.2 ACCESSORIES A. Hanger Rods: Mild steel threaded both ends, threaded one end, or continuous threaded. 2.3 INSERTS A. Malleable iron case of galvanized steel shell and expander plug for threaded connection with lateral adjustment, top slot for reinforcing rods, lugs for attaching to forms, size inserts to suit threaded hanger rods. 2.4 FLASHING A. Metal flashing: 26-gage galvanized steel. B. Metal Counter -flashing: 22-gage galvanized steel. C. Lead Flashing: 1. Waterproofing, 5-Ib/sq ft sheet lead 2. Soundproofing, 1-Ib/sq ft sheet lead D. Flexible Flashing, 47-mil thick butyl sheet; compatible with roofing E. Caps, steel 22-gage minimum; 16-gage at fire resistant elements 2.5 SLEEVES A. PVC pipe with intumescent putty sealant. PART 3 EXECUTION 3.1 INSTALLATION A. Install in accordance with manufacturer's instructions. 3.2 INSERTS A. Provide inserts for placement in concrete formwork. B. Provide inserts for suspending hangers from reinforced concrete slabs and sides of reinforced concrete beams. C. Provide hooked rod to concrete reinforcement section for inserts carrying pipe over 4". D. Where concrete slabs form -finished ceiling, locate inserts to be flush with slab surface. Hangers and Supports for Plumbing Piping Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220529-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS E. Where inserts are omitted, drill through concrete slab from below, and provide through -bolt with recessed square steel plate and nut recessed into and grouted flush with slab. 3.3 PIPE HANGERS AND SUPPORTS A. Support horizontal and vertical piping in accordance with IPC International Plumbing Code. B. Install hangers to provide minimum 2" space between finished covering and adjacent work. C. Place pipe hanger within 12" of each turn or elbow. D. Use hangers with 11/2" minimum vertical adjustment. E. Support horizontal cast iron pipe adjacent to each hub, with 5' maximum spacing between hangers. F. Where several pipes can be installed in parallel and at same elevation, provide multiple or trapeze hangers. G. Support riser piping independently of connected horizontal piping. H. Provide vinyl coated carbon steel hangers and supports. 1. Do not use copper plated or copper clad hangers. 2. Avoid contact with dissimilar metals. I. Design hangers for pipe movement without disengagement of supported pipe. J. Prime coat exposed steel hangers and supports. 1. Refer to architectural specifications. 2. Hangers and supports located in crawl spaces, pipe shafts, and suspended ceiling spaces are not exposed. 3.4 EQUIPMENT BASES AND SUPPORTS A. Provide housekeeping pads of concrete, minimum 4" thick and extending 6" beyond supported equipment. 1. Refer to architectural sections for concrete work. B. Provide templates, anchor bolts, and accessories for mounting and anchoring equipment. C. Construct supports of steel members. 1. Brace and fasten with flanges bolted to structure. D. Provide rigid anchors for pipes after installing vibration isolation components. Hangers and Supports for Plumbing Piping Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220529-4 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3.5 FLASHING A. Provide flexible flashing and metal counter -flashing where piping and ductwork penetrate weather or waterproofed walls, floors, and roofs. B. Flash vent and soil pipes projecting 3" minimum above finished roof surface with lead worked one -inch minimum into hub, 8" minimum clear on sides with 24" x 24" sheet size. 1. For pipes through outside walls, turn flanges back into wall and caulk, metal counter - flash, and seal. C. Flash floor drains in floors with topping over finished areas with lead; 10" clear on sides with minimum 36" x 36" sheet size. 1. Fasten flashing to drain clamp device. D. Seal floor, shower, and mop sink drains watertight to adjacent materials. E. Provide acoustical lead flashing around ducts and pipes penetrating equipment rooms, installed in accordance with manufacturer's instructions for sound control. F. Adjust storm collars tight to pipe with bolts; caulk around top edge. 1. Use storm collars above roof jacks. Screw vertical flange section to face of curb. 3.6 SLEEVES A. Install per IPC requirements and recommendations. END OF SECTION Hangers and Supports for Plumbing Piping Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220529-5 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 22 05 53 IDENTIFICATION for PLUMBING PIPING and EQUIPMENT PART 1 GENERAL 1.1 SECTION INCLUDES: A. Tags B. Pipe Markers 1.2 REFERENCES A. ASME A13.1 - Scheme for the Identification of Piping Systems 1.3 SUBMITTALS A. Submit list of wording, symbols, letter size, and color -coding for plumbing identification. B. Submit valve chart and schedule, including valve tag number, location, function, and valve manufacturer's name and model number. C. Product Data: Provide manufacturer's catalog literature for each product required. D. Manufacturer Installation Instructions: Indicate special procedures and installation. 1.4 PROJECT RECORD DOCUMENTS A. Provide a written record of the actual locations of tagged valves. PART 2 PRODUCTS 2.1 PIPE MARKERS: A. Color: Conform to ASME A13.1. B. Plastic Pipe Markers: 1. Factory fabricated, flexible, semi -rigid plastic, preformed to fit around pipe or pipe covering. 2. Minimum information indicating direction of flow arrow and identification of fluid conveyed. C. Plastic Tape Pipe Markers: Provide flexible, vinyl film tape with pressure sensitive adhesive backing and printed markings. Identification for Plumbing Piping and Equipment Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220553-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS PART 3 EXECUTION 3.1 PREPARATION A. Degrease and clean surfaces to receive adhesive for identification materials. 3.2 INSTALLATION A. Install plastic pipe markers in accordance with manufacturer's instructions. END OF SECTION Identification for Plumbing Piping and Equipment Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220553-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 22 05 93 TESTS — PLUMBING PIPING SYSTEMS PART 1 GENERAL 1.1 RELATED DOCUMENTS A. The other Contract Documents complement the requirements of this section. B. The General Requirements apply to the work of this section. 1.2 SCOPE A. Provide labor, materials, and supervision necessary to perform all piping tests of systems: 1. Domestic Water Systems 2. Sanitary Drain, Waste, and Vent Systems B. Additional tests as specified in other sections. 1. Perform these tests in addition to those specified in this section. C. If a governing body requires tests over and above those specified herein, the Contractor shall perform the test and provide certification for approval by such governing body or agency. D. Perform additional tests as may be required by utility companies or agencies supplying the particular service. E. Provide certified test reports for all systems. 1.3 EQUIPMENT A. Contractor shall provide all devices, equipment, gases, etc., necessary conduct the required tests. 1. Do not use devices installed in the work for test purposes. B. Materials are subject to standard test by manufacturer before shipment. 1.4 GENERAL REQUIREMENTS A. Make tests during installation and after completion. 1. Tests are at expense of Contractor. B. Conduct and obtain approval of all piping concealed in building construction, chases, etc., prior to concealment. Test - Plumbing Piping Systems Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220593-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 1. Contractors failing to make such tests must assume all costs of removing and replacing defective piping and must pay all costs of cutting and repairing building construction made necessary by this neglect to end of guarantee period. C. Make tests prior to insulating piping or backfilling of underground work. 1. Make hydrostatic tests with cold water, the minimum duration shall be four hours. D. Test in presence of Owner's representative, who may direct Contractor to perform tests in presence of some other appointed witness. 1. The Architect, Owner's representative, and/or permitting agency shall witness all Contractor performed test without exception. 2. Contractor is responsible for correct testing, observation of results, and corrections as necessary. E. The Contractor shall make provisions for the thorough inspection of the installation and in no case hide any part of construction from the inspector. F. Do not apply test pressures to a hot valve. 1. In event, such testing is necessary, install temporary block ahead of valve. 2. Final test of connection against hot valve shall be by examination under service pressure. G. Disconnect and protect from damage any system device not designed for the test pressure. H. All parts of system under test must be under constant supervision with authority to bleed off excess pressure that may develop. 1. No tests shall remain on work unless continuously attended. 2. Use care so that excess pressure does not develop because of temperature changes. I. Work shall be completely leak free at any joint, fittings, accessory, or attachment. 1. If repairs are necessary, re -test work after correction. 2. Correct defects made manifest by these tests before proceeding with other work. 1.5 CERTIFIED TEST REPORTS A. For each system tested, provide a certificate testifying that the system was tested as specified and provide the following data: 1. Identification of system tested referencing specific equipment connected to system; 2. Date tested; Test - Plumbing Piping Systems Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220593-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3. Test pressure and duration of test; 4. Recorded test pressure at end of test; 5. Media used for testing; 6. List necessary repairs made before the system passed the leak test; 7. Signature of Contractor; 8. Signature of witness; and 9. Other data as required by the system specification. 1.6 DOMESTIC WATER SYSTEMS A. Perform a hydrostatic test at 125-psig minimum for minimum 4-hour duration. B. After test, blow clean with potable water; leave lines clean of all sediment and debris. C. Sterilize all lines with chlorine as specified. 1.7 SANITARY SEWER SYSTEMS A. Perform a hydrostatic test at 10 ft. head pressure minimum for minimum 4-hour duration. B. After test, blow clean with potable water; leave lines clean of all sediment and debris. C. Sterilize all lines with chlorine as specified. PART 2 PRODUCTS 2.1 Not Used PART 3 EXECUTION 3.1 Not Used END OF SECTION Test - Plumbing Piping Systems Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 220593-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 22 10 00 PLUMBING PIPING PART 1 GENERAL 1.1 SCOPE A. Work consists of all plumbing work indicated on drawings and specified herein. B. Included are requirements for fees/permits for installation and inspection of all plumbing work. C. Also see "Instructions to Bidders," "General Conditions," "Supplementary General -Conditions," "Special Conditions," and "General Requirements for Mechanical and Electrical Work" which are hereby made part of this section and govern in the event there is a conflict with this section. 1.2 SECTION INCLUDES A. Pipe and pipe fittings; B. Valves; C. Sanitary sewer piping system; and D. Domestic water piping system. 1.3 REFERENCES A. ANSI/ASME B16.3 - Malleable Iron Threaded Fittings Class 150 ns 300; B. ANSI/ASME B16.18 — Cast Copper Alloy Solder Joint Pressure Fittings; C. ANSI/ASME B16.22 — Wrought Copper and Copper Alloy Solder Joint Pressure Fittings; D. ANSI/ASME B16.23 - Cast Copper Alloy Solder Joint Drainage Fittings — DWV; E. ANSI/ASME B16.29 - Wrought Copper and Wrought Copper Alloy Solder Joint Drainage Fittings — DWV; F. ANSI/ASME Sec. 9 - Welding and Brazing Qualifications; G. ANSI/ASTM B32 - Solder Metal; H. ANSI/ASTM D2466 - Poly (Vinyl Chloride) (PVC) Plastic Pipe Fitting, Schedule 40; I. ANSI/AWS D1.1 - Structural Welding Code; J. ASME - Boiler and Pressure Vessel Code; K. ASTM A53 - Pipe, Steel, Black and Hot -Dipped Zinc Coated, Welded and Seamless; L. ASTM A120 - Pipe, Steel, Black and Hot -Dipped Zinc Coated (Galvanized), Welded and Seamless, for Ordinary Uses; M. ASTM A234 - Pipe Fittings of Wrought Carbon Steel and Alloy Steel for Moderate and elevated Temperatures; N. ASTM B88 - Seamless Copper Water Tube; O. ASTM B306 - Copper Drainage Tube (DWV); P. ASTM C564 - Rubber Gaskets for Cast Iron Soil Pipe and Fittings; Q. ASTM D1785 - Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120; Plumbing Piping 22 10 00 - 1 Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS R. ASTM D2683 - Socket -Type Polyethylene Fillings for Outside Diameter -Controlled Polyethylene Pile; S. ASTM D2729 - Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings; T. ASTM D2855 - Making Solvent -Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings; U. ASTM F477 - Elastomeric Seals (Gaskets) for Joining Plastic Pipe; V. AWS A5.8 - Brazing Filler Metal; and W. AWWA C601 - Standard Methods for the Examination of Water and Waste Water. 1.4 QUALITY ASSURANCE A. Valves: Manufacturer's name and pressure rating marked on valve body. B. Welding Materials and Procedures: Conform to ASME and applicable state labor regulations. C. Provide Welder Certification in accordance with ANSI/ASME Sec. 9. 1.5 SUBMITTALS A. Include data on pipe materials, pipefittings, valves, and accessories. PART 2 PRODUCTS 2.1 SANITARY SEWER PIPING, BURIED WITHIN 5-FEET OF BUILDING A. See section 22 05 00 - part 2.1 f for additional material requirements. B. PVC Pipe: ASTM D2665. 1. Fittings: PVC. 2. Joints: ASTM D2855, solvent weld. 2.2 SANITARY SEWER PIPING, ABOVE GRADE A. PVC Pipe: ASTM D2665. 1. Fittings: PVC. 2. Joints: ASTM D2855, solvent weld (Not allowed in plenums). 2.3 WATER PIPING, BURIED WITHIN 5-FEET OF BUILDING A. Copper Tubing: 1. ASTM B88, Type K, hard drawn. 2. Fittings: a. Soldered: ANSI/ASME B16.29, wrought copper; b. Pressed: ASME B16.18 or ASME B16.22, copper press fitting with EPDM 0-ring; and Plumbing Piping Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 221000-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3. Joints: a. Soldered: ANSI/ASTM B32, solder, Grade 95TA b. Pressed: ASME B16.18 or ASME B16.22, copper press fitting with EPDM 0-ring 2.4 WATER PIPING, ABOVE GRADE A. Copper Tubing: ASTM B88, Type L, hard drawn 1. Fittings: a. Soldered: ANSI/ASME B16.18 - bronze sand casting, ANSI/ASME B16.22 - wrought copper, ANSI/ASME B16.23 - cast brass, or ANSI/ASME B16.29 - wrought copper. b. Pressed: ASME B16.18 or ASME B16.22, copper press fitting with EPDM 0-ring 2. Joints: a. Soldered: Grooved joints or ANSI/ASTM B32, solder, Grade 95TA b. Pressed: ASME B16.18 or ASME B16.22, copper press fitting with EPDM 0-ring 2.5 FLANGES, UNIONS, AND COUPLINGS A. Pipe Size 2" and under: 150 psig malleable iron unions for threaded ferrous piping; bronze unions for copper pipe, soldered joints. B. Pipe Size Over 2": 150 psig forged steel slip-on flanges for ferrous piping; bronze flanges for copper piping; neoprene gaskets for gas service; 1/16" thick preformed neoprene bonded. C. Grooved and Shouldered Pipe End Couplings: Ductile iron housing clamps to engage and lock, where required, designed to permit some angular deflection, contraction, and expansion; 'C' shape pressure responsive synthetic rubber sealing gasket conforming to ANSI/NSF-61; steel bolts, nuts and washers; galvanized couplings for galvanized pipe. 1. IPS Steel Piping: a. Rigid Type: Use coupling housings cast with offsetting, angle -pattern bolt pads to provide system rigidity and support and hanging in accordance with ANSI B31.1, B31.9 and NFPA 13. b. Flexible Type, use in locations where vibration attenuation and stress relief are required. i) May use flexible couplings in lieu of flexible connectors at equipment connectors. ii) Place couplings in close proximity to the vibration source. Plumbing Piping Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 221000-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS c. Flange Adapters: Flat face, for direct connection to ANSI Class 125 or 150 flanged components. 2. Hard Copper Tube: Housings cast with offsetting angle -pattern bolts pads. a. Housings coated with copper colored alkyd enamel. b. Manufacture copper tube dimensions with FlushSeal® type gasket. D. Dielectric Connections: Union or waterway with galvanized or plated steel threaded end, copper solder end, steel or ductile iron grooved end, and water impervious isolation barrier. 2.6 GATES VALVES A. Up to 2": Bronze body, inside screw, single wedge, or disc, threaded ends, valves in copper pipe to have soldered joint ends. B. Over 2": Iron body, bronze trim, rising OS&Y, single wedge, flanged ends. 2.7 BALL VALVES A. Up to 2": 1. Bronze body, stainless steel ball with Teflon seats and stuffing box ring, lever handle. 2. Valves in copper pipe use soldered joint ends or end compatible with piping system. B. Over 2": 1. Cast steel body; chrome plated steel ball, Teflon seat and stuffing box seals, lever handle. 2. Ductile iron body; chrome plated carbon steel ball and stem, Teflon seat, lever handle. 2.8 SPRING LOADED CHECK VALVES A. Iron body, bronze trim, spring loaded, renewable composition disc, screwed, wafer, or flanged ends. B. Ductile iron body, stainless steel trim, spring -assisted, aluminum bronze, or elastomer encapsulated ductile iron disc, grooved ends. 2.9 RELIEF VALVES A. Bronze body, Teflon seat, steel stem, and springs, automatic, direct pressure actuated, capacities ASME certified and labeled. Plumbing Piping Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 221000-4 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS PART 3 EXECUTION 3.1 PREPARATION A. Ream pipe and tube ends and remove burrs. B. Remove all scale and dirt on inside and outside of pipe and connectors before assembly. C. Prepare piping connections to equipment with flanges or unions. 3.2 INSTALLATION A. Provide non -conducting dielectric connections wherever jointing dissimilar metals. B. Route piping in orderly manner and maintain gradient. C. Install piping to conserve building space and not interfere with use of space. D. Group the piping at a common elevation and location whenever practical. E. Install piping to allow for expansion and contraction without stressing pipe, joints, or connected equipment. F. Provide clearance for installation of insulation and access to valves and fittings. G. Provide access where valves and fittings are not exposed. H. Arrange water piping to drain at low points. I. Establish elevations of buried piping outside the building to ensure not less than 3 ft of cover. 1. Slope piping and arrange to drain at low points. J. When welding pipe support members to structural building framing, scrape, brush clean, and apply one coat of zinc rich primer to weld. K. Prepare pipe, fittings, supports, and accessories not prefinished, ready for finish painting. L. Install valves with stems upright or horizontal, not inverted. 3.3 APPLICATION A. Use approved mechanical couplings and fasteners only in accessible locations or as approved by engineer. B. Install unions or grooved joint couplings downstream of valves at equipment or apparatus connections. C. Install gate or ball valves for shut-off and to isolate equipment, part of systems, or vertical risers. D. Install ball valves for throttling, bypass, or manual flow control services. Plumbing Piping Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 221000-5 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS E. Provide spring loaded check valves on discharge of water pumps. 3.4 DISINFECTION OF POTABLE WATER PIPING SYSTEM A. Prior to starting work, verify system is complete, flushed, and clean. B. Ensure PH of water to be treated is between 7.4 and 7.6 by adding alkali (caustic soda or soda ash) or acid (hydrochloric). C. Inject disinfectant, free chlorine in liquid, powder, tablet, or gas form, throughout system to obtain 50-to 80-mg/L residual. D. Bleed water from outlets to ensure distribution and test for disinfectant residual at minimum 15% of outlets. E. Maintain disinfectant in system for 24-hours. F. If final disinfectant residual tests less than 25-mg/L, repeat treatment. G. Flush disinfectant from system until residual equal to that of incoming water of 1.0-mg/L. H. Take samples no sooner than 24-hours after flushing, from 5% of outlets and from water entry, and analyze in accordance with AWWA C601. END SECTION Plumbing Piping Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 221000-6 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 00 10 SPECIAL PROVISIONS FOR ELECTRICAL WORK PART 1 GENERAL 1.1 WORK INCLUDED: A. Furnish all labor, materials, equipment, tools, and services in connection with, or properly incidental to the furnishing of equipment, installing equipment and the construction of electrical systems as described in this Division of the Specifications and/or shown on the accompanying Drawings, or reasonably implied there from, except as hereinafter specifically excluded. B. Furnish all additional details or special construction as required for work indicated or specified in the division or work specified in other divisions. Furnish and install all material and equipment usually furnished with systems or required to complete and make operative the installation, whether specifically mentioned or not. C. Owner -furnished equipment shall be installed and connected in accordance with manufacturer requirements. 1.2 REFERENCE DOCUMENTS: A. The Electrical Drawings are a combination of scale and symbolic representation of the electrical systems required to be installed. The drawings and specifications are based on qualified skilled craftsmen procuring and installing the work. The drawings include symbolic indication of branch circuit conductors, connections to devices, hook-up of electric powered equipment, etc. B. Division 26 Work includes proper routing of raceways, grouping of conductors, wiring to and hook-up of devices and equipment in accord with the total provisions of the specifications. Refer to the symbol schedule for the basis of the drawing representation. Symbols other than those in the schedule are explained elsewhere or are those commonly used in the industry. Listing a symbol in the schedule does not imply that the symbol is used on the final contract documents. The electrical drawings indicate general locations of devices and equipment, but final locations shall be determined in reference to the Architectural, Structural, Mechanical and Electrical Drawings. C. The Architectural, Structural and Mechanical Drawings and Specifications including all Supplements issued thereto, are a part of these Specifications and the accompanying Electrical Drawings and shall be complied with in every respect. 1. Drawings and general provisions of the Contract, including General Conditions and Division 01 Specification Sections, apply to this Section. 2. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. Electrical General Conditions 26 00 10 -1 City Hall - 4th Floor SW Remodel Project # 23202 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 1.3 REGULATIONS, PERMITS AND APPROVALS: A. The installation including all materials and equipment shall conform to the most recent NFPA 70 adopted by the Authority Having Jurisdiction; the applicable requirements of the utility companies supplying energy, communications, and other services to the project; the laws of the City pertaining to electrical installation; and with all national, state, and local codes and laws relating to construction, building and public safety. B. Each of the above regulations are minimum standards. Where the requirements of these minimum standards are less than or do not conflict with the requirements of the Contract Documents, the Contract Documents shall be followed. C. Obtain all permits and arrange for all inspections and approvals for the work including construction document review and site observations by the authorities having jurisdiction. Obtain certificates of inspection and acceptance and transmit these to the Architect as a condition of acceptance. Assume and pay all fees and other costs involved in obtaining the permits, inspection certificates and approvals as a part of Division 26 Work. 1.4 SHOP DRAWINGS AND OTHER SUBMITTAL: A. Submit Shop Drawings or fully descriptive catalog data for all items of materials and equipment proposed to be furnished and/or installed. Submit sufficient copies to provide reviewed copies as need to be returned plus three (3) copies for retention by the Architect per Section 01 30 00 - Submittal Procedures. B. Submit on all Electrical Distribution Equipment, wiring materials, lighting fixtures and all components of communication, signal, protection, and alarm systems. The submittal of free-standing electrical equipment shall include scale drawings indicating the proposed layout of this equipment within the space allocated and the proximity of existing work, other electrical work, and work installed under other divisions of work. C. Submit sufficiently early to allow ample time for checking without delaying delivery of the materials to job site. A review of any submittal which results in a requirement to resubmit shall not be justified on the basis of work delay or extra cost. D. The review of Shop Drawings or catalog data by the Architect shall not negate the Contractor's responsibility for deviations from the Drawings and Specifications unless, in writing, attention is specifically noted for such deviations at the time of submission and acceptance of the Architect is noted thereon. When attention is called to deviations from the Drawings and Specifications, state in letter of transmittal whether or not such deviations involve any change in contract time and cost. Errors of any kind associated with submittal shall be the responsibility of the installer of Division 26 Work. 1.5 STANDARDS FOR ELECTRICAL MATERIALS: A. Materials shall be new and free from defects and shall conform with the standards of the Underwriters' Laboratories, Inc., in every case where such standards have been Electrical General Conditions City Hall - 4th Floor SW Remodel Project # 23202 260010-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS established. Evidence of such conformance shall be the UL label or "listing" by Underwriters' Laboratories, Inc. under Re-examination Service. B. The Specifications indicate a standard of quality for materials. Manufacturer's names and catalog numbers are used to designate materials or equipment to establish grade and quality. Where several manufacturers are named, the bid shall be based on those named manufacturer's products. Where only one manufacturer is named, unless stated otherwise, manufacturers of equal quality products will, however, be considered as substitutions only if submitted at least 5 days before the bid date. 1.6 SUBSTITUTIONS: A. In the event substitutions are to be submitted for Owner review, furnish descriptive catalog material, test data, samples, etc., of both the specified material and the proposed substitute, as well as any other pertinent data necessary to demonstrate that the proposed substitutions are acceptable equals to the specified products. B. Substitutions shall not be made without written acceptance and the lack of acceptance shall not be basis of change in the work. PART 2 PRODUCTS 2.1 PAINTS AND PROTECTIVE COATINGS: A. For exposed hangers and supports not provided with factory protected finish: Sherwin-Williams Kromik primer and Metalatex semi -gloss enamel. B. Materials and Equipment: Sherwin-Williams Kromik primer and Metalatex semi -gloss enamel. 2.2 NAMEPLATES: A. Nameplates shall be laminate plastic name plates with one-fourth inch (1/4") high letters engraved thereon which give contract identification, electric service characteristics and source of power on each of the items of equipment. Nameplates for items of equipment on Life Safety System including transfer switches shall be red with white letters and all others shall be black with white letters unless specifically noted otherwise. B. Name plates shall be fastened on with cadmium or plated screws. Electrical General Conditions City Hall - 4th Floor SW Remodel Project # 23202 260010-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS PART 3 EXECUTION 3.1 EXAMINATION OF SITE: A. Visit the site of the proposed work and carefully examine the existing conditions and limitations thereof and include in the bid all costs of any kind whatsoever which are incurred through limitations of the existing conditions. 3.2 SERVICE, CONNECTIONS AND PERMITS: A. Obtain all permits, inspections and approvals for the work including construction document review and site observations by the authorities having jurisdiction. Obtain certificates of inspection and acceptance and transmit these to the Architect as a condition of acceptance. All fees and other costs involved in obtaining these permits, inspections and approvals shall be assumed and paid under the Division of the Work. B. Arrange for all services and pay all costs whatsoever to completely install and place in operation these electrical systems. 3.3 COORDINATION: A. Coordinate work with that of other trades and adjacent projects to make proper connections at appropriate locations and times. Review the construction of other trades and adjacent projects to determine the physical needs and time requirements imposed in providing connections to them as shown on the drawings and in accordance with the project schedule. B. Coordinate work with that of the other trades so work may be installed in the most direct and workmanlike manner without hindering or handicapping the other trades. Give precedence to lines which require a stated grade for proper operation. Where space requirements conflict, the electric conduit shall, in general, yield to all other trades. C. When any electrical equipment is operable and it is to the advantage of the project, the equipment may be operated providing that prior approval of the Owner is received, and proper supervision of the equipment operation performed. The warranty period shall, however, not commence until such time as the equipment is operated for the beneficial use of the Owner. Regardless of whether the equipment has or has not been operated, properly maintain the equipment; and at the completion of the work, properly clean, adjust, and complete all items before final acceptance is requested. D. The Architect or others may, during the execution of the work, desire to make connections to or modifications of work installed in this Division of Work. Permission for the Architect or others to make these connections or modifications shall be granted without relieving responsibility for work installed under this Division of Work. Electrical General Conditions City Hall - 4th Floor SW Remodel Project # 23202 260010-4 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3.4 RECORD DRAWINGS AND BROCHURES: A. During the execution of work, maintain a complete set of reproducible drawings upon which all dimensional locations of equipment, deviations and changes in the work shall be recorded. These Record Drawings shall be in good condition and shall be marked "Record Drawings", signed, dated, and transmitted with two sets of prints under a transmittal letter to the Architect upon completion and acceptance of the work and before final payment is made. B. Unless otherwise noted, provide at a minimum the following data as applicable to the work shall be included in items furnished for use by the Owner: 1. Record Drawings as specified above and elsewhere. 2. Four (4) brochures of lighting fixtures with copies of data of each installed luminaire. Index each brochure indicating fixture type, manufacturer and catalog number, voltage, and lamping. 3. Four (4) brochures of Electrical Distribution Equipment with final drawings, operating instructions, and maintenance instructions. 4. Four (4) brochures each for communication, signal protection and alarm systems installed with final installation and connection diagrams; and equipment operating, test and maintenance instructions. 3.5 CARE AND CLEAN UP OF EQUIPMENT AND MATERIALS: A. Protect each item and component of electrical equipment from moisture, concrete, mortar, paint, dust, and other foreign materials from the time it arrives on the job site until installed, placed in service and accepted by Owner, using signs, barriers and other means whereby others are made fully aware of the importance of protecting equipment from damage. B. Keep all electrical construction materials clean of all foreign materials from the time of arrival on the site until their installation. Time the installation of each item to avoid unnecessary exposure of the materials to destructive elements or destructive environment. Clean all installed materials of all foreign materials including concrete, mortar, spilled paint, and dust prior to final inspection. All unused electrical construction materials shall be removed from the site. C. After the installation is complete and before equipment is energized, thoroughly clean the interior and exterior of all equipment and materials. After the building is completed and cleaned, arrange for a power outage on each item of equipment and repeat the cleaning. This cleaning shall be performed just before final inspection. Each component shall be cleaned with air pressure, vacuumed, and wiped clean of all dust and other foreign material. Components shall be cleaned of all oxidation. Any portion needing touch-up finishing and/or protective coating shall be finished to equal the specified finish on the Electrical General Conditions City Hall - 4th Floor SW Remodel Project # 23202 260010-5 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS product. D. Provide for the removal of all unused, scrap, material containers and other rubbish or trash resulting from Division 26 Work from within and around all work and work areas on a basis that it will not interfere with other trades, other work, or the completion of any work. 3.6 PAINTING AND PROTECTION: A. Electrical equipment such as primary switches, switchboards, panelboard fronts, motor control centers and transformers shall be delivered to the job with suitable factory finish. Finishes marred in transit or during installation shall be refinished under this Division of Work to present a neat, workmanlike appearance equal to the factory finish. B. Except as elsewhere required, painting of equipment, boxes, conduit, etc., furnished under this Contract will be performed under another division of work. Clean electrical work of all trash, dirt, marks, and other foreign materials under this Division of Work prior to the application of finishes. C. Electric work in areas of the construction to remain unpainted shall be protective finished under this Division of Work as follows unless indicated otherwise: 1. Paint all exposed and non -rust inhibited hangers and supports not provided with a factory finish with primer and two (2) coats of enamel. 2. Material and equipment with suitable factory -applied finishes may be left unpainted provided the Architects' approval to do so is obtained. Prime and paint material and equipment that does not obtain such approval with two (2) coats of semi -gloss enamel. D. Painting in finished areas of the construction where finished coatings are applied under other divisions of work shall be performed under other Division of Work and shall include: 1. All exposed hangers and supports and all exposed conduits and boxes with a coat of primer, and two (2) coats of semi -gloss enamel and all panel boards and other cabinets with two (2) coats of semi -gloss enamel. 2. Concrete foundations with one (1) coat of masonry paint and one (1) coat of enamel. 3. Equipment with suitable factory -applied finishes left unpainted provided Architect approval is obtained prior to beginning of painting in the area. Material and equipment that does not obtain such approval shall be primed and painted two (2) coats of enamel. E. Painting done shall be in colors designated by the Architect. Successive coats of paint shall be of different shades. Electrical General Conditions City Hall - 4th Floor SW Remodel Project # 23202 260010-6 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3.7 CUTTING AND PATCHING: A. Do all cutting necessary for the installation of Division 26 Work. Cutting shall be carefully and neatly done so as not to damage or cut away more than necessary. B. Where Division 26 workmen damage or cut away work excessively, patching will be performed as a part of Division 26 Work. Patching will be by a craftsman experienced in performing this type of work. 3.8 NAMEPLATES: A. Install nameplates which give contract drawing identification and electric service characteristics on equipment unless specifically indicated otherwise including switch gear, switch boards, transformers, panel boards, and main control cabinets for alarm systems. Typed directories shall be provided for branch panel boards. B. In each case where compartments, equipment, etc., are required to be "labeled" or "identified", it shall be construed that nameplates are to be installed. C. Locate nameplates on the exterior face of the equipment so as to be clearly visible when the equipment is in place. D. Fasten nameplates on with screws except contact -type permanent adhesive shall be used where screws cannot or should not penetrate enclosure or substrate. 3.9 TESTS: A. On completion of the work, make voltage, resistance and ground tests of all wiring installed under this Contract. B. Such tests shall show results in accordance with the requirements of the Code. See specific items for other specific test requirements. C. Any defect found shall be repaired under this Contract to the satisfaction of the Architect. Electrical General Conditions City Hall - 4th Floor SW Remodel Project # 23202 260010-7 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3.10 GUARANTEE: A. Warranty all work done and all materials and equipment furnished to be free from defects. B. Promptly repair or replace defective work, material, and equipment without charge to the Owner at a schedule suitable to the Owner. C. The warranty shall be for a period of one year after acceptance for beneficial use by the Owner unless otherwise indicated elsewhere. END OF SECTION Electrical General Conditions City Hall - 4th Floor SW Remodel Project # 23202 260010-8 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 0100 ACCESS DOORS PART 1 GENERAL 1.1 RELATED SECTIONS A. Drawings and general provisions of the Contract, including the front-end documents with General Conditions, apply to this Section. B. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.2 WORK INCLUDED: A. Provide access doors in wall or ceiling locations as required or shown for access to motors, junction boxes, fire alarm equipment, telecom equipment and all other electrical equipment requiring maintenance, adjustment, or operation. PART 2 PRODUCTS 2.1 NON -FIRE RATED ACCESS DOORS: A. Furnish Inryco/Milcor, Acudor, Elmdor, or equal 24"x24" galvanized steel doors with 16- gauge frames, 14-gauge panels and 22-gauge casing head. Provide continuous concealed hinges and flush vandal proof lock. Use Style K access doors for plastered surfaces, Style M for masonry or gypboard surfaces. Use Style AP for acoustical plaster ceiling, with 18-guage panel. 2.2 FIRE RATED ACCESS DOORS: A. Furnish Inryco/Milcor, Acudor, Elmdor, or equal, UL listed, 1-1/2 hour Label "B", 24"x24" galvanized steel access doors with 16-gauge steel frames, and 20-gauge insulated sandwich -type door panel. Provide door with continuous concealed hinge and vandal proof and latching mechanism. 2.3 FINISHED AREAS: A. Paint access doors where located in finished areas per Architectural. Access Doors Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260100-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS PART 3 EXECUTION 3.1 EXECUTION: A. Coordinate with Architectural divisions prior to purchase and installation and install all doors required. Coordinate with other divisions to locate access doors for ease of operation and maintenance of concealed equipment. B. Installation shall be in accordance with the manufacturer's printed instructions. END OF SECTION Access Doors Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260100-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 01 10 RACEWAYS PART 1 GENERAL 1.1 WORK INCLUDED: A. Furnish and install complete systems of raceways for the installation of electrical conductors and other materials as specifically indicated. B. Provide complete raceway systems for each conductor of electric power, to be installed in this division of the work and for other work where so indicated except as specifically indicated otherwise. 1.2 REFERENCE DOCUMENTS: A. The Special Provisions for Electrical Work are hereby made apart of this section of the work. Refer to Section 26 00 10. B. See Section 26 01 90 for Supporting Devices. C. Drawings and general provisions of the Contract, including General Conditions and Division 01 Specification Sections, apply to this Section. D. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.3 SUBMITTALS: A. Submit complete information including manufacturer, material, and finish on each type of raceway and supports to be installed. 1.4 QUALITY ASSURANCE: A. Each raceway shall bear the UL Label where UL Standards have been established for the type of raceway being provided. B. Each raceway shall be suitably protective coated for the installation and each portion of the protective coating that is damaged during receiving, handling and installation shall be refinished equal to factory protection. Raceways Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260110-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS PART 2 PRODUCTS 2.1 MATERIALS: A. Raceways include conduits, ducts, wireways, gutters, boxes, fittings, and similar items as indicated in other sections of the work. B. Raceways fabricated for special pull boxes, junction boxes, gutters, and similar connections shall be code -gauge steel fully rust inhibited, and finish painted to match adjacent switch -gear. Interiors shall be accessible through screw covers. Supports and interior protection shall be provided for conductors. 2.2 SLEEVES: A. Sleeves shall be galvanized steel, formed to meet the size and shape of the raceway to pass through the sleeve. B. Sleeves for conduits through exterior walls shall be galvanized steel, Schedule 40 pipe or conduit. C. Sleeves for conduits through interior walls that are not subject to moisture may be non-metallic conduit. D. Sleeves through waterproof walls, floors and roofs shall be provided with water -stop flanges at the point of waterproofing membrane. E. Sleeves through waterproof floors shall be as specified for exterior walls below grade except that the collar shall be located at the level of the waterproofing membrane. F. Sleeves through the roof shall be as specified for waterproof floors plus a galvanized iron pitch pan around the sleeve. G. Sleeves through fire -rated construction shall be non-combustible. 2.3 PITCH PANS: A. Pitch pans shall be galvanized steel pans of the shape of the raceway passing through the waterproofing membranes, of the size to provide 1" to 2" space between the outside of the raceway and the vertical side of the pan and of a depth to be set on the waterproofing membrane and extend 1" above the finished roof. 2.4 SMOKE AND FIRE STOP SEALANT: A. Smoke and fire stop sealant caulk shall be 3M Company Type or pre -approved equal. Larger openings shall be stuffed with 3M Company fire barrier composite in accordance with the manufacturer's directions. Silicone foam penetration sealant shall be as approved for the installation. Raceways Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260110-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS PART 3 EXECUTION 3.1 INSTALLATION: A. Each raceway shall be suitably supported from, installed, and aligned with the main structural components of the building. B. Raceways shall be installed to avoid interference with work of other trades. 3.2 PROTECTION AND CLEANING: A. Raceways will be cleaned both internally and externally of all dirt, debris, and other foreign materials. Raceways in areas to be finish -painted shall be cleaned properly prior to the painting. Raceways not indicated to be finished painted on the job shall be protected from foreign objects and materials during construction and cleaned and touch-up coated before completion of the work. 3.3 SLEEVES AND OPENINGS: A. Furnish and install sleeves in forms of walls, floor slabs, partitions, and beams for the passage of raceways. Sleeves shall be securely fastened in position and trimmed to be flush with construction. B. Conduits in above grade outside walls shall be installed in the center of sleeves and the annular space filled with Oakum and sealed with asphalt. Sleeves through interior walls shall be filled with wall sealing material. Raceways passing through sleeves shall be fitted on each side of each interior wall with a round galvanized steel flange. Raceways that pass through waterproof walls shall be sealed to forbid water passing through the conduit. C. Route wireways, and/or groups of conduits which pass through floors or interior walls through blocked out openings. After installation of raceways, fill the entire blocked -out area with material compatible with the floor or wall penetrated before finishing treatment is applied. Where fire and/or smoke rated construction is penetrated, penetrations shall be sealed in accordance with sealant manufacturer's instructions. The completed installation shall maintain the fire -rating integrity of the construction. D. Furnish and install and coordinate with the Installer of the roof to provide pitch pans for all small raceways and curbed openings with flashing and counter flashing for large Division 26 Work passing through the roof. END OF SECTION Raceways Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260110-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 01 11 CONDUIT & FITTINGS PART 1 GENERAL 1.1 WORK INCLUDED: A. Furnishing and installing of complete systems of electrical conduits as a part of the raceway systems for installation of conductors for electrical systems. 1.2 REFERENCE DOCUMENTS: A. The Special Provisions for electrical work are hereby made a part of this section of the work. Refer to Section 26 00 10. B. See Section 26 01 90 for Supporting Devices. C. Drawings and general provisions of the Contract, including General Conditions and Division 01 Specification Sections, apply to this Section. D. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.3 SUBMITTALS: A. Submit complete manufacturers' specifications data on each type and manufacture of conduit and fitting proposed to be furnished and/or installed on the project. 1.4 QUALITY ASSURANCE: A. Conduits shall be in accord with ANSI Standard C 80. Each length of conduit shall bear the UL Label. PART 2 PRODUCTS 2.1 RIGID METALLIC CONDUITS AND FITTINGS: A. Rigid metallic conduit shall be standard hot -dipped galvanized mild rigid steel. Conduit shall have galvanized threads. Each length shall be provided with a coupling and ends without couplings shall be furnished protected with a suitable covering. All bends in conduit one and one -quarter inch (1-1/4") in size and larger shall be made with factory manufactured elbows. Rigid metallic conduit shall be equal to Republic Galvite Rigid Steel Conduit. B. Locknuts and bushing shall be galvanized steel or approved equal molded canvas bakelite bushings may be used for 2" trade size. Bakelite insulated, lined steel bushings may be used for conduits two and one-half inches (2-1/2") and larger. Conduit and Fittings 26 01 11 - 1 Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 2.2 ELECTRICAL METALLIC TUBING AND FITTINGS A. Electrical metallic tubing shall be standard galvanized. B. Couplings and connectors for EMT shall be steel compression type with steel gland nuts. Connectors shall be insulated throat type. Cast metal, set screw or indenter fittings are prohibited. 2.3 FLEXIBLE METAL CONDUIT AND FITTINGS: A. Flexible metal conduit shall be spirally wound galvanized steel. B. Terminators of flexible steel conduit shall be T & B or equal "Tite-Bite" insulated connectors and T & B or equal, "Tite-Bite" combination couplings. 2.4 LIQUIDTIGHT FLEXIBLE METALLIC CONDUIT AND FITTINGS: A. Liquid -tight flexible metal conduit shall be light grey color. B. Terminators shall be insulated throat screw -in ground cone connectors. 2.5 SPECIAL FITTINGS: A. Split couplings shall be O.Z. or equal, Manufacturing Company Type SP. B. Expansion joints shall be O.Z. or equal, Manufacturing Company Type AX expansion joints with Type AJ bonding jumpers. C. Pull rope shall be 3/16" polyester stranded JET LINE rope. 2.6 RIGID PVC CONDUITS AND FITTINGS: A. Codes and standards shall conform with U.L.-651 and NEMA TC-2 and shall be listed and labeled by the Underwriters Laboratories Inc. B. PVC conduit and fittings shall be Schedule 40 unless marked Schedule 80, equal to Carlon systems. They shall be designed for use underground, shall be non-conductive and shall assure a safe system. Conduits and fittings shall be non -corrosive, impervious to most chemicals, provide lower expansion and contraction features, and shall be suitable for direct earth burial or encasement in concrete. C. PVC conduit and fittings shall be rated for 90-degree centigrade conductors or cable, and for use in direct sunlight. Conduit and Fittings Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260111-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 2.7 RIGID PVC FITTINGS: A. Codes applicable to PVC conduit shall also apply to PVC Fittings. 1. Expansion couplings equal to Carlon E945 or E955 as required. 2. Bell ends equal to Plus 80 or 40 plain bell for use with non-metallic solvent welds. 3. Standard couplings socket type for solvent cement attachment. 4. PVC rigid adaptors E942 or E943 threaded to metallic systems and socket attachment by solvent cement. PART 3 EXECUTION 3.1 MATERIAL SELECTION: A. Raceways shall be standard galvanized steel rigid metal conduit unless otherwise indicated. B. Electrical Metallic Tubing (EMT) may be used for raceways above furred ceilings, within dry wall partitions, exposed in rooms with exposed construction and in mechanical and electrical rooms for sizes of four inch (4") and smaller. C. Wiring connections to motors, transformers, or other devices which are subject to vibration or require adjustment shall be flexible metallic conduit. The flexible conduit shall be more than 12 diameters but less than 18 diameters in length. Where these connections are outdoors, or in damp locations, or are connections to any kitchen or laundry type equipment, liquid -tight flexible conduit shall be used. D. Wiring to each recessed lighting fixture shall be run in an independent length of flexible conduit extended from an accessible junction box located above the ceiling. The flexible conduit shall be of sufficient length to allow the connection point to the fixture to drop at least 12" below the finished ceiling and shall be at least 48"long but not more than 72" long. E. Recessed lighting fixtures which have UL approved prewired circuit junction boxes and fixture wire extensions may be used and wired directly to the branch circuit runs without the added flexible conduit connections. F. PVC Schedule 40 conduit shall be provided underground and under building supported by approved hangers. Conduit shall not be laid on top of the ground with no supports. G. Elbows shall be of the same materials as the conduit. Elbows in EMT and small rigid conduits may be job -fabricated with a bender made specifically for the purpose. Conduit and Fittings Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260111-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS H. Conduits shall be sized as indicated on the drawings and as required to accommodate the wires to be pulled into the conduit. Conduit shall not be less than three-quarters inch (3/4") in size except EMT for branch circuit runs may be one-half inch (1/2") and three -eighths inch (3/8") flexible metallic conduit may be used for individual connections to recessed lighting fixtures. 3.2 CONDUIT: A. Run conduits concealed from view in all areas except in electrical and mechanical equipment rooms. Run at levels and locations to avoid interference with the structure, finished ceilings, walls and all lines of other trades requiring grading of runs. Coordinate with other trades to allow available spaces to be used in the most efficient and workman like manner. In general, space and routing requirements of all other trades shall take precedence over the conduit installation. B. Route exposed conduits parallel with or at right angles to building walls and neatly rack. Carefully lay out conduit proposed to be run within the structure such as floors, beams, roof, or walls to avoid building up the density of conduits too excessive for the construction. Relocate conduits when excessive build-up occurs. C. Install conduits out of close proximity to any potentially hot device, any steam pipe, hot water pipe or other heating duct or appliance. Conduit shall not be run within three inches (3") of the exterior insulation of such device, pipe, or duct, except in crossing, and such crossing shall be at least one inch (1") from the cover of the device, pipe or duct crossed. D. Place conduits through the roof or exterior walls in time to allow the trade to seal around the raceways as work is installed. Conduits through roof shall run through galvanized pitch pans. E. Cover each end of each conduit with an approved capped bushing as soon as the conduit is installed to prevent entry of foreign material. Conduits shall be dry and clean before wires are pulled. F. Locate junction boxes and raceways above accessible ceilings such as lay -in ceiling to provide adequate space for recessed fluorescent fixtures of the type specified elsewhere to be installed, in any place in the ceiling without relocating the installed raceways, boxes or supports now or in the future. G. Arrange conduit runs within building interiors to be no longer than 80 feet between pull or junction boxes, cabinets, or circuit interrupting device enclosures unless there is no direction change and only a straight -in -line pull of wire is involved. In such straight -in -line runs between boxes, cabinets, or devices, runs not exceeding 100 feet in length may be made. Conduit and Fittings Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260111-4 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS H. Non -Metallic conduit installed outdoors under concrete slabs or walkways shall have 24 inches cover and may be in contact with the earth. Conduit service laterals installed under driveways, or roadways shall be encased in reinforced concrete. Support runs on PVC spacers 5'- 0" center -to -center and encase in reinforced concrete duct banks. Reinforcing shall be #4 deformed longitudinal bars, one each corner, with #3 stirrups tied at 1'- 0" reinforcing concrete shall cover bar minimum 2 inches around each corner face. Non-metallic conduit installed indoors under slabs shall have 12 inches cover. Non -Metallic conduit installed in crawl spaces shall be supported by approved hangers. 3.3 FITTINGS: A. Install double locknuts and a bushing at each rigid conduit termination except for terminations into threaded hubs. B. Wherever standard threaded couplings cannot be used, split couplings may be used. C. Provide expansion joints in conduits at all building expansion joints and wherever else the length of run requires. D. Provide expansion joints on all underground conduit where it rises above grade. Expansion joint shall be same material as underground conduit. E. Coat all threaded connections subject to moisture or underground with cold galvanizing before making connection up. 3.4 PULL ROPE: A. Install a pull rope with each end properly marked for use and termination of the other end in each conduit installed and in which no conductors are installed under this Division of Work. END OF SECTION Conduit and Fittings Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260111-5 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 01 13 CABLE TRAYS PART 1 GENERAL 1.1 WORK INCLUDED: A. Furnish and install complete system of electrical cable tray as a part of the raceway systems for support of conductors for power, telcom, fire alarm, and other electrical cables. 1.2 REFERENCE DOCUMENTS: A. The Special Provisions for electrical work are hereby made a part of this section of the work. Refer to section 26 00 10. B. Drawings and general provisions of the Contract, including General Conditions and Division 01 Specification Sections, apply to this Section. C. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.3 SUBMITTALS: A. Submit complete manufacturer's specification data on tray sections, fittings, offsets, elbows, tees, etc. to be furnished. B. Submit manufacturers layout drawing plan incorporating the tray within the project including spacing of supports and loading data. 1.4 QUALITY ASSURANCE: A. Cable Trays shall be in accordance with NEMA Standards Publication VE-1 and shall bear the label of the Underwriters Laboratories', Inc. Cable Trays shall be UL classified as equipment grounding conductors. B. Each tray length, fitting, offset, etc., shall be UL classified. PART 2 PRODUCTS 2.1 CABLE TRAY AND FITTINGS: A. Straight sections and fittings, side rails and bottom members shall be extruded from Aluminum. Unless noted otherwise in the drawings, tray shall be ladder type consisting of two (2) longitudinal members (side rails) with bottom members (rungs) welded to the side rails. Radius fittings shall be measured at the center of the tray's width. Cable Trays Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260113-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS B. Bottom shall be 6 inch continuous rung spacing, unless specified otherwise on drawings, and shall have a minimum cable bearing surface of 1 inch (1") with radius edges. No portion of the Rung shall protrude below the bottom plane of the side rails. C. Trays shall have an overall nominal depth of four 4 inches, unless specified otherwise on the drawings, with a minimum usable loading depth of three (3) inches. D. Straight Sections side rails shall be 1-beam, supplied in lengths of twelve (12) and twenty-four (24) feet. Width shall be twenty-four (24) inches, unless specified otherwise on drawings. E. Fitting radius shall be twenty-four (24) inches. Side rails of straight sections and fittings shall be compatible so that standard splice plates can be used to join straight sections and fittings. Fittings shall have minimum three (3) inch tangents beyond the curved section to accommodate the standard splice plates. F. Splice plates shall be of the bolted type using either square neck or ribbed neck carriage bolts and serrated flange lock nuts. The resistance of fixed splice connections between an adjacent section of tray shall not exceed 0.00033 OHMS. G. The cable tray shall be designed so that a splice plate located anywhere along the span shall not decrease the strength of the cable tray system. H. Splice plates shall be furnished with straight sections and fittings and shall be included in unit prices. 2.2 LOADING CAPACITIES: A. Cable tray shall be capable of carrying a uniform distributed load of 125 lbs. per lineal foot with a safety of 1.5, when supported as simple span and tested per NEMA VE1- 4.01. B. In addition to the uniformly distributed load, the cable tray shall support 200 lbs. concentrated load at midpoint of span without permanent distortion to the cable tray. Load and safety factors shall be applicable to both side rails and rung capacities. Cable tray deflection shall be limited to 0.48 inches. 2.3 MATERIALS: A. Specified tray and accessories are as manufactured by Cooper B-Line Systems, Inc. Equal tray as manufactured by Chalfonte, Cope or Square D Company are acceptable substitutes. B. Cooper B-Line catalog numbers for the 24"x4" tray are as follow: 1. Straight Sections 24A06-24-144 or 24A06-24-240 2. Tees 24A06-24-HT24 3. Horizontal Bends 24A06-24-90HB24 4. Support Fitting 24A06-24-CSF24 Cable Trays Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260113-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 5. Splice Plates 24A06-1004 6. Conduit Straps Series 9SS4 7. Conduit -To -Tray Adaptor Series 92N-1158 8. Trapeze Hanger B22-32 Channel 9. Hold -Down Clamps 92N-1202 10. Threaded Rod ATR-1/2 as Req'd. Provide part numbers as required if the drawings specify a tray of other size. PART 3 EXECUTION 3.1 INSTALLATION A. Tray shall be supported with bottom of tray 8" above ceiling unless shown otherwise. B. Where tray is shown to be exposed within the using spaces, install tray at levels and locations to avoid interference with the structure, finished ceilings, walls, and existing lines or ducts. Coordinate tray installation with the owner's representative and the architect to allow available spaces to be used in the most efficient and workmanlike manner. C. Route tray parallel with or at right angles to building walls. Install tray out of close proximity to any potentially hot device, steam pipe, hot water pipe, or other heating device. Tray shall not be run within three (3) inches of the exterior insulation of such pipe, device, or duct. D. Where tray crosses building expansion joints furnish and install Cooper Industries 24A06-1014 expansion plates and 9A-1600 laminated bonding jumper. END OF SECTION Cable Trays Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260113-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 0120 WIRE AND CABLE - 600 VOLTS AND UNDER PART 1 GENERAL 1.1 WORK INCLUDED: A. Furnish and install electrical wires and cables for the distribution of electric power, controls, grounding, and signals for the electrical systems. 1.2 REFERENCE DOCUMENTS: A. The Special Provisions for Electrical Work are hereby made a part of this section of the work. Refer to Section 26 00 10. 1.3 SUBMITTALS: A. Submit complete manufacturers' specification data on each type of conductor to be supplied to the job. B. Include proposed colors, color markings and other identification as a part of the submittal. 1.4 QUALITY ASSURANCE: A. Electrical conductors shall be UL listed and bear the UL label. PART 2 PRODUCTS 2.1 CONDUCTORS: A. Wires and cables shall have conductors of soft -drawn annealed copper having a conductivity of not less than 98% of that of pure copper. B. Where not specifically indicated otherwise, wire and cable insulation type shall be as follows: 1. For general use - Type THHN or THWN, 600 volt. 2. For branch circuits of No. 12 and No. 10 AWG - Type THHN, 600 volt. 3. For control wiring - Type THHN 600 volts, No. 14 AWG minimum size. 4. Wiring run underground - Type THHN/THWN, or XHHW 600 Volt. 5. For fixture wiring - Type AF, 300 volts, No. 14 AWG minimum size. Wire and Cable - 600 Volts and Under Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260120-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 6. For branch circuit wiring run in fluorescent fixture channels - Type THHN, 600 volts, No. 12 AWG minimum size. 7. See other sections of work for alarm communications and other low -energy systems wiring. 8. All communication, and low voltage control wire run in plenum above ceilings and not protected by conduit shall be Teflon coated plenum cable as required by code. 9. Service and/or feeder wiring to panelboards may be XHHW at the Contractors option. C. Wire shall be solid for No. 10 and smaller and stranded for No. 8 AWG and larger unless indicated otherwise on the drawings. D. All wire and cable shall be factory -color coded. Colors for each phase and neutral shall be used consistently throughout each system. The following color codes shall be used and maintained throughout the system: 120/208V, 277/480V, OR 120/240V SYSTEMS Phase A Black Orange Phase B Red Brown Phase C Blue Purple Neutral White Gray Ground Green Green Isolated Ground Green w/ Tracer Green with Tracer Switch Legs Yellow On wires No. 6 and larger and where factory color is not available, wires and cables shall be color -coded by a one inch (1") wide band of colored Scotch tape on ends of each conductor, or by coating a 3" band at the end of the cable and in each pull box with brilliant waterproof lacquer. Wire and Cable - 600 Volts and Under Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260120-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 2.2 TERMINATIONS, SPLICES AND TAPS: A. Cable terminations, splices and taps for copper conductors shall be: 1. For Terminations - O. Z. Manufacturing Company or equal, Type XLH. 2. Splices and Taps - O. Z. Manufacturing Company or equal, clamp -type solderless connectors except splices and taps for No. 8 AWG and smaller conductors may be Scotchlock Spring Connectors, Buchanan "B" cap, Ideal Wing Nuts or T & B "Piggy" connectors. 2.3 SUPPORTS: A. Supports for wiring in cabinets, panels, pull boxes, wireway and junction boxes shall be cable clamps and cable ties. B. Supports in vertical feeders shall be two-piece conduit type. PART 3 EXECUTION 3.1 CONDUCTOR SELECTION: A. The minimum size of wire shall be No. 12 AWG except as noted otherwise in the Drawings or specified herein. All branch circuit home runs over 100 feet from panel, measured along the length of the raceway, shall be wired with No. 10 AWG minimum. B. The Drawings and Schedules generally indicate the number of wires in a conduit. Provide the proper number of wires in each conduit to complete the entire electrical system. 3.2 INSTALLATION: A. Route each conductor through an approved Electrical Raceway. Pull conductors into conduit only after all conduits and outlet boxes are permanently in place. Pull wires or strings shall be inserted only after the raceway installation is complete. B. Run feeders and mains continuously without splice from line to load terminals and identify phases in each pull box and in the gutters of each switchboard and panelboard in which they connect. Splices in feeders may be made only where designated on the Drawings or where specific prior approval is given. C. Neatly train, control and circuit wiring in cabinets, panels, pull boxes, wireways, and junction boxes and tie with T & B Ty -Rap nylon cable ties. Clamp or fasten control or circuit cabling in cabinets or other equipment with non-metallic nylon T & T Ty -Rap cable clamps and mounting brackets. Wire and Cable - 600 Volts and Under Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260120-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS D. Install cable supports per N.E.C. in all vertical feeders and in boxes provided for the feeders where not terminated in electrical panels or equipment within code distances. Supports shall be of the two-piece conduit type, which clamp each individual conductor firmly and tightens due to weight of cable. 3.3 TERMINATIONS, SPLICES AND TAPS: A. Connections of conductors to terminals shall be made by pressure connections. Solder joints will be permitted only for low voltage controls. Joints and splices shall be made with clamp type solderless connectors and insulated with rubber and friction tape or Scotch No. 33 plastic tape. Spring connectors may be used for splicing No. 8 AWG or smaller conductors. 3.4 SUPPORTS: A. Install supports to hold conductors in place in each panelboard, cabinet, pull box, junction box and wire -way. B. Install cable supports in vertical runs of conductors in cabinets and pull boxes. END OF SECTION Wire and Cable - 600 Volts and Under Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260120-4 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 0131 JUNCTION AND PULL BOXES PART 1 GENERAL 1.1 WORK INCLUDED: A. Furnish and install junction and pull boxes where indicated or where necessary for installation of the wiring systems. B. Secure prior approval of the Architects for locations of all boxes not specifically located on the drawings. 1.2 REFERENCE DOCUMENTS: A. The Special Provisions for Electrical Work are hereby made a part of this Section of the Work. Refer to Section 26 00 10. B. See Section 26 01 90 for Supporting Devices. C. Drawings and general provisions of the Contract, including General Conditions and Division 01 Specification Sections, apply to this Section. D. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.3 SUBMITTALS: A. Shop Drawings shall be submitted on each specifically fabricated junction or pull box. PART 2 PRODUCTS 2.1 MATERIALS: A. Junction and pull boxes shall be flush or surface type as indicated on the drawings or as required to fit into the building construction. Junction and pull boxes shall have screw covers. Small junction boxes,100 cubic inches and smaller, for control or branch circuit wiring, shall be as specified for outlet boxes and with blank covers. B. Junction and pull boxes installed in walls and ceiling spaces shall be code -gauge galvanized steel with galvanized steel covers. C. Junction and pull boxes installed in floors shall be galvanized malleable cast iron with gasketed covers. Junction and Pull Boxes Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260131-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS D. Junction and pull boxes installed outdoors shall be weatherproof with watertight gasketed covers fastened with corrosion resistant screws. E. Except as otherwise indicated, boxes shall be not less than code requirements. PART 3 EXECUTION 3.1 INSTALLATION: A. Install junction and pull boxes in a neat workmanlike manner and support in accord with the provisions set forth elsewhere for panelboards and for hangers and supports. B. Arrange for raceways to enter boxes only in places specifically planned for raceways in the sizing and construction of the cabinets. C. Provide auxiliary conductor supports in large boxes per N.E.C. 370-18 where conductors must be supported. 3.2 LABELING: A. Conductors passing through the boxes shall be marked as to phase. END OF SECTION Junction and Pull Boxes Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260131-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 0134 OUTLET BOXES PART 1 GENERAL 1.1 WORK INCLUDED: A. Furnish and install suitable outlet boxes for lighting fixtures, devices, empty raceway devices, small junction boxes, and other locations as required by the installation. 1.2 REFERENCE DOCUMENTS: A. The Special Provisions for Electrical Work are hereby made a part of this section of the work. Refer to Section 26 00 10. Drawings and general provisions of the Contract, including General Conditions and Division 01 Specification Sections, apply to this Section. B. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.3 SUBMITTALS: A. Submit Manufacturers' specification data on each type of box and trim to be furnished to the job. PART 2 PRODUCTS 2.1 MATERIALS: A. Outlet boxes except where otherwise specifically indicated or required, shall be of one-piece or welded assembly construction. Outlet boxes shall be with covers of the same manufacture as the box and selected to meet the conditions of the installation. B. Outlet boxes shall be equal to the following Appleton types, unless noted otherwise. Where more conduits enter the boxes, structural conditions interfere, or wiring requires more space, larger boxes of similar construction shall be used. Multi -gang boxes for switches of different voltages shall be provided with interior barriers. 1. In dry walls for single and two -gang outlets, Type 45 and 4SD with No. 846 and 847 covers not more than 1" high and boxes specified for masonry for 3 or more gangs. Where boxes serve one wiring device a single gang handy box may be used. 2. In concrete block or similar masonry walls, No. M1-250, M2-250 or M3-250 for 1, 2 and 3 gang outlets in 4" thick walls, No. M1-350 for 1, 2 and 3 gang outlets in thicker walls and the same series for more gangs in common boxes in similar Outlet Boxes Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260134-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS walls. 3. In poured concrete, plaster and similar masonry walls, No. 45 and 4SD boxes with No. 846 covers for single gang outlets, No. 2G-5075 boxes with No. 2GC-75 covers for 2 gang outlets and corresponding G-5075 boxes and G C-75 covers for 3, 4, 5 and 6 gang outlets. Covers shall be maximum of 1" high. 4. In concrete ceilings, Type 0 C R boxes and 0 C P covers. 5. In other ceilings, Type 4/0 and 4/0D boxes. Outlet boxes for surface or pendant lighting fixtures shall have 3/8" fixture studs. 6. In poured concrete floors, individual floor boxes shall be watertight, fully adjustable with threaded conduit openings, Wiremold 880CS series, cast iron box with brass 828R plate for receptacle and 829STC plate for Telcom outlets, brass carpet or tile flange as required by Architectural. Provide multiple gang boxes with multiple 1" conduit openings as required by drawings. 7. Combination floor boxes shall be cast iron floor box with two NEMA 5-20R normal ground ivory receptacle and 1" PVC conduit, two communication brackets with four RJ opening knockouts and 1 1/4" PVC conduits each, and access plate with flooring insert areas. Provide flanged plate with carpet inserts for carpeted floor areas and flangeless plates with ceramic tile inserts for ceramic tile areas. Wiremold RFB4-CI-1/CIHT-D/CIHT-D/CILT-4TKO/CILT-4TKO/S36CCTCAL (Aluminum Flanged Plate For Carpet) Wiremold RFB4-CI-1/CIHT-D/CIHT-D/CILT-4TKO/CILT- 4TKO/S37CCTCAL (Aluminum Flangeless Plate for Ceramic Tile) Refer to Architectural for exact location. 8. Combination boxes with Isolated Ground receptacle shall be cast iron floor box with one NEMA 5-20R normal ground ivory receptacle and 1" PVC conduit, one NEMA 5-20RIG isolated ground orange receptacle and 1" PVC conduit, two communication brackets with four RJ opening knockouts and 1 %" PVC conduits each, and access plate with flooring insert areas. Provide flanged plate with carpet inserts for carpeted floor areas and flangeless plates with ceramic tile inserts for ceramic tile areas. Wiremold RFB4-CI-1/CIHT-D/CIHT-D/CILT-4TKO/CILT- 4TKO/S36CCTCAL (Aluminum Flanged Plate for Carpet) Wiremold RFB4-CI-1/CIHT-D/CIHT-D/CILT-4TKO/CILT- 4TKO/S37CCTCAL (Aluminum Flangeless Plate for Ceramic Tile) Outlet Boxes Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260134-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Refer to Architectural for exact location. C. Exposed outlet boxes mounted in protected areas shall be solid gang switch boxes with flat covers. Boxes shall be of size and number or gang for device requirements except no box shall be smaller than 4" square. D. Outlet boxes exposed on exteriors of buildings, flush in non -waterproofed walls below grade or in wet locations shall be Type FS or FD threaded outlet cast boxes with suitable gasketed cast covers. E. Small junction boxes shall be the same as device boxes except shall be provided with blank plates. PART 3 EXECUTION 3.1 MATERIAL SELECTION: A. Outlet boxes shall be of the standard stamped galvanized steel type except for exterior use where they shall be hot -dipped galvanized cast iron with gaskets. Boxes shall be of the proper size to accommodate the wiring and device for which they are provided. B. Ceiling outlet boxes shall generally be four inches (4") octagon, and wall outlet boxes shall switch boxes or be 4" square with covers to suit device to be mounted thereon, except that in masonry walls without applied finish, boxes shall be rectangular masonry boxes. C. Through -the -wall type boxes shall not be used. Outlet Boxes Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260134-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3.2 INSTALLATION: A. Install and leave boxes in a neat, clean and workman like manner. Set plaster covers to within 1/8" of the finished surface. B. Determine exact locations of all outlets from the Architectural Scale Drawings or at the site by the Owner. Modify outlet locations from those shown in the Drawings to accommodate door swings or to fit other construction details without cost to the Owner. Set wall boxes in advance of wall construction and move where required for any outlets which are displaced during the operation of other trades without expense to the Owner. Boxes on opposite sides of a wall shall be spaced 12", except that light switch wall boxes on opposite sides of a wall shall be spaced 3". C. Unless noted otherwise on the Drawings, indicated on Architect's Drawings, or directed by the Architect at time of installation, place outlet boxes at the locations scaled from the floor plans and at the following heights to the center of box above the finished floor level: 1. Wall Switches: 48" and immediately adjacent to strike side of door. 2. Convenience Receptacles: 18" vertically oriented. Horizontally oriented and 6" above backsplash or trim when indicated above counters. 3. Telephone and Data Outlets: Unless indicated otherwise 18" vertically oriented on walls and 42" vertically oriented for wall phones. Horizontally oriented and 6" above backsplash or trim when indicated above counters. 4. Wall Bracket Light Fixture Outlets: Coordinate with Architectural Drawings. 5. Wall light fixtures in corridors: Located so that light fixture projection is above TAS/ADA 80" limit. D. Each recessed lighting fixture shall be independently connected from an above ceiling junction box which is readily accessible. END OF SECTION Outlet Boxes Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260134-4 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 0140 WIRING DEVICES PART 1 GENERAL 1.1 WORK INCLUDED: A. Furnish and install wiring devices and cover plates of the type and kind as hereinafter indicated on the drawings. 1.2 REFERENCE DOCUMENTS: A. The Special Provisions for Electrical Work are hereby made a part of this section of the work. Refer to Section 26 00 10. Drawings and general provisions of the Contract, including General Conditions and Division 01 Specification Sections, apply to this Section. B. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.3 SUBMITTALS: A. Submit complete manufacturer's specification data on each wiring device proposed to be furnished to the job. 1.4 QUALITY ASSURANCE: A. Each wiring device shall be of design, type and configuration established by NEMA Standards for the application used. PART 2 PRODUCTS 2.1 MATERIALS: A. Devices shall be Specification grade, UL and CSA certified, listed NEMA Standard, and suitable for the service required in the intended use of the device in this installation. B. Where devices manufactured by Arrow Hart, Bryant, Hubbell, P & S, Leviton, or Sierra are named, only equivalent devices by the other of these manufacturers will be acceptable. Unless otherwise indicated, devices shall be as follows: 1. Wall Switches: 20 amperes, 120/277 volt AC. 2. Occupancy Sensor Switches: Dual Ultrasonic/PIR with On/Off switch. 3. Pilot Lighted Switches: 20 Ampere, 120/277 Volt AC, with red handle (glow when "on"). Wiring Devices Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260140-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 4. Convenience Outlets: Duplex receptacles 20 Ampere, 125 Volts side and back wired with a pair of NEMA 5-20R Standard 3 contact grounded parallel slot contacts. 5. Convenience outlets designated as suspended from ceiling outlet boxes on flexible rubber cord: wire mesh holding grips sized to the cable with NEMA L5- 20-C Locking connectors. 6. Isolated Ground receptacles "Orange" Duplex NEMA 5-20R. 3 contact Grounded parallel slot contacts. Provide matching "Orange" cover plate labeled "Isolated Ground". 7. Ground Fault Circuit Interrupter Convenience Outlets: side wired 120 Volt with appropriate wall plate. 8. Weatherproof convenience outlets: WP cover, stainless steel hinge pins, springs, and screws with code compliant cast aluminum gasketed cover. 9. Special equipment outlets shall be furnished and installed to match the connecting plugs as provided by the Owner for Owner -furnished equipment. 10. Special 20 Ampere, 250 Volt outlets: NEMA 6-20R. 11. Manual Motor Starters Square D Class 2510 with overload heater sized to the motor nameplate rating. 12. Photocopy Machine: NEMA 5-20R, 3 contact grounded parallel slot contact, with appropriate cover plate. 13. Other receptacles: Other receptacles shall be of type and characteristics and NEMA configuration to provide service as indicated on the drawings. 14. Receptacles and switches shall be Ivory unless designated by Architect. 15. Receptacles and switches designated as "Emergency" or fed by circuits from an "Emergency" panel shall be red with red plates and circuit label. C. Cover plates 1. General: Opening in Plates shall properly fit the wiring Devices associated with the outlets. Plates shall overlap outlet box edges for installation over finished room surfaces and shall be the non -over hanging type to fit conduit boxes used with exposed conduit runs. All plates in finished rooms shall be as indicated below with matching screws, unless designated by architect. 2. Telephone outlet: Smooth ivory nylon cover plate with telephone and data jacks. Wiring Devices Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260140-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3. Future or abandoned outlet: Smooth ivory nylon cover plates with matching screws. 4. Offices and Finished spaces: Smooth ivory nylon cover plates with matching screws. 5. Surface outlets in mechanical spaces: Standard steel device covers. 6. Outlets Installed in backsplashes and/or counter height: Smooth ivory nylon. 7. Outlets installed in wet areas and all food preparation areas and food service counters: 302 Stainless steel. PART 3 EXECUTION 3.1 INSTALLATION: A. Each device shall be suitable for the type of service for which it is installed. Device shall be of NEMA configuration and of Specification Grade and/or Hospital Grade for those services to which the device is installed where those standards are established. Devices indicated adjacent to each other shall be in the same box and set under a common plate. Suitable barriers shall be provided in the box for separation of each device from adjacent devices where required by code. B. Install suitable cover plates on all wiring devices. C. Device colors shall be Ivory unless selected and installed to match the decor of the occupancy and other standard colors as set forth elsewhere in these contract documents or as selected by the Architect. Other colors shall be provided when so directed by the Architect. D. Wire all devices with proper polarity and suitably grounded. Provide green head grounds screw and 6-inch pigtail in every box. END OF SECTION Wiring Devices Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260140-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 0170 DISCONNECT SWITCHES PART 1 GENERAL 1.1. WORK INCLUDED: A. Furnish and install a suitable disconnect switch where indicated on the Drawings, or where required by the Specifications or the Code. 1.2. REFERENCE DOCUMENTS: A. The Special Provisions for Electrical Work are hereby made a part of this section of the work. Refer to Section 26 00 10. B. Drawings and general provisions of the Contract, including General Conditions and Division 01 Specification Sections, apply to this Section. C. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.3. SUBMITTALS: A. Submit complete manufacturer's specification on each disconnect proposed to be furnished to the job. PART 2 PRODUCTS 2.1. MATERIALS: A. Disconnect switches serving motor loads shall be properly NEMA rated for these motors. Disconnects shall be environmentally rated for the area where located with NEMA rain -tight construction for units located outdoors. B. Disconnects shall be Square D Company NEMA Type HD, quick -make, quick -break. Disconnects shall be fused type where so indicated. C. Where shown on the Plans, Furnish and Install Class "R" rejection type Fuse clips within the Designated Device. D. Disconnect switches shall conform to U.L. 98-1981 and shall be so labeled. E. Equipment as manufactured by GE, Eaton or Siemens are acceptable. Disconnect Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260170-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS PART 3 EXECUTION 3.1. INSTALLATION: A. Install disconnects for motors, controllers, transformers, electric heaters, and all other devices where so indicated, specified, or required by code where manual operating branch circuit protection devices are not within sight and within 50 feet of the device. B. Mount disconnects with the top at 80 inches maximum on walls, columns or free- standing rigid steel frames unless otherwise indicated to be mounted on the equipment. C. Where equipment is furnished to the job with a suitable disconnect as a part of the equipment an additional disconnect will not be required to be added to the equipment. D. Provide proper selection and sized fuses where disconnects are indicated to be fused. END OF SECTION Disconnect Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260170-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 0190 SUPPORTING DEVICES PART 1 GENERAL 1.1. WORK INCLUDED: A. Furnish and install all necessary hangers, supports, bases and connections for properly installing all electrical equipment and materials. 1.2. REFERENCE DOCUMENTS: A. The Special Provisions for Electrical Work are hereby made a part of this Section of the work. Refer to Section 26 00 10. B. Drawings and general provisions of the Contract, including General Conditions and Division 01 Specification Sections, apply to this Section. C. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.3. SUBSTITUTIONS: A. Submit complete information including manufacturer, material, and finish on each type of raceway and supports to be installed. 1.4. SUBMITTALS: A. Product Data: Provide manufacturers' catalog data including load capacity. B. Design Data: Indicate load carrying capacity of trapeze, multiple pipe, and riser support hangers. C. Manufacturer Installation Instructions: Indicate special procedures and assembly of components. PART 2 PRODUCTS 2.1. MATERIALS: A. Provide hot -dipped galvanized malleable iron one -hole pipe straps, beam clamps, or hang -on -steel rod hangers for single runs of conduit to be fastened to the structure. Rod hangers shall be selected for weight supported but shall not be smaller than No. 8. Supporting Devices Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260190-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS B. Rod hangers and adjustable "J" pipe hangers shall be equal to Kindorf Type C-149 for conduits. Conduits two inches (2") and smaller may be fastened with pipe hangers equal to Kindorf Type 6H. C. Caddy spring steel clamps and hangers and steel one -hole snap straps may be used in lieu of above to fasten single runs of conduit up to one inch (1") size to steel structures and support rods where this conduit is run within the ceiling space. D. Continuous channel inserts or trapeze hangers made of galvanized steel strut channel and fastened with bolt channel pipe straps shall be provided to support multiple runs of conduit and other raceways. E. Galvanized U-bolts or Kindorf C-210 riser pipe clamps on channel iron bearing plates at intervals of at least one clamp per joint shall be provided for support of vertical runs of conduits of more than twelve feet (12'). F. Suitable galvanized angle iron or framing channel supports shall be used to support all panelboards, cabinets, junction and pull boxes where indicated as not mounted to the building structure. G. Exterior equipment racks shall be constructed of double Unistrut frame bolted to 4" galvanized steel pipe columns with welded cap, set in 12"x36" concrete footings. Footing shall be 12" AFG, with beveled corner and trowel finish. PART 3 PRODUCTS 3.1. INSTALLATION: A. Securely fasten and support conduits and raceways of all types and all electrical boxes, devices, and equipment from the main building structure except as specifically indicated otherwise. Support conduits within three feet (3') of each end of each bend, of each termination and at intervals along the run that will maintain true raceway alignment, without sag or deformation either during pull -in of conductors or after conductors are in place. On exposed raceways, provide supports at per NEC and on each side of each bend. Vertical conduits shall be supported at not more than 10' on center in addition to the above. B. Maintain horizontal and vertical alignment of raceways so as not to adversely effect the building structure in strength or appearance. Cable, strap, wire hangers or fasteners shall not be used. C. Place conduits running exposed on and adjacent to walls after wall surface is installed and on spacers to allow wall to be painted after conduit is installed. Supporting Devices Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260190-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS D. Support cabinets and boxes to the floor and to the structure above independent of all raceways entering the boxes. Structural walls or columns may be used to support these cabinets or boxes only after specific approval is given. E. Fasten cabinets, boxes, panelboards, disconnects, motor controls and similar devices indicated other than at walls on channel iron racks mounted to floor and structure above. Three -fourths inch (3/4") thick plywood backboards painted to match the equipment finish may be used as a part of the rack. F. Support outlet boxes and junction boxes 100 cubic inches and smaller as specified for raceways. Locate outlet and junction boxes above accessible ceilings so they will not interfere with the installation of a lay -in type lighting fixture in any space in the ceiling. G. Rust inhibit all supports by galvanizing or other approved means. Supports shall be job rust inhibited at all cuts, breaks, welds, or other points where rust inhibitor coating is broken. END OF SECTION Supporting Devices Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260190-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 0411 UNDERGROUND SERVICES PART 1 GENERAL 1.1. WORK INCLUDED A. Provide primary conduit and a transformer pad in compliance with standards as prescribed by the electrical power utility company and as shown on the drawings. B. Provide secondary conduit and wire from utility transformer to the building as shown on drawings. C. Provide grounding, bollards, ground rods, etc. as prescribed by Power Company Standards, as shown on accompanying drawings, and as required for compliance with Article 250 National Electric Code. D. Provide a complete system of conduits for telephone service as shown in the drawings. Provide service cable as shown in the drawings. 1.2. REFERENCE DOCUMENTS A. The Special Provisions for Electrical Work are hereby made a part of this section of the work. Refer to Section 26 00 10. B. Specification Section 26 01 11 and Section 26 01 20 are hereby made a part of this Section of work. C. Drawings and general provisions of the Contract, including General Conditions and Division 01 Specification Sections, apply to this Section. D. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.3. SUBMITTALS A. Submit as -built record drawings locating underground conduits by location and depth with reference to the building and the property lines. See Section 01 33 01 - Submittal Register. PART 2 UTILITY UNDERGROUND WORK 2.1. ELECTRICAL A. The Electrical Contractor shall obtain from the utility companies specific detailed instructions, sketches, drawings and documents illustrating Contractor responsibilities for the project. All required labor and material shall be provided by Contractor. Underground Service Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260411-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS B. All necessary excavation and backfill shall be provided. All such work shall be included regardless of the type of materials encountered in excavation. C. The power utility company shall make the final connection and termination to the transformer primary terminals and secondary terminals. D. Underground installation shall be in accordance with Article 300-5 National Electric Code. E. Not less than eight feet of coiled secondary conductors shall be furnished at the transformer bushing for termination by the Utility Company. The Electrical Contractor shall furnish the cable connectors for each conductor per Utility Company Standards. F. Termination of underground primary conduit with pull wire shall be 10-foot above finish grade at utility pole. G. Utility primary conduit shall be schedule 40 PVC conduit with long sweep elbows routed as shown in the drawings. H. Primary conduit shall be installed with not less than 48 inches of cover. No foreign lines may cross high voltage lines with less than 12 inches spacing. Other utilities running parallel to high voltage underground conduits shall maintain 5 foot spacing. Telephone conduit may be installed with 3-foot spacing to electrical conduit. The utility company will specify conduit stand-offs at utility poles and shall extend galvanized rigid steel conduit from the long sweep ells up the pole. 2.2. TELEPHONE A. Conduit shall be 4" schedule 40 PVC, with long sweep elbows unless shown otherwise on the drawings. B. Conduit shall be routed from Telephone Board to property line unless shown otherwise on drawings. PART 3 3.1. SERVICE LATERALS AND GENERAL UNDERGROUND WORK A. All necessary excavation and backfill shall be provided. All such work shall be included regardless of the type of materials encountered in excavation. B. All trenches shall be excavated to the required depths shown in the drawings. The depth of cover shall be as specified herein. Trenches shall be not less than 12" wider than the outside diameter of the raceways to be laid therein. The bottoms of the trenches shall be tamped hard and graded. Should rock be encountered, it shall be excavated to a depth of 6" below the bottom of the raceways and shall be backfilled to the proper grade with sand, thoroughly tamped. Raceways shall be installed on top of 6" Underground Service Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260411-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS compacted fill. After the raceways have been tested, inspected, and approved by the inspecting authorities, the trenches shall be backfilled. C. The trenches shall be carefully backfilled with sand to a depth of 6" above the top of the raceway, except service laterals from the transformer to the building shall be installed in accordance with paragraph F below. The next layer and subsequent layers of backfill may be excavated materials if of earth, loam, sand or gravel, free of large clods and with no rocks larger than 1-1/2" in diameter. Backfill shall be installed in layers 8" deep compacted to 90% Proctor before the second layer of earth is laid in place. Additional material required for backfilling shall be provided and all excess material and debris shall be removed from the site. All special backfill material shall be provided as hereinafter specified or shown on the drawings. D. All excavating and backfilling shall be done in a manner so as not to disturb adjacent structures and all shoring required shall be provided. E. Trenches for raceways inside the building shall be properly excavated, following in general the procedures set up for exterior raceways. Where floors are to be poured, trenches shall be backfilled, and compacted to the standards required for the foundation. Refer to the structural drawings for compaction. Where no flooring is to be installed, trenches shall be backfilled to form a level grade and compacted to 90% Proctor. F. Service laterals from the transformer to the building shall be installed with 36" of cover over a red concrete duct bank, with marker tape at 12" below grade. G. Telephone raceways shall be installed with not less than twenty-four inches (24") cover. Red concrete duct bank or cap shall be provided as shown on plans. H. Underground raceways shall be installed in a separate excavation from gas, sewer, and water lines. Power raceways may share the same trench as telcom raceways with twenty-four inch (24") separation between power and telcom. Schedule 40 PVC raceway is approved for underground services except as otherwise noted on the plans. Reinforced concrete encasement shall be provided where raceways cross under public roadways and as shown on plans. J. Conductors for power shall run continuously without weld, splice, or joint from the utility transformer secondary bushings to the building as shown in the drawings. Underground Service Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260411-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3.2. INSPECTION AND TEST A. Prior to backfilling operations, the underground installation shall be inspected and approved by the local inspection authority and by the utility companies affected. B. Electrical Contractor shall secure a certificate of satisfactory acceptance from the utility companies. END OF SECTION Underground Service Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260411-4 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 04 50 GROUNDING PART 1 GENERAL 1.1 WORK INCLUDED: A. Furnish and install proper grounding systems for the entire electrical installation. 1.2 REFERENCE DOCUMENTS: A. The Special Provisions for Electrical Work are hereby made a part of this section of the work. Refer to Section 26 00 10. B. Drawings and general provisions of the Contract, including General Conditions and Division 01 Specification Sections, apply to this Section. C. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.3 REQUIREMENTS OF REGULATORY AGENCIES: A. Special attention is directed to Article 250 and Article 517 National Electrical Code (NFPA-70) for sizing and connecting of the grounding systems; and to the requirements of the local inspection authority. PART 2 PRODUCTS 2.1 MATERIALS: A. Grounding conductors shall be green colored insulated annealed copper sized, unless specifically indicated otherwise, with an ampacity of at least 50 percent of the feeder supplying the equipment to be grounded and no ground wire shall be smaller than No. 6 except, where the feeder supplying the equipment is smaller than No.6, the grounding conductor in that case shall be the same size as the feeder conductor. Isolated ground conductors shall be green with white or yellow tracer. B. System Ground connections shall be Burndy Type GAR or equal. C. Cable connections shall be solderless, bolted pressure connectors. D. A grounding conductor shall be installed in every conduit. All conduit, boxes, fixtures, etc. shall be bonded to the common grounding bus. At boxes provide Appleton or equal, green head, grounding screws. All fluorescent fixture ballast housings shall be securely bonded to the ground system. Grounding Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260450-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS PART 3 EXECUTION 3.1 INSTALLATION: A. The common Ground Bus is defined as the main Ground Bus located within the Building Service Entrance Main. This shall be the common Ground point for all ground connections. Stray grounds to the Building frame and/or structural members will not be permitted. A separate color -coded insulated grounding conductor shall be run in each and every Raceway as noted on the accompanying drawings and shown in the panel Schedules. The Grounding conductor shall be of the same insulation as the circuit conductors sized in accordance with Article 250 NEC and as illustrated on the drawings. B. In the Lighting System, BX pigtails or Aluminum grounds will not be permitted. All such six-foot fixture pigtails shall be installed in flexible Steel conduit "Greenfield" utilizing green coded copper grounding conductors. Fluorescent fixture ballasts shall be grounded by bonding jumper from the fixture frame to the ballast retaining bolt. C. Testing 1. At the completion of the Grounding System, Meggar test all grounding to the satisfaction of the Architect and Engineer. The Ground System shall Meggar 5 OHMS or less. END OF SECTION Grounding Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260450-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 04 71 PANELBOARDS PART 1 GENERAL: 1.1 WORK INCLUDED: A. Furnish and install panelboards and circuit breakers as indicated. 1.2 REFERENCE DOCUMENTS: A. The Special Provisions for electrical work are hereby made a part of this section of the work. Refer to Section 26 00 10. B. See Section 26 01 90 for Supporting Devices. C. Drawings and general provisions of the Contract, including General Conditions and Division 01 Specification Sections, apply to this Section. D. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.3 SUBMITTALS: A. Submit complete manufacturer's specification data on each type of panelboard and circuit breaker, including Manufacturer, trip and type, proposed to be furnished. B. Submit a complete description and listing of devices proposed for each existing panelboard. C. See Section 01 30 01 - Submittal Register 1.4 QUALITY ASSURANCE: A. Circuit breakers shall be listed by Underwriter's Laboratories, Inc., UL-50-1974 UL-67- 1979, for the service to be performed and shall bear the UL label. B. Panelboards shall be constructed in accordance with the applicable NEMA PB1-1977 Standards for panelboard construction. PART 2 PRODUCTS 2.1 DEVICES: A. Branch panelboards on 208/120V systems shall be Square D NQOB equipped with Square D Type QOB bolt -on circuit breakers with a minimum interrupting capacity of 10,000 amperes RMS symmetrical on 120VAC, 60 Hertz. Where indicated on panelboard schedules higher interrupting capacities shall be furnished. Panelboards shall be service equipment rated as shown in the drawings. B. Circuit breakers shall have overload tripping in each pole. Multi -pole breakers shall open all poles simultaneously on manual operation and overload of any pole. Circuit breakers shall have magnetic arc blowout coils and shall be trip free and trip indicating Panelboards Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260471-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS with quick -make, quick -break mechanism. GFCI and AFCI breakers shall be provided as required by NEC. C. Circuit breakers shall be provided with high pressure type solderless lugs of the proper size and type to accept the wire. D. Panelboard busses shall be silver-plated copper. E. Panels as manufactured by G.E., Eaton, or Siemens are acceptable. PART 3 EXECUTION 3.1 INSTALLATION: A. Install panelboards and circuit breakers in accordance with manufacturer's published instructions. B. Arrange for raceways and conductors to enter panelboards only in factory recommended locations and to avoid excessive build-up of conductors in any area of the cabinets. C. Conductors shall be trained to their points of connection, labeled with their circuit numbers, and bound securely with ties between the lug connections and the raceway entries to the panelboard. D. Install spare conduits from each panelboard. Where the ceiling above is furred down, stub three 3/4" conduits from each panel to an accessible space above the ceiling. Where ceiling is exposed, stub three 3/4" conduits up and turn out at the ceiling. Where there is crawl space below, stub three 3/4" conduits to below in a similar manner. Provide caps for all spare conduits. 3.2 LABELING: A. Provide a white with black letters phenolic label on all panels except panels with isolated ground system shall be orange with white letters. Emergency panels as marked by the plans shall contain a red with white letters label. Provide a typewritten directory for each existing panel which is affected by the new work and on all new panels as indicated on the plans. END OF SECTION Panelboards Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260471-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 04 76 FUSES PART 1 GENERAL 1.1 WORK INCLUDED: A. Furnish and install all fuses in each device furnished under Division 16 and as indicated otherwise that are necessary during construction and testing and deliver the system complete with new fuses in good working condition. 1.2 REFERENCE DOCUMENTS: A. The Special Provisions for Electrical Work are hereby made a part of this section of the work. Refer to Section 26 01 00. B. Drawings and general provisions of the Contract, including General Conditions and Division 01 Specification Sections, apply to this Section. C. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.3 SUBMITTALS: A. Submit complete manufacturers' specification on each application and each type of fuse proposed to be furnished to the job. B. Include a listing of the device in which each type and size of fuse is to be mounted. PART 2 PRODUCTS 2.1 MATERIALS: A. All fuses shall be Bussman or equal except where specifically indicated otherwise. B. Fuses for motor loads shall be Bussmann LPN-RK or LPS-RK UL Class RK1. Size for factory recommended protection unless otherwise indicated. C. Fuses on lighting loads shall be Bussmann KTN-R or KTS-R UL Class RK1. D. Equal fuses as manufactured by Gould Shawmut & Little -Fuse will be acceptable in lieu of Bussmann fuses. E. Other fuses shall be of type and design specifically required for the protection needed. Fuses Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260476-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS PART 3 EXECUTION 3.1 INSTALLATION: A. Install a new fuse in each fuse holder installed on the project of the size and voltage indicated on the drawings or elsewhere herein and of the type required. B. Furnish one (1) complete duplicate spare fuse in original carton for each fuse installed; except that no more than ten (10) of any type and size of spare fuse need be furnished. These spare fuses shall be furnished to the Owner at the time of final inspection, in a single container and accompanied with a letter of transmittal and a list of type and quantity of fuses furnished. END OF SECTION Fuses Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260476-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 05 01 LIGHTING FIXTURES PART 1 GENERAL 1.1 WORK INCLUDED: A. Furnish and install interior and exterior lighting systems, including lighting fixtures, lamps, controls, and accessories for lighting outlets in accordance with the drawings for complete and operational systems. Furnish and install a lighting fixture of the same type as indicated for areas of similar usage wherever the type of designation is omitted on the drawings. B. Furnish and install a plaster frame for each recessed fixture as required by the type of building construction. Furnish and install hangers, bolts, or other devices required to support each lighting fixture properly and adequately from the structure. Fixtures may be supported from the suspended ceiling where specifically permitted by the construction specified in other Divisions of Work. 1.2 REFERENCE DOCUMENTS: A. The Special Provisions for Electrical Work are hereby made a part of this Section of the Work. Refer to Section 26 00 10. B. Each lighting fixture shall be constructed in accordance with the applicable provisions of the National Electrical Code as suitable for the location where they are indicated to be installed. C. Each lighting fixture shall bear the Underwriters' Label indicating the fixture is suitable for the application and installation location. D. Drawings and general provisions of the Contract, including General Conditions and Division 01 Specification Sections, apply to this Section. E. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.3 SUBMITTAL: A. Submit adequately descriptive data including published catalog data or shop drawings for each type listing of lighting fixture for review prior to purchases or installation. B. If a substitute for a fixture specified is proposed, submit, when so requested, photographs, laboratory test data and samples of both the specified and the proposed fixture to demonstrate that the proposed substitute is an acceptable equal to the specified fixture. Rejection of an offered substitute shall not be the basis for work delay or extra compensation. Light Fixtures Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260501-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 1.4 WARRANTY A. Light fixtures shall be warrantied for one year subsequent to the final acceptance of the project. Integrated lighting controls shall be warrantied for three-year warranty subsequent to the final acceptance of the project. PART 2 PRODUCTS 2.1 LIGHTING FIXTURES: A. Lighting fixtures shall be of the type, manufacturer, and construction as indicated in the Lighting Fixture Schedule. B. Each fixture shall be complete with all proper components, connections, and accessories. C. Recessed fixtures for ceilings that have insulation shall be Type IC. D. Surface mounted fixtures shall have spacers and/or hangers to achieve required separation from low density ceilings construction. 2.2 LED LAMPS: A. All LED products must be UL and/or CSA listed. B. Exterior and Wet Location fixtures must clearly state IP rating on fixture. C. LED products must have LM-79 and LM-80 testing noted on specification sheet by an independent test lab. Products should be identified as L70 and/or L90 ratings based on result from lab testing. D. Exterior pole mounted lighting shall have surge suppression within each fixture. 2.3 CONTROLS: A. Ceiling mounted occupancy sensors shall be Dual Ultrasonic/PIR type with power pack rated for the full load of the lighting circuit in each location. The operating range of sensors shall be selected based on the arrangement of the room. Leviton or equal. B. Wall mounted occupancy sensors shall be Dual Ultrasonic/PIR type with On/Off switch, rated for the full load of the lighting circuit in each location. Leviton or equal. C. The Lighting Time Clock shall be Intermatic ET-70415 CR, four channel, astronomic time clock with Square D 8903 mechanically held lighting contactors with 30-amp contacts and quantity of contacts as required by drawings, unless shown otherwise on the drawings. Light Fixtures Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260501-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS D. Integrated lighting controls shall be as shown in the drawing and shall be manufactured by Sensor Switch. 2.4 ACCESSORIES: A. Recessed lighting fixtures for mounting in lay -in type ceilings shall be provided with tee clamp lock -in supports when it is acceptable to support the fixtures from the tees. Recessed fixtures will have all required plaster frames, concrete inserts, gaskets, sight shields and similar accessory components required for the particular installations in this project. B. Lighting fixtures indicated to have integral battery, charger and inverter from emergency light shall have equipment specially designed for and installed in the fixture. Units shall be with test and 90-minute illumination capability. Units for fluorescent fixtures shall be Siltron Unit -Pak. C. Fixtures mounted in fire -rated assemblies shall be enclosed in fire -rated enclosures constructed of fire -rated material matching the rating of the ceiling. 2.5 POLES: A. Poles shall be manufactured by a manufacturer associated with the light fixture manufacturer. The pole shall be configured with all accessories required for a complete system. B. Poles shall be powder coated aluminum or steel, or fiberglass as shown on the drawing fixture schedule. C. Mounting anchor bolts shall be as specified by the manufacturer. D. The poles shall be rated for the wind load rating required by the local site conditions. PART 3 EXECUTION 3.1 FIXTURES: A. Each lighting fixture shall be carefully installed in accordance with the manufacturer's directions and to fit the general construction of the walls, ceilings, or other areas where the fixture is indicated. Refer to reflected ceiling plans, elevations, and other details for the exact locations of fixtures. Where those details or other instructions do not indicate lighting fixture locations, position the fixtures proportionally in spaces using the arrangement indicated on the electrical drawings plus center, parallel and space the lighting fixtures and rows of fixtures on and with general construction lines. B. Install recessed lighting fixtures in accordance with the lighting fixture manufacturer's instructions for the application. Install above ceiling junction boxes to provide ready access through the ceiling opening. Install hangers to support fixtures independent of Light Fixtures Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260501-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS suspended ceilings unless the ceiling is specifically designed to support the fixture. In this case, provide clips in accordance with NEC. Above -ceiling insulation materials are prohibited to be within 3" of recessed lighting fixtures. C. Mount surface lighting fixtures to the ceiling in accordance with the lighting fixture manufacturer's instructions. Provide through ceiling to structure supports for each lighting fixture mounted on suspended ceiling unless the ceiling is specifically designed to support the lighting fixture. Narrow channel or box -mounted lighting fixtures on tee -bar type ceilings shall be connected through outlet boxes centered above the fixture and supported squarely on the tees. Provide auxiliary above -ceiling supports for the ceiling where tees must be cut. D. Securely anchor bracket mounted fixtures to maintain vertical and horizontal alignment. Provide that all mounting devices are concealed. E. Refer to the Architectural plans for locations of fire -rated assemblies. Fabricate and install the required fire -rated enclosures with the fixtures. F. In remodeled spaces where fixtures shall remain or be relocated, provide new lenses for all fixtures which are damaged prior to construction. Verify such condition prior to bid. 3.2 TESTING, CLEANING, AIMING AND ADJUSTING: A. Each fixture shall be placed in proper operating condition, equipped with the proper lamp, and properly fitted and adjusted to aim, focus, and physically work in the spaces and construction where installed. Fixtures shall be left clean of all dust, dirt, grease, and other foreign materials. Reflectors and lenses shall be clean and undamaged. Trims, finishes, and housing shall fit together and to the building construction and show no evidence of damage, handling, misalignment. END OF SECTION Light Fixtures Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260501-4 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 06 03 EMPTY RACEWAY SYSTEMS PART 1 GENERAL 1.1 WORK INCLUDED: A. Furnish and install complete systems of raceways, outlets, junction boxes, terminal boards, cabinets, interconnections, grounding and pull ropes in inaccessible construction for future installation of wires and cables under other sections of work, other divisions of work, other Contractors, or Vendors, or by the Owner. See the drawings or other sections of work for and descriptions of the systems. B. This work includes provisions for systems such as closed-circuit television and telephones where the installation of the system is outside the scope of this Contract. 1.2 REFERENCE DOCUMENTS: A. The Special Provisions for Electrical Work are hereby made a part of this Section of the Work. Refer to Section 26 00 10. B. The raceway systems shall be in accordance with materials and methods described in Sections 26 01 10 and 26 01 11. C. Drawings and general provisions of the Contract, including General Conditions and Division 01 Specification Sections, apply to this Section. D. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.3 SUBMITTALS: A. Submit complete manufacturer's specification data on each type of material to be used. B. Submit complete information on raceway routing and tagging to enable others to utilize the raceways in the proper sequence of the work. PART 2 PRODUCTS 2.1 RACEWAYS: A. Raceways, including wireways, conduits, junction boxes, pull boxes, cabinets, terminal boards, and outlets shall be as set forth elsewhere in this specification. Empty Raceway Systems Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260603-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 2.2 PULL ROPE: A. Pull ropes shall be 3/16" Jet Line Poly rope or equal. 2.3 TAGS: A. Tags for identification of termination of raceway shall be 1" x 3" linen paper tags with eyelets and string ties or equal. PART 3 EXECUTION 3.1 RACEWAYS: A. Raceways including wireways, conduits, junction boxes, pull boxes, cabinets terminal boards and outlets shall be installed asset forth elsewhere in this specification. 3.2 PULL ROPE: A. Install a pull rope in each conduit installed in this Division of Work which does not have wire and cable installed under this Division of Work. Leave 18" of pull rope at each end of each termination. B. Coil the pull rope inside of each outlet box cabinet or pull box where raceways are terminated in this equipment. Tie the pull rope at each end terminated otherwise to avoid accidental removal of the pull rope. 3.3 TAGGING: A. Provide a line tag on each end of each pull rope installed in this section of work. Securely attach this tag to the pull rope. B. Label this tag with a description of the raceway system being provided and with a complete description of the other end of the pull rope. END OF SECTION Empty Raceway Systems Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260603-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 06 12 EMERGENGY POWER SYSTEM (NATURAL GAS) PART 1 GENERALZ E 1.1 DESCRIPTION: A. Related Work Specified Elsewhere: 1. Section 26 00 10 — Special Provisions for Electrical Work 2. Section 26 04 50 - Grounding B. Description of System: Provide essential power system including generator controls, transfer switch, and associated equipment. 1.2 QUALITY ASSURANCE: A. Reference Standards: 1. Underwriters Laboratories, Inc. (UL) applicable standards 2. National Electrical Manufacturers Association (NEMA) applicable standards 3. National Electrical Code (NEC) applicable articles 4. Other state and local authority having jurisdiction codes applicable provisions 1.3 SUBMITTALS: A. Shop Drawings: Layouts giving dimensions, weights, locations, elevations, conduit and wiring provisions, power, and control wiring diagrams. B. Product Data: Sizes, types, materials and finishes, air data, fuel consumption data, engineering design tolerances and criteria, performance data at 1/4, 1/2 and full loading; storage and handling instructions, and installation directions. C. Test Reports: Copies of tests results at factory and of tests results for compliance to referenced standards. D. Certificates: 1. UL labels affixed to materials 2. Evidence of compliance to reference standards E. Operation and Maintenance Data: Manufacturers brochures and parts lists. Emergency Power System (Natural Gas) Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260612-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS F. Maintenance Materials: 1. Listing of local stocks of applicable spare parts 2. Listing of non -local stocks of applicable spare parts 3. Listing of non -stocked replacement parts 1.4 PRODUCT STORAGE AND HANDLING: A. Storage: Store at locations where not subject to damage from personnel, equipment, and the elements. B. Handling: Handle to avoid damage to materials and surrounding surfaces and finishes before and during installation. 1.5 JOB CONDITIONS: A. Protection: Protect materials and surrounding surfaces and finishes against damage from personnel, equipment, and the elements before, during and after installation. B. Sequencing: Install materials at times required to prevent unnecessary delays in the work. 1.6 WARRANTY: A. Warranty: Warranty system against defects for five (5) years from and after date of acceptance. Repair defects promptly during warranty period. PART 2 PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS: A. Basis of Design: Kohler Generator and Automatic Transfer Switch B. Cummins, Caterpillar, or Onan. C. Russelectric, Asco, or Onan ATS. D. Pre -Approved equal (Pre -approved by Engineer with City Staff input) Emergency Power System (Natural Gas) Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260612-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 2.2 MATERIALS: A. Generator/Engine Set: Capacity and voltage as shown on drawings. Prime mode operation at 100 degrees ambient temperature. B. Engine: 1. Water Cooled 2. Compression Ignition for natural gas 3. 1800 RPM at normal full load 4. Isochronous Electronic governor 5. Replaceable element fuel filter 6. Lubrication: a. gear -type oil pump for pressure lubrication b. spin -on type filters with spring loaded bypass valve 7. Cylinder liners: a. removable b. wet -type c. close -grained alloy iron 8. Heavy-duty dry type air cleaners 9. Starting: a. lead acid batteries b. 40 second cranking c. necessary rack and cables d. alternator and dual rate trickle charger 10. Engine block heater to maintain 120 degrees to 140 degrees F with lube oil pressure switch for auto cutout. Emergency Power System (Natural Gas) Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260612-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 11. Instruments: a. water temp. b. oil pressure c. oil temp. d. elapsed time meter e. charging indicator f. oil pressure, water temp. g. overspeed indicators 12. Cooling: a. engine -driven centrifugal water pump and thermostatic valve b. spin -on type water filters c. 33% ethylene glycol antifreeze d. guarded, engine -mounted radiator, blower fan, and venturi shroud 13. Exhaust system: a. critical silencing muffler with rain cap, mounted above enclosure 14. Safety controls for auto shut -down a. low oil pressure b. high oil pressure c. overspeed d. overcrank e. low water level f. alarm lights for a through e and auxiliary contacts g. pre -alarm signals (1) high water temp. (2) overspeed Emergency Power System (Natural Gas) Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260612-4 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 15. Mounting: a. full-length steel channel sub -base b. spring -type vibration isolators c. weatherproof housing d. base mounted day tank with fuel gauge C. Generators: 1. Brushless, revolving field type 2. Flexible driving disc directly coupled to engine flywheel 3. Dynamically balanced rotor to 25% overspeed 4. Exciter a. rotating field, brushless b. full wave three-phase rectifier with surge protection 5. Rotor: a. layer wound with thermo-setting epoxy between layers and for final coat b. bearing: (1) shielded type (2) grease pipes to exterior of frame. (3) 40,000-hour life 6. Stator: a. 2/3 pitch design b. dip in varnish and bake five times c. overall epoxy coating d. harmonic distortion less than 5% total RMS line to line at full load Emergency Power System (Natural Gas) Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260612-5 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 7. Connection box: a. side mounted b. ventilated c. bottom entry 8. Voltage regulator: a. solid state with SCR control b. Rheostat for 10% voltage adjustment 9. Main circuit breaker set for 150% rated current D. Performance: 1. Voltage regulation no-load to full -load not to exceed + 1%. 2. Steady state voltage within 0.5% of rated. 3. Modulation at steady state not to exceed one cycle per second. 4. For addition of 90% load at 0.8 PF, voltage dip not to exceed 20%; full recovery within 4.5 seconds. 5. For addition of 9-% load at 0.8 PF, frequency change not to exceed one cycle per second; full recovery within 7.0 seconds. 6. Balanced TIF not to exceed 50%. 7. If a short circuit occurs, capable of supporting 300% rated current for 10 seconds. E. Control Panel: 1. Mounted on generator. 2. Instruments a. voltmeter b. ammeter c. frequency meter d. combination ammeter -voltmeter phase selector switch e. instruments required in 2.02, B, 15, above f. auto -start control Emergency Power System (Natural Gas) Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260612-6 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS g. wattmeter h. pre -alarm lights horn j. signal silence switch I<. contacts for remote on -off -trouble wiring F. Automatic Transfer Switch (ATS): 1. Capacity and voltage as shown in drawings. 2. NEMA 1 enclosed, front access only 3. Longtime withstand short circuit rating of 200 KAIC symmetrical with Bussman KRP- C, 1800-amp fuses 4. Conforming to U.L. 1008 5. Dual motor operator with minimum 400 msec transfer time 6. Manual operator with same transfer time 7. Engine starting contacts with time delay set at 3 seconds 8. Transfer when genset reaches 90% rated voltage 9. 0 - 30 minute adjustable time delay for retransfer to normal set at 15 minutes, with genset failure override 10. 0 - 5 minutes adjustable time delay for engine cooldown set at 5 minutes 11. Integral test switch 12. Switch position indicating lights 13. Russelectric RMTD. Emergency Power System (Natural Gas) Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260612-7 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS H. Remote alarm annunciator panel: High Battery Voltage Low Battery Voltage Normal Battery Voltage Gen Running EPS Supply Load Pre -low OK Press. Low or Press. Pre -high Coolant Temp. High Coolant Temp. Low Engine Temp. Overspeed Overcrank Not -in -Auto Battery Chg Malfunction Low Fuel Fault Lamp Test Button Normal Util. Power PART 3 EXECUTION 3.1 INSPECTION: A. Examine materials upon receipt for damages. B. Examine completed installation for proper adjustments and performance. 3.2 PREPARATION: A. Carefully layout exact locations of materials in conference with the Owner's representative. B. Provide foundation per structural drawings. 3.3 INSTALLATION: A. Install materials at indicated locations and as required by authorities having jurisdiction and the manufacturers. B. Provide remote monitoring annunciator panel. Emergency Power System (Natural Gas) Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260612-8 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3.4 FIELD QUALITY CONTROL: A. Test: Prior to acceptance of the installation, the equipment shall be subjected to an on -site test at full load with resistive load banks for a minimum of 4 hours. All consumables necessary for this test operation shall be furnished by the contractor. Any defects which become evident during this test shall be corrected by the contractor at his own expense. Tests shall be conducted in presence of Owner's representative. 3.5 ADJUSTMENTS AND CLEANING: A. Adjustments: Perform necessary work required to provide proper systems performance. B. Cleaning: 1. Remove foreign material from materials. 2. Clean surface to be painted. 3. Touch up damaged finishes. C. Training: 1. Provide 8 hours training for Owner's personnel covering features, operation, and maintenance of system. 2. Coordinate training two weeks prior to testing to occur one day prior to testing at site. END OF SECTION Emergency Power System (Natural Gas) Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260612-9 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 09 96 ELECTRICAL SYSTEMS COMMISSIONING AND STARTUP PART 1 GENERAL 1.1 WORK INCLUDED: A. The purpose of this section is to specify Division 26 responsibilities in the startup process as directed by the Engineer. B. Startup requires the participation of Division 23 and 26 to ensure that all systems are operating in a manner consistent with the Contract Documents. C. Division 26 shall be familiar with the plan and shall execute all responsibilities assigned in the Contract Documents. 1.2 RESPONSIBILITIES: A. Electrical Contractors. The responsibilities applicable to the electrical contractor(s) of Division 26 are as follow: Construction and Acceptance Phases 1. Include the cost of startup in the proposal. 2. In each purchase order or subcontract written, include requirements for submittal data, documentation, O&M data and training. 3. Attend a scoping meeting and other meetings necessary to facilitate the process. 4. Provide additional requested documentation, prior to normal O&M manual submittals, to the Engineer for development of start-up and functional testing procedures. 5. Provide a copy of the O&M Manuals and submittals of electrical equipment, through normal channels, to the Engineer for review and approval. 6. Contractors or their Subs shall assist (along with the Design Engineers) in clarifying the operation and control of equipment in areas where the specifications, control drawings or equipment documentation is not sufficient for writing detailed testing procedures. B. The contractors and Subs shall review test procedures to ensure feasibility, safety and equipment protection and provide necessary written alarm limits to be used during the tests. 1. Develop a Functional Performance Test (FPT) using manufacturer's start-up procedures. Submit manufacturer's detailed start-up procedures and the full Electrical Systems Startup Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260996-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS start-up plan and procedures and other requested equipment documentation to Engineer for review. 2. During the startup and initial checkout process, execute and document the electrical -related portions of the pre -functional checklists provided by the Engineer for all equipment. 3. Perform and clearly document all completed startup and system operational checkout procedures and provide a copy to the Engineer. 4. Address current A/E punch list and deficiency list items, prior to start of the functional testing. 5. Provide skilled or factory -trained technicians to execute starting of equipment and to execute the FPT, as required by the Engineer. Ensure that skilled technicians are available and present during the agreed upon schedules and for sufficient duration to complete the necessary tests, adjustments and problem - solving. 6. Provide skilled technicians to perform or assist with FPT under the direction of the Engineer for specified equipment. Assist the Engineer in interpreting the monitoring data, as necessary. 7. Correct deficiencies (differences between specified and observed performance) as interpreted by the Engineer and retest the equipment. 8. Prepare O&M Manuals according to the Contract Documents, including clarifying and updating the original sequences of operation to as -built conditions. 9. During construction, maintain as -built red -line drawings for all drawings and provide final as -built documentation to the Owner per the Contract Closeout Section in the Contract Documents. 10. Provide training for the Owner's operating staff using expert qualified personnel, as specified. 11. Coordinate with equipment manufacturers to determine specific requirements to maintain the validity of the warranty. C. Warranty Period 1. Correct deficiencies and make necessary adjustments to O&M Manuals and as - built drawings for applicable issues identified in any seasonal testing. Electrical Systems Startup Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260996-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS PART 2 PRODUCTS 2.1 TEST EQUIPMENT: A. Division 26 shall provide all test equipment necessary to fulfill the testing requirements of this Division. PART 3 EXECUTION 3.1 SUBMITTALS: A. Division 26 shall provide submittal documentation relative to startup as required in this Section. 3.2 STARTUP: A. Equipment startup shall be provided in accordance with the manufacturers' approved procedures. The electrical contractors shall follow the startup and initial checkout procedures listed in this Section. The procedures and functional testing do not relieve or lessen this responsibility or shift it partially to the Engineer or Owner. 3.3 FUNCTIONAL PERFORMANCE TESTS: A. Functional testing is intended to begin upon completion of a system. Functional testing may proceed prior to the completion of systems or sub -systems at the discretion of the Engineer. Beginning system testing before full completion does not relieve the Contractor from fully completing the system, including all pre -functional checklists as soon as possible. B. The Engineer shall develop the test procedures and direct the execution of the functional testing procedures with assistance from the contractors. C. The functional testing procedures shall be reviewed and approved by the design team, the contractors, and the Owner prior to execution. D. The functional testing procedures shall not alleviate the contractors' responsibility to verify system operation and functionality. 3.4 OPERATIONS AND MAINTENANCE (O&M) MANUALS: A. The following O&M Manual requirements do not replace the O&M Manual documentation requirements elsewhere in these specifications. B. The Engineer shall receive a copy of the O&M Manuals for review. C. Review and Approvals. Review of the startup sections of the O&M Manuals shall be made by the Engineer. Refer to the Contract Documents for details. Electrical Systems Startup Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260996-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3.5 TRAINING OF OWNER PERSONNEL: A. The Contractor shall be responsible for training coordination and scheduling and ultimately to ensure that training is completed. B. The Engineer shall be responsible for overseeing and approving the content and adequacy of the training of Owner personnel for equipment. C. Electrical Contractor. The electrical contractor and his sub -contractors shall have the following training responsibilities: 1. Provide the Engineer with a training plan two weeks before the planned training. 2. Provide designated Owner personnel with comprehensive orientation and training in the understanding of the systems and the operation and maintenance of each major piece of electrical equipment or system including, but not limited to lighting control, fire alarm, and switchgear. 3. Training shall start with classroom sessions, if necessary, followed by hands-on training on each piece of equipment, which shall illustrate the various modes of operation, including startup, shutdown, fire/smoke alarm, power failure, etc. 4. During any demonstration, should the system fail to perform in accordance with the requirements of the O&M Manual or sequence of operations, the system will be repaired or adjusted as necessary, and the demonstration repeated. 5. The appropriate trade or manufacturer's representative shall provide the instructions on each major piece of equipment. This person may be the start-up technician for the piece of equipment, the installing contractor or manufacturer's representative. Practical building operating expertise as well as in-depth knowledge of all modes of operation of the specific piece of equipment is required. More than one party may be required to execute the training. 6. The training sessions shall follow the outline in the Table of Contents of the O&M Manual and illustrate, whenever possible, the use of the O&M Manuals for reference. 7. Training shall include: a. Use of the printed installation, operation and maintenance instruction material included in the O&M Manuals. b. A review of the written O&M instructions emphasizing safe and proper operating requirements, preventative maintenance, special tools needed and spare parts inventory suggestions. The training shall include start-up, operation in all modes possible, shut -down, seasonal changeover and any emergency procedures. Electrical Systems Startup Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260996-4 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS c. Discussion of relevant health and safety issues and concerns. d. Discussion of warranties and guarantees. e. Common troubleshooting problems and solutions. f. Explanatory information included in the O&M Manuals and the location of all plans and manuals in the facility. g. Discussion of any peculiarities of equipment installation or operation. h. Classroom sessions shall include the use of overhead projections, slides, video, and audio taped material as might be appropriate. 8. Hands-on training shall include start-up, operation in all modes possible, including manual, shut -down and any emergency procedures and preventative maintenance for all pieces of equipment. 9. The electrical contractor shall fully explain and demonstrate the operation, function and overrides of any local packaged controls, not controlled by the central control system. 10. Training shall occur after functional testing is complete, unless approved otherwise by the Engineer. 11. Duration of Training. The electrical contractor shall provide training on each piece of equipment according to the following schedule: System Hours Lighting Controls 4 Fire Alarm 2 Switchgear 2 3.6 WRITTEN WORK PRODUCTS: A. Written work products of contractors will consist of the start-up and initial checkout plan and the filled -out startup, initial checkout and pre -functional checklists. Electrical Systems Startup Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260996-5 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 14 00 — WIRING DEVICES 1. Test wiring devices for proper polarity and ground continuity. 2. Test GFCI operation with local fault simulations. LOCATION DEVICE STATUS REMARKS Electrical Systems Startup Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260996-6 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 17 00 — DISCONNECT SWITCHES 1. Verify label. 2. Verify voltage and ampacity. 3. Verify enclosure rating. 4. Verify grounding. LOCATION LABEL VOLTAGE AMPACITY ENCLOSURE GROUNDS STATUS REMARKS Electrical Systems Startup Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260996-7 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 46 00 / 26 76 10 — TRANSFORMERS 1. Verify label. 2. Verify voltage and kVA rating. 3. Verify grounding. 4. Verify mounting. LOCATION LABEL VOLTAGE kVA GROUNDS MOUNTING STATUS REMARKS Electrical Systems Startup Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260996-8 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 47 10 — PANELBOARDS 1. Verify label. 2. Circuit Directory: Type directory to indicate installed circuit loads after balancing panelboard loads. 3. Install filler plates in unused spaces. 4. Verify voltage and ampacity. 5. Verify TVSS LOCATION PANEL VOLTAGE MAIN LABELS STATUS REMARKS AM PACITY Electrical Systems Startup Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260996-9 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 50 10 — INTERIOR LIGHTING 1. Verify normal operation of each fixture after fixtures have been installed and circuits have been energized with normal power source. 2. Verify operation of exit and emergency fixtures. 3. Verify operation of Lighting Control System LOCATION FIXTURES SWITCHES LIGHT LEVEL STATUS REMARKS Electrical Systems Startup Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260996-10 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 72 00 — FIRE ALARM SYSTEM 1. Verify FACP operation. 2. Verify alarm horns/strobes. 3. Verify HVAC shutdown. LOCATION DEVICE OPERATIONAL STATUS REMARKS The Contractor shall complete these forms as indicated above. Include a copy of these forms in the Operation and Maintenance Manuals. END OF SECTION Electrical Systems Startup Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 260996-11 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS SECTION 26 36 00 TRANSFER SWITCHES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Transfer switch controller. 2. Transfer switch accessories. 1.2 DEFINITIONS A. Automatic Transfer Switch (ATS): Device in which a controller manages the entire process, and initiation begins when the controller senses a loss of the primary source. The controller monitors the source voltage and sends a command to the generators to run when the voltage falls below a preset limit for a prescribed period. The controller also monitors the secondary source voltage and frequency, and when these values are within acceptable limits, the switch transfers the load from the primary to the secondary source. When the primary source is reestablished for a prescribed period to ensure stability, the switch may automatically transfer the load back to the primary source. Most critical and life -safety loads require automatic operation as defined by the NEC. B. Bypass Isolation Transfer Switch: Transfer switch that incorporates a standard automatic and a manual transfer switch into a single unit. Bypass isolation is used to transfer power to the manual switch to allow servicing of the ATS while maintaining power to connected loads. 1. Mechanically Operated: Physical handle is used to select between manual and automatic sides of the bypass isolation transfer switch. 2. Electrically Operated: Push-button controls are used to select between manual and automatic sides of the bypass isolation transfer switch. C. Contactor type switching mechanism: Contactors are constructed as an electrically controlled, double -throw switch where a solenoid mechanism opens one set of power contacts while closing a second set. D. Enclosures: The following are UL 50 definitions of enclosure types listed in order of protection from least hazardous to most severe conditions. 1. Type 1: Enclosures constructed for indoor use to provide a degree of protection to personnel against incidental contact with the enclosed equipment and to provide a degree of protection against falling dirt. 2. Type 3R: Constructed (with knockouts on the sides and bottom) for either indoor or outdoor use to provide protection against falling dirt, rain, sleet, snow, and windblown dust. Will be undamaged by the external formation of ice on the enclosure. Type 3R Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-1 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS enclosures are rainproof, which means they are constructed, protected, or treated to prevent beating rain from interfering with the successful operation of the apparatus or result in wetting of live parts and wiring within the enclosure under specified conditions. They are not raintight, which means exposure to beating rain could result in water entering a Type 3R enclosure under certain conditions; nor are they watertight, which means moisture could enter a Type 3R enclosure when subjected to a stream of water under certain conditions. 3. Type 4: Constructed for either indoor or outdoor use to provide protection against falling dirt, rain, sleet, snow, windblown dust, splashing water, and hose -directed water. Will be undamaged by the external formation of ice on the enclosure. 4. Type 4X: Same as Type 4 except constructed from corrosion -resistant material. As defined by industry standards, corrosion resistant means constructed to provide a degree of protection against exposure to corrosive agents such as salt spray. Stainless steel is the strongest of the corrosion -resistant materials. It exhibits many of the same resistances attributed to fiberglass materials as well as resistance to highly polar solvents such as acetone and MEK. Type 316 grade stainless steel is an option that provides improved resistance to salt, some acids, and high temperature. Type 316 grade is a strongly recommended choice for marine environments that are within five miles of salt water or otherwise subject to exposure to salt spray. Note that Type 316 grade resistance to sulfates and chorine is less than that provided by Type 304 grade 5. Type 12: Constructed (without knockouts) for indoor use to provide protection against falling dirt; against circulating dust, lint, fibers, and flying debris; against dripping and light splashing of noncorrosive liquids; and against light splashing and consequent seepage of oil and noncorrosive coolants. Type 12 enclosures are oil resistant, and constructed so oil will not interfere with successful operation of equipment. They are not oiltight, which means oil could enter a Type 12 enclosure under certain conditions. E. Insulated -Case Type Switching Mechanism: Provides electronic trip overcurrent protection using UL 1558 listed circuit breakers (100 percent rated). F. Manual Transfer Switch: Transfer switch in which the entire process is completed manually by an operator. There is not typically a controller, voltage -sensing equipment, or electrical mechanism used to operate the load transfer. Manual switches are the most basic types of transfer switch and are common in noncritical facilities or applications. G. Molded -Case Type Switching Mechanism: Provides thermal -magnetic or electronic trip overcurrent protection using UL 489 listed circuit breakers (80 percent rated). H. Non -Automatic Transfer Switch: Transfer switch that is manually initiated by an operator and then an internal device within the switch equipment operates the transfer switch by electric operation. The operator has the ability to determine when to initiate the load transfer, but the actual transfer operation is electrically actuated. I. Service Entrance Transfer Switch: Transfer switch that serves as both ATS and utility service disconnect. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-2 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS J. Transition Types: 1. Standard (Open) Transition: Break -before -make transfer. In open transition, the load is disconnected from one normal source before being connected to the alternate emergency source. 2. Programmed (Delayed) Transition: Break both normal and emergency sides before transfer. The load disconnects from one source, and then pauses in an "off" position before connecting to the alternate source to protect from power surges. The delay allows the magnetic field to decay to a safe level before transferring. 3. Closed Transition: Make -before -break transfer. The source from which the load is being transferred remains closed until the source to which the load will be transferred is also closed. After both sources are closed, the source from which power is being transferred is opened. K. Withstand and Close -On Rating (WCR): The following are the types of transfer switch WCR ratings. 1. Specific Breaker Rating: Transfer switch that is tested in coordination with specific upstream circuit breakers. Only breakers listed on the transfer switch rating decal may be used. 2. Time -Based Rating (Any Breaker): Transfer switch that passes the "any breaker" test can withstand a fault of a given magnitude for three cycles. This allows an ATS to be used with any UL 489 circuit breaker. 3. Short -Time Rating: The short -time ratings require longer -duration application of fault current and are intended for selective coordination purposes, where an extended delay is needed to allow for downstream protective devices to clear a fault closer to its source. 4. Fuse Disconnect: A device used for limiting the amount of fault current that passes through a system and protects downstream power system components from catastrophic failure. When fault current exceeds the current rating, the circuit is opened, and a new fuse is required to make the system operational again. These devices are typically used when fault current exceeds ratings for other options. 1.3 ACTION SUBMITTALS A. Product Data: For each type of product. 1. Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for transfer switches. 2. Include rated capacities, operating characteristics, electrical characteristics, and accessories. B. Shop Drawings: 1. Include plans, elevations, sections, details showing minimum clearances, conductor entry provisions, gutter space, and installed features and devices. 2. Include material lists for each switch specified. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-3 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3. Single -Line Diagram: Show connections between transfer switch, power sources, and load; and show interlocking provisions for each combined transfer switch and/or bypass/isolation switch. 4. Riser Diagram: Show interconnection wiring between transfer switches, annunciators, and control panels. 1.4 INFORMATIONAL SUBMITTALS A. Qualification Data: Provide operational data. B. Seismic Qualification Data: Certificates, for transfer switches, accessories, and components, from manufacturer. 1. Basis for Certification: Indicate whether withstand certification is based on actual test of assembled components or on calculation. 2. Dimensioned Outline Drawings of Equipment Unit: Identify center of gravity and locate and describe mounting and anchorage provisions. 3. Detailed description of equipment anchorage devices on which the certification is based and their installation requirements. C. Field quality -control reports. 1.5 CLOSEOUT SUBMITTALS A. Operation and Maintenance Data: For each type of product to include in emergency, operation, and maintenance manuals. 1.6 QUALITY ASSURANCE A. Manufacturer Qualifications: 1. ISO 9001 certified for design, development, production, and service of complete product line. 2. Produced this type of equipment for a period of at least 10 years. 3. Actively maintaining a 24-hour parts and service organization regularly engaged in maintenance contract programs to perform preventive maintenance and service on equipment like that specified. 4. Furnish a service agreement that includes system operation under simulated operating conditions; adjustment to the generator set, transfer switch, and switchgear controls as required, and certification in the Owner's maintenance log of repairs made and functional tests performed on all systems. 5. Transfer switch, engine -driven generator assembly, and paralleling switchgear (if applicable) must be furnished by a single manufacturer, responsible for design, coordination, and testing of the complete system. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-4 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS B. Testing Agency Qualifications: 1. Member company of NETA. a. Testing Agency's Field Supervisor: Certified by NETA to supervise on -site testing. 1.7 WARRANTY A. Manufacturer's Warranty: Manufacturer agrees to repair or replace transfer switch or transfer switch components that fail in materials or workmanship within specified warranty period. 1. Warranty Period: Manufacturer's standard warranty in years from date of registered startup or commissioning. 2. Transfer switch and accessories to include a standard one-year warranty against defective material and workmanship in accordance with manufacturer's published warranty from registered startup date. PART 2 - PRODUCTS 2.1 PERFORMANCE REQUIREMENTS A. Basis -of -Design Product: Subject to compliance with requirements, provide Kohler Power Systems; transfer switches or comparable product by one of the following: 1. Kohler 2. Caterpillar, Inc.; Electric Power Division. 3. Generac Power Systems, Inc. 4. By Engineer Pre -Approval prior to bid. B. Source Limitations: Manufacturer must supply generators, transfer switches, and paralleling switchgear for single -source warranty, parts, and service through a factory authorized representative with factory -trained technicians. C. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. D. Comply with NEMA ICS 1. E. Comply with NFPA 99. F. Comply with NFPA 110. G. Comply with UL 1008 unless requirements of these Specifications are stricter. H. Comply with CSA C22.2, No. 178. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-5 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS I. Switch Characteristics: Designed for continuous -duty repetitive transfer of full -rated current between active power sources. 1. Switch Action: Double throw; mechanically held in both directions. 2. Contacts: Silver composition or silver alloy for load -current switching. Contactor -style automatic transfer -switch units, rated 800 A and higher, to have separate arcing contacts. 3. Inspection of all contacts possible from the front of the switch without disassembly of operating linkages and without disconnection of power conductors. Switches rated 800 A and higher must have front removable and replaceable contacts. All stationary and moveable contacts replaceable without removing power conductors or bus bars. 4. Main and Neutral Lugs: Mechanical type. 5. Lug Material: Tin-plated aluminum. 6. Conductor Connectors: Suitable for use with conductor material and sizes. 7. Ground Lugs and Bus -Configured Terminators: Mechanical type. 8. Connectors to be marked for conductor size and type in accordance with UL 1008. J. Indicated Current Ratings: Apply as defined in UL 1008 for continuous loading and total system transfer, including tungsten filament lamp loads not exceeding 30 percent of switch ampere rating, unless otherwise indicated. K. Tested Fault -Current Closing and Short -Circuit Ratings: Adequate for duty imposed by protective devices at installation locations in Project under the fault conditions indicated, based on testing in accordance with UL 1008. L. Repetitive Accuracy of Solid -State Controls: All settings to be plus or minus 0.5 percent or better over an operating temperature range of minus 20 to plus 70 deg C. M. Resistance to Damage by Voltage Transients: Components meet or exceed voltage -surge withstand capability requirements when tested in accordance with IEEE C62.62. Components meet or exceed voltage -impulse withstand test of NEMA ICS 1. N. Electrical Operation: Accomplish by a nonfused, momentarily energized solenoid or electric - motor -operated mechanism. Switches for emergency or standby purposes to be mechanically and electrically interlocked in both directions to prevent simultaneous connection to both power sources unless closed transition or manual transfer. O. Neutral: Ampacity and switch rating of neutral path through units to be the nominal rating of circuit in which switch is installed. P. Factory Wiring: Train and bundle factory wiring and label, consistent with Shop Drawings, by color code or by numbered or lettered wire and cable markers at terminations. 1. Designated Terminals: Pressure type, suitable for types and sizes of field wiring indicated. 2. Power -Terminal Arrangement and Field -Wiring Space: Suitable for top, side, or bottom entrance of feeder conductors as indicated. 3. Control Wiring: Equipped with lugs suitable for connection to terminal strips. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-6 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 2.2 TRANSFER SWITCH CONTROLLER A. Requires Automatic transfer switch controller. B. Supervised Transfer Switch: Provide a door -mounted, three -position, selector switch with Auto, Manual, and Transfer positions. 1. With the controller set to automatic mode and selector switch in Auto position, the user transfer switch operates normally. 2. With the controller set to automatic mode and selector switch in Manual position, the user is required to toggle the selector switch to initiate a transfer from emergency to normal position. 3. With the controller set to non -automatic mode and selector switch in Manual position, the user is required to toggle the selector switch to the transfer position to initiate a transfer in either direction. In this mode, the ATS must not automatically transfer to an acceptable source in the case of source failure. C. Display: Integral to controller for viewing all available data and setting desired operational parameters. Operational parameters also available for viewing and control through communications interface port or USB. The following parameters are only adjustable via password -protected programming on the controller: a. Nominal line voltage and frequency. b. Single- or three-phase sensing. c. Operating parameter protection. D. Controller capable of sensing phase rotation of both normal and emergency sources. Source is considered unacceptable if phase rotation is not the preferred rotation selected (ABC or BAC). Unacceptable phase rotation indicated on LCD; service required LED and annunciation through the communication protocol and dry contacts. Phase rotation sensing capable of being disabled, if required. E. Controller capable of detecting a single phasing condition of a source, even though a voltage may be regenerated by the load. This condition is a loss of phase and considered a failed source. F. Source status screens provided for both normal and emergency sources to provide digital readout of voltage on all three phases (phase to phase and phase to neutral), frequency, and phase rotation. G. Test Switch: Simulate normal -source failure. H. Switch -Position Indicating Lights: Indicate source to which load is connected. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-7 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS I. Source -Available Indicating Lights: Supervise sources via transfer -switch normal- and emergency -source sensing circuits. 1. Normal Power Supervision: Green light with nameplate engraved "Normal Source Available." 2. Emergency Power Supervision: Red light with nameplate engraved "Emergency Source Available." J. Unassigned Auxiliary Contacts: Two normally open, single -pole, double -throw contacts for each switch position, rated 2 A at 30 V(dc)/ 250VAC. K. Transfer Override Switch: Overrides automatic retransfer control so that transfer switch will remain connected to emergency power source regardless of condition of normal source. Pilot light indicates override status. L. Controller operates through a period of loss of control power. M. Undervoltage Sensing for Each Phase of Normal Source: Sense low phase -to -ground voltage on each phase. Pickup voltage to be adjustable from 85 to 100 percent of nominal, and dropout voltage to be adjustable from 75 to 98 percent of pickup value. Factory set for pickup at 90 percent and dropout at 90 percent. N. Overvoltage Sensing for Each Phase of Normal Source: Sense low phase -to -ground voltage on each phase. Pickup voltage to be adjustable from 95 to 100 percent of dropout, and dropout voltage to be adjustable from 106 to 135 percent of nominal value. Factory set for pickup at 95 percent and dropout at 110 (600V) or 115 percent. O. Voltage Unbalance Sensing for Each Phase of Normal Source: Sense low phase -to -ground voltage on each phase. Pickup voltage to be adjustable from 3 to 18 percent of nominal, and dropout voltage to be adjustable from 5 to 20 percent of nominal value. Factory set for pickup at 10 percent and dropout at 20 percent. P. Under -frequency: Prevent premature transfer to generator. Pickup frequency to be adjustable from 80 to 95 percent of nominal. Factory set for pickup at 90 percent. Dropout frequency to be adjustable from 95 to 99 percent of nominal. Factory set for pickup at 99 percent of dropout. Q. Over -frequency: Prevent premature transfer to generator. Pickup frequency to be adjustable from 105 to 120 percent of nominal. Factory set for pickup at 110 percent. Dropout frequency to be adjustable from 101 to 115 percent of nominal. Factory set for dropout at 101 percent. R. Time Delays: 1. Momentary Genset Start Delay: Adjustable time delay of zero to 60 minutes to override momentary normal source outages and delay all transfer and engine starting signals. Capable of extended time delay up to 60 minutes by providing an external 12 or 24 V(dc) power supply. 2. Transfer to Emergency Source: Adjustable from zero to 60 minutes provided on transfer to the emergency source for controlled timing of transfer of loads to emergency. Factory setting is three seconds. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-8 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3. Retransfer to Normal Source: Adjustable from zero to 60 minutes time delay for re - transfer to normal. Time delay automatically bypassed if the emergency source fails and the normal source is acceptable. Factory setting is 15 minutes. 4. Engine Cool Down: Adjustable from zero to 60 minutes provided on shutdown of engine generator for cool down. Factory setting is five seconds. S. Time Delay Outputs: Time delay activated output signals to drive external relay(s) for selective load disconnect and reconnect control. Capable of controlling nine individual output time delays to step loads on after a transfer occurs. Each output individually programmed for independent time delay from zero to 60 minutes. Each sequence independently programmed for transferring from normal to emergency and transferring from emergency to normal. T. Engine Starting Contacts: One isolated and normally closed, and one isolated and normally open; rated 10 A at 32 V(dc) minimum. U. Engine Shutdown Contacts: 1. Instantaneous: Contact initiates shutdown sequence at remote engine -generator controls after retransfer of load to normal source with no intentional time delay. 2. Time Delay: Adjustable from zero to five minutes, and factory set for five minutes. Contact initiate shutdown at remote engine -generator controls after retransfer of load to normal source. V. Signal -Before -Transfer Contacts: One set of normally open/normally closed dry contacts that operate in advance of retransfer to normal source. Interval adjustable from one to 30 seconds. W. Engine -Generator Exerciser: Solid-state, programmable -time switch starts engine generator and transfers load to it from normal source for a preset time, then retransfers and shuts down engine after a preset cool -down period. Up to 21 different exercise events can be set with different settings of various parameters. Maximum exercise run time is 24 hours. Exerciser features include the following: 1. Push-button programming control with digital display of settings. X. Integral battery operation of time switch when normal control power is unavailable. Y. Digital Communication Interface: Matched to capability of remote annunciator or annunciator and control panel TCP/IP. Z. Ethernet Board: RJ-45 connection for communication capability with Modbus TCP/IP protocol. AA. Controller Logic Disconnect Switch: Two -position switch, mounted inside the enclosure to disconnect three-phase voltage sensing and power to controller without disconnecting the load for use during maintenance and service. The switch has two positions, auto and disconnect. User must manually disable generator prior to placing the controller logic disconnect in OFF position. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-9 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 2.3 STANDARD (OPEN) TRANSITION, CONTACTOR -TYPE TRANSFER SWITCH A. Standard (Open) Transition Transfer Switches: A break -before -make transfer. The load is disconnected from one normal source before being connected to the alternate emergency source. B. Transfer controlled by in -phase monitor and sensors actively monitoring and confirming that both normal and emergency sources are present and acceptable. C. Withstand Rating Type: Fuse Disconnect. D. Voltage and Frequency Rating: 208 V(ac), 60 Hz. E. Configuration Type: 3-pole, 4-wire, solid neutral. F. Enclosure Type: General-purpose NEMA 250, Type 3R, complying with NEMA ICS 6 and UL 508, unless otherwise indicated. G. Ampere Rating: 800 A. H. Cable connections accessible via front access. I. Large -Motor -Load Power Transfer: 1. Motor Disconnect and Timing Relay Controls: Designated starters in loss of power scenario to disconnect motors before transfer and reconnect them selectively at an adjustable time interval after transfer. Control connection to motor starters to be through wiring external to ATS. 2. In -Phase Monitor: Factory -wired, internal relay controls transfer so contacts close only when the two sources are synchronized in phase and frequency. Relay compares phase relationship and frequency difference between normal and emergency sources and initiate transfer. 2.4 TRANSFER SWITCH ACCESSORIES A. Remote Annunciator System: 1. Source Limitations: Same manufacturer as transfer switch in which installed. 2. Functional Description: Remote annunciator panel to annunciate conditions for indicated transfer switches. 3. Annunciation panel display to include the following indicators: a. Sources available, as defined by actual pickup and dropout settings of transfer - switch controls. b. Switch position. c. Switch in test mode. d. Failure of communication link. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-10 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 4. Annunciator Panel: LED -lamp type with audible signal and silencing switch. a. Indicating Lights: Grouped for each transfer switch monitored. b. Label each group, indicating transfer switch it monitors, location of switch, and identity of load it serves. c. Mounting: Flush, modular, steel cabinet unless otherwise indicated. d. Lamp Test: Push -to -test or lamp -test switch on front panel. B. Remote Annunciator and Control System: 1. Source Limitations: Same manufacturer as transfer switch in which installed. 2. Include the following functions for single indicated transfer switches: a. Indication of sources available, as defined by actual pickup and dropout settings of transfer -switch controls. b. Indication of switch position. c. Indication of switch in test mode. d. Indication of failure of digital communication link. e. Key -switch or user -code access to control functions of panel. f. Control of switch -test initiation. g. Control of switch operation in either direction. h. Control of time -delay bypass for transfer to normal source. 3. Malfunction of annunciator, annunciation and control panel, or communication link will not affect functions of ATS. In the event of failure of communication link, ATS automatically reverts to standalone, self-contained operation. Automatic transfer -switch sensing, controlling, or operating function will not depend on remote panel for proper operation. 4. Remote Annunciation and Control Panel: Solid-state components. Include the following features: a. Controls and indicating lights grouped together for each transfer switch. b. Label each indicating light control group. Indicate transfer switch it controls, location of switch, and load it serves. c. Digital Communication Capability: Matched to that of transfer switches supervised. d. Mounting: Flush, modular, steel cabinet unless otherwise indicated. C. Padlockable User Interface Cover: Cover to protect the controller user interface from the environment. D. Anti -Condensation Heater: Heater strip, sized by manufacturer supplied inside the transfer switch enclosure and controlled by an adjustable humidistat. Humidistat adjustable from 35 to 95 percent relative humidity, factory set at 65 percent. 120 V(ac) power provided from external source with 15 A protective circuit breaker provided internal to transfer switch. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-11 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS E. Surge Protection Device (SPD): UL 1449 listed SPD provided for protection of normal source supply with replaceable cartridges to allow replacement of components without disconnecting the normal source supply. 90 dB audible alarm and terminal block for remote alarm contacts provided. SPD to provide L-L, L-N, L-G, and N-G lines protection. LED status indicators integral on the face of the device to indicate operational state. F. Input/Output Module: Two programmable inputs and six programmable outputs. 1. Inputs: a. Contact closure. b. Current: 5 mA maximum. c. Connection Type: Terminal strip. d. Wire Size: 14 to 24 AWG. e. Maximum Distance: 700 ft. 2. Outputs: a. Contact Type: Form C (SPDT). b. Contact Rating: 2 A at 30 V(dc) or 500 mA at 125 V(ac). c. Connection Type: Terminal strip. d. Wire Size: 14 to 24 AWG. G. High Current/Voltage I/O Module: Two programmable inputs and three programmable outputs. 1. Inputs: a. Contact closure. b. Current: 5 mA maximum. c. Connection Type: Terminal strip. d. Wire Size: 14 to 24 AWG. e. Maximum Distance: 700 ft. 2. Outputs: a. Contact Type: Form C (SPDT). b. Contact Rating: 12 A at 24 V(dc), 12 A at 250 V(ac), 10 A at 277 V(ac), or 2 A at 480 V(ac). c. Connection Type: Terminal strip. d. Wire Size: 14-24 AWG. H. External Battery Supply Module: External battery to energize ATS controls when no source power is available, allowing extended engine start time delay. Connecting to one or two batteries, at 12 or 24 V(dc) with integral low external battery voltage indication to the transfer switch controller and reverse -polarity protection. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-12 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS I. Alarm Module: Integral 90 dB audible alarm horn programmable to activate under user selected fault conditions designated through user interface. Audible alarm continues until manually silenced. 1. Preferred Source Selection for three -source systems. 2. Provides alarming for non -automatic transfer switch equipped with supervised transfer accessory. 3. External alarm signal, rated 500 mA at 120 V(ac) or 250 mA at 240 V(ac). Alarm state continues until alarm condition ends. 4. Chicago Alarm Mode: Audible alarm and indicator light that activate when transfer switch is in emergency position. Audible alarm continues until manually silenced. Alarm state continues until alarm condition ends. J. Current Sensing: Measurement and display of load current on all phases with 1 percent accuracy. K. Digital Meter: Measurement and display of voltage, current, frequency, and power for both sources, including programmable visual alarms for high and low voltage and high current. A serial, RS-485 port and two auxiliary contacts for external connections and password protected programming menus. L. Engine Start Circuit Monitoring Module: Continuously monitoring for wiring faults (open or short circuits) as required by the electrical code NEC 700.10. 2.5 SOURCE QUALITY CONTROL A. For each test required by UL 1008, provide test confirmation from manufacturer for the following conditions: a. General - Normal operation. b. Overvoltage. c. Undervoltage. d. Loss of supply voltage. e. Reduction of supply voltage. f. Alternative supply voltage or frequency is at minimum acceptable values. g. Temperature rise. h. Dielectric voltage -withstand; before and after short-circuit test. i. Overload. j. Endurance. k. Short circuit Withstand. I. Short circuit Close -On. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-13 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS m. Short -time current capability. n. Insulating base and supports damage. B. Factory Tests: Test and inspect components, assembled switches, and associated equipment in accordance with UL 1008. Ensure proper operation. Check transfer time and voltage, frequency, and time -delay settings for compliance with specified requirements. C. Perform dielectric strength test complying with UL1008/CSA C22.2-178. PART 3 - EXECUTION 3.1 INSTALLATION A. Floor -Mounting Switch: Anchor to floor by bolting. 1. Install transfer switches on cast -in -place concrete equipment base(s). Comply with requirements for equipment bases and foundations specified in Section 033000 "Cast -in - Place Concrete." 2. Comply with requirements for seismic control devices specified in Section 260548.16 "Seismic Controls for Electrical Systems." 3. Coordinate size and location of concrete bases. Cast anchor -bolt inserts into bases. 4. Provide workspace and clearances required by NFPA 70. B. Annunciator and Control Panel Mounting: Flush in wall unless otherwise indicated. C. Identify components in accordance with Section 260553 "Identification for Electrical Systems." D. Set field -adjustable intervals and delays, relays, and engine exerciser clock. E. Comply with NECA 1. 3.2 CONNECTIONS A. Wiring to Remote Components: Match type and number of cables and conductors to generator sets, control, and communication requirements of transfer switches as recommended by manufacturer. Increase raceway sizes at no additional cost to Owner if necessary to accommodate required wiring. B. Wiring Method: Install cables in raceways and cable trays except within electrical enclosures. Conceal raceway and cables except in unfinished spaces. 1. Comply with requirements for raceways and boxes specified in Section 260533 "Raceways and Boxes for Electrical Systems." C. Wiring within Enclosures: Bundle, lace, and train conductors to terminal points with no excess and without exceeding manufacturer's limitations on bending radii. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-14 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS D. Ground equipment in accordance with Section 26 04 50 "Grounding." E. Route and brace conductors in accordance with manufacturer's written instructions. Do not obscure manufacturer's markings and labels. F. Final connections to equipment to be made with liquid tight, flexible metallic conduit no more than 18 inches in length. 3.3 FIELD QUALITY CONTROL A. Administrant for Tests and Inspections: 1. Owner will engage qualified testing agency to administer and perform tests and inspections. 2. Engage qualified testing agency to administer and perform tests and inspections. 3. Engage factory -authorized service representative to administer and perform tests and inspections on components, assemblies, and equipment installations, including connections. 4. Administer and perform tests and inspections with assistance of factory -authorized service representative. B. Tests and Inspections: 1. After installing equipment, test for compliance with requirements in accordance with N ETA ATS. 2. Visual and Mechanical Inspection: a. Compare equipment nameplate data with Drawings and Specifications. b. Inspect physical and mechanical condition. c. Inspect anchorage, alignment, grounding, and required clearances. d. Verify that the unit is clean. e. Verify appropriate lubrication on moving current -carrying parts and on moving and sliding surfaces. f. Verify that manual transfer warnings are attached and visible. g. Verify tightness of all control connections. h. Inspect bolted electrical connections for high resistance using one of the following methods, or both: 1) Use of low -resistance ohmmeter. 2) Verify tightness of accessible bolted electrical connections by calibrated torque -wrench method in accordance with manufacturer's published data. i. Perform manual transfer operation. j. Verify positive mechanical interlocking between normal and alternate sources. k. Perform visual and mechanical inspection of surge arresters. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-15 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS I. Inspect control power transformers. 1) Inspect for physical damage, cracked insulation, broken leads, tightness of connections, defective wiring, and overall general condition. 2) Verify that primary and secondary fuse or circuit -breaker ratings match Drawings. 3) Verify correct functioning of drawout disconnecting contacts, grounding contacts, and interlocks. 3. Electrical Tests: a. Perform insulation -resistance tests on all control wiring with respect to ground. b. Perform a contact/pole-resistance test. Compare measured values with manufacturer's acceptable values. c. Verify settings and operation of control devices. d. Calibrate and set all relays and timers. e. Verify phase rotation, phasing, and synchronized operation. f. Perform automatic transfer tests. g. Verify correct operation and timing of the following functions: 1) Normal source voltage -sensing and frequency -sensing relays. 2) Engine start sequence. 3) Time delay on transfer. 4) Alternative source voltage -sensing and frequency -sensing relays. 5) Automatic transfer operation. 6) Interlocks and limit switch function. 7) Time delay and retransfer on normal power restoration. 8) Engine cool -down and shutdown feature. 4. Measure insulation resistance phase -to -phase and phase -to -ground with insulation - resistance tester. Include external annunciation and control circuits. Use test voltages and procedure recommended by manufacturer. Comply with manufacturer's specified minimum resistance. a. Check for electrical continuity of circuits and for short circuits. b. Inspect for physical damage, proper installation and connection, and integrity of barriers, covers, and safety features. c. Verify that manual transfer warnings are properly placed. d. Perform manual transfer operation. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-16 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 5. After energizing circuits, perform each electrical test for transfer switches stated in NETA ATS and demonstrate interlocking sequence and operational function for each switch at least three times. a. Simulate power failures of normal source to ATS and retransfer from emergency source with normal source available. b. Simulate loss of phase -to -ground voltage for each phase of normal source. c. Verify time -delay settings. d. Verify pickup and dropout voltages by data readout or inspection of control settings. e. Test bypass/isolation unit functional modes and related automatic transfer -switch operations. f. Perform contact -resistance test across main contacts and correct values exceeding 500 microhms and values for one pole deviating by more than 50 percent from other poles. g. Verify proper sequence and correct timing of automatic engine starting, transfer time delay, retransfer time delay on restoration of normal power, and engine cool - down and shutdown. 6. Ground -Fault Tests: Coordinate with testing of ground -fault protective devices for power delivery from both sources. a. Verify grounding connections and locations and ratings of sensors. C. Coordinate tests with tests of generator and run them concurrently. D. Report results of tests and inspections in writing. Record adjustable relay settings and measured insulation and contact resistances and time delays. Attach a label or tag to each tested component indicating satisfactory completion of tests. E. Prepare test and inspection reports. F. Infrared Scanning: After Substantial Completion, but not more than 60 days after Final Acceptance, perform an infrared scan of each switch. Remove all access panels so joints and connections are accessible to portable scanner. 1. Instrument: Use an infrared scanning device designed to measure temperature or to detect significant deviations from normal values. Provide calibration record for device. 2. Record of Infrared Scanning: Prepare a certified report that identifies switches checked and that describes scanning results. Include notation of deficiencies detected, remedial action taken, and observations after remedial action. 3. Follow-up Infrared Scanning: Perform an additional follow-up infrared scan of each switch 11 months after date of Substantial Completion. Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-17 Docusign Envelope ID: 255C234A-CBA0-4D36-A958-9FF24BBA4DA4 CONFORMED SPECIFICATIONS 3.4 DEMONSTRATION A. Train Owner's maintenance personnel to adjust, operate, and maintain transfer switches and related equipment. B. Training includes testing ground -fault protective devices and instructions to determine when the ground -fault system will be retested. Include instructions on where ground -fault sensors are located and how to avoid negating the ground -fault protection scheme during testing and circuit modifications. C. Coordinate this training with that for generator equipment. END OF SECTION 26 36 00 Transfer Switches Project Name: Central Kitchen Generator (CDBG) Project Number: 852305F 263600-18 0 0 SC p p Hrc: °1 0 7, OH M 'a, 65 73 z $ c o rr, 8. ,WV31 NOIS30 103fM,Id 1111111111.111111111111.111:1/ .111111111111 Er A, gra Nu Iv a %/14,, or Imam ;01, 41 It I111111111 III I 0 0 M Z (1°Z) 0 r- Z (/) 0 2 r" M m Z m z c Fib -;1! z 5;7> ,.000 C .=0 C) C) o 0 co co r- mrowa Cs In rn rn1 iT000ST rr: 00 t?"rnrnmni S Cs 2•3 2 z4 L5OTTE COO SWIM n {nrann—' MARIN= o SilV.L30 S Ntnci 80.1W3N30 p Cs 2 VT HO OH -co 2 1 m crom, o 6. z rry 1 Co z CA 8 :2 Z • m NOIldIHOS30 Coo I0 m Z flQ) c Zr- z P (I) X3GNI SONIMV2IG REVISION NO, DATE TV DESCRIPTION REVISION NO, DATE DV DESCRIPTION CENTRAL KITCHEN GENERATOR (CDBG) 4101 OLD BROWNSVILLE ROAD, BUILDING # BLOO2 TITLE SHEET CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services (BUCK finfiSTOS PO 60A ,95 (0.dt IIARI Y,405 .501 /804-1.1.24 FAX / 89.119 55 11 DISl� 101li11111 IIt11J1110]dY S O I S tL u U N)114) 000!AJOS 6uua0ui5u3 }uaualaodaQ SVX31 11s1dH0 snddoo JO Alio NOLLVW210dNI 1V213N30 Z0018 # DNlonlfl8 'OV021 311IASNM0218 010 [Olt (0900) 2:101V2AN30 N3HOIIN 1Vd1N30 N z r. m g � n NO1l di1OS3O A8 MVO 'ON NOISVh31 NOlid11303O AN 31VO 'ON NOISI/,3l1 CODE REVIEW ASBESTOS AND HAZARDOUS MATERIAL NOTE GENERAL ABBREVIATIONS 5 HI2P2'°z i:000 a daam�mmoouu�000�o dada 00VM 6.2n,'8 yNyNN N �z Z W C7 u! 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DATE BY DESCRIPTION iSOEZSB ! 107021d A110 CENTRAL KITCHEN GENERATOR (CDBG) 4101 OLD BROWNSVILLE ROAD, BUILDING # BLOO2 ONE -LINE DIAGRAM CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services (BUCK flnflSTOS rn IIft III [CHIP[ w reulov Leslao CONSULTANT'S SHEET T22 I PROJECT NO. 4355 8 � 11D1,41 ” "'""° 111 S 0 1 S 4 14 „nn_ 4t ao041111 � )1) 114) saowas 6uuaaup5u3 Jo }uauipodea SVX31 I1SI21HD Sfld2100 JO A110 k�*�i/,l S311103HOS l3NVd DNIISIX2 SHEET 8 of 71 RECORD DRAWING NO. PBG-917 CITY PROJECT / 852305E ZOO18 # JNIOIIl8 'OVO2i 311IASNMOH8 010 lOft (0800) HO1V1d3N10 N]H011>i 1VH±N]O NOI1d1210S30 AN 31V0 ON NOISIA321 NOI1d1N0S30 AN 3150 ON NOISIA3N witve Milk. Byxey&q ..v, v.m= 6 2 Lu o u W Y S 1 ; 55 my DE A80Z/OZT ALIN NOOK FLUSH MOUNT RENA 1 0-8 o h. 8 80 ,..mm L'A H 5 i.a II��IIII�IIII, w g w=a w Ho Y$ o= spa— EL'EMERG' IIIIII IIIIII l4Wl Ip III WW pIp III III IIUUIIYY I pp IIIIII AA..VVllll II I I Ip WW 0w.�..Gm PANEL "LK" — SECT! LA. M.LO. 208V. 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DATE BY DESCRIPTION jSOSZS'8 j 1031.08d A110 CENTRAL KITCHEN GENERATOR (CDBG) 4101 OLD BROWNSVILLE ROAD, BUILDING # BLOO2 NATURAL GAS PLAN CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services C11UCIS fl11flSTOS oieRloR DMGII S0N11,AVH0 O3 aHQ- lq UN� 31VOS O110N 31tl0S 0Ib131AJOSI SVO 1t/Hl1VN °s Engi ee ig REVISION NO. DATE BY DESCRIPTION REVISION NO. DATE BY DESCRIPTION iSO£N8 f 1031'08d uI0 CENTRAL KITCHEN GENERATOR (CDBG) 4101 OLD BROWNSVILLE ROAD, BUILDING # BLOO2 NATURAL GAS ISOMETRIC CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services CUUC1( flnflSTOS fiICAII[DIIP[ o ieRloR DMGII 7,165