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C2024-209 - 11/19/2024 - Approved
�s CONTRACT DOCUMENTS FOR CONSTRUCTION OF DR , H . C. DILWORTH PAVILION (CDBG ) PROJECT NUMBER: 852406E �o o � /r��ItPORA�w 1852 Ct1U ICU HSTOASSOCIflTfS L [ C 455 fVfPHnPT ROOD./CORPUS Cf PISTI,TX/ (561) 884-44QQ VD A JAMES C.WARG tp ONA Record Drawing Number: CP-293 , 36/20;1 #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS 0 01 00 TABLE OF CONTENTS Division/ Title Section 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 (Rev4-2022) 00 74 00 Special Conditions for CDBG (Rev 11-2024) 00 74 01 CDBG Federal Requirements for Construction Division 01 General Requirements 01 11 00 Summary of Work(Rev 10-2018) 01 23 10 Alternates and Allowances (Revs-2020) 01 29 01 Measurement and Basis for Payment(Revs-2020) 01 3301 Submittal Register(Rev 10-2018) 01 3500 Special Procedures(Rev 10-2018) 01 50 00 Temporary Facilities and Controls(Rev8-2019) 01 57 00 Temporary Controls(Rev 8-2019) Part S Standard Specifications 02 21 00 Select Material 02 56 20 Portland Cement Concrete Pavement 02 80 20 Seeding 02 80 40 Sodding 03 00 20 Portland Cement Concrete 03 20 20 Reinforcing Steel Table of Contents 00 0100- 1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F Rev 1/2022 #852406F-CONFORMED SPECIFICATIONS Division/ Title Section Part T Technical Specifications 02 23 00 Partial Site Clearing 02 56 12 Concrete Sidewalks 02 70 20 Construction Surveying 02 76 40 Concrete Paving Joint Sealants 03 20 00 Concrete Reinforcement 03 30 00 Cast-In-Place Concrete 03 37 00 Concrete Curing 05 50 00 Metal Fabrication 07 60 00 Flashing and Sheet Metal 26 00 10 Special Provision for Electrical Work 26 01 11 Conduit and Fittings 26 01 20 Wire and Cable 600 V and Under 26 01 31 Junction and Pull Boxes 26 01 34 Outlet Boxes 26 05 01 Lighting Fixtures 26 09 96 Electrical Systems Startup and Commissioning 31 22 13 Site Grading Appendix All Testing Reports as Applicable 1 Geotech Report END OF SECTION Table of Contents 00 0100-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F Rev 1/2022 #852406F-CONFORMED SPECIFICATIONS 00 01 02 LIST OF DRAWINGS Sheet No. Description Consultant's Sheet No. GENERAL 1 Title Sheet T1 2 General Information AG1.1 3 Accessible Data Sheet 01 AG1.2 4 Accessible Data Sheet 02 AG1.3 5 Sidewalk Standard Details AG1.4 6 Concrete Pavement Standard Details AG1.5 CIVIL 7 Existing Conditions &Topography Plan C2.0 ARCHITECTURAL 8 Site Plan A1.1 9 Pavilion Plan & Exterior Elevations A2.1 10 Roof Plan & Details A3.1 STRUCTURAL 11 Structural Notes S1.0 12 Foundation Plan/Inspections S2.0 13 Foundation Details S3.0 ELECTRICAL 14 Electrical Site Plan E1.0 END OF SECTION List of Drawings 00 0102- 1 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS �s ACORa CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/26/2024 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 CONTACT NAME: SOfle Raper Higginbotham Insurance Agency, Inc. PHONE FAx PO Box 870 A/C No Ext: 361-561-2195 AC, c No:361-844-0101 Corpus Christi TX 78403-0870 ADDRESS: certificates-cr@higginbotham.net INSURER(S)AFFORDING COVERAGE NAIC# License#:2081754 INSURERA:Associated Industries Insurance Company,Inc. 23140 INSURED ROCKHRA-01 INSURERB: Imperium Insurance Company 35408 Rockin H Ranch Services LLC 650 S Flournoy Rd INSURERC:Texas Mutual Insurance Company 22945 Alice TX 78332 INSURERD: INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER:80614823 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY AES1245764 00 11/27/2024 11/27/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP(Any one person) $Excluded PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY L/'-1 PRO LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY ILR18-02176-00 11/27/2024 11/27/2025 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLALIAB X OCCUR EXA125376800 11/27/2024 11/27/2025 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ $ C WORKERS COMPENSATION 0001296114 10/24/2024 10/24/2025 X PER oTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? FYJ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Manager PO Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ROCKHRA-01 LOC#: ACC o ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Higginbotham Insurance Agency, Inc. Rockin H Ranch Services LLC 650 S Flournoy Rd POLICY NUMBER Alice TX 78332 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 GENERAL LIABILITY POLICY(Only when there is a written contract between the insured and certificate holder that requires such status) -CG2010 07/04-Additional Insured-Owners,Lessees or Contractors-Scheduled Person or Organization-Blanket,as require by written contract -CG2037 07/04-Additional Insured-Owners,Lessees or Contractors-Scheduled Person or Organization-Completed Operations-Blanket,as require by written contract -CG2404 05/09-Waiver of Transfer of Rights of Recovery Against Others to Us-Blanket,as required by written contract -NXGL009 08/09-Primary and Non-Contributing Insurance(Third-Party)as required by written contract -NXGL093 08/09-Amendment-Aggregate Limits of Insurance(Per Project)-Subject to Overall Policy Aggregate Limit:$5,000,000,as required by written contract -AESGL226 04/18-Notice of Cancellation-Designated Entity-Blanket 30 days,as required by written contract AUTOMOBILE LIABILITY POLICY(Only when there is a written contract between the insured and certificate holder that requires such status) -Blanket Additional Insured,as required by written contract -Blanket Waiver of Subrogation,as required by written contract -30 Days Notice of Cancellation,as required by written contract WORKERS'COMPENSATION POLICY(Only when there is a written contract between the insured and certificate holder that requires such status) -WC420304B-Texas Waiver of Our Right to Recover From Others-Blanket,as required by written contract -WC42061 -Texas Notice of Material Change(providing 30 days'notice of cancellation will be furnished to the certificate holders on file with the company except 10 days'notice of non-payment of premium),as required by written contract -WC420308-Texas Partners,Officers and Others Exclusion Endorsement-Excluding the following: -Brent Hoffman, President Umbrella Policy Follows Form by underlying insurance(General Liability,Automobile and Workers'Compensation),as required by written contract RE:Casa De Manana Center ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TW RANITERI,, INC. Surety Bonds for Contractors November 26, 2024 City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78469 RE: Bond# : GRTX67995 Description: DR. H.0 Dilworth Park Pavilion (CDBG). Project No. 852406F(24114) RFB No. 6135. Contractor: Rockin' H Ranch Services, LLC To Whom It May Concern: Enclosed are the final contract bonds for the above referenced project. The Bonds and Powers of Attorney remain undated at this time since the Contract has not been fully executed. Upon signing of the Contract, please date the Bonds and Power of Attorney with the same date as the Contract. Should you have any questions, please feel free to call. Sincerely, ri!✓:W Kenneth D. Whittington Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 405-752-2600 14001 Quailbrook Drive • Oklahoma City, Oklahoma 73134 • 405/752-2600 Fax 405/749-6800 • 800/440-5953 Website:www.granitere.com .Tw GRANITERE, INC. Payment Bond CONTRACTOR: SURETY: Rockin' H Ranch Services, LLC Granite Re, Inc. 650 S. Flournoy 14001 Quailbrook Drive Alice, TX 78332 Oklahoma City, OK 73134 OWNER: City of Corpus Christi 1201 Leopard Street CORPUS CHRISTI, TX 78469 CONTRACT: Date: Amount: Two Hundred Two Thousand Seven Hundred Fifty Four Dollars And Fifty Cents ($202,754.50) Description: DR. H.0 Dilworth Park Pavilion (CDBG). Project No. 852406F(24114) RFB No. 6135. BOND: Bond#: GRTX67995 Effective Date: Amount: Two Hundred Two Thousand Seven Hundred Forty Four Dollars And Zero Cents ($202,744.00) Modification to this Bond: X�No D Yes, see last page CONTRACTOR AS PRINCIPAL SURETY Rockin' H Ranch Services, LLC Granite Re, Inc. 4PJ��— Signature: Signature: _ Name and Titl V Ob Name and Title: Kenneth D. Whittington Attorney-in-Fact 1. The Contractor and the Surety,jointly and severally, bind themselves, their heirs, executors, administrators, Successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and GR0614-15 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, or suits by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, or suits and tendered defense of such claims, demands, or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety(at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. Within a reasonable period of time after the claimant has satisfied the conditions of Paragraph 4 and after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed and earned amounts. These amounts shall only be paid if previously certified by the Architect or Engineer and paid to Contractor by Owner. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. 6. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 9. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of two years from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or(2) on which the last labor or service was performed by Claimant or the last materials or equipment were furnished by Claimant under the Construction Contract, whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. GR0614-15 11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms'labor, materials or equipment'that part of water, gas, power, light, heat, oil, gasoline, telephone, service or rental equipment used in the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of the Owner,which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 15. Principal: The individual or entity named and listed under the section of the bond titled"Contractor". This individual or entity is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Signature: Name and Title: Name and Title: GR0614-15 .Tw GRANITERE, INC. Performance Bond CONTRACTOR: SURETY: Rockin' H Ranch Services, LLC Granite Re, Inc. 650 S. Flournoy 14001 Quailbrook Drive Alice, TX 78332 Oklahoma City, OK 73134 OWNER: City of Corpus Christi 1201 Leopard Street, CORPUS CHRISTI, TX 78469 CONTRACT: Date: Amount: Two Hundred Two Thousand Seven Hundred Fifty Four Dollars And Fifty Cents ($202,754.50) Description: DR. H.0 Dilworth Park Pavilion (CDBG). Project No. 852406F(24114) RFB No. 6135. BOND: Bond#: GRTX67995 Effective Date: Amount: Two Hundred Two Thousand Seven Hundred Forty Four Dollars And Zero Cents ($202,744.00) Modification to this Bond: [X]No ❑Yes, see last page CONTRACTOR AS PRINCIPAL SURETY Rockin' H Ranch Services, LLC Granite Re, Inc. Signature: Signature: Name and Title: Name and Title: Kenneth D. Whittington Div ✓J/ GJ Attorney-in-Fact 1. The Contractor and the Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conference; as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: GR0614-16 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall within reasonable promptness and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it maybe liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety, demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner releases the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. GR0614-16 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor,which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 13. Principal: The individual or entity named and listed under the section of this bond titled Contractor. The entity or individual named as Contractor is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Signature: Name and Title: Name and Title: GR0614-16 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby,constitute and appoint: KENNETH D.WHITTINGTON;KYLE MCDONALD its true and lawful Attorney-in-Fact(s)for the following purposes,to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: KENNETH D.WHITTINGTON;KYLE MCDONALD may lawfully;do in the premises by virtue of these presents. In Witness Whereof,the said GRANITE RE,INC. has caused this instrument to be sealed with its corporate seal,duly attested by the signatures of its President and Assistant Secretary,this 31 st day;of July,2023. s r �" Kenneth D.Whittit ton,President STATE OF OKLAHOMA ) ) SS: °, / COUNTY OF OKLAHOMA ) Kyl P.McDonald,Assistant Secretary On this 31St day of July, 2023, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P.McDonald,Assistant Secretary of said Company,with both of whom I am personally acquainted,who being by me severally duly sworn, said, that they,the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE,INC.,the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation;that the seal affixed to said Power of Attorney was such corporate seal,that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary, respectively,of the Company. ,, My Commission Expires: � .; — Z (April 21,2027 g . y Notary Public Commission#. 11003620 •,+///k.. ,. �IJ/e1111="� GRANITE RE,INC. Certificate THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re,Inc.and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED,that the President, any Vice President,the Assistant Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company;in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company,the seal,or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;provided, however, that the seal shall not be necessary;to the validity of any such instrument or undertaking." IN WITNESS WHEREOF,the undersigned has subscribed.this Certificate and affixed the corporate seal of the Corporation this Kyle P cDonald,Assistant Secretary GR-40 Ed.06-24 State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. GRTX67995 In accordance with Section 2253.021(f)of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s)should be sent to: Granite Re,Inc. Claims Department 14001 Quailbrook Drive Oklahoma City, OK 73134 Telephone(405)752-2600 ,�yyUS v �N�OgPORPtE� 1852 00 52 23 AGREEMENT This Agreement, for the Project awarded on November 19, 2024 is between the City of Corpus Christi (Owner) and Rockin' h Ranch Services, LLC(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: Proiect Name: Dr. H.C. Dilworth Pavilion (CDBG) Proiect Number: 852406F 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 120 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 150 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. Agreement 00 52 23- 1 Dr. H.C. Dilworth Pavilion (CDBG) Project#852046F Rev 12/2021 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 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 202,754.50 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 00 52 23-2 Dr. H.C. Dilworth Pavilion (CDBG) Project#852046F Rev 12/2021 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made,and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement 00 52 23-3 Dr. H.C. Dilworth Pavilion (CDBG) Project#852046F Rev 12/2021 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 00 52 23-4 Dr. H.C. Dilworth Pavilion (CDBG) Project#852046F Rev 12/2021 ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts,vouchers,memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Solicitation documents. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 00 52 23-5 Dr. H.C. Dilworth Pavilion (CDBG) Project#852046F Rev 12/2021 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI S�ephvle 3-OX for 9?1s" Rebecca Huerta 12/06/2024 Jeffrey Edmonds, P.E 12/03/2024 City Secretary Director of Engineering Services M2024-171 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 11 /19/2024 9t,-� R H/S B Assistant City Attorney 12/03/2024 ATTEST(IF CORPORATION) CONTRACTOR ?A*AA_A-1 (Seal Below) By: Jennifer Hoffman Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President Vice President Chief Executive Officer, or Chief 650 S Flournoy Rd. Financial Officer Address Alice Texas 78332 City State Zip 361-701-9842 Phone Fax henna@rockkinhservices.com Email END OF SECTION Agreement 00 52 23-6 Dr. H.C. Dilworth Pavilion (CDBG) Project#852046F Rev 12/2021 CIVCAS, RFB 6135 DR. H.0 Dilworth Park Pavilion(CDBG)852406F(24114) Report Created On: 10/25/2024 7:33:40 PM BID TOTALS BASE BID Total Part A- GENERAL $41,026.25 Part B- EXISTING CONDITIONS $5,250.00 Part C- CONCRETE $43,363.00 Part D- METALS $58,514.00 Part E- ELECTRICAL $20,101.25 Part F-ALLOWANCES $34,500.00 Total $202,754.50 PartA-GENERAL No. Description Unit Qty Unit Price Ext Price Al Mobilization (Not to exceed 5%) LS 1 $7,775.00 $7,775.00 A2 General Conditions LS 1 $33,251.25 $33,251.25 Subtotal: $41,026.25 Part B- EXISTING CONDITIONS No. Description Unit Qty Unit Price Ext Price 131 Site Clearing,Stripping and Rough LS 1 $2,700.00 $2,700.00 Grading B2 Seeding/Sodding disturbed areas LS 1 $2,550.00 $2,550.00 Subtotal:$5,250.00 Part C-CONCRETE No. Description Unit Qty Unit Price Ext Price C1 Preparation for Pavilion Swlab(Earthwor CY 250 $60.48 $15,120.00 /Grading for Drainage/Select Fill, 5') C2 32'x 32'Concrete Pad for Pavilion SF 1024 $20.75 $21,248.00 C3 4"Thick Concrete Sidewalk SF 300 $16.65 $4,995.00 C4 60"x 60" Concrete Sidewalk Turnaround SF 25 $80.00 $2,000.00 Subtotal: $43,363.00 CIVCAST RFB 6135 DR. H.0 Dilworth Park Pavilion(CDBG)852406F(24114) Report Created On: 10/25/2024 7:33:40 PM Part D- METALS No. Description Unit Qty Unit Price Ext Price D1 Install new 30'x 30' Pre-engineered SF 900 $61.46 $55,314.00 Metal Building Pavilion with engineer seal on design. D2 Miscellaneous Metals LS 1 $3,200.00 $3,200.00 Subtotal: $58514.00 Part E- ELECTRICAL No. Description Unit Qty Unit Price Ext Price E1 Underground Electrical Service LF 75 $55.00 $4,125.00 E2 LED Lighting Fixtures EA 4 $570.00 $2,280.00 E3 Quad Receptacles in Bandal Resistant EA 4 $275.00 $1,100.00 Enclosures E4 Terminations LS 1 $4,198.75 $4,198.75 E5 Grounding LS 1 $4,198.75 $4,198.75 E6 Electrical Materials LS 1 $4,198.75 $4,198.75 Subtotal: $20,101.25 Part F-ALLOWANCES No. Description Unit Qty Unit Price Ext Price F1 Bonds and Insurances AL 1 $9,500.00 $9,500.00 F2 Unforeseen Conditions AL 1 $25,000.00 $25,000.00 Subtotal: $34,500.00 CIVCAS, RFB 6135 DR. H.0 Dilworth Park Pavilion(CDBG)852406F(24114) Report Created On: 10/25/2024 7:33:40 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Addendum No. 1 10/24/2024 21:15:10 PM Addenda No.2 10/24/2024 21:15:11 PM Addenda No.3 10/24/2024 21:15:11 PM CIVCAS, RFB 6135 DR. H.0 Dilworth Park Pavilion(CDBG)852406F(24114) Report Created On: 10/25/2024 7:33:40 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Plans Plans 10/24/2024 1 2:43:47 PM Invitation To Bid Invitation to Bid-RFB 6135 10/24/2024 12:44:14 PM Addenda Addendum No. 1 10/24/2024 12:44:39 PM Addenda Addenda No.2 10/24/2024 12:44:43 PM Addenda Addenda No.3 10/24/2024 12:44:47 PM BID FORM Project Name: Dr. H.C. Dilworth Pavilion(CDBG) Project Number: 8524Q6F Owner: City of Corpus Christi OAR: Joseph Johnson - Assitant Director of Constrution Designer: Chuck Anastos Associates, LLC By its signature below,Bidder accepts all of the terms and conditions of the Bid Acknowledgement,acknowledges receipt of all Addenda to the Bid and agrees,if this Bid is accepted,to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price. Bidder: �n f full legal name of Bidder) L ! Signature: (signature of person with authority to bind the Bidder) Name: (printed name of person signing Bid Form) Title: (title of person signing Bid Form) Attest: (signature) Lrj--��k-c;- State of Resi r Federal Tx ID No. ;7n — P� 1e�?7�7 Address for Notices: Phone: Email: (J� L�j • Lv Bid Form Dr, H.C. Dilworth Pavilion(CDBG) 00 30 01-Page 1 of 3 Project Number: 852406F Rev 8/2019 CONTRACT DOCUMENTS FOR CONSTRUCTION OF DR , H . C. DILWORTH PAVILION (CDBG ) PROJECT NUMBER: 852406E �o o � /r��ItPORA�w 1852 Ct1U ICU HSTOASSOCIflTfS L [ C 455 fVfPHnPT ROOD./CORPUS Cf PISTI,TX/ (561) 884-44QQ VD A JAMES C.WARG tp ONA Record Drawing Number: CP-293 , 36/20;1 #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS 0 01 00 TABLE OF CONTENTS Division/ Title Section 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 (Rev4-2022) 00 74 00 Special Conditions for CDBG (Rev 11-2024) 00 74 01 CDBG Federal Requirements for Construction Division 01 General Requirements 01 11 00 Summary of Work(Rev 10-2018) 01 23 10 Alternates and Allowances (Revs-2020) 01 29 01 Measurement and Basis for Payment(Revs-2020) 01 3301 Submittal Register(Rev 10-2018) 01 3500 Special Procedures(Rev 10-2018) 01 50 00 Temporary Facilities and Controls(Rev8-2019) 01 57 00 Temporary Controls(Rev 8-2019) Part S Standard Specifications 02 21 00 Select Material 02 56 20 Portland Cement Concrete Pavement 02 80 20 Seeding 02 80 40 Sodding 03 00 20 Portland Cement Concrete 03 20 20 Reinforcing Steel Table of Contents 00 0100- 1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F Rev 1/2022 #852406F-CONFORMED SPECIFICATIONS Division/ Title Section Part T Technical Specifications 02 23 00 Partial Site Clearing 02 56 12 Concrete Sidewalks 02 70 20 Construction Surveying 02 76 40 Concrete Paving Joint Sealants 03 20 00 Concrete Reinforcement 03 30 00 Cast-In-Place Concrete 03 37 00 Concrete Curing 05 50 00 Metal Fabrication 07 60 00 Flashing and Sheet Metal 26 00 10 Special Provision for Electrical Work 26 01 11 Conduit and Fittings 26 01 20 Wire and Cable 600 V and Under 26 01 31 Junction and Pull Boxes 26 01 34 Outlet Boxes 26 05 01 Lighting Fixtures 26 09 96 Electrical Systems Startup and Commissioning 31 22 13 Site Grading Appendix All Testing Reports as Applicable 1 Geotech Report END OF SECTION Table of Contents 00 0100-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F Rev 1/2022 #852406F-CONFORMED SPECIFICATIONS 00 01 02 LIST OF DRAWINGS Sheet No. Description Consultant's Sheet No. GENERAL 1 Title Sheet T1 2 General Information AG1.1 3 Accessible Data Sheet 01 AG1.2 4 Accessible Data Sheet 02 AG1.3 5 Sidewalk Standard Details AG1.4 6 Concrete Pavement Standard Details AG1.5 CIVIL 7 Existing Conditions &Topography Plan C2.0 ARCHITECTURAL 8 Site Plan A1.1 9 Pavilion Plan & Exterior Elevations A2.1 10 Roof Plan & Details A3.1 STRUCTURAL 11 Structural Notes S1.0 12 Foundation Plan/Inspections S2.0 13 Foundation Details S3.0 ELECTRICAL 14 Electrical Site Plan E1.0 END OF SECTION List of Drawings 00 0102- 1 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS .bus cgs_ v �NOORPORPSE� 1852 00 52 23 AGREEMENT This Agreement, for the Project awarded on [insert Award Date], is between the City of Corpus Christi (Owner) and (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Protect Number: 852406F 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 120 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 150 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. Agreement 00 52 23- 1 Dr. H.C. Dilworth Pavilion (CDBG) Project#852046F Rev 12/2021 #852406F-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 forfinal payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 00 52 23-2 Dr. H.C. Dilworth Pavilion (CDBG) Project#852046F Rev 12/2021 #852406F-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 5.02.13, less the total of payments previously made,and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement 00 52 23-3 Dr. H.C. Dilworth Pavilion (CDBG) Project#852046F Rev 12/2021 #852406F-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 00 52 23-4 Dr. H.C. Dilworth Pavilion (CDBG) Project#852046F Rev 12/2021 #852406F-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 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 00 52 23-5 Dr. H.C. Dilworth Pavilion (CDBG) Project#852046F Rev 12/2021 #852406F-CONFORMED SPECIFICATIONS ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Jeffrey Edmonds, P.E City Secretary Director of Engineering Services AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President Vice President, Chief Executive Officer, or Chief Financial Officer Address City State Zip Phone Fax Email END OF SECTION Agreement 00 52 23-6 Dr. H.C. Dilworth Pavilion (CDBG) Project#852046F Rev 12/2021 #852406F-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 Article2—Preliminary Matters...................................................................................................................16 2.01 Delivery of Bonds and Evidence of Insurance.............................................................................16 2.02 Copies of Documents..................................................................................................................16 2.03 Project Management System......................................................................................................16 2.04 Before Starting Construction ......................................................................................................17 2.05 Preconstruction Conference; Designation of Authorized Representatives................................17 Article 3—Contract Documents: Intent, Requirements, Reuse.................................................................17 3.01 Intent...........................................................................................................................................17 3.02 Reference Standards...................................................................................................................18 3.03 Reporting and Resolving Discrepancies......................................................................................19 3.04 Interpretation of the Contract Documents.................................................................................20 3.05 Reuse of Documents...................................................................................................................20 Article 4—Commencement and Progress of the Work..............................................................................20 4.01 Commencement of Contract Times; Notice to Proceed.............................................................20 4.02 Starting the Work........................................................................................................................20 4.03 Progress Schedule.......................................................................................................................21 4.04 Delays in Contractor's Progress..................................................................................................21 Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions...................................................................................................................................................22 5.01 Availability of Lands....................................................................................................................22 5.02 Use of Site and Other Areas........................................................................................................22 5.03 Subsurface and Physical Conditions............................................................................................23 5.04 Differing Subsurface or Physical Conditions...............................................................................24 5.05 Underground Facilities................................................................................................................25 5.06 Hazardous Environmental Conditions at Site .............................................................................26 Article 6—Bonds and Insurance .................................................................................................................28 6.01 Performance, Payment, and Other Bonds..................................................................................28 General Conditions 00 72 00-1 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-2 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-3 Corpus Christi Standards Rev 6/2021 #852406F-CONFORMED SPECIFICATIONS 12.04 Substitutions...........................................................................................................................55 Article13—Claims.......................................................................................................................................56 13.01 Claims......................................................................................................................................56 13.02 Claims Process.........................................................................................................................57 Article 14—Prevailing Wage Rate Requirements.......................................................................................58 14.01 Payment of Prevailing Wage Rates.........................................................................................58 14.02 Records....................................................................................................................................58 14.03 Liability; Penalty; Criminal Offense.........................................................................................59 14.04 Prevailing Wage Rates.............................................................................................................59 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................59 15.01 Cost of the Work.....................................................................................................................59 15.02 Allowances..............................................................................................................................63 15.03 Unit Price Work.......................................................................................................................63 15.04 Contingencies..........................................................................................................................64 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................65 16.01 Access to Work........................................................................................................................65 16.02 Tests, Inspections and Approvals............................................................................................65 16.03 Defective Work .......................................................................................................................65 16.04 Acceptance of Defective Work................................................................................................66 16.05 Uncovering Work....................................................................................................................66 16.06 Owner May Stop the Work.....................................................................................................67 16.07 Owner May Correct Defective Work.......................................................................................67 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period ........................................67 17.01 Progress Payments..................................................................................................................67 17.02 Application for Payment.........................................................................................................69 17.03 Schedule of Values..................................................................................................................71 17.04 Schedule of Anticipated Payments and Earned Value............................................................72 17.05 Basis for Payments..................................................................................................................73 17.06 Payment for Stored Materials and Equipment.......................................................................73 17.07 Retainage and Set-Offs ...........................................................................................................74 17.08 Procedures for Submitting an Application for Payment.........................................................74 17.09 Responsibility of Owner's Authorized Representative...........................................................75 17.10 Contractor's Warranty of Title................................................................................................76 General Conditions 00 72 00-4 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-5 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-6 Corpus Christi Standards Rev 6/2021 #852406F-CONFORMED SPECIFICATIONS 24.03 Contractor's Responsibilities ................................................................................................104 24.04 Document Submittal.............................................................................................................105 24.05 Document Numbering ..........................................................................................................105 24.06 Document Requirements......................................................................................................106 Article25—Shop Drawings.......................................................................................................................107 25.01 Work Included.......................................................................................................................107 25.02 Quality Assurance .................................................................................................................107 25.03 Contractor's Responsibilities ................................................................................................107 25.04 Shop Drawing Requirements ................................................................................................109 25.05 Special Certifications and Reports........................................................................................109 25.06 Warranties and Guarantees..................................................................................................110 25.07 Shop Drawing Submittal Procedures....................................................................................110 25.08 Sample and Mockup Submittal Procedures..........................................................................112 25.09 Equal Non Specified Products...............................................................................................113 25.10 Requests for Deviation..........................................................................................................113 25.11 Designer Responsibilities......................................................................................................114 25.12 Resubmission Requirements.................................................................................................116 Article26—Record Data...........................................................................................................................117 26.01 Work Included.......................................................................................................................117 26.02 Quality Assurance .................................................................................................................117 26.03 Contractor's Responsibilities ................................................................................................117 26.04 Record Data Requirements...................................................................................................118 26.05 Special Certifications and Reports........................................................................................118 26.06 Warranties and Guarantees..................................................................................................119 26.07 Record Data Submittal Procedures.......................................................................................119 26.08 Designer's Responsibilities....................................................................................................120 Article 27—Construction Progress Schedule............................................................................................121 27.01 Requirements........................................................................................................................121 27.02 Document Submittal.............................................................................................................121 27.03 Schedule Requirements........................................................................................................121 27.04 Schedule Revisions................................................................................................................123 27.05 Float Time..............................................................................................................................123 Article 28—Video and Photographic documentation ..............................................................................124 General Conditions 00 72 00-7 Corpus Christi Standards Rev 6/2021 #852406F-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 Article30-Miscellaneous........................................................................................................................128 30.01 Computation of Times...........................................................................................................128 30.02 Owner's Right to Audit Contractor's Records.......................................................................128 30.03 Independent Contractor.......................................................................................................129 30.04 Cumulative Remedies ...........................................................................................................129 30.05 Limitation of Damages..........................................................................................................129 30.06 No Waiver.............................................................................................................................129 30.07 Severability............................................................................................................................129 30.08 Survival of Obligations ..........................................................................................................130 30.09 No Third Party Beneficiaries .................................................................................................130 30.10 Assignment of Contract.........................................................................................................130 30.11 No Waiver of Sovereign Immunity........................................................................................130 30.12 Controlling Law.....................................................................................................................130 30.13 Conditions Precedent to Right to Sue...................................................................................130 30.14 Waiver of Trial by Jury...........................................................................................................130 30.15 Attorney Fees........................................................................................................................130 30.16 Compliance with Laws...........................................................................................................131 30.17 Enforcement..........................................................................................................................131 30.18 Subject to Appropriation.......................................................................................................131 30.19 Contract Sum.........................................................................................................................131 30.20 Contractor's Guarantee as Additional Remedy....................................................................131 General Conditions 00 72 00-8 Corpus Christi Standards Rev 6/2021 #852406F-CONFORMED SPECIFICATIONS 30.21 Notices. .................................................................................................................................131 General Conditions 00 72 00-9 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-10 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-11 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-12 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-13 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-14 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-15 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-16 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-17 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-18 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-19 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-20 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-21 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-22 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-23 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-24 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-25 Corpus Christi Standards Rev 6/2021 #852406F-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 11.0S 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 00 72 00-26 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-27 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-28 Corpus Christi Standards Rev 6/2021 #852406F-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-Vill 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 00 72 00-29 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-30 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-31 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-32 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-33 Corpus Christi Standards Rev 6/2021 #852406F-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 bythe OPT, named insureds,or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. General Conditions 00 72 00-34 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-35 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-36 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-37 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-38 Corpus Christi Standards Rev 6/2021 #852406F-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 17.01.13 7.03 Services, Materials, and Equipment A. Provide services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work, whether or not these items are specifically called for in the Contract Documents. B. Provide new materials and equipment to be incorporated into the Work. Provide special warranties and guarantees required by the Contract Documents. Provide satisfactory evidence, including reports of required tests, as to the source, kind, and quality of materials and equipment as required by the Contract Documents or as requested by the OAR. C. Store, apply, install, connect, erect, protect, use, clean, and condition materials and equipment in accordance with instructions of the applicable Supplier, unless otherwise required by the Contract Documents. 7.04 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. All Subcontractors and Suppliers must be acceptable to Owner. B. Contractor must retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required to do so by the Contract Documents. C. Submit a list of proposed Subcontractors and Suppliers to OAR prior to entering into binding subcontracts or purchase orders. These proposed Subcontractors or Suppliers are deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 30 days after receiving this list. Under no circumstances shall any Subcontractor debarred under Chapter 41 of The Code of Ordinances, City of Corpus Christi, be deemed acceptable to Owner. D. Contractor is not required to retain Subcontractors,Suppliers,or other individuals or entities to furnish or perform part of the Work after the Effective Date of the Contract if Contractor has reasonable objection. E. Owner may require the replacement of Subcontractors, Suppliers, or other individuals or entities retained by the Contractor. Provide an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. Owner also may require Contractor to retain specific replacements, subject to Contractor's reasonable objections. General Conditions 00 72 00-39 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-40 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-41 Corpus Christi Standards Rev 6/2021 #852406F-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.B caused by Contractor's Team. Pay remediation costs unless the damage or loss is: 1. Attributable to the fault of the Contract Documents; 2. Attributable to acts or omissions of OPT; or 3. Not attributable to the actions or failure to act of the Contractor's Team. E. Contractor's duties and responsibilities for safety and protection of persons or the Work or property at or adjacent to the Site continues until Work is completed and resumes whenever Contractor's Team returns to the Site to fulfill warranty or correction obligations or to conduct other tasks. General Conditions 00 72 00-42 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-43 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-44 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-45 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-46 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-47 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-48 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-49 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-50 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-51 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-52 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-53 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-54 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-55 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-56 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-57 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-58 Corpus Christi Standards Rev 6/2021 #852406F-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 15.01.1D, 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 00 72 00-59 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-60 Corpus Christi Standards Rev 6/2021 #852406F-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 SO% of the FHWA rental rates found in the Blue Book if Contractor is directed by Owner in writing to standby. Standby costs will not be allowed during periods when the equipment would otherwise have been idle. For a six-day work week, no more than eight hours per a 24-hour day, no more than 48 hours per week and no more than 208 hours per month shall be paid of standby time. Operating costs shall not be charged by Contractor. e. Rental of construction equipment, including the costs of transporting, loading, unloading, assembling, dismantling, and removing construction equipment, whether rented from Contractor or others, in accordance with rental agreements approved by Owner. Costs for rental of equipment will not be paid when the equipment is no longer necessary for the Work. Justify idle time for equipment by demonstrating that it was necessary to keep equipment on Site for related future Work; 1) The hourly rate shall be determined by dividing the actual invoice cost by the actual number of hours the equipment is involved in the Work. Owner reserves the right to limit the hourly rate to comparable Blue Book rates. 2) If Contractor is directed to standby in writing by Owner, standby costs will be paid at the invoice daily rate excluding operating costs, which includes fuel, lubricants, repairs and servicing. f. Applicable sales, consumer, use, and other similar taxes related to the Work for which the Owner is not exempt, and which Contractor pays consistent with Laws and Regulations; g. Deposits lost for causes other than negligence of Contractor's Team; h. Royalty payments and fees for permits and licenses; i. Cost of additional utilities,fuel, and sanitary facilities at the Site; j. Minor expense items directly required by the Work; and k. Premiums for Bonds and insurance required by the Contract Documents. D. The Cost of the Work does not include the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals of partnerships and sole proprietorships, general managers, safety managers, superintendents, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, clerks, and other personnel employed General Conditions 00 72 00-61 Corpus Christi Standards Rev 6/2021 #852406F-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 forthe 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 00 72 00-62 Corpus Christi Standards Rev 6/2021 #852406F-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 15.05.13.1 through 15.05.13.5, inclusive when both additions and credits are involved in any one change. F. Establish and maintain records in accordance with generally accepted accounting practices and submit these records, including an itemized cost breakdown together with supporting data, in a form and at intervals acceptable to OAR whenever the Cost of the Work is to be determined pursuant to this Paragraph 15.01. 15.02 Allowances A. Include allowances specified in the Contract Documents in the Contract Price and provide Work covered by the allowance as authorized by the Owner through the OAR. B. Contractor agrees that: 1. The cash allowance is used to compensate the Contractor for the cost of furnishing materials and equipment for the Work covered by the allowance item in the Contract Documents. Cost may include applicable taxes. Make provisions for trade discounts, rebates, and refunds and reduce the allowance costs by these amounts. 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances; and 3. Costs for cash allowances and installation costs as described in Paragraphs 15.02.13.1 and 15.02.13.2 above are included in the Contract Price. C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by Contractor for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by Contractor for Work covered by the allowance and this Work is included on the Application for Payment. 15.03 Unit Price Work A. The initial Contract Price for Unit Price Work is equal to the sum of the unit price line items in the Agreement. Each unit price line item amount is equal to the product of the unit price for each line item times the estimated quantity of each item as indicated in the Contract. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparing Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work are to be based on actual quantities measured for Work in place. C. Each unit price is deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. OAR is to determine the actual quantities and classifications of Unit Price Work performed by Contractor to be incorporated into each Application for Payment. OAR's decision on actual quantities is final and binding, subject to the provisions of Paragraph 15.03.E. General Conditions 00 72 00-63 Corpus Christi Standards Rev 6/2021 #852406F-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 bythe Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. General Conditions 00 72 00-64 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-65 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-66 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-67 Corpus Christi Standards Rev 6/2021 #852406F-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; g. Liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or completion of the Work; h. Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of these Liens; i. Failure to submit up-to-date record documents as required by the Contract Documents; j. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; k. Failure to provide Project photographs required by the Contract Documents; I. Failure to provide Certified Payroll required by the Contract Documents; General Conditions 00 72 00-68 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-69 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-70 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-71 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-72 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-73 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-74 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-75 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-76 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-77 Corpus Christi Standards Rev 6/2021 #852406F-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 17.17.13 corrected if Contractor does not comply with the terms of OAR's instructions, or in an emergency where delay would cause serious risk of loss or damage. General Conditions 00 72 00-78 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-79 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-80 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-81 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-82 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-83 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-84 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-85 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-86 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-87 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-88 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-89 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-90 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-91 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-92 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-93 Corpus Christi Standards Rev 6/2021 #852406F-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; g. Provide adequate quantities of representative products to be tested to the laboratory at the designated locations; General Conditions 00 72 00-94 Corpus Christi Standards Rev 6/2021 #852406F-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 k. Make Contract Documents available to testing agencies when requested. 5. Provide safe access for all inspection and testing activities, including those to be conducted as part of the OPT's Quality Management Program. 6. Document Defective Work through Certified Test Reports and Defective Work Notices. Document that corrective actions have been taken to correct any defects and that corrected Work is in compliance with the Contract Documents. 7. Apply quality control measures to documentation provided for the Project. 8. Implement countermeasures to prevent future Defective Work. C. Perform tests as indicated in this and other Sections of the Specifications. Technical Specifications govern if any testing and inspection requirements of this Section conflict with the testing and inspection requirements of the technical Specifications. D. All verification testing is to be observed by the OAR or designated representative. E. Send test reports to the OAR and the Designer. F. Provide an update on quality control activities at monthly progress meetings. G. Owner will withhold payment for Defective Work, or Work that has not been tested or inspected in accordance with the Contractor's Quality Control Plan,the OPT's Quality Control Program, or the Contract Documents. H. Owner will withhold payment for additional testing fees incurred due to Contractor noncompliance with OPT's Quality Control Program, including retesting fees, standby time, cancellation charges, and trip fees for retesting or cancellations. I. Work performed that is connected or adjacent to Defective Work or Work that would have to be removed to correct Defective Work is also considered to be Defective. Contractor is responsible for all cost with replacing any acceptable Work that must be removed or might be damaged by corrective actions. 21.02 Quality Management Activities by OPT A. OPT will perform its own quality assurance tests independent of the Contractor's Quality Control Program. Assist the OPT and testing organizations in performing quality assurance activities per Paragraph 21.01. B. Quality assurance testing performed by the OPT will be paid for by the Owner, except for verification testing required per Paragraph 21.07. C. Quality assurance activities of the OPT, through their own forces or through contracts with consultants and materials testing laboratories are for the purpose of monitoring the results of the Contractor's Work to see that it is in compliance with the requirements of the Contract Documents. Quality assurance activities or non-performance of quality assurance activities by the OPT do not: General Conditions 00 72 00-95 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-96 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-97 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-98 Corpus Christi Standards Rev 6/2021 #852406F-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. Persons responsible for each test, and f. Applicable industry testing standards and laboratory facilities to be used for the test; 6. Integrate the OPT quality assurance testing into the Contractor's Quality Control Plan, specifically identifying the tests or inspections in Paragraph 21.11.13.5 that will be provided by the OPT as part of their Quality Management Program; 7. Procedures for tracking and documenting quality management efforts. 8. Procedures for tracking Defective Work from initial identification through acceptable corrective action. Indicate how documentation of the verification process for deficiencies will be made. 9. Reporting procedures which incorporate the use of forms provided by the OAR. 10. The name of the proposed testing laboratories along with documentation of qualifications per Paragraph 21.04. C. The Quality Control Manager must have authority to reject Defective Work and redirect the efforts of the Contractor's Team to prevent or correct Defective Work. D. Notify the Designer of any changes to the Contractor's Quality Control Plan or quality control personnel. General Conditions 00 72 00-99 Corpus Christi Standards Rev 6/2021 #852406F-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. j. Do not move to the next phase unless results of investigations required for the planning phase indicate that requirements have been met. 2. Work Phase: Complete this phase after the Planning Phase: a. Notify the OAR at least 24 hours in advance of beginning the Work and discuss the review of the planning effort to indicate that requirements have been met. b. Check the Work to ensure that it is in full compliance with the Contract Documents. General Conditions 00 72 00-100 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-101 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-102 Corpus Christi Standards Rev 6/2021 #852406F-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 workforce 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 00 72 00-103 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-104 Corpus Christi Standards Rev 6/2021 #852406F-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. g. Use software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. h. Add footers to each document with the Project name. 24.05 Document Numbering A. Assign a number to the documents originated to allow tracking of the documents during the review process. 1. Assign the number consisting of a prefix, a sequence number, and a letter suffix. Prefixes shall be as follows: Prefix Description Originator AP Application for Payment Contractor CO Change Order OAR CID Change Proposal Contractor CTR Certified Test Report Contractor FO Field Order OAR NBC Notification by Contractor Contractor PD Photographic Documentation Contractor General Conditions 00 72 00-105 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-106 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-107 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-108 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-109 Corpus Christi Standards Rev 6/2021 #852406F-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. g. Use software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. h. Add footers to each document with the Project name. General Conditions 00 72 00-110 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-111 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-112 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-113 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-114 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-115 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-116 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-117 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-118 Corpus Christi Standards Rev 6/2021 #852406F-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. g. Use software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. h. Add footers to each document with the Project name. 3. Submit each specific product, class of material, or product separately so these can be tracked and processed independently. Do not submit Record Data for more than one system in the same Record Data. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Record Data. General Conditions 00 72 00-119 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-120 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-121 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-122 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-123 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-124 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-125 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-126 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-127 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-128 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-129 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-130 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-131 Corpus Christi Standards Rev 6/2021 #852406F-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 00 72 00-132 Corpus Christi Standards Rev 6/2021 #852406F-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 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. b. 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 4.04.1) 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 00 73 00- 1 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 3/2023 #852406F-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 9rain 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 A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. a. Geotechnical Reports include the following:Geotechnical Engineering Report—Dr. H.C. Dilworth Park Pavilion (CDBG), Published by UES, Publish date is June 25, 2024 - The Contractor may rely on the following Technical Data in using this document: 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. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner. Supplementary Conditions 00 73 00-2 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 3/2023 #852406F-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 $1,000,000 Per Occurrence S. Contractual Liability $2,000,000 Aggregate 6. Independent Contractors 7. Personal &Advertising Injury Business Automobile Liability-Owned, Non- $500,000 Combined Single Limit Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability / $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation > 5 ft or asbestos present Builder's Risk(All Perils including Collapse) Coverage limit shall be in the amount of the total cost of the project. Required for vertical structures and bridges ■ Required ❑ Not Required Installation/Equipment Floater Equal to Contract Price Required if installing city-owned equipment or storing contractor equipment on city- ❑ Required Not Required owned property Supplementary Conditions 00 73 00-3 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 3/2023 #852406F-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." Supplementary Conditions 00 73 00-4 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 3/2023 #852406F-CONFORMED SPECIFICATIONS 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) "General Decision Number:TX20240288 01/05/2024 Superseded General Decision Number:TX20230288 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)(1). I If the contract is entered into on or after I Executive Order 14026 generally applies to January 30, 2022,or the contract is renewed I the contract. The contractor must pay all Ior extended (e.g., an option is exercised)on I covered workers at least$17.20 per hour or after January 30, 2022: I (or the applicable wage rate listed on this I I I wage determination, if it is higher)for all hours spent performing on the contract I I in 2024 I I I I If the contract was awarded on or between I Executive Order 13658 generally applies January 1, 2015 and January 29, 2022, and I to the contract. The contractor must pay Ithe contract is not renewed or extended on I all covered workers at least$12.90 per hour or after January 30, 2022: I per hour(or the applicable wage rate listed I on this wage determination, if it is higher) I I for all hours spent performing on that I I I contract in 2024. I Supplementary Conditions 00 73 00-5 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 3/2023 #852406F-CONFORMED SPECIFICATIONS 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. 0 01/05/2024 BOIL0074-003 07/01/2023 Rates Fringes BOILERMAKER $37.00 24.64 Modification Number Publication Date ------------------------------------------------------------------------------------ ELECO278-002 08/27/2023 Rates Fringes ELECTRICIAN $29.50 8.94 ------------------------------------------------------------------------------------ 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 ENG10178-005 06/01/2020 ---------------------------------------------------------------- I RON0084-01106/01/2023 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 ** 0.00 INSULATOR- MECHANICAL (Duct, Pipe& Mechanical Supplementary Conditions 00 73 00-6 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 3/2023 #852406F-CONFORMED SPECIFICATIONS System Insulation) $ 19.77 7.13 IRONWORKER, REINFORCING $ 12.27 ** 0 IRONWORKER,STRUCTURAL $22.16 5.26 LABORER: Common or General $9.68** 0.00 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 METALWORKER, Excludes HVAC Duct Installations $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. Please also note that the minimum wage requirements of Executive Order Supplementary Conditions 00 73 00-7 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 3/2023 #852406F-CONFORMED SPECIFICATIONS 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies,are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care;to assist a family member(or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care;or for reasons resulting from,or to assist a family member(or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at 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 whetherthe 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 Supplementary Conditions 00 73 00-8 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 3/2023 #852406F-CONFORMED SPECIFICATIONS 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 ana. 2012 is the year of survey on which these classifications and rates are based.The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100%of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state.The next number,0010 in the example, is an internal number used in producing the wage determination.08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year,to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter?This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance(additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys,should be with the Wage and Hour 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 Supplementary Conditions 00 73 00-9 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 3/2023 #852406F-CONFORMED SPECIFICATIONS 2.) If the answer to the question in 1.) is yes,then an interested party(those affected by the action) can request review and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7).Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description,area practice material,etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable,an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board).Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION" Supplementary Conditions 00 73 00- 10 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 3/2023 #852406F-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 City Construction Inspections 361-826-3510 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 (361-826-1818 after hours) Gas Department 361-885-6900 (361-885-6942 after hours) Parks & Recreation Department 361-826-3461 Street Department 361-826-1875 City Street Div. for Traffic Signals 361-826-1610 Solid Waste & Brush 361-826-1973 IT Department (City Fiber) 361-826-1956 AEP 1-877-373-4858 AT&T 361-881-2511 (1-800-824-4424 after hours) Grande Communications 1-866-247-2633 Spectrum Communications 1-800-892-4357 Crown Castle Communications 1-888-632-0931 (Network Operations Center) Centuryl-ink 361-208-0730 Windstream 1-800-600-5050 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 Supplementary Conditions 00 73 00- 11 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 3/2023 #852406F-CONFORMED SPECIFICATIONS ARTICLE 23—MINORITY/MBD/ DBE PARTICIPATION POLICY SC-23.03 Goals A. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction Work for the Contract award shall be 1. Minority participation goal for this Project has been established to be 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 A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description 03 20 00 Concrete Reinforcement 03 30 00 Cast in Place Concrete 05 50 00 Metal Fabrication 07 60 00 Flashing and Sheet Metal 26 00 10 Special Provisions for Electrical Work 26 01 31 Junction and Pull Boxes SC-25.12 RESUBMISSION REQUIREMENTS B. Pay for excessive review of Shop Drawings. 1. Cost for additional review time will be billed to the Owner by the Designer for the actual hours required for the review of Shop Drawings by Designer and in accordance with the rates listed below: Supplementary Conditions 00 73 00- 12 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 3/2023 #852406F-CONFORMED SPECIFICATIONS ARTICLE 26—RECORD DATA SC-26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description 02 56 12 Concrete Sidewalks 02 56 20 Portland Cement Concrete Pavement 02 76 40 Concrete Paving Joint Sealants 03 00 20 Portland Cement Concrete 03 20 00 Concrete Reinforcement 03 30 00 Cast-In-Place Concrete 03 37 00 Concrete Curing 07 60 00 Flashing and Sheet Metal 26 00 10 Special Provisions for Electrical Work 26 01 11 Conduit& Fittings 26 01 20 Wire and Cable—600 Volts and Under 26 01 34 Outlet Boxes 26 05 01 Lighting Fixtures 26 09 94 Electrical Systems Startup and Commissioning Red-line as-build plans are required when project is completed SC-30.21 Notices. B. Strict compliance is required for all notice provisions in this Contract. END OF SECTION Supplementary Conditions 00 73 00- 13 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 3/2023 #852406F-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 Title Funding Agency Section Document No. 00 74 01 Federal Requirements for Construction Contracts CDBG END OF SECTION Special Conditions for CDBG 00 74 00- 1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F Rev 10/2018 #852406F-CONFORMED SPECIFICATIONS *s A 4 r� Planning and Community Development Department Federal Requirements for Construction Contracts CDBG Community Development Block Grant U.S. Department of Housing and Urban Development OF/14 CDBG Federal Requirements for Construction 00 74 01- 1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-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) • I I.-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) CDBG Federal Requirements for Construction 00 74 01-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-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. CDBG Federal Requirements for Construction 00 74 01-3 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS SECTION II CDBG FEDERAL REQUIREMENTS for Construction Contracts CDBG Federal Requirements for Construction 00 74 01-4 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS A. 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) CDBG Federal Requirements for Construction 00 74 01-5 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-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.) CDBG Federal Requirements for Construction 00 74 01-6 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-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 CDBG Federal Requirements for Construction 00 74 01-7 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 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 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. CDBG Federal Requirements for Construction 00 74 01-8 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-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: Date: Title: Company: CDBG Federal Requirements for Construction 00 74 01-9 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS SECTION III General Provisions for Contractors and Subcontractors CDBG Federal Requirements for Construction 00 74 01- 10 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS City of Corpus Christi Housing and Community Development General Provisions for Contractor and Subcomntractors TIMELINESS: Timely expenditures of CDBG funds is essential. Eligible selected bidder and his/her subcontractors shall have General Liability Insurances and Workers Compensation coverage readily available by the Pre-construction meeting date and are ready to start construction within ten (10) days of issued Notice to Proceed. Eligible selected Contractor and his/her Subcontractors are expected to promptly start construction, continue and finish construction activities in a steady and timely manner according with the approved Final Construction Schedule to be submitted by Contractor minimum of ten (10) days before start construction_ COMPLIANCE WITH CITY OF CORPUS CHRISTI, NSD & CDBG REQUIREMENTS. Contractor and Subcontractors shall comply with the requirements set forth under the CDBG requirements. The elected Contractor and his/her subcontractors also agree to comply with all applicable Federal, State and Local laws, rules and regulations, and policies governing the funds provided for this project. This project also requires compliance with City of Corpus Christi, Housing and Community Development (HCD) requirements not limited to insurance values, payment requests, project administration and project closing requirements and reporting. WEEKLY PAYROLLS - Certified Weekly Payroll and Certification Form WH-347: Originals certified payrolls shall be submitted weekly for prime contractor and all sub-contractors who have started working on the construction project. The first time a worker is shown on the payroll, his full name, address, social security number last four digits, and his work class must be entered. Notarized Authorization for Signature of Payrolls must be submitted by Prime Contractor and his/her subcontractors with the first payroll. Payroll deduction authorization must be submitted for each employee for the first time they work on the project. Originals signed weekly payroll certificates shall be seauentially 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 CDBG Federal Requirements for Construction 00 74 01- 11 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 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 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. Prio 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. CDBG Federal Requirements for Construction 00 74 01- 12 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 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 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.ei)a.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. CDBG Federal Requirements for Construction 00 74 01- 13 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 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. The Architect/ Engineer or the Owner is not authorized to issue a "Notice to Proceed" to the Contractor and/or commence construction before the City has issued a Work Order. Any work done by Contractor without the City NSD Work Order will not be processed for payment. Certification and List of requirements to issue a Work Order is included here and has to be acknowledged by signature by Prime Contractor, Agency and Architect/Engineer- EXHIBIT 11 ATTACHMENT A GENERAL INSTRUCTIONS FOR PAYMENTS - To request a payment, the Contractor shall submit proper invoices to the project Architect or Engineer (A/E); The A/E inspects and approves work done and verifies applicable Contractor's documentation, then submits the Application and Certification for Payment, signed by the Contractor and the project A/E, to the Agency with the Certified amount for payment; the Agency verifies that all requirements for that payment are in compliance and weekly payrolls submitted among other. Requires that are no outstanding issues from Contractor. Agency sends a letter requesting payment to the City NSD, including Architect Certification and Contractor's Invoice and all documentation that apply to each payment; City reviews and approves or disapproves the payment. COMMENCEMENT OF CONSTRUCTION CHECKLIST • The Prime Contractor submitted a City of Corpus Christi"Disclosure of Interest Form". • The Prime Contractor submitted a City of Corpus Christi "Certificate Regarding Lobbying "(100,000+ contracts) • The Prime Contractor and Subcontractors have been cleared from Debarment and Suspension Government list. • Construction Contract has been executed between the Agency and the Contractor. Copy submitted to NSD. • Prime Contractor has all required Bid, Performance and Payment Bonds approved as per Construction Contract. • The Prime Contractor has submitted Finalized List of Subcontractors for the job and their ID numbers . • The Prime Contractor and Subcontractors have all Workers' Compensation, and Commercial General Liability, Excess and Auto Liabilities Certificates submitted to the City, reviewed and approved by the City of Corpus Christi,Risk Management Department. CDBG Federal Requirements for Construction 00 74 01- 14 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS • 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. CDBG Federal Requirements for Construction 00 74 01- 15 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS SECTION IV Labor Statutes and Rules-Dept. of Labor • Federal Labor Standard Provisions—HUD 4010 CDBG Federal Requirements for Construction 00 74 01- 16 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS Federal Labor Standards Provisions -HUD 4010 Applicability approve an additional classification and wage rate and The Project or Program to which the construction work fringe benefits therefor only when the following criteria covered by this contract pertains is being assisted by the have been met: United States of America and the following Federal Labor (1) The work to be performed by the classification Standards Provisions are included in this Contract requested is not performed by a classification in the wage pursuant to the provisions applicable to such Federal determination; and assistance. (2) The classification is utilized in the area by the A. 1. (i) Minimum Wages. All laborers and construction industry; and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a (3) The proposed wage rate, including any bona fide week, and without subsequent deduction or rebate on any fringe benefits, bears a reasonable relationship to the account (except such payroll deductions as are permitted wage rates contained in the wage determination. by regulations issued by the Secretary of Labor under the (b) If the contractor and the laborers and mechanics to be Copeland Act(29 CFR Part 3), the full amount of wages employed in the classification (if known), or their and bona fide fringe benefits(or cash equivalents thereof) representatives, and HUD or its designee agree on the due at time of payment computed at rates not less than classification and wage rate (including the amount those contained in the wage determination of the designated for fringe benefits where appropriate), a report Secretary of Labor which is attached hereto and made a of the action taken shall be sent by HUD or its designee to part hereof, regardless of any contractual relationship the Administrator of the Wage and Hour Division, which may be alleged to exist between the contractor and Employment Standards Administration, U.S. Department such laborers and mechanics. Contributions made or costs of Labor, Washington, D.C. 20210. The Administrator, reasonably anticipated for bona fide fringe benefits under or an authorized representative, will approve, modify, or Section l(b)(2) of the Davis-Bacon Act on behalf of disapprove every additional classification action within laborers or mechanics are considered wages paid to such 30 days of receipt and so advise HUD or its designee or laborers or mechanics, subject to the provisions of 29 will notify HUD or its designee within the 30-day period CFR 5.5(a)(1)(iv); also, regular contributions made or that additional time is necessary. (Approved by the Office costs incurred for more than a weekly period (but not less of Management and Budget under OMB control number often than quarterly) under plans, funds, or programs, 12150140.) which cover the particular weekly period, are deemed to (c) In the event the contractor, the laborers or be constructively made or incurred during such weekly mechanics to be employed in the classification or their period. representatives, and HUD or its designee do not agree on Such laborers and mechanics shall be paid the appropriate the proposed classification and wage rate (including the wage rate and fringe benefits on the wage determination for the classification of work actually performed, without amount designated for fringe benefits,where appropriate), regard to skill, except as provided in 29 CFR 5.5(a)(4). HUD or its designee shall refer the questions, including Laborers or mechanics performing work in more than one the views of all interested parties and the classification may be compensated at the rate specified recommendation of HUD or its designee, to the for each classification for the time actually worked Administrator for determination. The Administrator, or therein: Provided, That the employer's payroll records an authorized representative, will issue a determination accurately set forth the time spent in each classification in within 30 days of receipt and so advise HUD or its which work is performed. The wage determination designee or will notify HUD or its designee within the (including any additional classification and wage rates 30-day period that additional time is necessary. conformed under 29 CFR 5.5(a)(1)(ii) and the Davis- Bacon poster (WH-1321) shall be posted at all times by (Approved by the Office of Management and Budget the contractor and its subcontractors at the site of the under OMB Control Number 12150140.) work in a prominent and accessible,place where it can be (d) The wage rate (including fringe benefits where easily seen by the workers. appropriate) determined pursuant to subparagraphs (ii) (a) Any class of laborers or mechanics which is not (1)(ii)(b) or (c) of this paragraph, shall be paid to all listed in the wage determination, and which is to be workers performing work in the classification under this employed under the contract shall be classified in contract from the first day on which work is performed in conformance with the wage determination. HUD shall the classification. CDBG Federal Requirements for Construction 00 74 01- 17 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS (iii) Whenever the minimum wage rate prescribed in mechanics working at the site of the work. Such records the contract for a class of laborers or mechanics includes shall contain the name, address, and social security a fringe benefit which is not expressed as an hourly rate, number of each such worker, his or her correct the contractor shall either pay the benefit as stated in the classification, hourly rates of wages paid(including rates wage determination or shall pay another bona fide fringe of contributions or costs anticipated for bona fide fringe benefit or an hourly cash equivalent thereof benefits or cash equivalents thereof of the types described (iv) if the contractor does not make payments to a in Section l(b)(2)(B) of the Davis-bacon Act), daily and trustee or other third person, the contractor may consider weekly number of hours worked, deductions made, and as part of the wages of any laborer or mechanic the actual wages paid. Whenever the Secretary of Labor has amount of any costs reasonably anticipated in providing found under 29 CFR 5.5 (a)(1)(iv) that the wages of any bona fide fringe benefits under a plan or program, laborer or mechanic include the amount of any costs Provided,That the Secretary of Labor has found,upon the reasonably anticipated in providing benefits under a plan written request of the contractor, that the applicable or program described in Section l(b)(2)(B) of the Davis- standards of the Davis-Bacon Act have been met. The Bacon Act, the contractor shall maintain records which Secretary of Labor may require the contractor to set aside show that the commitment to provide such benefits is in a separate account asset for the meeting of obligations enforceable, that the plan or program is financially under the plan or program. (Approved by the Office of responsible, and that the plan or program has been Management and Budget under OMB Control Number communicated in writing to the laborers or mechanics 1215-0140.) affected, and records which show the costs anticipated or 2. Withholding. HUD or its designee shall upon the actual cost incurred in providing such benefits. its own action or upon written request of an authorized Contractors employing apprentices or trainees under representative of the Department of Labor withhold or approved programs shall maintain written evidence of the cause to be withheld from the contractor under this registration of apprenticeship programs and certification contract or any other Federal contract with the same of trainee programs, the registration of the apprentices prime contractor, or any other Federally-assisted contract and trainees, and the ratios and wage rates prescribed in subject to Davis-Bacon prevailing wage requirements, the applicable programs. (Approved by the Office of which is held by the same prime contractor so much of Management and Budget under OMB Control Numbers the accrued payments or advances as may be considered 1215-0140 and 1215-0017.) necessary to pay laborers and mechanics, including (ii) (a)The contractor shall submit weekly for each week apprentices, trainees and helpers, employed by the in which any contract work is performed a copy of all contractor or any subcontractor the full amount of wages payrolls to HUD or its designee if the agency is a party to required by the contract. In the event of failure to pay the contract,but if the agency is not such a party,the contractor will submit the payrolls to the applicant any laborer or mechanic,including any apprentice,trainee sponsor,or owner, as the case may be,for transmission to or helper, employed or working on the site of the work, HUD or its designee. The payrolls submitted shall set out all or part of the wages required by the contract, HUD or accurately and completely all of the information required its designee may, after written notice to the contractor, to be maintained under 29 CFR 5.5(a)(3)(i). This sponsor, applicant, or owner, take such action as may be information may be submitted in any form desired. necessary to cause the suspension of any further payment, Optional Form WH-347 is available for this purpose and advance, or guarantee of funds until such violations have may be purchased from the Superintendent of Documents 029-005-00014-1 ceased. HUD or its designee may, after written notice to (Federal Stock Number ]),U.S. the contractor,disburse such amounts withheld for and on Government Printing Office,Washington,DC 20402. account of the contractor or subcontractor to the The prime contractor is responsible for the submission of respective employees to whom they are due. The copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Comptroller General shall make such disbursements in Number 1215-0149.) the case of direct Davis-Bacon Act contracts. (b) Each payroll submitted shall be accompanied by a 3. (i) Payrolls and basic records. Payrolls "Statement of Compliance,"signed by the contractor or and basic records relating thereto shall be maintained by subcontractor or his or her agent who pays or supervises the contractor during the course of the work preserved for the payment of the persons employed under the contract a period of three years thereafter for all laborers and and shall certify the following: CDBG Federal Requirements for Construction 00 74 01- 18 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS (1) That the payroll for the payroll period contains Apprenticeship Training, Employer and Labor Services, the information required to be maintained under 29 CFR or with a State Apprenticeship Agency recognized by the 5.5 (a)(3)(i) and that such information is correct and Office, or if a person is employed in his or her first 90 complete; days of probationary employment as an apprentice in (2) That each laborer or mechanic (including each such an apprenticeship program, who is not individually helper, apprentice, and trainee) employed on the contract registered in the program, but who has been certified by during the payroll period has been paid the full weekly the Office of Apprenticeship Training, Employer and wages earned,without rebate, either directly or indirectly, Labor Services or a State Apprenticeship Agency (where and that no deductions have been made either directly or appropriate) to be eligible for probationary employment indirectly from the full wages earned, other than as an apprentice. The allowable ratio of apprentices to permissible deductions as set forth in 29 CFR Part 3; journeymen on the job site in any craft classification shall (3) That each laborer or mechanic has been paid not not be greater than the ratio permitted to the contractor as less than the applicable wage rates and fringe benefits or to the entire work force under the registered program. cash equivalents for the classification of work performed, Any worker listed on a payroll at an apprentice wage rate, as specified in the applicable wage determination who is not registered or otherwise employed as stated incorporated into the contract. above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work (c) The weekly submission of a properly executed actually performed. In addition, any apprentice certification set forth on the reverse side of Optional performing work on the job site in excess of the ratio Form WH-347 shall satisfy the requirement for permitted under the registered program shall be paid not submission of the"Statement of Compliance"required by less than the applicable wage rate on the wage subparagraph A.3.(ii)(b). determination for the work actually performed. Where a (d) The falsification of any of the above contractor is performing construction on a project in a certifications may subject the contractor or subcontractor locality other than that in which its program is registered, to civil or criminal prosecution under Section 1001 of the ratios and wage rates (expressed in percentages of the Title 18 and Section 231 of Title 31 of the United States journeyman's hourly rate) specified in the contractor's or Code. subcontractor's registered program shall be observed. (iii) The contractor or subcontractor shall make the Every apprentice must be paid at not less than the rate records required under subparagraph A.3.(i) available for specified in the registered program for the apprentice's inspection,copying,or transcription by authorized level of progress, expressed as a percentage of the representatives of HUD or its designee or the Department journeymen hourly rate specified in the applicable wage of Labor,and shall permit such representatives to determination. Apprentices shall be paid fringe benefits interview employees during working hours on the job. if in accordance with the provisions of the apprenticeship the contractor or subcontractor fails to submit the required records or to make them available,HUD or its designee program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount may,after written notice to the contractor, sponsor, applicant or owner,take such action as may be necessary of fringe benefits listed on the wage determination for the to cause the suspension of any further payment,advance, applicable classification. If the Administrator determines or guarantee of funds. Furthermore,failure to submit the that a different practice prevails for the applicable required records upon request or to make such records apprentice classification, fringes shall be paid in available may be grounds for debarment action pursuant accordance with that determination. In the event the to 29 CFR 5.12. Office of Apprenticeship Training, Employer and Labor AU1)rentiees and Services,or a State Apprenticeship Agency recognized by Trainees. the Office, withdraws approval of an apprenticeship (i) Apprentices. Apprentices will be permitted to program, the contractor will no longer be permitted to work at less than the predetermined rate for the work they utilize apprentices at less than the applicable performed when they are employed pursuant to and predetermined rate for the work performed until an individually registered in a bona fide apprenticeship acceptable program is approved. program registered with the U.S. Department of Labor, (ii) Trainees. Except as provided in 29 CFR 5.16, Employment and Training Administration, Office of trainees will not be permitted to work at less than the CDBG Federal Requirements for Construction 00 74 01- 19 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS predetermined rate for the work performed unless they are copy of the applicable prevailing wage decision, and also employed pursuant to and individually registered in a a clause requiring the subcontractors to include these program which has received prior approval, evidenced by clauses in any lower tier subcontracts. The prime formal certification by the U.S. Department of Labor, contractor shall be responsible for the compliance by any Employment and Training Administration. The ratio of subcontractor or lower tier subcontractor with all the trainees to journeymen on the job site shall not be greater contract clauses in this paragraph. than permitted under the plan approved by the 7. Contract termination; debarment. A Employment and Training Administration. Every trainee breach of the contract clauses in 29 CFR 5.5 may be must be paid at not less than the rate specified in the grounds for termination of the contract and for debarment approved program for the trainee's level of progress, as a contractor and a subcontractor as provided in 29 CFR expressed as a percentage of the journeyman hourly rate 5.12. specified in the applicable wage determination. Trainees $ Compliance with Davis-Bacon and shall be paid fringe benefits in accordance with the Related Act Requirements. All rulings and provisions of the trainee program. If the trainee program interpretations of the Davis-Bacon and Related Acts does not mention fringe benefits, trainees shall be paid contained in 29 CFR Parts 1, 3, and 5 are herein the full amount of fringe benefits listed on the wage incorporated by reference in this contract determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship 9. Disputes Concerning labor standards. program associated with the corresponding journeyman Disputes arising out of the labor standards provisions of wage rate on the wage determination which provides for this contract shall not be subject to the general disputes less than full fringe benefits for apprentices. Any clause of this contract. Such disputes shall be resolved in employee listed on the payroll at a trainee rate who is not accordance with the procedures of the Department of registered and participating in a training plan approved by Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes the Employment and Training Administration shall be within the meaning of this clause include disputes paid not less than the applicable wage rate on the wage between the contractor (or any of its subcontractors) and determination for the work actually performed. In HUD or its designee, the U.S. Department of Labor, or addition, any trainee performing work on the job site in the employees or their representatives. excess of the ratio permitted under the registered program 10. (i) Certification of Eligibility. By entering shall be paid not less than the applicable wage rate on the into this contract, the contractor certifies that neither it wage determination for the work actually performed. In (nor he or she)nor any person or firm who has an interest the event the Employment and Training Administration in the contractor's firm is a person or firm ineligible to be withdraws approval of a training program, the contractor awarded Government contracts by virtue of Section 3(a) will no longer be permitted to utilize trainees at less than of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be the applicable predetermined rate for the work performed awarded HUD contracts or participate in HUD programs until an acceptable program is approved. pursuant to 24 CFR Part 24. (iii) Equal employment opportunity. The (ii) No part of this contract shall be subcontracted to utilization of apprentices, trainees and journeymen under any person or firm ineligible for award of a Government 29 CFR Part 5 shall be in conformity with the equal contract by virtue of Section 3(a) of the Davis-Bacon Act employment opportunity requirements of Executive Order or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or 11246,as amended,and 29 CFR Part 30. participate in HUD programs pursuant to 24 CFR Part 24. 5. Compliance with Copeland Act (iii) The penalty for making false statements is requirements. The contractor shall comply with the prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. requirements of 29 CFR Part 3 which are incorporated by Additionally, U.S. Criminal Code, Section 1 01 0, Title reference in this contract 18, U.S.C., "Federal Housing Administration 6. Subcontracts. The contractor or transactions",provides in part: "Whoever,for the purpose subcontractor will insert in any subcontracts the clauses of . . . influencing in any way the action of such contained in subparagraphs 1 through 11 of this Administration..... makes, utters or publishes any paragraph A and such other clauses as HUD or its statement knowing the same to be false..... shall be fined designee may by appropriate instructions require, and a CDBG Federal Requirements for Construction 00 74 01-20 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS not more than $5,000 or imprisoned not more than two its own action or upon written request of an authorized years,or both." representative of the Department of Labor withhold or 11. Complaints, Proceedings, or Testimony by cause to be withheld, from any moneys payable on Employees. No laborer or mechanic to whom the wage, account of work performed by the contractor or salary,or other labor standards provisions of this Contract subcontractor under any such contract or any other are applicable shall be discharged or in any other manner Federal contract with the same prime contract, or any discriminated against by the Contractor or any other Federally-assisted contract subject to the Contract subcontractor because such employee has filed any Work Hours and Safety Standards Act which is held by complaint or instituted or caused to be instituted any the same prime contractor such sums as may be proceeding or has testified or is about to testify in any determined to be necessary to satisfy any liabilities of proceeding under or relating to the labor standards such contractor or subcontractor for unpaid wages and applicable under this Contract to his employer. liquidated damages as provided in the clause set forth in B. Contract Work Hours and Safety Standards subparagraph(2)of this paragraph. Act. The provisions of this paragraph B are applicable (4) Subcontracts. The contractor or only where the amount of the prime contract exceeds subcontractor shall insert in any subcontracts the clauses $100,000. As used in this paragraph,the terms"laborers" set forth in subparagraph(1)through(4)of this paragraph and"mechanics"include watchmen and guards. and also a clause requiring the subcontractors to include (1) Overtime requirements. No contractor or these clauses in any lower tier subcontracts. The prime subcontractor contracting for any part of the contract contractor shall be responsible for compliance by any work which may require or involve the employment of subcontractor or lower tier subcontractor with the clauses laborers or mechanics shall require or permit any such set forth in subparagraphs (1) through (4) of this laborer or mechanic in any workweek in which he or she paragraph. is employed on such work to work in excess of 40 hours C. Health and Safety. The provisions of this in such workweek unless such laborer or mechanic paragraph C are applicable only where the amount of the receives compensation at a rate not less than one and one- prime contract exceeds $100,000. half times the basic rate of pay for all hours worked in (1) No laborer or mechanic shall be required to work excess of 40 hours in such workweek. in surroundings or under working conditions which are (2) Violation; liability for unpaid wages; unsanitary, hazardous, or dangerous to his health and liquidated damages. In the event of any violation of safety as determined under construction safety and health the clause set forth in subparagraph (1) of this paragraph, standards promulgated by the Secretary of Labor by the contractor and any subcontractor responsible therefor regulation. shall be liable for the unpaid wages. In addition, such (2) The Contractor shall comply with all regulations contractor and subcontractor shall be liable to the United issued by the Secretary of Labor pursuant to Title 29 States (in the case of work done under contract for the Part1926 and failure to comply may result in imposition District of Columbia or a territory, to such District or to of sanctions pursuant to the Contract Work Hours and such territory), for liquidated damages. Such liquidated Safety Standards Act,40 USC 3701 et sea. damages shall be computed with respect to each The Contractor shall include the provisions of this individual laborer or mechanic, including watchmen and paragraph in every subcontract so that such provisions guards, employed in violation of the clause set forth in will be binding on each subcontractor. The Contractor subparagraph (1) of this paragraph, in the sum of$10 for shall take such action with respect to any subcontract as each calendar day on which such individual was required the Secretary of Housing and Urban Development or the or permitted to work in excess of the standard workweek Secretary 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 CDBG Federal Requirements for Construction 00 74 01-21 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS SECTION V Project Requirements • Construction Sign and Site Postings • Final Payment Requirements • Release of Liens Form #852406F-CONFORMED SPECIFICATIONS FIELD REQUIREMENTS: Documents to be Posted All posting documents must be placed in a visible location at the job site on a notice board accessible to worker's view: Davis-Bacon Poster: WH Publication 1321; Must be placed in a visible location at the job site on a notice board. Should be displayed at the job site on a notice board with the Contractor's and sub-contractors' 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 Proiect 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. #852406F-CONFORMED SPECIFICATIONS CDBG PROJECT SIGN 8' Red PROJECT NAME Background Project AddressWhite Letters CITY OF CORPUS CHRISTI White Community Development Block Grant(CDBG) Background 4 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD) FY 2015 CDBG FUNDS: $ Total Project Cost: $ Contractor: Architect or Engineer: Blue Address: Address: Background hone Number: • •- Locate sign where it is most visible to the public. Fix sign is made from 4 feet x 8 feet sheet of 3/" plywood. Sign should be posted at a minimum of than 3' 6" high from ground SIGN DIMENSIONS WILL VARY DEPENDING ON TYPE OF PROJECT< CBCIL MAY USE PORTABLE SIGNS TO BE DISPLAYED AT EACH HOME MODIFICATION. (Changes on size to be approved by HCD) Color and Information to be the same #852406F-CONFORMED SPECIFICATIONS NEW CONSTRUCTION CONTRACTOR& SUBCONTRACTORS FINAL DOCUMENTATION REQUIREMENTS: 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 Pavment (AIA Doc. G707) (with Payment Bond covered Contracts) • Affidavit and Waiver of Lien by Contractor. • Contractor's Warranty • City of Corpus Christi Foundation Certificate • TDI Windstorm Certificate of Compliance WPI-8 • TDI Inspection Verification WPI-2 • Certificate of Occupancy - All applicable City' Building Division inspections approved, including: Glazing, Plumbing, Mechanical, Electrical and Building, Fire and any other required Inspection or the" (C of O) and all State and Local Inspections including Foundation. • Final Weekly Payrolls Certificates (For Contractor and all Subcontractors) (ALL Payrolls submitted with sequential number) including dates for 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. #852406F-CONFORMED SPECIFICATIONS AGENCY FINAL PAYMENT and RETAINAGE RELEASE REQUIREMENTS: The Non-Profit A2encv 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. #852406F-CONFORMED SPECIFICATIONS APENDIX A EXHIBITS SPECIAL INSTRUCTIONS TO BIDDERS EXHIBITS: • 1.- Davis Bacon Wage Rates (DOL Wages) • Note: Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). • 2.-Insurance and Bonding Requirements 3.- City of Corpus Christi Disclosure of Interest (To be Submitted with Bid) • 4.- Certificate Regarding Lobbying (To be Submitted with Bid) • 5.- Debarment and Suspension- (To be Submitted with Bid) • 6.- 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 0 8.- Certified Weekly Payroll Form and Davis Bacon Poster a 9.-Affirmative Action Plan/MBE • 10- Section 3- Compliance Report Form & Instructions I I.-Contract & Sub. Report HUD 2516 • 12.-Affidavit and Waiver of Lien Form #852406F-CONFORMED SPECIFICATIONS • .F Neighborhood Services Department (NSD) EXHIBITS SPECIAL INSTRUCTIONS TO BIDDER The Bidder shall submit with his/her Bid a City of Corpus Christi Disclosure of Interest Form signed by the Prime Contractor. For contracts $100,000 and above shall submit the Certification Regarding Lobbying. Conflict of interest with the City or with the Certification Regarding Lobbying requirements will automatically disqualify the bidder. (Both Forms are included in the CDBG Federal Requirements Section as EXHIBITS 3 & 4 respectively). The Bidder shall submit with his/her Bid a Certification Regarding Debarment and Suspension that is not Debarred or Suspended from the System of Award Management (SAM), General Services Administration List of Parties Excluded from Federal Procurement Programs, according to E.O. 12549 and 12689 "Debarment and Suspension." This requirement applies also to his/her subcontractors. City will confirm on SAM System the selected Bidder, (Prime Contractor) and his/her proposed Subcontractors. No contract shall be made to parties listed in the debarred or suspended list. Written Clearance will be required. JSee EXHIBIT 5) Contractor and Subcontractors shall pay their workers not less than the Department of Labor Wage Determination for the specific construction project (Davis Bacon Wage Rates are included here as EXHIBIT 1) The City of Corpus Christi Risk Management Department shall review and approve the selected Contractor and his/her Subcontractors General and Auto Liability Insurance Certificates and Workers Compensation prior to commencement of any construction; Bid Bonds and Performance and Payment Bonds shall be approved by the Agency and the City Neighborhood Services Department(NSD). (Insurance and Bonding Requirements are included as EXHIBITS 2) WORK ORDER: CONTRACT FOR CONSTRUCTION CANNOT BE EXECUTED BEFORE THE CITY CLEARS CONTRACTOR AND PROPOSED SUBCONTRACTORS FROM DEBARMENT OR SUSPENSION; CONSTRUCTION CANNOT COMMENCE BEFORE CITY RISK MANAGEMENT APPROVES THE INSURANCE REQUIREMENTS FOR THE AGENCY, THE CONTRACTOR, AND HI/HER SUBCONTRACTORS, AND NSD ISSUES A WORK ORDER WHICH WILL AUTHORIZE THE ARCHITECT TO ISSUE THE NOTICE TO PROCEED WITH CONSTRUCTION. (Work Order Form included as EXHIBIT 7) #852406F-CONFORMED SPECIFICATIONS EXHIBIT 1 Davis Bacon Wage Determination Federal Wage Rates applicable to this project #852406F-CONFORMED SPECIFICATIONS EXHIBIT 2 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, Bodily Injury and Property Damage non-renewal, material change, or termination Per occurrence - aggregate required on all certificates and policies. Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY(including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory All States Endorsement required if Contractor is not domiciled in Texas. EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 BUILDIER'S RISK Policy limit shall be for total value of project. Policy shall be an all-perils policy including collapse. #852406F-CONFORMED SPECIFICATIONS 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 • 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 #852406F-CONFORMED SPECIFICATIONS endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2014 Insurance Requirements Housing and Community Development Casa De Mariana Center 1/13/2015 ds Risk Management #852406F-CONFORMED SPECIFICATIONS HUD MINIMUM BONDING REQUIREMENTS 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." #852406F-CONFORMED SPECIFICATIONS Texas Workers' Compensation Commission Rules 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; #852406F-CONFORMED SPECIFICATIONS (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 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): #852406F-CONFORMED SPECIFICATIONS EXHIBIT 3 Y852 OCJ2 n CITY OF CORPUS CHRISTI-DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA." See the definitions for the Disclosure of Interest in Section II-General Information. COMPANY NAME: P. O.BOX: STREET: CITY: ZIP: FIRM is: 1. Corporation( ) 2. Partnership( ) 3. Sole Owner( ) 4. Association( ) 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach a separate sheet. 1. State the names of each"employee"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) 2. State the names of each"official'of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member" of the City of Corpus Christi having an'ownership interest"constituting or more of the ownership in the above named"firm." Name Board, Commission,or Committee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an"ownership interest"constituting 3%or more of the ownership in the above named "firm." Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested,and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Title: #852406F-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. #852406F-CONFORMED SPECIFICATIONS EXHIBIT 4 To be submitted with Bid I ,r 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 #852406F-CONFORMED SPECIFICATIONS EXHIBIT 5 To be submitted with Bid Neighborhood Services Department Community Development Block Grants U.S.Department of Housing and Urban Development Debarment and Suspension Certification Title 24: Housing and Urban Development PART 84—UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS,AND OTHER NON-PROFIT ORGANIZATIONS 84.13 Debarment and Suspension; Drug-Free Workplace. (a) Recipients and Subrecipients shall comply with the government wide non-procurement debarment and suspension requirements in 2 CFR part 2424. These government wide requirements restrict sub- awards and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. (b) Recipients and subrecipients shall comply with the requirements of the Drug-Free Workplace Act of 1988 (42 U.S.C. 701), as set forth at 24 CFR part 21. I certified by signing below, that I am in compliance with Title 24 Housing and Urban Development Part 84, Debarment and Suspension requirements in 2 CFR part 2424, and I am not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. I am also responsible for my subcontractors compliance with Debarment & Suspension and Drug Free Work Place federal regulations. Contractor Signature/or Authorized Official: Date: Title: Company: Of/14 #852406F-CONFORMED SPECIFICATIONS EXHIBIT 6 I • . 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 #852406F-CONFORMED SPECIFICATIONS EXHIBIT 7 To be signed after contract award Neighborhood Services Department Required to obtain the Notice to Proceed Work Order Certification In accordance with the applicable City of Corpus Christi Neighborhood Services Department "Work Order" Provisions governing the contract for construction for the U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG), the Primary Contractor, the Project Architect/Engineer and the Non-Profit Agency certifies here that they will comply with the following: THE ARCHITECT/ENGINEER OR THE OWNER ACKNOWLEDGE BY SIGNING BELOW THAT THEY WILL NOT ISSUE A "NOTICE TO PROCEED" TO THE CONTRACTOR AND/OR APPROVE HIM TO COMMENCE CONSTRUCTION BEFORE THE CITY NEIGHBORHOOD SERVICES DEPARTMENT HAS ISSUED A WORK ORDER TO THE AGENCY,AUTHORIZING ARCHITECT AND/OR AGENCY TO ISSUE A NOTICE TO PROCEED WITH CONSTRUCTION. PRIME CONTRACTOR AND HIS/HER SUBCONTRACTORS SHALL MET ALL APPLICABLE CITY HCD REQUIREMENTS BEFORE COMMENCEMENT OF CONSTRUCTION. ANY CONSTRUCTION WORK PERFORMED BEFORE THE CITY OF CORPUS CHRISTI NEIGHBORHOOD SERVICES DEPARTMENT (NSD) ISSUES THE WORK ORDER, WILL NOT BE APPROVED FOR PAYMENT. Non-Profit Agency/Authorized Official Signature: Date: Title: Agency: Project Architect/Engineer/Authorized Official Signature: Date: Title: Company: Primary Contractor/Authorized Official Signature: Date: Title: Company: #852406F-CONFORMED SPECIFICATIONS EXHIBIT 8 Certified Weekly Payroll and Davis Bacon Act Poster #852406F-CONFORMED SPECIFICATIONS »g !\ � /; / } @ 2 - \� ! o j/ - }§ \}{1. \ :c 0 �? \{}f \\\ \ �} - - }( E o _ § 6- 7 ao }\Ej \/ F .!� a \\ \ o. /} � �� / 1 � , a \ ) \ )§ ; o \ o- !, z= _ 7 1 f) ° $ / (\w 0 > \ } /\ | i}(\ a ! !� i >m > / e }(( E; }{ f» } } § ( ( � - o K/ - � r- { f/ }§ / _ \\\} i / 2 \R.� \\\� \\� ^ z \ in a : o (! [/ 0 & ] }\ -- \ƒ /\ \} \\} \ \ o o �} \\ \ \o R. ; ` \ k3 }( \ mo } (a )§ CD : o \\ ET \ \\ \ � , 99� \ M>�m co: m&k»-CONFORMED SPECIFICATIONS �a'rodo 0 00 rn'mox _ m 3 w m ynm`G O f8O O d _ O' N N O�m$$ nd OT1. i� N N y'a s^ N m O d oil ❑ _.. m -o o it d 3 a m 2 _ m o 3 I A n � m m m mmm m n n m mv�� m �'3ro 3N sa All �� c v<md a mb'^N Null mm O m omen m'?m fit�! na m N G O m W C N m �m•m m 'm N m �<75 � > H p m m � •� �' vm�m dKym Acme?o, cmi n< L' m m anti. D .m Omn $ o ompJ o nom• � � mro �, fpTl jti Ulm �� dy N�Nm p <m - (�n o a�� C D N �mm OlmO� m0 f70 m AS 3 3nm „� rga d m ro HAS m1l m O y O1^ W Qro G n a 0. m (O� m O O m �$ o'm � n c� � 3•��'o' Q�y m `� m N� � �j� .�•o m n �m � m S'vi� N mans mmmm 3�1n m m Q8 �c a.ma 0 3 > > S m d m y aomm 'n M y R 3 N p o Z A mZf i ap V Q o cL m M ohm " m ❑ m y0T Tn O T p m Z -A 'O or-+ O N Eli y m 6� d m OOz Z sy. Op p moans m m30T D a c m Z z� m l g 05 O VI 90 p rn= $ d-moo m Gm mmm D y O < O d N Z mm m am d mn n m z Sm3 � m i G 1 g^m o y m N 2m (D A y O Z n 2~ � OGro y= Z O O mm = m OO �m w OT O N Q m �o - m� #852406F-CONFORMED SPECIFICATIONS EMPLOYEE RIGHTS 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 You must be paid not less than the wage rate listed in the Davis-Bacon WAGES Wage Decision posted with this Notice for the work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week.There are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay 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 & U.S DEPARTMENT HOUSING DEVELOPMENT(HUD) LABOR RELATIONS SPECIALIST 615 E. HOUSTON ST SAN ANTONIO,TEXAS 78205 PHONE: 210.475.6818 t. For additional information: 1 -866-4-USWAGE MHO � f�. (1-866-487-9243) TTY: 1-877-889-5627 WWW.WAGEHOUR.DOL.GOV U.S.Department of Labor I Employment Standards Administration I Wage and Hour Division WH 1J 1(Re ,d Apnl20 ) #852406F-CONFORMED SPECIFICATIONS EXHIBIT 9 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 detennine 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 42 indicates current workforce, and Attachment 43 shows projected workforce needs and goals for lower income residents,minorities and women. PROMOTION,DEMOTION,PAY RATES,LAYOFFS,ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print)Name of Executive Officer SIGNATURE DATE (print)Name of EEO Officer SIGNATURE DATE COMPANY NAME: ADDRESS: PHONE NO.: #852406F-CONFORMED SPECIFICATIONS EXTHIBIT 14 Section 3 Compliance Report #852406F-CONFORMED SPECIFICATIONS SECTION 3 COMPLIANCE REPORT FORM Neighborhood Services Department (NSD) REPORT DATE: CONTRACTOR NAME PROJECT • CONTRACT NUMBER Point of Contact/Title Telephone E-mail Work/Project Start D. 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 5t" 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 AlvinW(a�cctexas.com. 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. #852406F-CONFORMED SPECIFICATIONS Section 3 Worker means; Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented: 1. The worker's income for the previous or annualized calendar year is below the income limit established by HUD. (Note: Income is considered for the worker only and not based on household) 2. The worker is employed by a Section 3 business concern. 3. The worker is a YouthBuild participant. A Targeted Section 3 Worker for housing and community development financial assistance means a Section 3 Worker as defined in 24 CFR Part 75.21, as may be amended from time to time, and means a worker documented through self-certification or other means acceptable to HUD, who is: 1. A worker employed by a Section 3 Business Concern; or 2. A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years: i. Living within the service area or the neighborhood of the project*, as defined in § 75.5; or ii. A YouthBuild participant. *Section 3 Compliance Administrator will provide further guidance on the service area or the neighborhood of the project for the specific project. BENCHMARK 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 HUD INCOME LIMITS 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: htti)s://www.huduser.gov/portal/datasets/il/il202l/2021 summary.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 PRIORITIES Employment and training opportunities created by NSD community development programs shallbe given to Section 3 Workers in the following order of priority: ■ : Section 3 Workers residing within the service area or the neighborhood of the project; and ■ Participants in YouthBuild programs. 2 #852406F-CONFORMED SPECIFICATIONS Part I: WORKFORCE COMPOSITION Total Number of All Workers Total Number of Section 3 Total Number of Targeted who worked on the Project Workers who worked on the Section 3 Workers who Project worked on the Project Part II: LABOR HOUR BENCHMARKS (25% and 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 Labor Hours on the Project Labor Hours on the Project for ALL Workers for Targeted Section 3 Workers (includes existing and new hires who Section 3 Workers (includes existing and new hires who worked on the project) (includes existing and new hireswho worked on the project) worked on theproject) Attach documents supporting the data provided in this section and check the boxes below:LCP ❑ Tracker report certifying labor hours worked ❑ Other salary-based or time-and-attendance payroll records certifying labor hours Part III: NEW HIRE BENCHMARKS (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 lll. Total Number ofAll Total Number of Section 3 Total Number of New Hires Worker New Hires Targeted Section 3 Worker New Hires Did you follow the order of hiring priority when hiring new workers? ❑ YES ❑ NO 3 #852406F-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: S3 Worker Hiring Total or Targeted New Hire Name Position Pay Hours Priority (P1, Title Rate Hire Date End Date Gender S3 P2, P3 Worked Worker? or P4) Attach documents supporting the data provided in the table above and check the boxes below as applicable: ❑ Section 3 Worker Certification Forms for all New Hires (categorized by Section 3 Worker andTargeted Section 3 Worker) ❑ Supporting documents of efforts made to hire in the order of hiring priority, i.e. list ofcandidates who applied, NSD referral list, etc. ❑ Other documents, specify: Part IV: SUBCONTRACTORS Did you have any subcontractors who performed work on this contract? ❑ YES ❑ NO (If yes, complete the table below and attach this same report form for each of the subcontractors to identify their hiring and labor hours) Subcontractor Subcontract Business Certification (MBE, Name Trade Amount Start Date End Date WBE, SBE, Section 3) 4 #852406F-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 3 Workers, 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, childcare); ❑ Assisted Section 3 Workers to obtain financial literacy training and/or coaching; ❑ Engaged in outreach efforts to identify and secure bids from Section 3 Business Concerns. ❑ Provided technical assistance to help Section 3 Business Concerns understand and bid on contracts; ❑ Divided contracts into smaller jobs to facilitate participation by Section 3 Business Concerns; ❑ Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 Business Concerns; ❑ Promoted use of Section 3 Business Registries designed to create opportunities for Section 3, disadvantaged and small businesses. Part VI: NOTES AND COMMENTS (if needed,attach additional sheets) By signing below, I hereby certify and declare under penalty of perjury under the laws of the United States and the State of Texas that the information provided on this form, as well as all documentation provided in support thereof, are true and correct, and that I am authorized on behalf of the Company to make this certification. Furthermore, I certify that I will maintainthis documentation for the time period required for record retentions in accordance with applicable program regulations or, in the absence of applicable program regulations, in accordance with 2 CFR part 200. 1 will make these records available to NSD and/or HUD upon request. Signature Name and Title Date 5 #852406F-CONFORMED SPECIFICATIONS RECORDKEEPING: 24 CFR Part 75.31 Contractors, subcontractors and other recipients or sub-recipients must maintain documentation to ensure that workers meetthe definition of a Section 3 Worker or Targeted Section 3 Worker as follows: For a worker to qualify as a Section 3 worker, one of the following must be maintained: 1. A worker's self-certification that their income is below the income limit from the prior 2. calendar year; 3. A worker's self-certification of participation in a means-tested program such as public housing or Section 8-assisted housing; 4. Certification from a PHA, or the owner or property manager of project-based Section 8-assisted housing, or theadministrator of tenant-based Section 8-assisted housing that the worker is a participant in one of their programs; 5. An employer's certification that the worker's income from that employer is below the income limit when based on anemployer's calculation of what the worker's wage rate would translate to if annualized on a full-time basis; or 6. An employer's certification that the worker is employed by a Section 3 business concern. For a worker to qualify as a Targeted Section 3 worker under Housing and Community Development Programs, one of the following must be maintained: 1. An employer's confirmation that a worker's residence is within one mile of the work site or, if fewer than 5,000 peoplelive within one mile of a work site,within a circle centered on the work site that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census; 2. An employer's certification that the worker is employed by a Section 3 business concern;or 3. A worker's self-certification that the worker is a YouthBuild participant. OTHER ■ A contractor/vendor may report on Section 3 workers and Targeted Section 3 workers for five years from when theircertification as a Section 3 worker or Targeted Section 3 worker is established. ■ Income limits are individual and not household. ■ NSD's Section 3 Worker Certification Form can be used to establish eligibility as a Section 3 Worker and Targeted Section 3 Worker. ■ NSD maintains a Section 3 Resident Registry database and can assist contractors/vendors in outreach and recruitmentefforts. ■ We can identify and refer qualified Section 3 Workers and Targeted Section 3 Workers for your new hireneeds. Submit a Job Order notifyinq us of your hiring needs. ■ To calculate the labor hour benchmarks, see the graphics below: All Workers Section 3 Worker (100%Labor Hours) 25%Labor Hour Benchmark Goal ;�x11 1 ONRi Targeted Section 3 Worker 5%Labor Hour To Calculate: *� Benchmark Goal Section 3 Worker Labor Hours - =25% To Calculate: Total Labor Hours Targeted Section 3 Worker Labor Hours =S% 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 #852406F-CONFORMED SPECIFICATIONS EXHIBIT 11 Report HUD FORM 2516 Contract and Subcontract Activity Report #852406F-CONFORMED SPECIFICATIONS •o ar•a W a c .--i �� F crd� •� � � d a v a v $ O'UO O N U O o 5 c 7 D E N !A O O W V O m d .pQQ � a m > H € E w`Eoo is C on ckai .a w0 ; ❑ W b x _ rrz N '.�'.t T W W ❑ o y w d H m a � �:n ❑ a a,cOi `� � H Q.n •E o w o W F 'H co �N � do pgRg x Q E cr3Wx a' o E v� W w v ❑ O N � N' U aia op eaN � > Hv o «: U m a.j ti c C ❑ W U '7 's R.U v E. 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U .O u O 'O U aw p W a Ea +' o- c 3 II II II II W € =', ❑ V O ion porno _ E o N._ c m c aCi �? •= 0U oo�C1 �U� u e w a o=- ao p U o 0 06 O c '� j GO�nL 4x-e� 0 MC ❑ U o w O W, e 1.c H 'S fn'O O a w ao d o o d c a fl II u o E nil 11 IF N� T E > iC a E O .0 a0 O A Nn�S'i p0 V'.n ti p'UO •�+ c c c^7 a .y (0)O cn e y v3 N� -0a � x rn d 70 C Y L "a on.>o. dU a ao � � u as U K z azi 0. z9 a v z N v RW d w a"i � ° o U R On G w c❑❑.i '� u Cl'b V u O U._ R.N R� O... RI U E > cp 0 Q '> 'J' O U V twj x p p X v4 > O H II II p" II V ao w� oR N U m w #852406F-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 number of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone number 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 7£, 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 or 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 #852406F-CONFORMED SPECIFICATIONS 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 EXHIBIT 12 Affidavit and Waiver of Lien by Contractor Form #852406F-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; #852406F-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: #852406F-CONFORMED SPECIFICATIONS End of ATTACHMENT A #852406F-CONFORMED SPECIFICATIONS 011100 SUMMARY OF WORK 1.00 GENERAL 1.01 WORK INCLUDED A. Construct Work as described in the Contract Documents. 1. Provide the materials, equipment, and incidentals required to make the Project completely and fully useable. 2. Provide the labor, equipment, tools, and consumable supplies required for a complete Project. 3. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OAR. 1.02 DESCRIPTION OF WORK A. Work is described in general, non-inclusive terms as: 1. This project consists of the AE Design Services for the Dr. H.C. Dilworth Park Pavilion (CDBG).This will include: a. The installation of a 30' x 30' steel pavilion building structure on an engineered 32'x 32' concrete, elevated above existing grade to divert site drainage around the pavilion; b. The installation of four(4) LED high-bay light fixtures and four(4) electrical receptacles in a secure enclosure; C. Installation of a 4' concrete sidewalk from the street to the pavilion with a 60" turnaround midway. Provide positive drainage away from all new concrete sidewalk surfaces and pavilion foundation; d. Verify decomposed granite track will meet and complies with Texas Accessible Standards at connection points with new concrete sidewalk. Make any necessary alterations required during the project; e. Select demolition of a concrete pad and covered bench required for the placement of the new pavilion,The bench steel framing and steel barbeque pit, and trash receptacle will be removed by contractor and stored for Parks and Recreation Department; and f. The seeding/sodding around the new pavilion as required. General Contractor is responsible for watering and general landscape maintenance as required to provide a minimum 75%established cover. 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. Summary of Work 01 1100- 1 Dr. H.C. Dilworth Park Pavilion (CDBG) Project#852406F Rev 10/2018 #852406F-CONFORMED SPECIFICATIONS 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. 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 01 1100-2 Dr. H.C. Dilworth Park Pavilion (CDBG) Project#852406F Rev 10/2018 #852406F-CONFORMED SPECIFICATIONS 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. Alternates: 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option of the Owner. 5. Owner may incorporate these alternates in the Contract when executed or may issue a Change Order to incorporate these alternates within 120 days at the prices offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days or other designated time period to negotiate a new price for incorporating the Work into the Project. B. Allowances: 1. Include specified allowance amount in the Contract Price. 2. The amount of each allowance includes: a. The cost of the product to the Contractor less any applicable trade discounts. b. Delivery to the Site. c. Applicable taxes. 3. Include in the Contract Price all costs for: a. Handling at the Site, including unloading, uncrating, and storage per Article 19 of SECTION 0172 00 GENERAL CONDITIONS. b. Cost for labor and equipment for installation and finishing. C. Cost for related products not specifically listed in the allowance required for installation, including consumable supplies and materials. d. All overhead, profit, and related costs. 4. Assist Owner in the selection of products. a. Identify qualified Suppliers. b. Obtain bids from qualified Suppliers. C. Present available alternates to the Owner through the OAR. Notify OAR of: 1) Any objections to a particular Supplier or product. Alternates and Allowances 01 23 10- 1 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F Rev 5/2020 #852406F-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 Lump Sum Bid Items described as "Allowances" have been set as noted in Section 00 30 01 Bid Form and shall be included in the Total Base Bid of the Bid Form for each Bidder. These Allowances may be used at the Owner's discretion in the event that unforeseen conditions or conflicts are encountered during construction that warrants the use of the Allowance funds. If the use of Allowance funds becomes necessary, the OAR will provide written authorization at a cost negotiated between Owner and Contractor, using unit prices in the Bid Form when applicable. No work is to be performed under the Allowance items without written authorization from the OAR. There is no guarantee that any of these funds will need to be used during the course of the Work. 1.02 DOCUMENT SUBMITTALS A. Provide documents for materials furnished as part of the alternate in accordance with Article 24 of SECTION 00 72 00 GENERAL CONDITIONS. 1.03 DESCRIPTION OF ALTERNATES—NOT APPLICABLE 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 conducting normal business operations. The contractor will be reimbursed for the Alternates and Allowances 01 23 10-2 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F Rev 5/2020 #852406F-CONFORMED SPECIFICATIONS 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$25,000.00 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 Dr. H.C. Dilworth Pavilion (CDBG). 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. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Alternates and Allowances 01 23 10-3 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F Rev 5/2020 #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT 1.00 GENERAL 1.01 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents for lump sum payment items. Include all direct cost for the Work associated with that lump sum item and a proportionate amount for the indirect costs as described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS for each lump sum item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the lump sum price. B. Measurement for progress payments will be made on the basis of the earned value for each item shown as a percentage of the cost for the lump sum item as described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS. Payment at Final Completion will be equal to the total lump sum amount for that item. 1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents in unit price payment items. Include all direct 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 A1— Mobilization (Maximum 5%): 1. Include the following costs in this Bid item: a. Transportation and setup for equipment; b. Transportation and/or erection of all field offices, sheds, and storage facilities; c. Salaries for preparation of documents required before the first Application for Payment; d. Salaries for field personnel assigned to the Project related to the mobilization of the Project; e. Demobilization; and f. Mobilization may not exceed 5 percent of the total Contract Price. Measurement and Basis for Payment 01 29 01- 1 Dr. H.C. Dilworth Park Pavilion Project#: 852406F Rev 5/2020 #852406F-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 A2—General Conditions: 1. Payment shall include, but not be limited to, compensation required to provide the General Conditions as required to successfully complete this project. 2. Payment to General Conditions will be based on a percentage of the project allowable days divided by the monthly payment applications, minus retainage. C. Bid Item B—Existing Conditions 1. Include the following costs in the Bid Item: a. Site Clearing, Stripping and Rough Grading; b. Seeding/Sodding damaged areas; and 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. D. Bid Item C-Concrete: 1. Include the following costs in the Bid Item: a. Preparation for Pavilion Slab (Earthwork/Grading for Drainage/Select File, 5') b. 32'x 32' Concrete slab for premanufactured metal pavilion; c. Concrete sidewalks, 60"turnaround; and d. Concrete sidewalks, 4'wide. 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 01 29 01-2 Dr. H.C. Dilworth Park Pavilion Project#: 852406F Rev 5/2020 #852406F-CONFORMED SPECIFICATIONS E. Bid Item D—Metals: 1. Include the following costs in the Bid Item: a. Install new 30' x 30' manufactured steel pavilion building structure. b. Miscellaneous metals for installation of metal pavilion. 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 for this bid item will be on a percentage basis of completion verified by the Architect and OAR. F. Bid Item E- Electrical: 1. Include the following costs in the Bid Item: a. Underground Electrical Services b. LED Hi-Bay light Fixtures; C. Quad Receptacles in Vandal Resistant Enclosures; d. Termination; e. Grounding; and f. Electrical Materials. 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 01 29 01-3 Dr. H.C. Dilworth Park Pavilion Project#: 852406F Rev 5/2020 #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS 0133 01 Submittal Register Specification Paragraph Types of Submittals Required Specification Description Product Sample or Operations Section No. Information Mocku Data 02 56 12 Concrete Sidewalks 1.04 Record Data None None 02 76 40 Concrete PavingJoint Sealants 1.02 Record Data None O&M Manual 03 20 00 Concrete Reinforcement 1.04 Shop Drawing None None 03 37 00 Concrete Curing 1.04 Record Data None O&M Manual 05 50 00 Metal Fabrications 1.03 Shop Drawing None None 07 60 00 Flashing and Sheet Metals 1.03 Shop Drawing Sample O&M Manual 26 01 11 Conduit&Fittings 1.03 Record Data None O&M Manual 26 01 20 Wire and Cable-600 Volts and Under 1.03 Record Data None O&M Manual 26 01 31 Junction and Pull Boxes 1.03 Shop Drawing None None 26 01 34 Outlet Boxes 1.03 Record Data None None 26 05 01 Lighting Fixtures 1.03 Record Data None O&M Manual 26 09 96 Electrical System Startup and Commissioning 1.03 Record Data None O&M Manual Submittal Register Dr.H.0 Dilworth Pavilion(CDBG) 01 33 01-1 Project#852406F 10/2018 #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS 01 35 00 SPECIAL PROCEDURES 1.00 GENERAL 1.01 CONSTRUCTION SEQUENCE A. Perform the Work as required to complete the entire Project within the Contract Times and in the sequence stipulated below: 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. 1.03 CRITICAL OPERATIONS—NOT APPLICABLE 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Special Procedures 01 35 00- 1 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 10/2018 #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS 01 50 00 TEMPORARY FACILITIES AND CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide temporary facilities, including OPT's field office and the Contractor's field offices, storage sheds, and temporary utilities needed to complete the Work. B. Install and maintain temporary Project identification signs. Provide temporary on-site informational signs to identify key elements of the construction facilities. Do not allow other signs to be displayed. 1.02 QUALITY ASSURANCE A. Provide a total electrical heating and cooling system for the OPT's field office capable of maintaining the following conditions: 1. Heating: Minimum 75 degrees ID temp at 10 degrees ambient. 2. Cooling: Minimum 75 degrees ID temp at 105 degrees ambient. 3. Relative humidity: 48 to 54 percent. B. Inspect and test each service before placing temporary utilities in use. Arrange for all required inspections and tests by regulatory agencies and obtain required certifications and permits for use. 1.03 DELIVERY AND STORAGE A. Arrange transportation, loading, and handling of temporary buildings and sheds. 1.04 JOB CONDITIONS A. Locate buildings and sheds at the Site as indicated or as approved by the OPT. B. Prepare the Site by removing trees, brush, or debris and performing demolition or grubbing needed to clear a space adequate for the structures. C. Pay for the utilities used by temporary facilities during construction. D. Provide each temporary service and facility ready for use at each location when the service or facility is first needed to avoid delay in the performance of the Work. Provide OPT's field office complete and ready for occupancy and use within 7 days of the Notice to Proceed. E. Maintain, expand as required, and modify temporary services and facilities as needed throughout the progress of the Work. F. Remove services and facilities when approved by the OAR. G. Operate temporary facilities in a safe and efficient manner. 1. Restrict loads on temporary services or facilities to within their designed or designated capacities. 2. Provide sanitary conditions. Prevent public nuisance or hazardous conditions from developing or existing at the Site. Temporary Facilities and Controls 01 50 00- 1 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 8/2019 #852406F-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 APPLICABLE A. The Contractor must furnish the OPT with a field office at the Site. The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30 inches by 60 inches and two chairs. The Contractor shall move the field office on the Site as required by the OAR. There is no separate pay item for the field office. B. Furnish a field office of adequate size for Contractor's use. Provide conference room space for a minimum of 10 people. C. Other trades may provide their own offices only when space is available at the Site, and the OPT agrees to its size, condition, and location. D. No monthly partial payments will be processed until OPT's field office facilities are completed and approved. 2.02 TEMPORARY STORAGE BUILDINGS A. Furnish storage buildings of adequate size to store any materials or equipment delivered to the Site that might be affected by weather. 2.03 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities at the Site from the commencement of the Project until Project conclusion. Maintain these facilities in a clean and sanitary condition at all times and comply with the requirements of the local health authority. On large sites, provide portable toilets at such locations that no point in the Site shall be more than 600 feet from a toilet. B. Use these sanitary facilities. Do not use restrooms within existing or Owner-occupied buildings. 2.04 TEMPORARY HEAT A. Provide heating devices needed to protect buildings during construction. Provide fuel needed to operate the heating devices and attend the heating devices at all times they are in operation, including overnight operations. Temporary Facilities and Controls 01 50 00-2 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 8/2019 #852406F-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 01 50 00-3 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 8/2019 #852406F-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 01 50 00-4 Dr. H.C. Dilworth Pavilion (CDBG) Project#852406F Rev 8/2019 #852406F-CONFORMED SPECIFICATIONS 01 57 00 TEMPORARY CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide labor, materials, equipment, and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. B. Construct temporary impounding works, channels, diversions, furnishing and operation of pumps, installing piping and fittings, and other construction for control of conditions at the Site. Remove temporary controls at the end of the Project. C. Provide a Storm Water Pollution Prevention Plan (SWPPP) as required by Texas Pollutant Discharge Elimination System (TPDES) General Permit No. TXR150000 for stormwater discharges from construction activities as applicable to the nature and size of the Project. Comply with all requirements of the Texas Commission on Environmental Quality(TCEQ)and Laws and Regulations. File required legal notices and obtain required permits prior to beginning any construction activity. D. Provide labor, materials, equipment, and incidentals necessary to prevent stormwater pollution for the duration of the Project. Provide and maintain erosion and sediment control structures as required to prevent 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 01 57 00- 1 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F Rev 8/2019 #852406F-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 01 57 00-2 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F Rev 8/2019 #852406F-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 01 57 00-3 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F Rev 8/2019 #852406F-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 01 57 00-4 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F Rev 8/2019 #852406F-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 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 01 57 00-5 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F Rev 8/2019 #852406F-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, A/E Design firm shall be responsible for contracting with a licensed structural engineer in the State of Texas to perform all inspections and provide documentation for windstorm certification to the Texas Board of Insurance. The Contractor shall be responsible for coordinating inspections and 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 01 57 00-6 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F Rev 8/2019 #852406F-CONFORMED SPECIFICATIONS SECTION 02 2100 SELECT MATERIAL 1. DESCRIPTION This specification shall govern the use of Select Material to be used to treat designated sections of roadways, embankments, trenches, etc. Select material shall be non-expansive sandy clay (CL) or clayey sand (SC), in accordance with the Unified Soil Classification System (ASTM D2487). Select Material shall meet the following requirements: Free of vegetation, hard lumps, rock fragments, or other debris No clay lumps greater than 2" diameter Liquid Limit(L.L.): < 35 Plasticity Index (P.I.)Range: 8 to 20 Moisture Content: as specified in the drawings 2. CONSTRUCTION METHODS Select material shall be mixed unifolinly and placed in layers as indicated, not to exceed 10 inches loose depth (or 12 inches maximum for sanitary sewer trench backfill per City Standard Details for Sanitary Sewers). Unless otherwise specified, the material shall be compacted to a minimum of 95% Standard Proctor density. Each layer shall be complete before the succeeding layer is placed. The finished surface of the select material shall conform to the grade and section shown on the drawings. 3. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, select material shall not be measured for pay, but shall be subsidiary to the appropriate bid item. 022100 Page 1 of 1 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS SECTION 025620 PORTLAND CEMENT CONCRETE PAVEMENT 1. DESCRIPTION This specification shall govern for the construction of Portland cement concrete pavement on a prepared subgrade or base course, in accordance with the typical sections shown on the drawings. The concrete shall be composed of Portland cement, aggregates (fine and coarse), admixtures if desired or required, and water,proportioned and mixed as hereinafter provided. All subsurface utilities must be inspected, tested, and accepted prior to any paving. 2. MATERIALS (1) Cement The cement shall be either Type I, Type II or Type III Portland cement conforming to ASTM Designation: C150, modified as follows: Unless otherwise specified by the Engineer, the specific surface area of Type I and II cements shall not exceed 2000 square centimeters per gram(Wagner Turbidimeter— TxDOT Test Method Tex-3 I 0-D). The Contractor shall furnish the Engineer with a statement as to the specific surface area of the cement, expressed in square centimeters per gram, for each shipment. For concrete pavements, strength requirements shall be demonstrated using flexural (beam) or compressive (cylinder)tests as required in the drawings. Either Type I or II cement shall be used unless Type II is specified on the plans. Except when Type II is specified on the plans, Type III cement may be used when the anticipated air temperature for the succeeding 12 hours will not exceed 60°F. Type III cement shall be used when high early strength concrete pavement is specified on the drawings. Different types of cement may be used in the same project, but all cement used in any one monolithic placement of concrete pavement shall be of the same type and brand. Only one brand of each type of cement will be permitted in any one project unless otherwise authorized by the Engineer. Cement may be delivered in bulk where adequate bin storage is provided. All other cement shall be delivered in bags marked plainly with the name of the manufacturer and the type of cement. Similar information shall be provided in the bills of lading accompanying each shipment of packaged or bulk cement. Bags shall contain 94 pounds net. All bags shall be in good condition at time of delivery. All cement shall be properly protected against dampness. No caked cement will be accepted. 025620 Page 1 of 5 Rev.3-25-2015 #852406F-CONFORMED SPECIFICATIONS Cement remaining in storage for a prolonged period of time may be retested and rejected if it fails to conform to any of the requirements of these specifications. (2) Mixing Water Water for use in concrete and for curing shall be in accordance with City Standard Specification Section 030020 "Portland Cement Concrete". (3) Coarse Aggre ante Coarse aggregate for use in concrete mixture shall be in accordance with City Standard Specification Section 030020 "Portland Cement Concrete", Grade No. 2. (4) Fine Aggregate Fine aggregate for use in concrete mixture shall be in accordance with City Standard Specification Section 030020 "Portland Cement Concrete", Grade No. 1. (5) Mineral Filler Mineral filler shall consist of stone dust, clean crushed sand, or other approved inert material. (6) Mortar(Grout) Mortar for repair of concrete pavements shall consist of 1 part cement, 2 parts finely graded sand, and enough water to make the mixture plastic. When required to prevent color difference, white cement shall be added to produce the color required. When required by the Engineer, latex adhesive shall be added to the mortar. (7) Admixtures Calcium chloride will not be permitted. Unless otherwise noted, air-entraining, retarding and water-reducing admixtures may be used in all concrete and shall conform to the requirements of City Standard Specification Section 030020 "Portland Cement Concrete". (8) Reinforcing Steel Unless otherwise designated on the plans, all steel reinforcement shall be deformed bars, and shall conform to ASTM Designation: A615, Grade 60, and shall be open hearth, basic oxygen or electric furnace new billet steel in accordance with City Standard Specification Section 032020 "Reinforcing Steel". Dowels shall be plain billet steel smooth bars conforming to ASTM Designation: A615, Grade 60, and shall have hot-dip galvanized finish. 3. STORAGE OF MATERIALS All cement and aggregate shall be stored and handled in accordance with City Standard Specification Section 030020 "Portland Cement Concrete". 025620 Page 2 of 5 Rev.3-25-2015 #852406F-CONFORMED SPECIFICATIONS 4. MEASUREMENT OF MATERIALS Measurement of the materials, except water, used in batches of concrete, shall be in accordance with City Standard Specification Section 030020 "Portland Cement Concrete". 5. CLASSIFICATION AND MIX DESIGN It shall be the responsibility of the Contractor to furnish the mix design to comply with the requirements herein and in accordance with THD Bulletin C-11. The Contractor shall perform, at his own expense, the work required to substantiate the design, except the testing of strength specimens, which will be done by the Engineer. Complete concrete design data shall be submitted to the Engineer for approval. It shall also be the responsibility of the Contractor to determine and measure the batch quantity of each ingredient, including all water, so that the mix conforms to these specifications and any other requirements shown on the plans. In lieu of the above mix design responsibility, the Contractor may accept a design furnished by the Engineer; however, this will not relieve the Contractor of providing concrete meeting the requirements of these specifications. Trial batches will be made and tested using all of the proposed ingredients prior to placing the concrete, and when the aggregate and/or brand of cement or admixture is changed. Trial batches shall be made in the mixer to be used on the job. When transit mix concrete is to be used, the trial designs will be made in a transit mixer representative of the mixers to be used. Batch size shall not be less than 50 percent of the rated mixing capacity of the truck. Mix designs from previous or concurrent jobs may be used without trial batches if it is shown that no substantial change in any of the proposed ingredients has been made. This specification section incorporates the requirements of City Standard Specification Section 030020 "Portland Cement Concrete". 6. CONSISTENCY In cases where the consistency requirements cannot be satisfied without exceeding the maximum allowable amount of water, the Contractor may use, or the Engineer may require, an approved water-reducing or retarding agent, or the Contractor shall furnish additional aggregates or aggregates with different characteristics, which will produce the required results. Additional cement may be required or permitted as a temporary measure until aggregates are changed and designs checked with the different aggregates or admixture. The consistency of the concrete as placed should allow the completion of all finishing operations without the addition of water to the surface. When field conditions are such that additional moisture is needed for the final concrete surface finishing operation, the required water shall be applied to the surface by fog spray only, and shall be held to a minimum. The concrete shall be 025620 Page 3of5 Rev.3-25-2015 #852406F-CONFORMED SPECIFICATIONS workable, cohesive, possess satisfactory finishing qualities, and of the stiffest consistency that can be placed and vibrated into a homogenous mass. Excessive bleeding shall be avoided. Slump requirements shall be as specified in Table 1. TABLE 1 Slump Requirements Construction Method Desired Slump Minimum Slump Maximum Slump Concrete Pavement(slipformed) 1.5 inches 1 inch 3 inches Concrete Pavement(formed) 4 inches 2.5 inches 6.5 inches NOTE: No concrete will be permitted with slump in excess of the maximum shown. 7. QUALITY OF CONCRETE The concrete shall be uniform and workable. The cement content, maximum allowable water- cement ratio, desired slump, minimum slump, maximum slump, and the strength requirements of the class of concrete for concrete pavement shall conform to the requirements of Table 1 and Table 2 and as required herein. During the process of the work, the Engineer will cast test beams or cylinders as a check on the flexural or compressive strength of the concrete actually placed. Testing shall be in accordance with City Standard Specification Section 030020 "Portland Cement Concrete". If the required flexural or compressive strength is not secured with the cement specified in Table 2, changes in the batch design will be made. The concrete shall meet either the minimum flexural (beam) strength (7-day or 28-day) or minimum compressive strength(7-day or 28-day) shown in Table 2. TABLE 2 Class of Concrete for Concrete Pavement Class Minimum Minimum Maximum of Flexural(Beam) Compressive Water-Cement Coarse Concrete Stren h Stren h Ratio Aaareaate P* 450 psi(7 days) 3200 psi (7 days) 5.6 gal./sack No. 2 (l V2") 570 psi(28 days) 4000 psi(28 days) 0.50 * 5% entrained air 8. MIXING CONDITIONS The concrete shall be mixed in quantities required for immediate use. Any concrete which is not in place within the limits outlined in City Standard Specification Section 038000 "Concrete Structures", Article "Placing Concrete-General", shall not be used. Re-tamping of concrete will not be permitted. 025620 Page 4 of 5 Rev.3-25-2015 #852406F-CONFORMED SPECIFICATIONS Mixing conditions shall conform to the requirements of City Standard Specification Section 030020 "Portland Cement Concrete". 9. MIXING AND MIXING EQUIPMENT Mixing and mixing equipment shall confonn to the requirements of City Standard Specification Section 030020 "Portland Cement Concrete". 10. READY-MIX PLANTS The requirements for ready-mix plants shall be as specified in City Standard Specification Section 030020 "Portland Cement Concrete". 11. PLACING, CURING AND FINISHING All subsurface utilities must be inspected, tested, and accepted prior to any paving. Subgrade preparation shall be as specified on the plans. The placing of concrete, including construction of forms and falsework, curing and finishing shall be in accordance with City Standard Specification Section 038000 "Concrete Structures". For membrane curing, curing material shall conform to Type 2, Class A curing compound, or as otherwise shown on the drawings. 12. JOINTS IN CONCRETE PAVEMENT The placing of joints in concrete pavement shall be in accordance with City Standard Specification Section 038000 "Concrete Structures" and as detailed on the drawings. 13. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, the quantities of concrete for concrete pavement(s), which will constitute the completed and accepted pavement(s) in-place, will be measured by the square yard or square foot for the indicated thickness and type of cement. Payment shall be full compensation for furnishing, hauling, mixing, placing, curing and finishing all concrete; all grouting and pointing; furnishing and placing reinforcing steel and steel dowels as shown on the plans; furnishing and placing drains; furnishing and placing metal flashing strips; furnishing and placing expansion joint material, joint filler and sealants, and contraction (control) joints required by this specification or shown on the plans; and for all forms and falsework, labor, tools, equipment and incidentals necessary to complete the work. Any paving placed prior to inspection, testing, and acceptance of underground utilities may be rejected by the City and will be replaced at the Contractor's expense after correcting any subsurface utility defects. 025620 Page 5of5 Rev.3-25-2015 #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS SECTION 028020 SEEDING 1. DESCRIPTION This specification shall govern all work necessary for tilling, fertilizing, planting seeds, mulching, watering and maintaining vegetation required to complete the project. 2. MATERIALS 2.1 FERTILIZER: All fertilizer shall be delivered in bags or clearly marked containers showing the analysis, name, trademark and warranty. The fertilizer is subject to testing by the State Chemist in accordance with the Texas fertilizer law. Fertilizer shall have an analysis of 12-12-12 (percent of nitrogen, phosphoric acid and potash) as determined by the Association of Official Agricultural Chemists. Fertilizer shall be free flowing and uniform in composition. 2.2 SEED: Seed shall be labeled and meet the requirements of the Texas Seed Law. Labels shall indicate purity, germination, name and type of seed. Seed furnished shall be of the previous season's crop, and the date of analysis shown on each bag shall be within twelve months of delivery to the project. The quantity of"Commercial Seed" required to equal the quantity of"Pure Live Seed" shall be computed by the following formula: Commercial Seed=Pure Live Seed x 10,000 %Purity x % Germination The quantity of pure live seed and type required are indicated below. Mixture A or C shall be used for this project, depending on the time of the year planting is performed. LB/ACRE OF PURE LIVE SEED FOR MIXTURES COMMON NAME SCIENTIFIC NAME A B C Green Sprangletop Leptochloa Dubia 1.4 1.4 - Sideoats Grama(premier) Bouteloua Curtipendula 0.6 - 0.6 Bermudagrass (Hulled) Cynodon Dactylon 7.0 7.4 - Bermudagrass (Unhulled) Cynodon Dactylon - - 30.0 K R Bluestein Andropogon Ischaemum 1.2 1.2 1.5 Buffalograss Buchloe Dactyloides - 4.2 - Annual Ryegrass Lolium Multiflorum 5.0 5.0 20.0 Mixture-A: Recommended for clay or tight soil planted between December 1 thru May 1. Mixture- B: Recommended for sandy soil planted between December 1 thru May 1. Mixture- C: Recommended for all soils planted between May 2 thru November 30. 028020 Page 1 of 4 Rev.3-25-2015 #852406F-CONFORMED SPECIFICATIONS 2.3 MULCH: Mulch shall be either the straw type or wood cellulose fiber type. Straw Tube mulch shall be of straw from stalks of domestic grain, Bermudagrass or cotton hulls, or other approved by the Engineer. Wood Cellulose Fiber Type mulch shall have no growth inhibiting ingredients and shall be dried with a moisture content less that 10% by weight. Fibers shall be dyed an appropriate color to facilitate visual metering and application of mulch. The cellulose fiber shall be manufactured so that after addition and agitation in slurry tank with fertilizers, seeds and other approved additives, the fibers in the material will become uniformly suspended to form a homogeneous slurry; when sprayed on the ground, the material shall form a uniform cover impregnated with seeds; the cover shall allow added water to percolate to the underlying soil. The fiber material shall be supplied in packages of not more than 100 lb. gross weight and shall be marked by the manufacturer to indicate the dry weight content. 2.4 EQUIPMENT: The fertilizing, seeding and/or mulching operations shall be accomplished with equipment suitable to the required function. It shall be of current design and in good operating condition. Special seeding and mulching equipment must also meet the following requirements: Seeder - Equipment for applying a seed-fertilizer mix shall be a hydraulic seeder designed to pump and discharge a waterborne, homogeneous slurry of seed and fertilizer. The seeder shall be equipped with a power driven agitator and capable of pressure discharge. Straw Mulch Spreader - Equipment used for straw mulch application shall be trailer mounted, equipped with a blower capable of 2000 r.p.m. operation, and that will discharge straw mulch material through a discharge boom with spout at speeds up to 220 feet per second. The mulch spreader shall be equipped with an asphalt supply and application system near the discharge end of the boom spout. The system shall apply asphalt adhesive in atomize form to the straw at a predetermined rate. The spreader shall be capable of blowing the asphalt-coated mulch, with a high velocity airstream, over the surface at a uniform rate, forming a porous, stable erosion-resistant cover. Wood Cellulose Fiber Mulch Spreader - Equipment used for this application of fertilizer, seeds, wood pulp, water and other additives shall have a built-in agitation system with sufficient capacity to agitate, suspend and homogeneously mix a slurry containing up to 40 lbs. of fiber plus the required fertilizer solids for each 100 gallons of water. It shall have sufficient agitation and pump capacity to spray a slurry in a uniform coat over the area to be mulched. 028020 Page 2 of 4 Rev.3-25-2015 #852406F-CONFORMED SPECIFICATIONS 3. CONSTRUCTION METHODS 3.1 PREPARATION OF SEEDBED: The area to be treated along with requirements for seed, fertilizer and other treatments, shall be done as indicated on the drawings and as specified below. Clearing—Refer to City Standard Specification Section 021020, "Site Clearing and Stripping". Grading - Refer to City Standard Specification Section 021040, "Site Grading". Tilling- The area to be seeded shall be tilled to a depth of 4 to 6 inches by disking,plowing, or other approved methods until soil condition is acceptable. Topsoiling — If the native soils are not conducive to the establishment and maintenance of grass growth, or if called for on the drawings, topsoil shall be placed over the area to be seeded to a depth of 5 inches after tilling. Topsoil shall have a pH range of 5.5 to 7; shall contain between 2 and 20 percent organic material content in accordance with ASTM D5268; and shall be free of stones larger than one inch, debris, and extraneous materials harmful to plant growth. 3.2 FERTILIZING: Fertilizer shall be uniformly applied at a rate of 400 lb/acre, after tilling. Fertilizing and seeding shall be done concurrently. If seeds and fertilizer are distributed in a water slurry, the mixture shall be applied to the area to be seeded within 30 minutes after all the components have come into contact. 3.3 SEEDING: The seed mixture shall be uniformly distributed at the rate specified above. Broadcast Seeding - Seed shall be placed with fertilizer, after tilling. After planting, the area shall be rolled on contour with a corrugated roller. Straw Mulch Seeding- Seed shall be placed with fertilizer, after tilling. After placement of the seed and fertilizer mixture, straw mulch shall be uniformly placed at a rate of 2 tons per acre. As soon as the mulch has been spread, it shall be anchored to the soil a minimum depth of 3 inches by use of a heavy, dulled disk harrow, set nearly straight. Disks shall be set approximately 9 inches apart. Straw Mulch With Asphalt Seeding - Seed, fertilizer and straw mulch shall be placed as described in "Straw Mulch Seeding" with the following two exceptions: 1) An asphalt-water emulsion shall be applied to the mulch near the discharge end of the boom spout at a rate of 300 to 600 gallons per acre. 2)Mechanical anchoring by disking will not be required. Asphalt Mulch Seeding - The seed and fertilizer shall be placed as described for 'Broadcast Seeding". After the area has been rolled, the area shall be watered sufficiently to assure a uniform moisture to a minimum depth of 4 inches. An asphalt-water emulsion shall be applied at a rate of 1500 to 1800 gallons per acre, immediately after watering. Asphalt shall be applied to the area in such a manner that a complete film is obtained and the finished surface shall be 028020 Page 3 of 4 Rev.3-25-2015 #852406F-CONFORMED SPECIFICATIONS comparatively smooth. Wood Cellulose Fiber Mulch Seeding - After tilling, mulch shall be applied. Wood cellulose fibers shall be added to the hydraulic seeder after the proportionate amounts of seed, fertilizer, water and other approved materials are added. Application shall be 1500 lb./acre on flats, 2000 lb./acre on slopes up to 3:1, and 2500 lb./acre on slopes steeper than 3:1. One hundred (100)pounds of fiber per acre shall be used when asphalt is to be applied over cellulose mulch. The mulch shall provide a uniform cover over the soil surface. Asphalt Over Wood Cellulose Fiber Mulch Seeding - "Wood Cellulose Fiber Mulch Seeding" shall be done as described above. After mulch has been placed, an asphalt-water emulsion shall be uniformly spread over the mulch at a rate of 1200 gallons per acre. 3.4 MAINTENANCE: The Contractor shall water, repair and reseed areas as required for a period of 45 days or until growth has been established, whichever is longer. This includes erosion damage. Maintenance does not include mowing or weed control, unless indicated on the plans. If at any time the seeded area becomes gullied or otherwise damaged, or the seeds have been damaged or destroyed, the affected portion shall be re-established to the specified condition prior to acceptance of the work. 3.5 GUARANTEE: The Contractor shall assure 95% of the seeded area has established grass growth at 45 calendar days after seeding, unless indicated otherwise on the drawings. Where established, grass growth is defined as at least one plant per square foot with no bare spots larger than three (3) square feet. The Contractor shall re-establish grass growth as directed by the Engineer during the one-year warranty period. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, seeding will be measured by the horizontal square yard of area seeded within the areas designated on the drawings. Areas disturbed by the Contractor that are outside of the designated areas (such as field office, laydown/ storage area, stockpile areas, etc.) shall be seeded by the Contractor for erosion control per the stormwater pollution prevention plan but will not be measured for payment. Payment shall be full compensation for all labor, materials, tools, equipment and incidentals necessary to complete the work, and shall include, but not be limited to, tilling soil, topsoiling, fertilizing, planting, mulching, watering and maintaining vegetation. Payment shall be due and payable only after grass growth has been established as described above. 028020 Page 4 of 4 Rev.3-25-2015 #852406F-CONFORMED SPECIFICATIONS SECTION 028040 SODDING 1. DESCRIPTION This specification shall govern all work necessary for furnishing and placing sod as required to complete the project. 2. MATERIALS Fertilizer: All fertilizer used shall be delivered in bags or containers with clearly marked analysis. A granulated fertilizer shall be used with an analysis of 10-20-10. These figures represent the percent of nitrogen, phosphoric acid and potash nutrients, respectively, as determined by the methods of the Association of Official Agricultural Chemists. The rate of application shall be not less than 350 pounds per acre (7.23 lb. per 100 SY). In the event that it is necessary to substitute a fertilizer with a different analysis, it shall be granulated fertilizer with a lower concentration. The total nutrients applied per unit area shall not be less that the specified amount of each nutrient. Sod: Sod shall consist of live Bennuda grass with thickly matted roots throughout the soil and with a minimum thickness of 3 inches or 0.25 foot, or live St. Augustine with thickly matted roots throughout the soil with a minimum thickness of 1 inch or 0.08 foot. The Contractor shall not use sod where grass is thinned out. Grass shall be mowed and raked to remove all weeds and long steins prior to extraction at the source. Sod and soil shall be kept moist at all times during the sodding process. Care must be taken at all times to retain native soil on the root system. Water: Water shall be free from oils, acids, alkalis, and salts that may inhibit grass growth. Unless indicated otherwise on the drawings, water shall be provided by the City and shall be transported and applied by the Contractor. 3. CONSTRUCTION METHODS Spot Sodding_ Prior to planting, the area to be sodded shall be graded and shaped. Squares of sod with a minimum width of 3 inches shall be planted in rows on 15-inch centers in both directions. Sod shall be placed so that it is firmly against the bottom of the hole, and the top of the sod shall not be more than 1/2 inch below finished grade. Soil shall be finely packed against all sides of the sod. Soil shall not be allowed to cover the sod except for soil incidental to raking, provided that the quantity of soil is not enough to hinder the growth. Areas to be spot sodded shall be indicated on the drawing or as directed by the Engineer in field. After sod has been planted,the area shall be fertilized and watered. 028040 Page 1 of 2 Rev.3-25-2015 #852406F-CONFORMED SPECIFICATIONS Block Sodding: Prior to planting, the area to be sodded shall be graded and shaped. Sod blocks shall be uniformly placed over the prepared area. The sodded area shall then be fertilized and watered. After the area is sufficiently dry, the area shall be rolled or tamped to form a thoroughly compacted mat. Any voids in the mats shall be filled with additional sod and tamped. If, in the opinion of the Engineer, slopes may cause displacement, areas to be block sodded shall be indicated on the drawings or as directed by the Engineer in the field. Mulch Sodding: The sod source shall be disked in two directions cutting the sod thoroughly to a depth of not less than 4 inches or more than 10 inches, being careful to avoid having soil containing no grass roots. The disked sod may be windrowed or otherwise handled in a manner satisfactory to the Engineer. The material shall be rejected if not kept in a moist condition. Prior to placing mulch sod, the cut slopes shall be scarified by plowing furrows 4 inches to 6 inches deep along horizontal slope lines at 2-foot vertical intervals. Excavated material from the furrows shall not protrude more than 3 inches above the original surface of the cut. Fertilizer shall be distributed uniformly over the area. The sod shall then be dumped upon the prepared area and spread uniformly to the required approximate thickness shown on the plans. Any section not true to lines and cross section shall be remedied by the addition of sod material. After the sod material has been spread and shaped, it shall be compacted with a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. The area to be mulch sodded shall be indicated on the drawings or as directed by the Engineer in the field. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, spot sodding and block sodding shall be measured by the square yard taken in a horizontal plane. Payment shall include, but not be limited to, excavation, transporting, storing and placing of sod, and application of fertilizer and water. 028040 Page 2 of 2 Rev.3-25-2015 #852406F-CONFORMED SPECIFICATIONS SECTION 030020 PORTLAND CEMENT CONCRETE 1. DESCRIPTION This specification shall govern for the materials used; for the storing and handling of materials; and for the proportioning and mixing of concrete for culverts, manholes, inlets, curb and gutter, sidewalks, driveways, curb ramps, headwalls and wingwalls, riprap, and incidental concrete construction. The concrete shall be composed of Portland cement, aggregates (fine and coarse), admixtures if desired or required, and water,proportioned and mixed as hereinafter provided. 2. MATERIALS (1) Cement The cement shall be either Type I, II or III Portland cement conforming to ASTM Designation: C150, modified as follows: Unless otherwise specified by the Engineer, the specific surface area of Type I and II cements shall not exceed 2000 square centimeters per gram(Wagner Turbidimeter— TxDOT Test Method Tex-310-D). For concrete piling, the above limit on specific surface area is waived for Type II cement only. The Contractor shall furnish the Engineer, with each shipment, a statement as to the specific surface area of the cement expressed in square centimeters per gram. For cement strength requirements, either the flexural or compressive test may be used. Either Type I or II cement shall be used unless Type II is specified on the plans. Except when Type II is specified on the plans, Type III cement may be used when the anticipated air temperature for the succeeding 12 hours will not exceed 60°F. Type III cement may be used in all precast prestressed concrete, except in piling when Type II cement is required for substructure concrete. Different types of cement may be used in the same structure, but all cement used in any one monolithic placement shall be of the same type and brand. Only one brand of each type will be permitted in any one structure unless otherwise authorized by the Engineer. Cement may be delivered in bulk where adequate bin storage is provided. All other cement shall be delivered in bags marked plainly with the name of the manufacturer and the type of cement. Similar information shall be provided in the bills of lading accompanying each shipment of packaged or bulk cement. Bags shall contain 94 pounds net. All bags shall be in good condition at time of delivery. All cement shall be properly protected against dampness. No caked cement will be accepted. Cement remaining in storage for a prolonged period of time may be retested and rejected if it fails to conform to any of the requirements of these specifications. 030020 Page 1 of 13 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS (2) Mixing Water Water for use in concrete and for curing shall be free from oils, acids, organic matter or other deleterious substances and shall not contain more than 1000 parts per million of chlorides as CL nor more than 1000 parts per million of sulfates as SO4. Water from municipal supplies approved by the State Health Department will not require testing, but water from other sources will be sampled and tested before use in structural concrete. Tests shall be made in accordance with the "Method of Test for Quality of Water to be Used in Concrete" (AASHTO Method T26), except where such methods are in conflict with provisions of this specification. (3) Coarse Aggregate Coarse aggregate shall consist of durable particles of gravel, crushed blast furnace slag, crushed stone, or combinations thereof, free from frozen material or injurious amount of salt, alkali, vegetable matter, or other objectionable material either free or as an adherent coating; and its quality shall be reasonably uniform throughout. It shall not contain more than 0.25 percent by weight of clay lumps, nor more than 1.0 percent by weight of shale, nor more than 5 percent by weight of laminated and/or friable particles when tested in accordance with TxDOT Test Method Tex-413-A. It shall have a wear of not more than 40 percent when tested in accordance with TxDOT Test Method Tex-410-A. Unless otherwise specified on the plans, coarse aggregate will be subjected to five cycles of the soundness test in accordance with TxDOT Test Method Tex-411-A. The loss shall not be greater than 12 percent when sodium sulfate is used, or 18 percent when magnesium sulfate is used. Permissible sizes of aggregate shall be governed by Table 4 and Table 1, except that when exposed aggregate surfaces are required, coarse aggregate gradation will be as specified on the plans. When tested by approved methods, the coarse aggregate, including combinations of aggregates when used, shall conform to the grading requirements shown in Table 1. 030020 Page 2 of 13 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS TABLE 1 Coarse Aggregate Gradation Chart Percent Retained on Each Sieve Aggregate Nominal 2-1/2 2 1-�/z 1 3/4 1/2 3/8 Grade No. Size In. In. In. In. In. In. In. No. 4 No. 8 1 2 in. 0 0 to 15 60 to 95 to 20 to 80 100 50 2 (467)* 1-'/z in. 0 0 30 to 70 95 to to 65 to 100 5 90 4 (57)* 1 in. 0 0 40 90 to 95 to to to 100 100 5 75 8 3/8 in. 0 0 to 35 to 90 to 5 80 100 *Numbers in parenthesis indicate conformance with ASTM C33. The aggregate shall be washed. The Loss by Decantation (TxDOT Test Method Tex-406-A) plus the allowable weight of clay lumps, shall not exceed one percent, or the value shown on the plans, whichever is smaller. (4) Fine Aggregate Fine aggregate shall consist of clean, hard, durable and uncoated particles of natural or manufactured sand or a combination thereof, with or without a mineral filler. It shall be free from frozen material or injurious amounts of salt, alkali, vegetable matter or other objectionable material and it shall not contain more than 0.5 percent by weight of clay lumps. When subjected to the color test for organic impurities (TxDOT Test Method Tex-408-A), it shall not show a color darker than standard. The fine aggregate shall produce a mortar having a tensile strength equal to or greater than that of Ottawa sand mortar when tested in accordance with TxDOT Test Method Tex-317-D. Where manufactured sand is used in lieu of natural sand for slab concrete subject to direct traffic, the acid insoluble residue of the fine aggregate shall be not less than 28 percent by weight when tested in accordance with TxDOT Test Method Tex-612-J. When tested by approved methods, the fine aggregate or combination of aggregates, including mineral filler, shall conform to the grading requirements shown in Table 2. 030020 Page 3 of 13 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS TABLE 2 Fine Aggregate Gradation Chart Percent Retained on Each Sieve Aggregate Grade No. 3/8 In. No. 4 No. 8 No. 16 No. 30 No. 50 No. 100 No. 200 1 0 0 to 5 0 to 20 15 to 50 35 to 75 70 to 90 90 to 100 97 to 100 NOTE 1: Where manufactured sand is used in lieu of natural sand, the percent retained on the No. 200 sieve shall be 94 to 100. NOTE 2: Where the sand equivalent value is greater than 85, the retainage on the No. 50 sieve may be 70 to 94 percent. Fine aggregate will be subjected to the Sand Equivalent Test (TxDOT Test Method Tex-203-F). The sand equivalent shall not be less than 80 nor less than the value shown on the plans, whichever is greater. For concrete Classes `A' and `C', the fineness modulus as defined below for fine aggregates shall be between 2.30 and 3.10. The fineness modulus will be determined by adding the percentages by weight retained on the following sieves, and dividing by 100; Nos. 4, 8, 16, 30, 50 and 100. (5) Mineral Filler Mineral filler shall consist of stone dust, clean crushed sand, or other approved inert material. (6) Mortar(Grout) Mortar for repair of concrete shall consist of 1 part cement, 2 parts finely graded sand, and enough water to make the mixture plastic. When required to prevent color difference, white cement shall be added to produce the color required. When required by the Engineer, latex adhesive shall be added to the mortar. (7) Admixtures Calcium Chloride will not be permitted. Unless otherwise noted, air-entraining, retarding and water-reducing admixtures may be used in all concrete and shall conform to the following requirements: A "water-reducing, retarding admixture" is defined as a material which, when added to a concrete mixture in the correct quantity, will reduce the quantity of mixing water required to produce concrete of a given consistency and will retard the initial set of the concrete. A "water-reducing admixture" is defined as a material which, when added to a concrete mixture in the correct quantity, will reduce the quantity of mixing water required to produce concrete of a 030020 Page 4 of 13 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS given consistency. (a) Retarding and Water-Reducing Admixtures. The admixture shall meet the requirements for Type A and Type D admixture as specified in ASTM Designation: C494,modified as follows: (1) The water-reducing retarder shall retard the initial set of the concrete a minimum of 2 hours and a maximum of 4 hours, at a specified dosage rate, at a temperature of 90°F. (2) The cement used in any series of tests shall be either the cement proposed for specific work or a "reference" Type I cement from one mill. (3) Unless otherwise noted on the plans, the minimum relative durability factor shall be 80. The air-entraining admixture used in the referenced and test concrete shall be neutralized Vinsol resin. (b) Air-Entraining Admixture. The admixture shall meet the requirements of ASTM Designation: C260, modified as follows: (1) The cement used in any series of tests shall be either the cement proposed for specific work or a "reference" Type I cement from one mill. (2) Unless otherwise noted on the plans, the minimum relative durability factor shall be 80. The air-entraining admixture used in the referenced concrete shall be neutralized Vinsol resin. 3. STORAGE OF CEMENT All cement shall be stored in well-ventilated weatherproof buildings or approved bins, which will protect it from dampness or absorption of moisture. Storage facilities shall be ample, and each shipment of packaged cement shall be kept separated to provide easy access for identification and inspection. The Engineer may permit small quantities of sacked cement to be stored in the open for a maximum of 48 hours on a raised platform and under waterproof covering. 4. STORAGE OF AGGREGATE The method of handling and storing concrete aggregate shall prevent contamination with foreign materials. If the aggregates are stored on the ground, the sites for the stockpiles shall be clear of all vegetation and level. The bottom layer of aggregate shall not be disturbed or used without recleaning. 030020 Page 5 of 13 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS When conditions require the use of two or more sizes of aggregates, they shall be separated to prevent intermixing. Where space is limited, stockpiles shall be separated by physical barriers. Methods of handling aggregates during stockpiling and subsequent use shall be such that segregation will be minimized. Unless otherwise authorized by the Engineer, all aggregate shall be stockpiled at least 24 hours to reduce the free moisture content. 5. MEASUREMENT OF MATERIALS The measurement of the materials, except water, used in batches of concrete, shall be by weight. The fine aggregate, coarse aggregate and mineral filler shall be weighed separately. Where bulk cement is used, it shall be weighed separately, but batch weighing of sacked cement will not be required. Where sacked cement is used, the quantities of material per batch shall be based upon using full bags of cement. Batches involving the use of fractional bags will not be permitted. Allowance shall be made for the water content in the aggregates. Bags of cement varying more than 3 percent from the specified weight of 94 pounds may be rejected, and when the average weight per bag in any shipment, as determined by weighing 50 bags taken at random, is less than the net weight specified, the entire shipment may be rejected. If the shipment is accepted, the Engineer will adjust the concrete mix to a net weight per bag fixed by an average of all individual weights which are less than the average weight determined from the total number weighed. 6. CLASSIFICATION AND MIX DESIGN It shall be the responsibility of the Contractor to furnish the mix design, using a coarse aggregate factor acceptable to the Engineer, for the class(es) of concrete specified. The mix shall be designed by a qualified concrete technician to conform with the requirements contained herein and in accordance with the THD Bulletin C-11. The Contractor shall perform, at his own expense, the work required to substantiate the design, except the testing of strength specimens, which will be done by the Engineer. Complete concrete design data shall be submitted to the Engineer for approval. It shall also be the responsibility of the Contractor to determine and measure the batch quantity of each ingredient, including all water, so that the mix conforms to these specifications and any other requirements shown on the plans. Trial batches will be made and tested using all of the proposed ingredients prior to placing the concrete, and when the aggregate and/or brand of cement or admixture is changed. Trial batches shall be made in the mixer to be used on the job. When transit mix concrete is to be used, the trial designs will be made in a transit mixer representative of the mixers to be used. Batch size shall not be less than 50 percent of the rated mixing capacity of the truck. Mix designs from previous or concurrent jobs may be used without trial batches if it is shown that 030020 Page 6 of 13 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS no substantial change in any of the proposed ingredients has been made. The coarse aggregate factor shall not be more than 0.82, except that when the voids in the coarse aggregate exceed 48 percent of the total dry loose volume, the coarse aggregate factor shall not exceed 0.85. The coarse aggregate factor shall not be less than 0.70 for Grades 1, 2 and 3 aggregates. If the strength required for the class of concrete being produced is not secured with the cement specified in Table 4, the Contractor may use an approved water-reducing or retarding admixture, or he shall furnish aggregates with different characteristics which will produce the required results. Additional cement may be required or permitted as a temporary measure until the redesign is checked. Water-reducing or retarding agents may be used with all classes of concrete at the option of the Contractor. When water-reducing or retarding agents are used at the option of the Contractor, reduced dosage of the admixture will be permitted. Entrained air will be required in accordance with Table 4. The concrete shall be designed to entrain 5 percent air when Grade 2 coarse aggregate is used and 6 percent when Grade 3 coarse aggregate is used. Concrete as placed in the structure shall contain the proper amount as required above with a tolerance of plus or minus 1.5 percentage points. Occasional variations beyond this tolerance will not be cause for rejection. When the quantity of entrained air is found to be above 7 percent with Grade 2 coarse aggregate or above 8 percent for Grade 3 coarse aggregate, additional test beams or cylinders will be made. If these beams or cylinders pass the minimum flexural or compressive requirements, the concrete will not be rejected because of the variation in air content. 7. CONSISTENCY In cases where the consistency requirements cannot be satisfied without exceeding the maximum allowable amount of water, the Contractor may use, or the Engineer may require, an approved water-reducing or retarding agent, or the Contractor shall furnish additional aggregates or aggregates with different characteristics, which will produce the required results. Additional cement may be required or permitted as a temporary measure until aggregates are changed and designs checked with the different aggregates or admixture. The consistency of the concrete as placed should allow the completion of all finishing operations without the addition of water to the surface. When field conditions are such that additional moisture is needed for the final concrete surface finishing operation, the required water shall be applied to the surface by fog spray only, and shall be held to a minimum. The concrete shall be workable, cohesive, possess satisfactory finishing qualities, and of the stiffest consistency that can be placed and vibrated into a homogenous mass. Excessive bleeding shall be avoided. Slump requirements will be as specified in Table 3. 030020 Page 7 of 13 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS TABLE 3 Slump Requirements Concrete Desi ng ation Desired Slump Max. Slump Structural Concrete: (1) Thin-Walled Sections (9" or less) 4 inches 5 inches (2) Slabs, Caps, Columns,Piers, Wall Sections over 9", etc. 3 inches 4 inches Underwater or Seal Concrete 5 inches 6 inches Riprap, Curb, Gutter and Other Miscellaneous Concrete 2.5 inches 4 inches NOTE: No concrete will be permitted with slump in excess of the maximums shown. 8. QUALITY OF CONCRETE General The concrete shall be uniform and workable. The cement content, maximum allowable water- cement ratio, the desired and maximum slump and the strength requirements of the various classes of concrete shall conform to the requirements of Table 3 and Table 4 and as required herein. During the process of the work, the Engineer or his designated representative will cast test cylinders or beams as a check on the compressive or flexural strength of the concrete actually placed. Test cylinders must be picked up by the testing lab within 24 hours. A test shall be defined as the average of the breaking strength of two cylinders or two beams, as the case may be. Specimens will be tested in accordance with TxDOT Test Methods Tex-418-A or Tex-420-A. Test beams or cylinders will be required as specified in the contract documents. For small placements on structures such as manholes, inlets, culverts, wingwalls, etc., the Engineer may vary the number of tests to a minimum of one for each 25 cubic yards placed over a several day period. All test specimens, beams or cylinders, representing tests for removal of forms and/or falsework shall be cured using the same methods, and under the same conditions as the concrete represented. "Design Strength" beams and cylinders shall be cured in accordance with THD Bulletin C-11. The Contractor shall provide and maintain curing facilities as described in THD Bulletin C-11 for the purpose of curing test specimens. Provision shall be made to maintain the water in the curing tank at temperatures between 70°F and 90°F. When control of concrete quality is by twenty-eight-day compressive tests, job control will be by seven-day compressive tests which are shown to provide the required twenty-eight-day strength, based on results from trial batches. If the required seven-day strength is not secured with the 030020 Page 8 of 13 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS cement specified in Table 4, changes in the batch design will be made. TABLE 4 Classes of Concrete Minimum Class Compressive Min. Beam Maximum Coarse of Sacks Cement Strength(fc) Strength Water-Cement Aggregate Concrete per C.Y. (min.) 28-Day(psi) 7-Day(psi) Ratio (gal/sack) No. A* 5.0 3000 500*** 6.5 2-4-8**** B* 4.5 2500 417 8.0 2-4-8**** C* 6.0 3600 600*** 6.0 1-2-4** D 6.0 3000 500 7.0 2-4 S 6.5 4000 570 5.0 2-4 *Entrained Air(slabs,piers and bent concrete). **Grade 1 Coarse Aggregate may be used in foundation only(except cased drilled shafts). ***When Type 11 Cement is used with Class C Concrete, the 7-day beam break requirement will be 550 psi; with Class A Concrete, the minimum 7-day beam break requirement will be 460 psi. ""Permission**Permission to use Grade 8 Aggregate must have prior approval of the Engineer. 9. MIXING CONDITIONS The concrete shall be mixed in quantities required for immediate use. Any concrete which is not in place within the limits outlined in City Standard Specification Section 038000 "Concrete Structures", Article "Placing Concrete-General", shall not be used. Retamping of concrete will not be permitted. In threatening weather, which may result in conditions that will adversely affect the quality of the concrete to be placed, the Engineer may order postponement of the work. Where work has been started and changes in weather conditions require protective measures, the Contractor shall furnish adequate shelter to protect the concrete against damage from rainfall, or from freezing temperatures. If necessary to continue operations during rainfall, the Contractor shall also provide protective coverings for the material stockpiles. Aggregate stockpiles need be covered only to the extent necessary to control the moisture conditions in the aggregates to adequately control the consistency of the concrete. 10. MIXING AND MIXING EQUIPMENT All equipment, tools, and machinery used for hauling materials and performing any part of the work shall be maintained in such condition to insure completion of the work underway without excessive delays for repairs or replacements. The mixing shall be done in a batch mixer of approved type and size that will produce uniform 030020 Page 9 of 13 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS distribution of the material throughout the mass. Mixers may be either the revolving drum type or the revolving blade type, and shall be capable of producing concrete meeting the requirements of these specifications. After all the ingredients are assembled in the drum, the mixing shall continue not less than 1 minute for mixers of one cubic yard or less capacity plus 15 seconds for each additional cubic yard or portion thereof. The mixer shall operate at the speed and capacity designated by the Mixer Manufacturers Bureau of the Associated General Contractors of America. The mixer shall have a plate affixed showing the manufacturer's recommended operating data. The absolute volume of the concrete batch shall not exceed the rated capacity of the mixer. The entire contents of the drum shall be discharged before any materials are placed therein for the succeeding batch. The first batch of concrete materials placed in the mixer for each placement shall contain an extra quantity of sand, cement and water sufficient to coat the inside surface of the drum. Upon the cessation of mixing for any considerable length of time, the mixer shall be thoroughly cleaned. The concrete mixer shall be equipped with an automatic timing device which is put into operation when the skip is raised to its full height and dumping. This device shall lock the discharging mechanism and prevent emptying of the mixer until all the materials have been mixed together for the minimum time required, and it shall ring a bell after the specified time of mixing has elapsed. The water tank shall be arranged so that the amount of water can be measured accurately, and when the tank starts to discharge, the inlet supply shall cut off automatically. Whenever a concrete mixer is not adequate or suitable for the work, it shall be removed from the site upon a written order from the Engineer and a suitable mixer provided by the Contractor. Pick-up and thro-over blades in the drum of the mixer which are worn down more than 10 percent in depth shall be repaired or replaced with new blades. Improperly mixed concrete shall not be placed in the structure. Job mix concrete shall be concrete mixed in an approved batch mixer in accordance with the requirements stated above, adjacent to the structure for which the concrete is being mixed, and moved to the placement site in non-agitating equipment. 11. READY-MIX PLANTS A. General. It shall be the Contractor's responsibility to furnish concrete meeting all requirement of the governing specification sections, and concrete not meeting the slump, workability and consistency requirements of the governing specification sections shall not 030020 Page 10 of 13 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS be placed in the structure or pavement. Ready-Mixed Concrete shall be mixed and delivered by means of one of the following approved methods. (1) Mixed completely in a stationary mixer and transported to the point of delivery in a truck agitator or a truck mixer operating at truck agitator or truck mixer agitation speed. (Central-Mix Concrete) (2) Mixed complete in a truck mixer and transported to the placement site at mixing and/or agitating speed (Transit-Mix Concrete), subject to the following provisions: (a) Truck mixers will be permitted to transport concrete to the job site at mixing speed if equipped with double actuated counters which will separate revolutions at mixing speed from total revolutions. (b) Truck mixers equipped with a single actuated counter counting total revolutions of the drum shall mix the concrete at the plant not less than 50 nor more than 70 revolutions at mixing speed, transport it to the job site at agitating speed and complete the required mixing before placing the concrete. (3) Mixed completely in a stationery mixer and transported to the job site in approved non-agitating trucks with special bodies. This method of transporting will be permitted for concrete pavement only. B. Equipment. (1) Batching Plan . The batching plant shall be provided with adequate bins for batching all aggregates and materials required by the specifications. Bulk cement shall be weighed on a scale separate from those used for other materials and in a hopper entirely free and independent of that used for weighing the aggregates. (2) Mixers and Agitators. (a) General: Mixers shall be of an approved stationary or truck-type capable of combining the ingredients into a thoroughly mixed and uniform mass. Facilities shall be provided to permit ready access to the inside of the drum for inspection, cleaning and repair of blades. Mixers and agitators shall be subject to daily examination for changes in condition due to accumulation of hardened concrete and/or wear of blades, and any hardened concrete shall be removed before the mixer will be permitted to be used. Worn blades shall be repaired or replaced with new in 030020 Page 11 of 13 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS accordance with the manufacturer's design and arrangement for that particular unit when any part or section is worn as much as 10 percent below the original height of the manufacturer's design. (b) Stationary Mixers: These shall conform to the requirements of Article "Mixing and Mixing Equipment". Truck mixers mounted on a stationary base will not be considered as a stationary mixer. (c) Truck Mixers: In addition, truck mixers shall comply with the following requirements: An engine in satisfactory working condition and capable of accurately gauging the desired speed of rotation shall be mounted as an integral part of the mixing unit for the purpose of rotating the drum. Truck mixers equipped with a transmission that will govern the speed of the drum within the specified revolutions per minute (rpm)will not require a separate engine. All truck mixers shall be equipped with actuated counters by which the proper number of revolutions of the drum, as specified in Article 11. A. above, may be readily verified. The counters shall be read and recorded at the start of mixing at mixing speeds. Each until shall have adequate water supply and accurate metering or gauging devices for measuring the amount used. (d) Agitators: Concrete agitators shall be of the truck type, capable of maintaining a thoroughly mixed and uniform concrete mass and discharging it within the same degree of uniformity specified for mixers. Agitators shall comply with all of the requirements for truck mixers, except for the actual mixing requirements. C. Operation of Plant and Equipment. Delivery of ready-mixed concrete shall equal or exceed the rate approved by the Engineer for continuous placement. In all cases, the delivery of concrete to the placement site shall assure compliance with the time limits in the applicable specification for depositing successive batches in any monolithic unit. The Contractor shall satisfy the Engineer that adequate standby trucks are available. A standard ticket system will be used for recording concrete batching,mixing and delivery date. Tickets will be delivered to the job inspector. Loads arriving without ticket and/or in unsatisfactory condition shall not be used. When a stationary mixer is used for the entire mixing operation, the mixing time for one cubic yard of concrete shall be one minute plus 15 seconds for each additional cubic yard or portion thereof This mixing time shall start when all cement, aggregates and initial water have entered the drum. 030020 Page 12 of 13 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS The mixer shall be charged so that some of the mixing water will enter the drum in advance of the cement and aggregate. All of the mixing water shall be in the drum by the end of the first one- fourth of the specified mixing time. Water used to flush down the blades after charging shall be accurately measured and included in the quantity of mixing water. The introduction of the initial mixing water, except blade wash down water and that permitted in this Article, shall be prior to or simultaneous with the charging of the aggregates and cement. The loading of truck mixers shall not exceed 63 percent of the total volume of the drum. When used as an agitator only, the loading shall not exceed 80 percent of the drum volume. When Ready-Mix Concrete is used, additional mortar (one sack cement, three parts sand and sufficient water) shall be added to the batch to coat the drum of the mixer or agitator truck, and this shall be required for every load of Class C concrete only and for the first batch from central mix plants. A portion of the mixing water, required by the batch design to produce the desired slump, may be withheld and added at the job site, but only with permission of the Engineer and under his supervision. When water is added under the above conditions, it shall be thoroughly mixed as specified below for water added at the job site. Mixing speed shall be attained as soon as all ingredients are in the mixer, and each complete batch (containing all the required ingredients) shall be mixed not less than 70 nor more than 100 revolutions of the drum at mixing speed except that when water is added at the job site, 25 revolutions (minimum) at mixing speed will be required to uniformly disperse the additional water throughout the mix. Mixing speed shall be as designated by the manufacturer. All revolutions after the prescribed mixing time shall be at agitating speed. The agitating speed shall be not less than one (1) nor more than five (5) rpm. The drum shall be kept in continuous motion from the time mixing is started until the discharge is completed. 12. PLACING, CURING AND FINISHING The placing of concrete, including construction of forms and falsework, curing and finishing, shall be in accordance with City Standard Specification Section 038000 "Concrete Structures". 13. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, the quantities of concrete of the various classifications which will constitute the completed and accepted structure(s) in-place will be measured by the cubic yard, per each, square foot, square yard or linear foot, as the case may be. Measurement will be as shown on the drawings and/or in the Bid Forin. Payment shall be full compensation for furnishing, hauling, mixing, placing, curing and finishing all concrete; all grouting and pointing, furnishing and placing drains; furnishing and placing metal flashing strips; furnishing and placing expansion joint material required by this specification or shown on the plans; and for all forms and falsework, labor, tools, equipment and incidentals necessary to complete the work. 030020 Page 13 of 13 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS SECTION 032020 REINFORCING STEEL 1. DESCRIPTION This specification shall govern the furnishing and placing of reinforcing steel, deformed and smooth, of the size and quantity designated on the plans and in accordance with these specifications. 2. MATERIALS Unless otherwise designated on the plans, all bar reinforcement shall be deformed, and shall conform to ASTM Designation: A 615, Grades 60 or 75, and shall be open hearth, basic oxygen, or electric furnace new billet steel. Large diameter new billet steel (Nos. 14 and 18), Grade 75, will be permitted for straight bars only. Where bending of bar sizes No. 14 or No. 18 of Grade 60 is required, bend testing shall be performed on representative specimens as described for smaller bars in the applicable ASTM Specification. The required bend shall be 90 degrees around a pin having a diameter of 10 times the nominal diameter of the bar. Spiral reinforcement shall be smooth (not defonned) bars or wire of the minimum diameter shown on the plans, and shall be made by one or more of the following processes: open hearth, basic oxygen, or electric furnace. Bars shall be rolled from billets reduced from ingots and shall comply with ASTM Designation: A 306, Grade 65 minimum (references to ASTM Designation: A 29 is voided). Dimensional tolerances shall be in accordance with ASTM Designation: A 615, or ASTM Designation: A 615, Grade 60, except for deformations. Wire shall be cold-drawn from rods that have been hot-rolled from billets and shall comply with ASTM Designation: A 185. In cases where the provisions of this specification are in conflict with the provisions of the ASTM Designation to which reference is made, the provisions of this specification shall govern. Report of chemical analysis showing the percentages of carbon, manganese, phosphorus and sulphur will be required for all reinforcing steel when it is to be welded. 032020 Page 1 of 6 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS The nominal size and area and the theoretical weight of reinforcing steel bars covered by this specification are as follows: Nominal Weight per Bar Size Diameter, Nominal Area, Linear Foot, Number In. Sq. In. Pounds 2 0.250 0.05 0.167 3 0.375 0.11 0.376 4 0.500 0.20 0.668 5 0.625 0.31 1.043 6 0.750 0.44 1.502 7 0.875 0.60 2.044 8 1.000 0.79 2.670 9 1.128 1.00 3.400 10 1.270 1.27 4.303 11 1.410 1.56 5.313 14 1.693 2.25 7.6 18 2.257 4.00 13.60 Smooth round bars shall be designated by size number through No. 4. Smooth bars larger than No. 4 shall be designated by diameter in inches. When wire is ordered by gauge numbers, the following relation between gauge number and diameter, in inches, shall apply unless otherwise specified: Equivalent Equivalent Gauge Diameter, Gauge Diameter, Number Inches Number Inches 0 0.3065 8 0.1620 1 0.2830 9 0.1483 2 0.2625 10 0.1350 3 0.2437 11 0.1205 4 0.2253 12 0.1055 5 0.2070 13 0.0915 6 0.1920 14 0.0800 7 0.1770 032020 Page 2 of 6 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS 3. BENDING The reinforcement shall be bent cold, true to the shapes indicated on the plans. Bending shall preferably be done in the shop. Irregularities in bending shall be cause for rejection. Unless otherwise shown on the plans, the inside diameter of bar bends, in terms of the nominal bar diameter(d), shall be as follows: Bends of 90 degrees and greater in stirrups, ties and other secondary bars that enclose another bar in the bend: Grade 60 #3, #4, #5 4d #6, #7, #8 5d All bends in main bars and in secondary bars not covered above: Grade 60 Grade 75 #3 thru#8 6d -- #9, #10 8d -- #11 8d 8d #14, #18 10d -- 032020 Page 3 of 6 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS 4. TOLERANCES Fabricating tolerances for bars shall be within 3 percent of specified or as follows: Plan Dimon. = 3/4" _1 7/8" Bar or Smollar--Plan- Dimon. ; 1/27 h 1'* Bar or Larger--Plan. D+men. ; 1� 3✓ 1-1= over 6"--0emen.+ Zero or -I/Z7 H = 6 a—`nd less—Dimon. • Zero or 14 7/0- Bar or Smaller--Pion Dimon_ ; 1/20 r- I" Bar or 1_arger—Plan Dimon. s I" piral or Circular Tie Tie: or Stirstap gP1onDimon;-*-1Y Plan Cm-=L=1/2 5. STORING Steel reinforcement shall be stored above the surface of the ground upon platforms, skids or other supports, and shall be protected as far as practicable from mechanical injury and surface deterioration caused by exposure to conditions producing rust. When placed in the work, reinforcement shall be free from dirt, paint, grease, oil, or other foreign materials. Reinforcement shall be free from injurious defects such as cracks and laminations. Rust, surface seams, surface irregularities or mill scale will not be cause for rejection,provided the minimum dimensions, cross- sectional area and tensile properties of a hand wire crushed specimen meets the physical requirements for size and grade of steel specified. 6. SPLICES No splicing of bars, except when provided on the plans or specified herein, will be permitted without written approval of the Engineer. Splices will not be permitted in main reinforcement at points of maximum stress. When permitted in main bars, splices in adjacent bars shall be staggered a minimum of two splice lengths. 032020 Page 4of6 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS TABLE 1 Minimum Lap Requirements Lap Uncoated Coated Lap in inches > 40d 60d Where: d=bar diameter in inches Welding of reinforcing bars may be used only where shown on the plans or as permitted herein. All welding operations, processes, equipment, materials, workmanship and inspection shall conform to the requirements of the drawings and industry standards. All splices shall be of such dimension and character as to develop the full strength of bar being spliced. End preparation for butt welding reinforcing bars shall be done in the field. Delivered bars shall be of sufficient length to permit this practice. For box culvert extensions with less than one foot of fill, the existing longitudinal bars shall have a 20-diameter lap with the new bars. For box culvert extensions with more than one foot of fill, a minimum of 6 inches lap will be required. Unless otherwise shown on the plans, dowel bars transferring tensile stresses shall have a minimum embedment equal to the minimum lap requirements shown in Table 1. Shear transfer dowels shall have a minimum embedment of 12 inches. 7. PLACING Reinforcement shall be placed as near as possible in the position shown on the plans. Unless otherwise shown on the plans, dimensions shown for reinforcement are to the centers of the bars. In the plane of the steel parallel to the nearest surface of concrete, bars shall not vary from plan placement by more than one-twelfth of the spacing between bars. In the plane of the steel perpendicular to the nearest surface of concrete, bars shall not vary from plan placement by more than one-quarter inch. Cover of concrete to the nearest surface of steel shall meet the above requirements but shall never be less than one inch or as otherwise shown on the plans. Vertical stirrups shall always pass around the main tension members and be attached securely thereto. The reinforcing steel shall be spaced its required distance from the form surface by means of approved galvanized metal spacers, metal spacers with plastic coated tips, stainless steel spacers, plastic spacers, or approved pre-cast mortar or concrete blocks. For approval of plastic spacers on the project, representative samples of the plastic shall show no visible indications of deterioration after immersion in a 5 percent solution of sodium hydroxide for 120 hours. All reinforcing steel shall be tied at all intersections, except that where spacing is less than one foot in each direction, alternate intersections only need be tied. Before any concrete is placed, all mortar shall be cleaned from the reinforcement. Precast mortar or concrete blocks to be used for holding steel in position adjacent to formed surfaces shall be cast in molds meeting the approval of the Engineer and shall be cured by covering with wet burlap or 032020 Page 5 of 6 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS cotton mats for a period of 72 hours. The blocks shall be cast in the form of a frustum of a cone or pyramid with the smaller face placed against the forms. A suitable tie wire shall be provided in each block, to be used for anchoring to the steel. Except in unusual cases, and when specifically otherwise authorized by the Engineer, the size of the surface to be placed adjacent to the forms shall not exceed two and one-half inches square or the equivalent thereof in cases where circular or rectangular areas are provided. Blocks shall be cast accurately to the thickness required, and the surface to be placed adjacent to the forms shall be a true plane free of surface imperfections. Reinforcement shall be supported and tied in such manner that a sufficiently rigid case of steel is provided. If the cage is not adequately supported to resist settlement or floating upward of the steel, overturning of truss bars or movement in any direction during concrete placement, permission to continue concrete placement will be withheld until corrective measures are taken. Sufficient measurements shall be made during concrete placement to insure compliance with the first paragraph of Article 7 of this specification. Mats of wire fabric shall overlap each other sufficiently to maintain a uniform strength and shall be fastened securely at the ends and edges. No concrete shall be deposited until the Engineer has inspected the placement of the reinforcing steel and given permission to proceed. 8. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, reinforcing steel is considered subsidiary to the various items shown in the Bid Form and shall not be measured and paid for as a separate item. 032020 Page 6 of 6 Rev.10-30-2014 #852406F-CONFORMED SPECIFICATIONS SECTION 02 23 00- PARTIAL SITE CLEARING AND STIPPING PART 1 GENERAL 1.01 SUMMARY A. Section includes: 1. Protecting existing vegetation to remain. 2. Removing existing vegetation. 3. Clearing and grubbing. 4. Stripping and stockpiling topsoil. 5. Removing above-and below-grade site improvements. 6. Disconnecting, capping or sealing site utilities. 7. Temporary erosion-and sedimentation-control measures. 1.02 MATERIAL OWNERSHIP A. Except for stripped topsoil and other materials indicated to be stockpiled or otherwise remain Owner's property, cleared materials shall become Contractor's property and shall be removed from Project site. 1.03 PROJECT CONDITIONS A. Traffic: Minimize interference with adjoining roads,streets,walks, and other adjacent occupied or used facilities during site-clearing operations. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. 2. Provide alternate routes around closed or obstructed traffic ways if required by Owner or authorities having jurisdiction. 3. Utility Locator Service: Notify utility locator service for area where Project is located before site clearing. B. Do not commence site clearing operations until temporary erosion and sedimentation control and plant protection measures are in place. Site Clearing and Stripping 02 23 00- 1 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS PART 2 RODUCTS—NOT APPLICABLE 2.01 MATERIALS A. Satisfactory Soil Material: Requirements for satisfactory soil material are specified in Section 02300 "Earthwork." 1. Obtain approved borrow soil material off-site when satisfactory soil material is not available on-site. PART 3 EXECUTION 3.01 EXAMINATION A. Section A-Special Provisions:Verification of existing conditions before starting work. B. Identify salvage area for placing removed materials. 3.02 PREPARATION A. Protect and maintain benchmarks and survey control points from disturbance during construction. B. Locate and clearly identify trees, shrubs, and other vegetation to remain or to be relocated. C. Protect existing site improvements to remain from damage during construction. 1. Restore damaged improvements to their original condition,as acceptable to Owner. 3.03 TEMPORARY EROSION AND SEDIMENTATION CONTROL A. Provide temporary erosion-and sedimentation-control measures to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways, according to erosion-and sedimentation-control Drawings and requirements of authorities having jurisdiction. B. Verify that flows of water redirected from construction areas or generated by construction activity do not enter or cross protection zones. Site Clearing and Stripping 02 23 00-2 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS C. Inspect, maintain,and repair erosion-and sedimentation-control measures during construction until permanent vegetation has been established. D. Remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal. 3.04 TREE AND PLANT PROTECTION A. General: Protect trees and plants remaining on-site according to requirements in Section 02231 "Tree Protection and Trimming." B. Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect. 3.05 EXISTING UTILITIES A. Locate, identify, disconnect,and seal or cap utilities indicated to be removed or abandoned in place. 1. Arrange with utility companies to shut off indicated utilities. B. Interrupting Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify Architect not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Architect's written permission. A. Removal of underground utilities is included in earthwork sections and with applicable fire suppression, plumbing, HVAC, electrical, communications, electronic safety and security and utilities sections and Section 02221 "Building Demolition" and Section 01732 "Selective Demolition." 3.06 CLEARING AND GRUBBING A. Remove obstructions,trees,shrubs,and other vegetation to permit installation of new construction. 1. Grind down stumps and remove roots, obstructions, and debris to a depth of 24 inches below natural ground or 24 inches below base of subgrade, whichever is lower. Site Clearing and Stripping 02 23 00-3 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 2. Use only hand methods for grubbing within protection zones. B. Fill depressions caused by clearing and grubbing operations with satisfactory soil material unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding a loose depth of 8 inches and compact each layer to a density equal to adjacent original ground. 3.07 TOPSOIL STRIPPING A. Remove sod and grass before stripping topsoil. B. Strip topsoil to depth per Geotechnical report in a manner to prevent intermingling with underlying subsoil or other waste materials. C. Stockpile topsoil away from edge of excavations without intermixing with subsoil. Grade and shape stockpiles to drain surface water. Cover to prevent windblown dust and erosion by water. 3.08 SITE IMPROVEMENTS A. Remove existing above-and below-grade improvements as indicated and necessary to facilitate new construction. 3.09 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Remove surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste materials including trash and debris, and legally dispose of them off Owner's property. END OF SECTION Site Clearing and Stripping 02 23 00-4 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS SECTION 02 56 12 - CONCRETE SIDEWALKS PART 1—GENERAL 1.01 SECTION INCLUDES A. Reinforced concrete sidewalks. B. Wheelchair curb ramps. 1.02 MEASUREMENT AND PAYMENT A. Measurement and payment shall be as outlined in the Bid Form. If item is not specifically outlined in bid form, it shall not be paid for directly and shall be considered subsidiary to items of work where direct payment is made. 1.03 REFERENCES A. ASTM C 31-Standard Practice for Making and Curing Concrete Test Specimens in Field. B. ASTM C 39 -Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens. C. ASTM C 42 -Test Method for Obtaining and Testing Drilled Cores and Sawed Beams of Concrete. D. ASTM C 138-Standard Test Method for Unit Weight,Yield, and Air Content (Gravimetric) of Concrete. E. ASTM C 143 -Standard Test Method for Slump of Hydraulic Cement Concrete. F. ASTM C 172 -Standard Practice for Sampling Freshly Mixed Concrete. G. ASTM D 698-Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort(12,400 ft-Ibf/ft3 (600 kN-m/m3). H. Texas Accessibility Standards of Architectural Barriers Act, Article 9102,Texas Civil Statues. 1.04 SUBMITTALS A. Submit certified testing results and certificates of compliance. Concrete Sidewalks 02 56 12- 1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS PART 2—PRODUCTS 2.01 MATERIALS A. Concrete: Conform to material and proportion requirements for concrete. B. Reinforcing Steel: Conform to material requirements per plans and specifications. C. Preformed Expansion Joint Material: Conform to material requirements for preformed expansion joint material per plans and specifications. D. Expansion Joint Filler: Conform to material requirements for expansion joint material per plans and specifications. E. Forms: Use straight, unwarped wood or metal forms with nominal depth equal to or greater than proposed sidewalk thickness.The use of 2 x 4's lumber as forms will not be allowed. F. Sand Bed: Conform to material requirements for bank run sand per plans and specifications. G. Sodding: Conform to material requirements for sodding per plans and specifications. H. Coloring for wheelchair ramps: Conform to material requirements for colored concrete per plans and specifications. Color shall be Brick Red or as shown on the drawings. PART 3—EXECUTION 3.01 REPLACEMENT A. Replace sidewalks and slope paving which are removed or damaged during construction with thickness and width equivalent to one removed or damaged, unless otherwise shown on Drawings. Finish surface (exposed aggregate, brick pavers, etc.)to match existing sidewalk. B. Provide replaced and new sidewalks with wheelchair ramps when sidewalk intersects curb at street or driveway. 3.02 PREPARATION A. Identify and protect utilities which are to remain. B. Protect living trees, other plant growth, and features designated to remain. C. Conduct clearing and grubbing operations in accordance with plans and specifications. Concrete Sidewalks 02 56 12-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS D. Excavate subgrade 6 inches beyond outside lines of sidewalk. Shape to line, grade and cross section. For soils with plasticity index above 40 percent, stabilize soil with lime in accordance with plans and specifications. Compact subgrade to minimum of 90 percent maximum dry density at optimum to 3 percent above optimum moisture content, as determined by ASTM 0698. E. Immediately after subgrade is prepared, cover with compacted sand bed to depth as shown on Drawings. Lay concrete when sand is moist but not saturated. 3.03 PLACEMENT A. Setting Forms: Straight, unwarped wood or metal forms with nominal depth equal to or greater than proposed sidewalk thickness. Use of 2 by 4's as forms will not be allowed. Securely stake forms to line and grade. Maintain position during concrete placement. B. Reinforcement: 1. Install reinforcing bars. 2. Install reinforcing steel as shown on the drawings. Lay longitudinal bars in walk continuously, except through expansion joints. 3. Use sufficient number of chairs to support reinforcement in manner to maintain reinforcement in center of slab vertically during placement. 4. Drill dowels into existing paving, sidewalk and driveways, secure with epoxy, and provide headers as required. 5. Use sufficient number of chairs for steel reinforcement bars to maintain position of bars within allowable tolerances. Place reinforcement as shown on Drawings. In plane of steel parallel to nearest surface of concrete, bars shall not vary from plan placement by more than 1/12 of spacing between bars. In plane of steel perpendicular to nearest surface of concrete, bars shall not vary from plan placement by more than 1/4 inch. C. Expansion Joints: Install expansion joints with load transfer units in accordance with plans and specifications. D. Place concrete in forms to specified depth and tamp thoroughly with "jitterbug" tamp, or other acceptable method. Bring mortar to surface. E. Strike off to smooth finish with wood strike board. Finish smoothly with wood hand float. Brush across sidewalk lightly with fine-haired brush. F. Apply coating to wheelchair ramp with contrasting color in accordance with plans and specifications. Concrete Sidewalks 02 56 12-3 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS G. Unless otherwise indicated on Drawings, mark off sidewalk joints 1/8 inch deep, at spacing equal to width of walk. Use joint tool equal in width to edging tool. H. Finish edges with tool having 1/4-inch radius. I. After concrete has set sufficiently, refill space along sides of sidewalk to one-inch from top of walk with suitable material.Tamp until firm and solid, place sod as applicable. Dispose of excess material in accordance with applicable local, state and federal laws. Repair driveways and parking lots damaged by sidewalk excavation in accordance with plans and specifications. 3.04 CURING A. Conform to requirements of plans and specifications. 3.05 FIELD QUALITY CONTROL A. Testing will be performed under provisions of Contract. B. Compressive Strength Test Specimens: Four test specimens for compressive strength test will be made in accordance with ASTM C 31 for each 30 cubic yards or less of sidewalk that is placed in one day.Two specimens will be tested at 7 days. Remaining two specimens will be tested at 28 days. Specimens will be tested in accordance with ASTM C 39. Minimum compressive strength: 2500 psi at 7 days and 3000 psi at 28 days. C. Yield test for cement content per cubic yard of concrete will be made in accordance with ASTM C 138. When cement content is found to be less than that specified per cubic yard, reduce batch weights until amount of cement per cubic yard of concrete conforms to requirements. D. If the Contractor places concrete without notifying the laboratory,the OWNER will have the concrete tested by means of core test as specified in ASTM C 42. When concrete does not meet specification, cost of test will be deducted from payment. E. Sampling of fresh concrete shall be in accordance with ASTM C 172. F. Take slump tests when cylinders are made and when concrete slump appears excessive. G. Concrete shall be acceptable when average of two 28-day compression tests is equal to or greater than minimum 28-day strength specified. H. If either of two tests on field samples is less than average of two tests by more than 10 percent, that entire test shall be considered erratic and not indicative of concrete strength. Core samples will be required of in-place concrete in question. I. If 28-day laboratory test indicates that concrete of low strength has been placed, test concrete in question by taking cores as directed by ENGINEER.Take and test at Concrete Sidewalks 02 56 12-4 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS least three representative cores as specified in ASTM C 42 and deduct cost from payment due. 3.06 NONCONFORMING CONCRETE A. Remove and replace areas that fail compressive strength tests,with concrete of thickness shown on Drawings. B. Replace nonconforming sections at no additional cost to OWNER. 3.07 PROTECTION A. Maintain newly place concrete in good condition until completion of Work. B. Replace damaged areas. END OF SECTION Concrete Sidewalks 02 56 12-5 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS SECTION 02 70 20- CONSTRUCTION SURVEYING PART 1—GENERAL 1.01 DESCRIPTION A. The work under this section includes providing all labor, material,tools and equipment necessary to perform all surveying and staking necessary for the completion of the Project in corformance with the Construction Document drawings and specifications. B. The work shall include the staking, referencing and all other actions as may be required to preserve and restore land monuments and property corners which are situated within the Project area, and to establish monuments as shown on the Drawings. 1.02 QUALITY ASSURANCE A. All surveying involving property lines or monuments shall be done by, or under the direction of, a Registered Land Surveyor licensed in the State of Texas. 1.03 COORDINATION A. Coordinate work of this Section with other directly affected sections as needed. B. Provide templates/schedule to those providing work in other sections so that they can prepare their drawings/submittals as specified herein. PART 2— PRODUCTS(NOT USED) PART 3— EXECUTION A. The Owner will supply information relative to the approximate locations of monuments and corners, but final responsibility for locations, referencing, and restoration will rest with the Contractor. B. In the event the Contractor does not replace the survey monuments and property corners disturbed by the Contractor's operations,the Owner may, after first notifying the Contractor, replace the monuments in question. The cost of such replacements shall be deducted from payments to the Contractor. C. The Contractor shall supply the Owner with a copy of all surveryors' notes, prior to the request for final payment, and include the information on the record drawings. D. The Contractor shall obtain all information necessary for as-built plan production,from actual measurements and observations made by its own personnel, including Subcontractors, and submit this information to the Engineer. E. The Contractor shall use competent, qualified personnel and suitable equipment for the layout work required and shall furnish all stakes,templates, straightedges and other Construction Surveying 02 70 20-1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS devices necessary for establishing, checking and maintaining the required points, lines and grades. F. The Contractor shall perform all staking necessary to delineate clearing and/or grubbing limits; all cross sections necessary for determination of excavation and embankment quantities, including intermediate and/or remeasure cross sections as may be required; all slope staking; all staking of culverts and drainage structures, including the necessary checking to establish the proper location and grade to best fit the conditions on site; the setting of such finishing stakes as may be required; the staking of right-of-way;the staking, referencing and other actions as may be required to preserve or restore land monuments and property corners; and all other staking necessary to complete the Project. G. Field notes shall be kept in standard bound notebooks in a clear, orderly and neat manner, consistent with standard engineering and surveying practices. The Contractor's field books shall be available for inspection by the Engineer at any time. H. All field survey notes, including those which become source documentation from which quantities for payment are computed, shall be recorded by a notekeeper furnished by the Contractor. The notekeeper shall be thoroughly familiar with generally accepted standards of good survey notekeeping practice. I. The Engineer may randomly spot-check the Contractor's surveys, staking and computations at the Engineer's discretion. After the survey or staking has been completed, the Contractor shall provide the engineer with a minimum of 72 hours notice prior to performing any Work, and shall furnish the appropriate data as required,to allow for such random spot-checking; however the Owner assumes no responsibility for the accuracy of the work. END OF SECTION Construction Surveying 02 70 20-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS SECTION 02 76 40-CONCRETE PAVING JOINT SEALANTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Cold-applied joint sealants. 2. Hot-applied joint sealants. 3. Joint-sealant backer materials. 4. Primers. 1.02 ACTION SUBMITTALS A. Product Data: For each type of product. B. Paving-Joint-Sealant Schedule: Include the following information. 1. Joint-sealant application,joint location,and designation. 2. Joint-sealant manufacturer and product name. 3. Joint-sealant formulation. 4. Joint-sealant color 1.03 INFORMATION SUBMITTALS A. Product certificates. 1.04 QUALITY ASSURANCE A. Installer Qualifications: 1. An employer of workers trained and approved by manufacturer. B. Source Limitations: 1. Obtain each type of joint sealant through one source from a single manufacturer. Concrete Paving Joint Sealants 02 76 40- 1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS C. Testing: 1. Testing will not be required if joint-sealant manufacturers submit joint preparation data that are based on previous testing of current sealant products for adhesion to, and compatibility with,joint substrates and other materials matching those submitted. 1.05 DELIVERY,STORAGE,AND HANDLING A. Deliver materials to Project site in original unopened containers or bundles with labels indicating manufacturer, product name and designation, color, expiration date, pot life, curing time, and mixing instructions for multi-component materials. Store and handle materials to comply with manufacturer's written instructions to prevent their deterioration or damage due to moisture, high or low temperatures, contaminants, or other causes. 1.06 PROJECT CONDITIONS A. General: 1. Do not proceed with installation of joint sealants under the following conditions: a. When ambient and substrate temperature conditions are outside limits permitted by joint-sealant manufacturer. b. When joint substrates are wet or covered with frost. C. Where joint widths are less than those allowed by joint-sealant manufacturer for applications indicated. d. At locations where contaminants capable of interfering with adhesion have not yet been removed from the joint substrates. 2. Where contaminants capable of interfering with adhesion have not yet been removed from joint substrates. PART 2 PRODUCTS 2.01 MATERIALS,GENERAL A. Compatibility: Provide joint sealants, backing materials, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by joint-sealant manufacturer, based on testing and field experience. Concrete Paving Joint Sealants 02 76 40-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 2.02 COLD-APPLIED JOINT SEALANTS A. Single-Component, Nonsag,Silicone Joint Sealant: ASTM D 5893/D 5893M,Type NS. 1. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: a. Crafco Inc.,an ERGON company; RoadSaver Silicone. b. Dow Corning Corporation; 888. C. Pecora Corporation;301 NS. B. Single-Component,Self-Leveling,Silicone Joint Sealant: ASTM D 5893/D 5893M,Type SL. 1. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: a. Crafco Inc.,an ERGON company; RoadSaver Silicone SL. b. Dow Corning Corporation; 890-SL C. Pecora Corporation;300 SL. C. Multicomponent, Nonsag, Urethane, Elastomeric Joint Sealant: ASTM C920,Type M, Grade NS, Class 25, for Use T. 1. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: a. Meadows,W.R.,Inc; Pourthane NS. D. Multicomponent, Pourable, Urethane, Elastomeric Joint Sealant: ASTM C920,Type M, Grade P, Class 25, for Use T. 1. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: a. Pecora Corporation. Concrete Paving Joint Sealants 02 76 40-3 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 2.03 HOT-APPLIED JOINT SEALANTS A. Sealant for Concrete and Asphalt: Single-component formulation complying with ASTM D 6690. 2.04 JOINT-SEALANT BACKER MATERIALS A. Provide joint-sealant backer materials that are non-staining; are compatible with joint substrates, sealants, primers, and other joint fillers; and are approved for applications indicated by joint-sealant manufacturer based on field experience and laboratory testing. B. Backer Strips for Cold-and Hot-Applied Sealants: ASTM D 5249;Type 2; of thickness and width required to control sealant depth, prevent bottom-side adhesion of sealant, and fill remainder of joint opening under sealant. C. Round Backer Rods for Cold-Applied Sealants: ASTM D 5249, Type 3, of diameter and density required to control sealant depth and prevent bottom-side adhesion of sealant. 2.05 PRIMERS A. Primers: Product recommended by joint-sealant manufacturer where required for adhesion of sealant to joint substrates indicated. PART 3 EXECUTION 3.01 EXAMINATION A. Examine joints indicated to receive joint sealants,with Installer present, for compliance with requirements for joint configuration, installation tolerances, and other conditions affecting joint-sealant performance. Proceed with installation only after unsatisfactory conditions have been corrected. 3.02 PREPARATION A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with joint-sealant manufacturer's written instructions. 3.03 INSTALLATION OF JOINT SEALANTS A. Comply with joint-sealant manufacturer's written installation instructions for products and applications indicated, unless more stringent requirements apply. B. Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of joint sealants as applicable to materials, applications,and conditions indicated. C. Cleaning of Joints: Clean out joints immediately to comply with joint-sealant Concrete Paving Joint Sealants 02 76 40-4 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS D. Joint Priming: Prime joint substrates where indicated or where recommended in writing byjoint-sealant manufacturer. E. Install backer materials of type indicated to support sealants during application and at position required to produce cross-sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability. 1. Do not leave gaps between ends of backer materials. 2. Do not stretch,twist, puncture, or tear backer materials. 3. Remove absorbent backer materials that have become wet before sealant application and replace them with dry materials. F. Install sealants using proven techniques that comply with the following and at the same time backings are installed. 1. Placejoint sealants so they fully contactjoint substrates. 2. Completely fill recesses in each joint configuration. 3. Produce uniform, cross-sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. G. Tooling of Nonsag Joint Sealants: Immediately after joint-sealant application and before skinning or curing begins,tool sealants according to the following requirements to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint: 1. Remove excess joint sealant from surfaces adjacent to joints. 2. Use tooling agents that are approved in writing by joint-sealant manufacturer and that do not discolor sealants or adjacent surfaces. H. Provide joint configuration to comply with joint-sealant manufacturer's written instructions, unless otherwise indicated. I. Provide recessed joint configuration for silicone sealants of recess depth and at locations indicated. Concrete Paving Joint Sealants 02 76 40-5 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 3.04 CLEANING A. Clean off excess sealants or sealant smears adjacent to joints as the Work progresses by methods and with cleaning materials approved by manufacturers of joint sealants and of products in which joints occur. 3.05 PROTECTION A. Protect joint sealants during and after curing period from contact with contaminating substances and from damage resulting from construction operations or other causes so sealants are without deterioration or damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated joint sealants immediately and replace them with joint sealant so installations with repaired areas are indistinguishable from the original work. END OF SECTION Concrete Paving Joint Sealants 02 76 40-6 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS SECTION 03 20 00-CONCRETE REINFORCEMENT PART 1—GENERAL 1.01 SECTION INCLUDES A. Reinforcing steel bars and accessories for cast-in-place concrete. 1.02 RELATED SECTIONS A. Section 03 10 00-Concrete Formwork. B. Section 03 30 00-Cast-in-Place Concrete. 1.03 REFERENCES A. ACI 301-Structural Concrete for Buildings. B. ACI 318- Building Code Requirements For Reinforced Concrete. C. ACI SP-66-American Concrete Institute- Detailing Manual. D. ASTM A82-Cold Drawn Steel Wire for Concrete Reinforcement. E. ASTM A185-Welded Steel Wire Fabric for Concrete Reinforcement. F. ASTM A615- Deformed and Plain Billet Steel Bars for Concrete Reinforcement G. CRSI -Concrete Reinforcing Steel Institute-Manual of Practice H. CRSI 63- Recommended Practice For Placing Reinforcing Bars. I. CRSI 65- Recommended Practice For Placing Bar Supports,Specifications and nomenclature. 1.04 SUBMITTALS FOR REVIEW A. Shop Drawings: Indicate bar sizes,spacings, locations, and quantities of reinforcing steel and wire fabric, bending and cutting schedules,and supporting and spacing devices. Concrete Reinforcement 03 20 00- 1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 1.05 SUBMITTALS FOR INFORMATION A. Manufacturer's Certificate: Certify that products comply with or exceed the specified requirements. 1.06 QUALITY ASSURANCE A. Perform Work in accordance with CRSI 63, 65 and Manual of Practice ACI 301,ACI SP-66 and ACI 318. B. Provide Architect/Engineer with access to fabrication plant to facilitate inspection of reinforcement. Provide notification of commencement and duration of shop fabrication in sufficient time to allow inspection. C. Design shop drawing reinforcement under direct supervision of a licensed Professional Engineer experienced in structural engineering and design of this type of work and licensed in the State of Texas. PART 2— PRODUCT 2.01 REINFORCEMENT A. Reinforcing Steel:ASTM A615,Grades 40 and 60 ksi yield grade; deformed billet steel bars, unfinished. B. Welded Wire Mesh: ASTM A 185,flat sheet only. Rolled mesh will not be permitted. 2.02 ACCESSORIES A. Tie Wire: Minimum 16 gage annealed type. B. Chairs, Bolsters, Bar Supports,Spacers: Sized and shaped for strength and support of reinforcement during concrete placement conditions including load bearing pad on bottom to prevent vapor barrier puncture. 2.03 FABRICATION A. Fabricate concrete reinforcing in accordance with CRSI Manual of Practice ACI SP-66,ACI 318. B. Locate reinforcing splices not indicated on drawings,at point of minimum stress. Review location of splices with Architect/Engineer. Concrete Reinforcement 03 20 00-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS PART 3— EXECUTION 3.01 PLACEMENT A. Place,support and secure reinforcement against displacement. Do not deviate from required position. B. Accommodate placement of formed openings. C. Maintain concrete cover around reinforcing as shown. 3.02 FIELD QUALITY CONTROL A. Comply with the pertinent requirements of Part A of the Provisions. B. Inspect for acceptability. END OF SECTION Concrete Reinforcement 03 20 00-3 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS SECTION 03 30 00- CAST-IN-PLACE CONCRETE PART 1 GENERAL 1.01 SECTION INCLUDES A. Cast-in place concrete requirements for site work concrete. B. Monolithic stiffened slab and beam on grade, concrete columns. 1.02 REFERNCES A. ACI 301-Structural Concrete for Buildings; B. ACI 305R- Hot Weather Concreting; C. ACI 306R-Cold Weather Concreting; D. ACI 308-Standard Practice for Curing Concrete; E. ACI 318-Building Code Requirements for Reinforced Concrete; F. ASTM C33-Concrete Aggregates; G. ASTM C94- Ready-Mixed Concrete; H. ASTM C150- Portland Cement; I. ASTM C260-Air Entraining Admixtures for Concrete; J. ASTM C494-Chemical Admixtures for Concrete; K. ASTM C618- Fly Ash and Raw or Calcinated Natural Pozzolan for Use as a Mineral Admixture in Portland Cement Concrete; and L. ASTM D994- Preformed Expansion Joint Filler for Concrete (Bituminous Type); 1.03 SUBMITTALS FOR REVIEW A. Product Data: Provide data on joint devices,attachment accessories and admixtures. 1.04 SUBMITTALS FOR INFORMATION A. Manufacturer's Installation Instructions: Indicate installation procedures and interface required with adjacent Work. Cast-In-Place Concrete 03 30 00- 1 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 1.05 SUBMITTALS AT PROJECT CLOSEOUT A. Accurately record actual locations of embedded utilities and components that are concealed from view. 1.06 QUALITY ASSUANCE A. Perform Work in accordance with ACI 301; B. Acquire cement and aggregate from same source for the work of this Section; C. Conform to ACI 305R when concreting during hot weather; and D. Conform to ACI 306R when concreting during cold weather. PART 2 P RODUCTS 2.01 CONCRETE MATERIALS A. Cement: ASTM C150,Type I- Normal or Type III - High Early Strength; B. Fine and Coarse Aggregates:ASTM C33; and C. Water: Clean and not detrimental to concrete. 2.02 ADMIXTURES A. Air Entrainment: ASTM C260; and B. Fly Ash: ASTM C618, Class F only. Class C fly ash will not be permitted. 2.03 ACCESSORIES A. Adhesive to set dowels in existing concrete: Hilti HIT C-100, Hilti HVA Adhesive Anchor System or approved equivalent. 2.04 UNDERSLAB VAPOR BARRIER A. 15 Mil. by Tex-Trude or approved equal; and B. Openings& holes:seal with manufacturer tape,overlap joints 6" min. Provide formed jacks at all pipes and penetrations. Cast-In-Place Concrete 03 30 00-2 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 2.05 JOINT DEVICES AND FILLER MATERIALS A. Joint Filler: ASTM D1751;Asphalt impregnated fiberboard or felt, 1"-inch thick; and B. Paving cap seal at walk areas, Greenstreak#628 or#610,verify model number for purpose intended. 2.06 CONCRETE MIX A. Mix and deliver concrete in accordance with ASTM C94; B. Provide concrete to the following criteria: 1. Compressive Strength:See drawings in 28 days after placement. 2. Aggregate Size(maximum): 3/4 inch or 1-1/2 inch see plans. 3. Air Entrained: 3 percent. 4. Fly Ash Content: Maximum 25 percent of cement content. 5. Slump: 3 inches(plus or minus one inch). C. Use accelerating admixtures in cold weather only when approved by Architect/Engineer. Use of admixtures will not relax cold weather placement requirements; D. Do not use calcium chloride under any circumstances; E. Use set retarding admixtures during hot weather only when approved by Architect/Engineer; and F. Add air entraining agent to normal weight concrete mix for work exposed to exterior. PART 3 EXECUTION 3.01 EXAMINATION A. Verify site conditions; B. Verify requirements for concrete cover over reinforcement; and C. Verify that anchors, seats, plates, reinforcement and other items to be cast into concrete are accurately placed, positioned securely,and will not cause hardship in placing concrete. Cast-In-Place Concrete 03 30 00-3 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 3.02 PREPARATION A. Coordinate the placement of joint devices with erection of concrete formwork and placement of form accessories. 3.03 PLACING CONCRETE A. Place concrete in accordance with ACI 318; B. Notify Architect/Engineer a minimum of 24 hours prior to commencement of placement operations; C. Ensure reinforcement, inserts and embedded parts are not disturbed during concrete placement; D. Maintain records of concrete placement. Record date, location, quantity, air temperature, and test samples taken; E. Place concrete continuously; and F. Screed floors and slabs on grade level, maintaining surface flatness of maximum 1/4 inch in 10 ft, accept that tolerances required for compliance with Texas Accessibility Standards shall govern. 3.04 CONCRETE FINISHING A. Provide formed concrete surfaces to be left exposed with smooth rubbed finish; B. Finish concrete floor surfaces in accordance with ACI 301; C. Steel trowel surfaces that are scheduled to be exposed; D. Medium broom finish over steel trowel on exterior walking surfaces; and E. In areas with floor drains, maintain floor elevation at walls; pitch surfaces uniformly to drains as indicated on the Drawings. 3.05 CURING AND PROTECTION A. Immediately after placement, protect concrete from premature drying, excessively hot or cold temperatures,and mechanical injury; B. Maintain concrete with minimal moisture loss at relatively constant temperature for period necessary for hydration of cement and hardening of concrete; and C. Cure concrete floor surfaces to comply with the requirements of Section 03 37 00. Cast-In-Place Concrete 03 30 00-4 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 3.06 FIELD QUALITY CONTROL A. Comply with pertinent requirements of Part A of the Provisions; B. Provide free access to Work and cooperate with appointed representative of the Architect; C. Submit proposed mix design of each class of concrete to testing firm and Architect for review prior to commencement of the work of this Section; D. Tests of cement and aggregates may be performed to ensure conformance with specified requirements; E. Three concrete test cylinders will be taken for every 50 or less cubic yards of each class of concrete placed; F. One additional test cylinder will be taken during hot or cold weather concreting, cured on job site under same conditions as concrete it represents;and G. One slump test will be taken for each set of test cylinders taken. 3.07 PATCHING A. Allow Architect/Engineer to inspect concrete surfaces immediately upon removal of forms; B. Excessive honeycomb or embedded debris in concrete is not acceptable. Notify Architect/Engineer upon discovery of such defects;and C. Patch imperfections as directed. 3.08 DEFECTIVE CONCRETE A. Defective Concrete: Defined as concrete not conforming to required lines, details, dimensions,tolerances or other specified requirements; B. Repair and/or replace defective concrete with new materials when determined and so directed by the Architect/Engineer; and C. Do not patch,fill,touch-up, repair,or replace exposed concrete except upon express direction of Architect/Engineer for each individual area. END OF SECTION Cast-In-Place Concrete 03 30 00-5 Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS SECTION 03 37 00-CONCRETE CURING PART 1—GENERAL 1.01 SECTION INCLUDES A. Initial and final curing of horizontal and vertical concrete surfaces. 1.02 RELATED SECTIONS A. Section 03300—Cast-In-Place Concrete. 1.03 REFERENCES A. ACI 301-Structural Concrete for Buildings. B. ACI 302- Recommended Practice for Concrete Floor and Slab Construction. C. ACI 308-Standard Practice for Curing Concrete. D. ASTM C171-Sheet Materials for Curing Concrete. E. ASTM C309- Liquid Membrane-Forming Compounds for Curing Concrete. F. ASTM D2103- Polyethylene Film and Sheeting 1.04 SUBMITTALS A. Product Data: Provide data on curing compounds, compatibilities, and limitations. 1.05 QUALITY ASSURANCE A. Perform Work in accordance with ACI 301 and ACI 302. 1.06 DELIVERY,STORAGE,AND HANDLING A. Deliver curing materials in manufacturer's packaging including application instructions. PART 2— PRODUCTS 2.01 MATERIALS A. Membrane Curing Compound:ASTM C309 Type 1 acrylic clear without fugitive dye; Kure-N- Seal manufactured by Sonneborn, or approved equivalent. B. Other Materials for Use in Curing: When appropriate and approved by the Architect,other materials may use in the concrete curing process such as sheet materials conforming to ASTM C 171 or ASTM C 2103. Concrete Curing 03 37 00- 1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS C. Water: Potable, not detrimental to concrete. PART 3— EXECUTION 3.01 EXAMINATION A. Verify that substrate surfaces are ready to be cured. 3.02 EXECUTION-HORIZONTAL SURFACES A. Cure floor surfaces in accordance with ACI 308. B. Membrane Curing Compound: Apply curing compound in accordance with manufacturer's instructions in two coats,the second coat applied at right angles to first. C. When other approved curing methods are used,comply with the requirements of ACI 308 as appropriate. 3.03 EXECUTION-VERTICAL SURFACES A. Cure surfaces in accordance with ACI 308. 3.04 PROTECTION OF FINISHED WORK A. Protect the finished concrete work and other adjoining surfaces and materials. B. Do not permit traffic over any unprotected floor surface. END OF SECTION Concrete Curing 03 37 00-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS SECTION 05 50 00- METAL FABRICATIONS PART 1—GENERAL 1.01 SECTION INCLUDES A. Shop fabricated ferrous metal items,galvanized or prime painted, and aluminum items. B. Hot dipped galvanized railing and inserts where indicated on drawings and specifications. 1.02 RELATED SECTIONS A. Section 07 60 00: Flashing and sheet metal. 1.03 SUBMITTALS A. Shop Drawings: Indicate profiles, sizes, connection attachments, reinforcing, anchorage, size and type of fasteners, and accessories. Include erection drawings, elevations, and details where applicable. B. Indicate welded connections using standard AWS A2.4 welding symbols. Indicate net weld lengths. PART 2— PRODUCTS 2.01 MATERIALS A. Steel Sections, Plates, and Bars: ASTM A36 or ASTM A572, Grade 50, as applicable B. Steel Pipe: ASTM A53, Grade B, Schedule 40. C. Bolts, Nuts, and Washers: ASTM A325 galvanized to ASTM A153. D. Handrail Fittings: Elbows with 3-inch inside radius and T-shapes; cast or machined steel. E. Welding Materials: AWS D1.1. F. Shop and Touch-Up Primer: SSPC 15,Type 1, red oxide. G. Touch-Up Primer for Galvanized Surfaces: Zinc rich type. 2.02 FABRICATION—GENERAL A. Fit and shop assemble items in largest practical sections,for delivery to site. B. Continuously seal joined members by continuous welds. Metal Fabrications 05 50 00- 1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS C. Grind exposed joints flush and smooth with adjacent finish surface. Make exposed joints butt tight,flush, and hairline. Ease exposed edges to small uniform radius. D. Exposed Mechanical Fastenings: Flush countersunk screws or bolts, consistent with design of component. E. Supply components required for anchorage of fabrications. Fabricate anchors and related components of same material and finish as fabrication. 2.03 FINISHES A. Prepare surfaces in accordance with SSPC SP 10. B. Shop prime items with two coats. Do not prime surfaces in direct contact with concrete or where field welding is required. PART 3— EXECUTION 3.01 EXAMINATION AND PREPARATION A. Verify that field conditions are acceptable and are ready to receive work. B. Make provisions for erection loads with temporary bracing. Keep work in alignment. C. Supply items required to be cast into concrete or embedded in masonry with setting templates,to appropriate sections. 3.02 INSTALLATION A. Install items plumb and level, accurately fitted,free from distortion or defects. B. Allow for erection loads and provide temporary bracing to maintain true alignment until completion of erection and installation of permanent attachments. C. Field weld components as indicated. Perform field welding in accordance with AWS D1.1. D. Obtain Architect/Engineer approval prior to site cutting. E. After erection, prime welds, abrasions, and surfaces not shop primed or galvanized, except surfaces to be in contact with concrete. 05500-2 Metal Fabrications #852406F-CONFORMED SPECIFICATIONS 3.03 SCHEDULE A. Refer to Drawing details for items not specifically scheduled. B. Plates,Angels, and Channels Not Attached to Structural Framing: For inserts in concrete, and weld plates; natural finish. For items cast into concrete, provide headed- anchor-type welding studs as indicated on Drawings and specified herein. END OF SECTION Metal Fabrications 05 50 00-3 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS SECTION 07 60 00- FLASHING AND SHEET METAL PART1 GENERAL 1.01 DESCRIPTION: A. Work Included: Flashing and Sheet Metal required to prevent penetration of water through exterior shell of building. 1.02 QUALITY ASSURANCE: A. Qualification of Installers: At least one person shall be present at all times during execution of this work who is thoroughly trained and experienced in the materials and methods required to fabricate and install the flashing and sheet metal work specified herein. B. Codes and Standards: 1. Comply with all pertinent codes and regulations. 2. Comply with pertinent recommendations of current edition of"Architectural Sheet Metal Manual" of the Sheet Metal and Air Conditioning Contractors National Association, Inc. (SMACNA) 1.03 SUBMITTALS: A. Product Data: Submit manufacturer's product specifications, installation instruction and general recommendation for each specified sheet material and fabricated product. B. Samples: Submit two(2) 12" long completely finished units of specified factory-fabricated products exposed as finished work. C. Shop Drawings: Submit shop drawings for review showing layout,joining, profiles, and anchorages of fabricated work, including major counter-f lash ings,trim/fascia units, roof- top curbs and expansion joint systems. Layouts shall be at 1/4"scale and details shall be at 3" scale. D. Warranty: Submit manufacturer's five(5)year warranty for prefabricated roof edge fascia system. Warranty shall certify that system was installed per manufacturer's recommendations. 1.04 PRODUCT HANDLING: A. Protection: 1. Protect flashing and sheet metal materials before and during installation. 2. Protect installed work and materials of other trades. Flashing and Sheet Metal 07 60 00- 1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS B. Replacements: In event of damage, immediately make all repairs or replacements necessary. PART 2. PRODUCTS 2.01 MATERIALS AND GAUGES: A. Where sheet metal is required and no material or gauge is indicated,furnish and install the highest quality and gauge commensurate with referenced standard. 2.02 ZINC-COATED STEEL FLASHING: A. Commercial quality carbon steel sheets with minimum of 0.20%copper content complying with ASTM A526; hot-dip galvanized to comply with ASTM A525, 1.25 Commercial Class, mill phosphatised except where unpainted. B. Roof Top Expansion Joint Covers: 24 Gauge. C. Gutters, Downspouts, header Box, Downspout Straps, Fascia,Scuppers and Splash Pans: 24-gauge,galvalume substrate with Kynar 500 finish. 2.03 LEAD FLASHING: A. Sheet complying with FS QQ-L-201,Grade B;formed from Common Desilverized Pig Lead complying with ASTM B-29. B. Weight 4.0 lbs. per sq.ft. unless otherwise indicated. 2.04 NAILS,RIVETS AND FASTENERS: A. Rivets: Soft iron having rust-resistive coating. B. Nails: Galvanized. C. Screws and washers in connection with galvanized iron and steel: Cadmium plated. 2.05 FLUX: A. For use with galvanized iron or steel: Raw Muriatic Acid. 2.06 SOLDER: A. Conform with current ASTM B-32. 50%tin ad 50%lead. 2.07 BURNING ROD FOR LEAD: A. Same composition as lead sheet. Flashing and Sheet Metal 07 60 00-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS PART 3. EXECUTION 3.01 SURFACE CONDITIONS: A. Inspection: 1. Inspect installed work and verify that all such work is complete to the point where this installation may commence. 2. Verify that work may be installed in accordance with all pertinent codes and regulations,original design, pertinent codes and regulation, reference standards and approved Shop Drawings. B. Discrepancies: 1. In the event of discrepancy, notify the Architect. 2. Do not proceed until discrepancies have been fully resolved. 3.02 WORKMANSHIP: A. General: 1. Form all sheet metal accurately to dimensions and shapes required. 2. Finish all molded and broken surfaces with true,sharp and straight lines and angles. 3. Where members intercept, cope to an accurate fit and solder securely. 4. Turn all exposed edges back 1/2 inch. B. Expansion: Form,fabricate,and install sheet metal to adequately provide for expansion and contraction in the finished work. C. Weatherproofing: 1. Finish watertight and weathertight where required. 2. All lock seam work to be flat and true to line and sweated full of solder. 3. Make all lock seams and lap seams,when soldered, at least 1/2 inch wide. 4. Where lap seams are not soldered, lap according to pitch but in no case less than three inches. 5. Make all flat and lap seams in direction of flow. Flashing and Sheet Metal 07 60 00-3 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS D. Joints: 1. Join parts with rivets or sheet metal screws where necessary for strength or stiffness. 2. Provide suitable watertight expansion joints for all runs of more than 40 feet unless otherwise indicated or required. E. Dissimilar Materials: Coat the back side of sheet metal with 15-mil sulfur-free bituminous coating to separate sheet metal when in contact with cementitious materials,wood and other absorbent materials. F. Nailing: 1. Whenever possible,secure metal by means of clips or cleats without nailing through metal. 2. In general, space all nails, rivets,and screws not more than eight inches apart and, where exposed to weather, use lead washers. 3. For nailing into wood, use barbed roofing nails 1 1/4 inch long by eleven gages. 4. Use drilled plugholes and plugs for nailing into concrete. G. Downspout Straps: Downspout straps to anchor downspout to wall surface shall be provided at a maximum of 8'-0" o.c.vertically top and bottom, minimum unless otherwise indicated. 3.03 SOLDERING: A. General: 1. Clean and tin all joint materials prior to soldering. 2. Perform all soldering slowly with a well heated heavy soldering copper of blunt design. 3. Heat seams thoroughly to completely fill with solder. 4. Exposed soldering on finish surfaces shall be neat,fully flowing,and smooth. B. Cleaning: Thoroughly wash acid flux with soda solution. 3.04 TESTS: A. Demonstrate by hose or standing water that all flashing and sheet metal is completely watertight. END OF SECTION Flashing and Sheet Metal 07 60 00-4 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS SECTION 26 00 10-SPECIAL PROVISIONS FOR ELECTRICAL WORK PART 1 GENERAL 1.01 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. 1.02 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 of 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. Special Provisions for Electrical Work 26 00 10-1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS 2. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them. 1.03 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. 1.04 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 an electronic copy to provide be reviewed by the Engineer and retained by the Architect. 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 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. Special Provisions for Electrical Work 26 00 10-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS 1.05 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 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. 1.06 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. Substitutions: 01 60 00- Product Requirements 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 2.01 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 Kromil< primer and Metalatex semi-gloss enamel. 2.02 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. Special Provisions for Electrical Work 26 00 10-3 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS PART 3 EXECUTION 3.01 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. 3.02 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. 3.03 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. Special Provisions for Electrical Work 26 00 10-4 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS 3.04 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. 3.05 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. Special Provisions for Electrical Work 26 00 10-5 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS 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 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. 3.06 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. Special Provisions for Electrical Work 26 00 10-6 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS 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. Materials 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. 3.07 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 craftsman experienced in performing this type of work. 3.08 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. Special Provisions for Electrical Work 26 00 10-7 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS 3.09 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. 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 Special Provisions for Electrical Work 26 00 10-8 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS SECTION 26 01 11 - CONDUIT& FITTINGS PART 1 GENERAL 1.01 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. 1.02 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 0190 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. 1.03 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. 1.04 QUALITY ASSURANCE: A. Conduits shall be in accord with ANSI Standard C 80. B. Each length of conduit shall bear the UL Label. See Section 0160 00- Product Requirements. PART 2 PRODUCTS 2.01 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. Conduits and Fittings 26 01 11-1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS 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. 2.02 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. 2.03 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 3.01 MATERIAL SELECTION: A. 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 one-half inch (1/2") may be used for individual connections to lighting fixtures. 3.02 CONDUIT: A. Run at levels and locations to avoid interference with the structure and walls. 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. Relocate conduits when excessive build-up occurs. Conduits and Fittings 26 01 11-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS C. 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. D. 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. 3.03 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. 3.04 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 Conduits and Fittings 26 01 11-3 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS SECTION 26 0120-WIRE AND CABLE - 600 VOLTS AND UNDER PART 1 GENERAL 1.01 WORK INCLUDED: A. Furnish and install electrical wires and cables for the distribution of electric power, controls, grounding and signals for the electrical systems. 1.02 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. 1.03 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. 1.04 QUALITY ASSURANCE: A. Electrical conductors shall be UL listed and bear the UL label. PART 2 PRODUCTS 2.01 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 volts. 2. For branch circuits of No. 12 and No. 10 AWG -Type THHN, 600 volts. 3. For control wiring-Type THHN 600 volts, No. 14 AWG minimum size. 4. Wiring run underground -Type THHN/THWN, or XHHW 600 volts. 5. For fixture wiring-Type AF, 300 volts, No. 14 AWG minimum size. Wire and Cable—600 Volts and Under 26 01 20-1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-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 26 01 20-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS 2.02 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. 2.03 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 3.01 CONDUCTOR SELECTION: A. The minimum size of wire shall be No. 12 AWG except as noted otherwise on 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. 3.02 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 26 01 20-3 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-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. 3.03 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. 3.04 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 26 01 20-4 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS SECTION 26 0131 -JUNCTION AND PULL BOXES PART 1 GENERAL 1.01 WORK INCLUDED: A. Furnish and install junction and pull boxes where indicated or where necessary for installation of the wiring systems. Contractor shall note that junction and pull boxes exist for current lighting system. B. Secure prior approval of the Architects for locations of all boxes not specifically located on the drawings. 1.02 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 0190 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. 1.03 SUBMITTALS: A. Shop Drawings shall be submitted on each specifically fabricated junction or pull box. PART 2 PRODUCTS 2.01 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. D. Junction and pull boxes installed outdoors shall be weatherproof with watertight gasketed covers fastened with corrosion resistant screws. Junction and Pull Boxes 26 01 31-1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS E. Except as otherwise indicated, boxes shall be not less than code requirements. PART 3 EXECUTION 3.01 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 support in large boxes per N.E.C. 370-18 where conductors must be supported. 3.02 LABELING: A. Conductors passing through the boxes shall be marked as to phase. END OF SECTION Junction and Pull Boxes 26 01 31-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS SECTION 26 0134- OUTLET BOXES PART 1 GENERAL 1.01 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. 1.02 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. 1.03 SUBMITTALS: A. Submit Manufacturers' specification data on each type of box and trim to be furnished to the job. PART 2 PRODUCTS 2.01 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: Quadplex ground fault circuit interrupter (GFCI) receptacle with RaynGuard Jumbo 2-Gang Weatherproof In-Use Cover (Catalog # MX6200), 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. Outlet Boxes 26 01 34-1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS PART 3 EXECUTION 3.01 INSTALLATION: A. Install and leave boxes in a neat, clean and workman like manner. B. Determine exact locations of all outlets from visiting the site. C. Each recessed lighting fixture shall be independently connected from a junction box which is readily accessible. D. Junction box shall be exposed to weather and salt spray. END OF SECTION Outlet Boxes 26 01 34-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS SECTION 26 05 01- LIGHTING FIXTURES PART1 GENERAL 1.01 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 designation is omitted on the drawings. 1.02 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. 1.03 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 basis for work delay or extra compensation. 1.04 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. Lighting Fixtures 26 09 21- 1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS PART 2 PRODUCTS 2.01 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. 2.02 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. 2.03 CONTROLS: A. 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. B. Integrated lighting controls shall be as shown on the drawing and shall be manufactured by Sensor Switch. PART 3 EXECUTION 3.01 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 or other areas where the fixture is indicated. Refer to 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 junction boxes to provide ready access through the opening. Install hangers to support fixtures. Lighting Fixtures 26 09 21-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS C. Securely anchor bracket mounted fixtures to maintain vertical and horizontal alignment. Provide that all mounting devices are concealed. 3.02 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 housings shall fit together to the building construction and show no evidence of damage, handling, or misalignment. END OF SECTION Lighting Fixtures 26 09 21-3 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS SECTION 26 09 96- ELECTRICAL SYSTEMS STARTUP AND COMMISSIONING PART 1 GENERAL 1.01 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. 1.02 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. Electrical Systems Startup and Commissioning 26 09 96-1 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS 1. Develop a Functional Performance Test (FPT) using manufacturer's start-up procedures. Submit manufacturer's detailed start-up procedures and the full 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 punchlist 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 of 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 and Commissioning 26 09 96-2 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS PART 2 PRODUCTS 2.01 TEST EQUIPMENT: A. Division 26 shall provide all test equipment necessary to fulfill the testing requirements of this Division. PART 3 EXECUTION 3.01 SUBMITTALS: A. Division 26 shall provide submittal documentation relative to startup as required in this Section. 3.02 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. 3.03 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 review and approve the Contractor developed 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. 3.04 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 0&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 and Commissioning 26 09 96-3 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS 3.05 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 0&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 and Commissioning 26 09 96-4 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-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 3.06 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 and Commissioning 26 09 96-5 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-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 and Commissioning 26 09 96-6 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-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 and Commissioning 26 09 96-7 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-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 and Commissioning 26 09 96-8 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-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 AMPACITY Electrical Systems Startup and Commissioning 26 09 96-9 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-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 and Commissioning 26 09 96-10 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS SECTION 26 50 10—EXTERIOR LIGHTING 1. Verify normal operation of lighting units after installing fixtures and energizing circuits with normal power source. Include the following: a. Photometric Tests: Measure light intensities at night at locations where specific illumination performance is indicated. Use photometers with calibration referenced to National Institute of Standards and Technology(NIST) standards. b. Check for intensity of illumination. C. Check for uniformity of illumination. 2. Verify operation of time clock/contactors. LOCATION FIXTURES TIMECLOCK STATUS REMARKS CHANNEL Electrical Systems Startup and Commissioning 26 09 96-11 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-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 Electrical Systems Startup and Commissioning 26 09 96-12 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS SECTION 26 76 80—CENTRAL INTERCOM SYSTEM 1. Verify two-way operation. 2. Verify all-call operation. 3. Verify Master Clock operation. 4. Verify Bells operation. 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 and Commissioning 26 09 96-13 Project Name: Dr. H.C. Dilworth Pavilion (CDBG) Project Number:852406F #852406F-CONFORMED SPECIFICATIONS #852406F-CONFORMED SPECIFICATIONS SECTION 3122 13-SITE GRADING PART 1-GENERAL 1.01 SCOPE OF WORK A. This Section pertains to the earthwork generally consisting of excavation, filling, backfilling and subgrade preparation as required for construction of site retaining walls/structures, slab on grade walks, pavement surfaces, landscaped areas and the general shaping of the site as shown, described or reasonably inferred on the drawings. B. Subsurface data is available in the specification appendix. Contractor is urged to carefully analyze the site conditions. C. This section excludes work necessary for building pad preparations. Work within the building footprint and surrounding 5 feet shall be accomplished per the Structural drawings. D. Construction Means, Methods,Techniques,Sequences and Procedures: 1. The Contractor is solely responsible for, and has sole control over, construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. 2. Shoring that is required to complete the Work is considered a method or technique and is the sole responsibility of the Contractor. If a regulatory agency requires a licensed engineer to design, approve or provide drawings for shoring, then it is the sole responsibility of the Contractor to engage the services of a qualified Engineer for shoring design services. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Drawings and general provisions of the Contract, including A-procurement and Contracting Requirements, Division 00 and Division 01 apply to this section. B. Section 311100 Clearing and Grubbing C. Section 3123 33 Trenching, Backfilling and Compaction D. Section 3125 13 Erosion and Sedimentation Control E. Section 32 12 16 Asphalt Concrete Paving F. Section 32 13 13 Concrete Paving G. Section 3123 00 Excavation and Fill H. Contractor shall comply with all current, applicable codes and regulations, including the Uniform Building Code. Site Grading 31 22 13- 1 Project: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS I. Contractor shall comply as applicable with Standard Specifications for the City of Corpus Christi, including all City and County Amendments (herein after referred to as "Standard Specifications"). J. Geotechnical Data: Subsurface data is available in the specification appendix Contractor is urged to carefully analyze the site conditions. 1.03 PERMITS A. Prior to commencement of work, the Contractor shall be responsible for obtaining, at the contractors own expense unless otherwise specified in the Contract, Supplementary or General Conditions, all construction permits necessary to complete the site grading according to the plans and specifications. 1.04 APPLICABLE PUBLICATIONS A. The following specifications of the latest issue listed below, but referred to thereafter by basic designation only, form a part of this specification to the extent required by the references thereto. 1. Texas Department of Transportation 2004 Standard Specifications for Construction of Highways, Streets and Bridges (TxDOT). 2. American Society for Testing and Materials(ASTM). a. D 698 Laboratory Compaction Characteristics of Soil Using Standard Effort. b. D 1556 Density& Unit Weight of Soil in Place by the Sand-Cone Method. C. D 1557 Laboratory Compaction Characteristics of Soil Using Modified Effort. d. D 4253 Maximum Index Density& Unit Weight of Soils using a Vibratory Table. e. D 4254 Minimum Index Density& Unit Weight of Soils in Calculation of Relative Density. f. D 2922 Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depths) 1.05 PROTECTION OF EXISTING UTILITIES AND ADJACENT WORK A. Prior to earthwork operations, existing utilities,facilities and permanent objects to remain shall be located and adequately protected. Contractor shall contact the local utility coordinating committee, or the utility company involved to locate all public and private utility company lines. B. If unknown and uncharted utilities are encountered during excavation, promptly notify Owner and the governing utility company when determinable and wait for instructions. Also refer to the University of Houston's Plant Operations Planned and Emergency Utility Outage Policy. Site Grading 31 22 13-2 Project: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS C. For private property utilities found, if it is ascertained by Owner that such utility line has been abandoned, properly cap line at a depth approved by Owner or remove line as directed. All work to cap and remove abandoned public utilities found must be coordinated through the governing utility company. D. If such unknown utilities are encountered and work is continued without contacting the Owner for instructions, and damage is caused to said utilities, Contractor shall repair, at his own expense, such damage to the satisfaction of the Owner and the Utility Company. E. Refer to Specification section 311100 for other site related items requiring protection. 1.06 DEFINITIONS A. Excavation consists of the removal of material encountered to subgrade elevations and the reuse or disposal of materials removed. B. Subgrade: The uppermost surface of an excavation, including excavation for trenches, or the top surface of a fill or backfill immediately below base course, pavement, or topsoil materials. C. Borrow: Soil material obtained off-site when sufficient approved soil material is not available from excavations. D. Base Course: The layer placed between the subgrade and surface pavement in a paving system. E. Unauthorized excavation consists of removing materials beyond indicated subgrade elevations or dimensions without direction by the OAR. Unauthorized excavation, as well as remedial work directed by the OAR shall be at the Contractor's expense. G. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below ground surface. H. Unforeseen Excavation: Excavation of material, regardless of its character or nature, below the subgrade elevation required to construct the work as indicated on the drawings or specified herein. I. Geotechnical Engineer: Person or company contracted by the owner and/or through the architect to provide testing and onsite Geotechnical services during the construction schedule. 1.07 QUALITY ASSURANCE A. Pre-Excavation Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Meetings." B. Codes and Standards: Perform earthwork complying with requirements of authorities having jurisdiction. Site Grading 31 22 13-3 Project: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS C. Testing and Inspection Service: General Contractor will employ a qualified independent geotechnical engineering testing agency to classify proposed on-site and borrow soil materials to verify that soils comply with specified requirements and to perform required field and laboratory testing. Contractor responsible to coordinate with the testing agency prior to start of work requiring testing so as to minimize unnecessary cost or delays to the project. D. Testing: 1. General Contractor will retain and pay a qualified Geotechnical engineer to take all field samples and do all laboratory testing necessary to verify compliance of the work to these Specifications or as required by City or other regulatory agencies. The Geotechnical Engineer shall submit results of all testing done during the course of the work to the Owner,Architect, and Contractor. 2. Notify testing lab a minimum of 48 hours in advance of the time testing is required to satisfy requirements of this section. 3. Should testing specified above show work which does not satisfy these Specifications, the Contractor shall pay for all additional tests required to determine the extent of work that is not satisfactory and for all additional tests necessary to demonstrate compliance with these specifications. 4. All tests shall be performed by the Soil Engineer in accordance with ASTM D 1557, D1556, D2922, D3017, or other test method selected by Geotechnical Engineer. 1.08 SUBMITTALS A. Shoring and Slope Protection Design: 1. Prior to beginning any excavation, submit certification to the Architect that the proposed shoring and slope protection system has been accepted and approved by all governing jurisdictions. Certification shall be signed and sealed by the engineer of record for the shoring design. 2. Provide signed letter from the Geotechnical Engineer stating that the proposed design complies with the recommendations of geotechnical reports. PART 2- PRODUCTS 2.01 SOIL MATERIALS A. Select fill per 2.02 shall be used beneath all site retaining walls and site structures where fill material is required to achieve the grades and elevations on the plans. B. General fill per 2.04 material shall be used for fill in landscaping areas not supporting structures. Topsoil per 2.05 shall be spread over landscape areas as needed. Site Grading 31 22 13-4 Project: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS C. Fill material beneath paving can be per 2.02, 2.03, and 2.04. Regardless of the fill material used, subgrade treatment shall be chemically stabilized for the thickness specified and detailed in the drawings. 2.02 SELECT FILL A. Any fill placed in building pad areas should consist of select fill. B. Select fill should consist of soil with a liquid limit less than 35 and a Plasticity Index between 7 and 18. C. The select fill should be placed in loose lifts not exceeding 9-inches and should be compacted to at least 95 percent maximum dry density (per ASTM D-698) and at a moisture content between optimum and 4 percent above optimum moisture content. D. The subgrade to receive select fill should be scarified to a depth of 8 inches and compacted to 92 to 96 percent of the material's maximum standard Proctor dry density(ASTM D-698) at a workable moisture level at least 4 percentage points above optimum. 2.03 LIME-TREATED NATIVE CLAY SOIL A. As an alternative to importing select fill, the native clay soil may be blended with lime to reduce the plasticity index to meet select fill requirements. Based on our experience, we expect that it will require between 6 and 9 percent lime (by dry unit weight) to reduce the plasticity index of the native clay soils to select fill requirements. Prior to selecting this alternative, series tests should be performed to assess the amount of lime required. 2.04 GENERAL FILL A. General fill may be placed in improved areas outside of building pad areas. General fill should consist of material approved by the Geotechnical Engineer with a liquid limit less than 50. General fill should be placed in loose lifts not exceeding 8 inches and should be uniformly compacted to a minimum of 95 percent maximum dry density (per ASTM D-698) and within ±2 percent of the optimum moisture content. The subgrade to receive general fill should be scarified to a depth of 6 inches and compacted to at least 95 percent maximum dry density (per ASTM D- 698) and at a moisture content between optimum and 4 percent above optimum moisture content. 2.05 TOPSOIL A. Topsoil material shall be native earthen material suitable for growth of vegetation such as silty and sandy loams. The site striping's may be used as topsoil unless otherwise dictated by the Owner. Topsoil shall be spread over landscape areas to a depth of 4 to 6 inches and compacted to 85 percent of standard density ASTM D 698. Stockpiling of Topsoil may not exceed 6 feet in height. 2.06 SPECIAL DRAINAGE MEDIA A. Drainage Fabric: Nonwoven geotextile, specifically manufactured as a drainage geotextile; made from polyolefins, polyesters, or polyamides; and with the following minimum properties determined according to ASTM D 4759 and referenced standard test methods: 1. Grab Tensile Strength: 110 Ibf;ASTM D 4632. 2. Tear Strength: 40 Ibf;ASTM D 4533. Site Grading 31 22 13-5 Project: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 3. Puncture Resistance: 50 Ibf;ASTM D 4833. 4. Water Flow Rate: 150 gpm per sq.ft.;ASTM D 4491. 5. Apparent Opening Size: No. 50;ASTM D 4751. B. Approved Materials 1. Mirafi 140 filter fabric 2. or acceptable substitution. PART 3- EXECUTION 3.01 PREPARATION A. Inspection: 1. Prior to performing the work of this Section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where work may properly commence. 2. Verify that work may proceed in complete accordance with the design. B. Discrepancies: 1. In the event of discrepancy, immediately notify the Architect and OAR. C. General 1. Use all means necessary to control dust on or near the site resulting from the performance of the Work. Thoroughly moisten all surfaces to prevent dust being a nuisance to the public, adjacent uses, and concurrent work on site. Moisture level during compaction operations shall not exceed that amount as specified by Geotechnical Engineer. 2. Verify existing grades and dimensions before starting any grading operations. If any discrepancy exists, notify Architect immediately. 3. Use all means necessary to protect all existing features, products, or items designated to remain, as well as all work of this Section. In the event of damage, repair or replace immediately to the approval of and at no additional cost to the Owner. 4. Protect and maintain existing benchmarks throughout the course of the work. Reestablish monuments or stakes disturbed or destroyed during the course of the Work at no additional expense to the Owner. 5. Conduct work so as to avoid injury to persons and damage to adjacent property. Provide appropriate shoring, bracing and barriers, including light when necessary. Site Grading 31 22 13-6 Project: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 6. Coordinate operations with, and provide access to, the Geotechnical Engineer or designated representative during demolition and construction for purposes of testing, investigation and inspection. D. Preparation 1. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. 2. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways. 3. Protect subgrade from excessive drying or excessive moisture. 3.02 EXCAVATION A. General - Contractor shall complete all excavation required regardless of the variations in hardness,type, or density of materials encountered, to the dimensions and elevations shown on the drawings. When unsatisfactory material is uncovered, that material shall be removed and replaced with select fill, the extent of such excavation to be directed by the Owner. Unsatisfactory material shall be removed to the stockpile area or from the site as directed by the Owner. Payment for over excavation directed by Owner shall be paid as directed in Division 01 Specifications 1. Unclassified Excavation: Excavation is unclassified and includes excavation to subgrade elevations regardless of the character of surface and subsurface conditions encountered, including rock, soil materials, and obstructions. a. If excavated materials intended for fill and backfill include unsatisfactory soil materials and rock, replace with satisfactory soil materials. b. Remedial work due to over-excavation including provision of suitable and stable backfill meeting the degree of compaction required shall be at the Contractor's expense. 2. Borrow Material: If excavated materials of a suitable nature are not of sufficient quantity to complete the work, contractor may provide borrow material in sufficient quantity to complete the work at Owner's approval at no additional cost to the Owner. 3. Disposing of Excavated Material: Dispose of excess satisfactory soil material and all unsatisfactory soil material and rock obtained from excavations in accordance with the provisions of this Section. Site Grading 31 22 13-7 Project: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS B. Excavation for Pavement 1. The material exposed after excavation shall be scarified to a depth of six(6) inches and compacted to at least 95 percent of Standard (ASTM D 698) Maximum Density within minus 3 to plus 5 percent of optimum moisture content of the soil. Where necessary to achieve the required compaction, stabilization methods as outlined in paragraph 3.2.13.4 of this specification shall be used. 2. Excavation required beneath pavement sections shall comply with elevations and dimensions shown on the plans and detailed sections within a tolerance of plus or minus 0.10 foot. Contractor shall take care not to disturb areas that are designated to be protected or are outside the construction limits. Excavated areas shall be kept free of ground and surface water. C. Cut Slopes and Ditches 1. Slopes and grades of ditches shall conform to the plans within a tolerance of plus or minus 0.10 foot. No exposed slopes shall be steeper than three feet horizontal to one foot vertical. Where slope protection is specified or called out on the plans, said protection shall be placed as soon as practical, after exposing the slope. Erosion and sedimentation controls shall be implemented in all cut areas as specified in Section 31 25 13 Erosion and Sedimentation Control. 3.03 FILL AND BACKFILL A. Placement 1. Fill material shall be placed in loose lifts not exceeding eight (8) inches for areas beneath site structures and pavement, and twelve (12) inches for landscape areas not supporting structures. Fill areas shall be compacted to 95 percent of Standard Maximum Density at the proper moisture of that soil as defined by ASTM D 698. 2. Each lift shall be thoroughly compacted and shall have obtained satisfactory density prior to proceeding with the next lift. 3. Material shall be free of trash and rocks over three (3) inches in diameter. 4. Fill shall be brought up to the proper elevations as determined from the lines, grades, sections and elevations shown on the plans. B. Compaction and Finishing 1. Suitable compaction equipment commonly used to meet the requirements for this type of compaction work should be used. 2. The finished surface shall be reasonably smooth, compacted, and free from irregular surface changes. The surface grade shall be consistent with the drainage intent shown on the plans such that no unwanted ponding shall occur. 3. Surface shall not be more than 0.10 feet above or below the established grade, and all ground surfaces shall vary uniformly between indicated grades. Site Grading 31 22 13-8 Project: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 4. Cut material from the site may be used for fill material if approved by Owner. Where cut material is used as fill, each lift of such material shall be properly mixed to obtain a uniform material, with clay being the predominant material when mixed with silt, maintaining a plasticity index less than 20. 3.04 EROSION&PROTECTION A. There shall be at all times adequate protection to newly graded areas to prevent soil erosion as provided in Section 3125 13, Erosion and Sedimentation Control. B. Soil erosion that occurs prior to acceptance of the work shall be repaired at no expense to the Owner. C. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. D. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. 1. Scarify or remove and replace soil material to depth as directed by Owner's Testing and Inspection Service; reshape and re-compact. E. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. 3.05 GRADING A. Rough Grading 1. Cut and fill shall be left sufficiently high to require cutting by fine grading. 2. Grade to subgrade depths required for construction of finished surface materials and for controlled internal drainage of site. B. Fine Grading 1. Fine grading shall conform to elevations required to insure finished elevations as indicated on the drawings. 2. Provide a smooth transition between adjacent existing grades and new grades C. Slope grades to direct water away from buildings and to prevent ponding at a minimum of 5% grade for the initial 20 feet, as shown on the drawings or as directed by architect. Maximum cross slope for all walkways shall be 2% for disabled access. Finish subgrades to required elevations within the following tolerances: 1. Lawn or Unpaved Areas: Plus or minus 0.1 foot(1.2 inches). Site Grading 31 22 13-9 Project: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 2. Walks: Plus or minus%2 inch. 3. Pavements: Plus or minus%inch. 3.06 TESTING AND INSPECTION A. Testing of Materials and Installed Work 1. Materials and installed work require testing to show that the specifications for the materials and work have been met. The Owner may, at the Owner's expense, take random tests on materials and installed work. The Contractor shall allow free access to material stockpiles and facilities at all times. In fill areas each lift must be tested and approved before proceeding on the next lift. Tests, not specifically indicated to be done at Owner's expense including the retesting of rejected materials and installed work, shall be done at the Contractor's expense. a. Testing to be provided by Owner i. All tests b. Testing to be provided by Contractor i. All retesting for areas failing the first test. B. Contractor shall notify testing laboratory a minimum of 24 hours in advance of beginning any earth work operations and coordinate testing schedules to meet these specifications. C. Maximum density tests per ASTM D 698 shall be taken on all fill materials at a rate of one test for each type of soil to be used and at least one test for every 1000 cubic yards of fill. D. Field density tests per ASTM D 1556 or ASTM D 2922 shall be taken on all fill material at a rate of one test for every 10,000 square feet and at least one test per lift. E. All imported fill material shall be approved prior to importing. 3.07 DUST ABATEMENT A. The Contractor shall comply with applicable Federal, State, and local laws and regulations concerning the prevention and control of dust pollution. B. During the performance of the work required by these specifications or any operations appurtenant thereto, whether on right-of-way provided by the Owner or elsewhere,the Contractor shall furnish all the labor, equipment, materials, and means required, and shall carry out proper and efficient measures wherever and as often as necessary to reduce the dust nuisance, and to prevent dust which has originated from the contractor's operations from damaging crops, orchards, cultivated fields, and dwellings, or causing a nuisance to persons. The Contractor will be held liable for any damage resulting from dust originating from the contractor's operations under these specifications. Site Grading 31 22 13- 10 Project: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS C. Dust Control shall be accomplished by one of the following methods: 1. Whenever ordered by the Owner, the Contractor shall furnish and distribute over the traveled road surfaces, which have not yet been fully restored, an application of Calcium Chloride. The material used shall be Regular Flake Calcium Chloride having a minimum chemical content of Calcium Chloride of 77%. Unless otherwise specified or ordered by the Owner, rate of application shall be three (3) pounds per square yard of surface covered. 2. Whenever ordered by the Owner, the Contractor shall apply on traveled road surfaces "Bituminous Surface Treatment" in accordance with the current Texas Standard Specifications for Construction of Highways, Streets and Bridges. D. The cost of sprinkling or of other methods of reducing formation of dust shall be included in the prices bid in the schedule for other items of work. 3.08 STORAGE OF SOIL MATERIALS A. Stockpile borrow materials and satisfactory excavated soil materials. Stockpile soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust. 1. Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining trees. 2. Stockpile Topsoil may not exceed 6 feet in height. 3.09 FIELD QUALITY CONTROL A. General: Testing shall be the responsibility of the Contractor and costs of initial testing shall be paid by the Contractor. Cost of all subsequent testing necessary due to non- compliance with specifications shall be paid by Contractor. B. Density Test: 1. Density tests shall be performed by an approved commercial testing laboratory approved per ASTM D 1557. 2. Tests shall be performed in accordance with the referenced Standards. 3. Field and laboratory tests for moisture-density relations shall be determined in accordance with ASTM D 1557. The frequency and location of field density tests will be determined by the Geotechnical Engineer. 4. Trenches improperly compacted shall be reopened to the depth directed, then refilled and compacted to the density specified at no additional cost to the Owner. Site Grading 31 22 13- 11 Project: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS 3.10 DRAINAGE CONTROLS A. Provide all necessary temporary apparatus, pumps, curbs or ditches as required to divert or convey water from any source away from the Work. Do not allow water from any source to accumulate within or damage earthwork. END OF SECTION Site Grading 31 22 13- 12 Project: Dr. H.C. Dilworth Pavilion (CDBG) Project Number: 852406F #852406F-CONFORMED SPECIFICATIONS GEOTECHNICAL ENGINEERING REPORT DR. HC DILWORTH PARK PAVILION (CDBG) 2726 Easley Street Corpus Christi, Texas UES Project No. G124218 June 25, 2024 Prepared for: Chuck Anastos Associates, LLC 453 Everhart Road Corpus Christi, Texas, 78411 Attention: Mr. Chuck Anastos, AIA, NCARB Prepared by: 0 TM #852406F-CONFORMED SPECIFICATIONS 6'vuormertuICorsiltu'g S Pennit Support GeO teC l'I-CCI Ergn•eenr9 Moterrols Te_tu•y s Special Wspecturs Wo TM Geoplysrcd Tec h-ologres June 25, 2024 Chuck Anastos Associates, LLC 453 Everhart Road Corpus Christi, Texas, 78411 Attention: Mr. Chuck Anastos, AIA, NCARB Re: Geotechnical Engineering Report Dr. HC Dilworth Park Pavilion (CDBG) 2726 Easley Street Corpus Christi, Texas UES Report No. G124218 Dear Mr. Anastos: UES Professional Solutions 45, LLC (hereinafter "UES") has performed a geotechnical exploration for the project referenced above. This study was authorized by Kevin McCord with Chuck Anastos Associates, LLC and performed in accordance with UES Proposal No. CGP030724C dated March 07, 2024. The results of this exploration, together with our recommendations, are presented in the accompanying report, an electronic copy of which is being transmitted herewith. UES appreciates the opportunity to be of service on this project. If we can be of further assistance, such as providing materials testing services during construction, please contact our office. OF Te Sincerely, h; •,d` 0 * . * l� UES Professional Solutions 45 LLC. �.....................•''•'"*.� DURAISAMY S. SARIWANATH"/ .i .. ........... . . .......... .. TEXAS PROFESSIONAL ENGINEERING FIRM NO. 2101 'rf a 123650 ;•• R. 410E NSED• �Fi 1\ ;s3;pN``E ow 06/25/2024 Duraisamy (Roy) S. Saravanathiiban, Ph.D., P.E. Joshua A. McCann, E.I.T. Geotechnical Department Manager Project Manager 6817 Leopard Street I Corpus Christi,Texas I Office 361.883.4555 1 Fax 361.883.4711 TeamUES.com #852406F-CONFORMED SPECIFICATIONS TABLE OF CONTENTS 1.0 INTRODUCTION..................................................................................................................................................................1 2.0 FIELD EXPLORATION...........................................................................................................................................................2 3.0 LABORATORY TESTING.......................................................................................................................................................3 4.0 SITE CONDITIONS...............................................................................................................................................................4 4.1 General..........................................................................................................................................................................4 4.2 Soil Conditions...............................................................................................................................................................4 4.3 Groundwater.................................................................................................................................................................5 5.0 ANALYSIS AND RECOMMENDATIONS................................................................................................................................6 5.1 Potential Vertical Rise(PVR)of Expansive Soil..............................................................................................................6 5.2 Slab Foundation.............................................................................................................................................................8 5.2.1 Subgrade Improvement..........................................................................................................................................9 5.2.2 Vapor Retarder.....................................................................................................................................................10 5.2.3 Utilities.................................................................................................................................................................11 5.2.4 Expansion and Control Joints...............................................................................................................................11 5.3 Seismic Site Classification............................................................................................................................................11 5.4 Construction Excavations............................................................................................................................................11 5.5 Groundwater Control..................................................................................................................................................12 5.6 Earthwork....................................................................................................................................................................13 5.6.1 Site Preparation....................................................................................................................................................13 5.6.2 Proofroll................................................................................................................................................................13 5.6.3 Construction Considerations................................................................................................................................13 5.6.4 Grading, Drainage,Other Considerations.............................................................................................................14 5.6.5 Wet Weather/Soft Subgrade................................................................................................................................14 5.6.6 Fill.........................................................................................................................................................................15 5.6.7 Testing..................................................................................................................................................................16 5.7 Demolition Considerations..........................................................................................................................................16 5.8 Possible Fill..................................................................................................................................................................17 6.0 GENERAL COMMENTS......................................................................................................................................................18 APPENDIX Site Location Plan Boring Location Plan Boring Logs B-1 Key to Soil Classifications and Symbols Geotechnical Engineering Report UES Project No.G124218 DR.HC Dilworth Park Pavilion i 1.0 INTRODUCTION Purpose and Scope. The purpose of this geotechnical study was to evaluate some of the physical and engineering properties of subsurface materials at selected locations on the subject site to develop geotechnical engineering design parameters and recommendations for the proposed project. To accomplish this,the scope of this study included field exploration consisting of drilling a test boring and collecting samples of the subsurface materials, performing laboratory testing on selected samples obtained during the field exploration, performing engineering analysis and evaluation of the subsurface conditions with respect to the project characteristics, and development of recommendations suitable for the proposed project. The scope of services did not include an environmental assessment of the site. Protect Description. The project will include the construction of a new pre-engineered metal building pavilion structure with a footprint on the order of approximately 900 square feet. This study includes recommendations for a stiffened slab on grade. Any change to the provided location of the structure or grading plans should be brought to the attention of UES to review and assess the suitability of our recommendations. Proiect Location. The project is located on the southwest portion of the intersection of Elgin Street and Easley Street. The general location and orientation of the site are provided in the "Site Location Plan" in the Appendix. Site Grading Plan. The site grading plan was not available at the time of writing this report. Our recommendations provided herein are on the basis that cuts and fills of less than 1 foot will be required to bring the site to grade. When the site grading plan is available, we should be notified and allowed to review the site grading plan to assess and modify our recommendations, as necessary. Cautionary Statement Regarding Use of this Report. As with any geotechnical engineering report, this report presents technical information and provides detailed technical recommendations for civil and structural engineering design and construction purposes. UES, by necessity, has assumed the user of this document possesses the technical acumen to understand and properly utilize the information and recommendations provided herein. UES strives to be clear in its presentation and, like the user, does not want potentially detrimental misinterpretation or misunderstanding of this report. Therefore, we encourage any user of this report with questions regarding its content to contact UES for clarification. Clarification will be provided verbally and/or issued by UES in the form of a report addendum, as appropriate. Report Specificity. This report was prepared to meet the specific needs of the client for the specific project identified. Recommendations contained herein should not be applied to any other project on or off this site by the client or anyone else without the explicit approval of UES. Page 1 Geotechnical Engineering Report UES Project No.G124218 DR.HC Dilworth Park Pavilion i This Report is NOT a Specification. Recommendations in this report are not specifications. Geotechnical engineering requires significant experience and professional judgment. Conditions vary in the field which require and/or allow modification to recommendations provided herein at the discretion of the Geotechnical Engineer of Record. 2.0 FIELD EXPLORATION Test Borings. The field exploration for this project included performing one test boring as summarized in the table below. Depths referenced in this report and in the table below are measured from the existing ground surface at the respective boring location at time of the field exploration. Boring Identification Depth,feet Date Drilled Location B-1 20 5/30/2024 Within the proposed building area UES determined the number, depth, location of the test borings and performed the boring operations. The boring locations were not surveyed. Rather, UES personnel located the borings in the field using a recreational hand-held GPS unit and therefore should be considered approximate. The approximate boring locations are provided in the "Boring Location Plan" in the Appendix. The test borings were advanced between sample intervals and to the termination depth of the borings using a drilling rig equipped with a rotary head turning solid stem augers. Shelby Tube Sampling. Cohesive soil samples were generally obtained using Shelby tube samplers in general accordance with American Society for Testing and Materials (ASTM) D1587. The Shelby tube sampler consists of a thin-walled steel tube with a sharp cutting edge connected to a head equipped with a ball valve threaded for rod connection. The tube is pushed into the undisturbed soils by the hydraulic pulldown of the drilling rig. The soil specimens were extruded from the tube in the field, logged, tested for consistency using a hand penetrometer, sealed and packaged to maintain "in situ" moisture content. Consistency of Cohesive Soils. The consistency of cohesive soil samples was evaluated in the field using a calibrated hand penetrometer. In this test a 0.25-inch diameter piston is pushed into the undisturbed sample at a constant rate to a depth of 0.25-inch. The results of these tests are tabulated at the respective sample depths on the boring logs. When the capacity of the penetrometer is exceeded, the value is tabulated as 4.5+. Page 2 Geotechnical Engineering Report UES Project No.G124218 DR.HC Dilworth Park Pavilion i Spilt Barrel Sampling. Granular and non-granular soil samples were generally obtained using split-barrel sampling procedures in general accordance with ASTM D1586. In the split-barrel procedure, a disturbed sample is obtained in a standard 2-inch outside diameter(OD) split barrel sampling spoon driven 18 inches into the ground using a 140-pound (lb) hammer falling freely 30 inches. The number of blows for the last 12 inches of a standard 18-inch penetration is recorded as the Standard Penetration Test resistance (N-value). The N-values are recorded on the boring logs at the depth of sampling. Samples were sealed and returned to our laboratory for further examination and testing. Groundwater Observations. The test borings were performed using dry drilling techniques, which enabled the detection of groundwater during the drilling and sampling procedures and upon completion of drilling operations prior to backfilling the boreholes. Borehole Backfilling. Upon completion of the borings,the boreholes were backfilled with on-site soil cuttings. 3.0 LABORATORY TESTING UES performs visual classification and any number of laboratory tests, as appropriate, to define pertinent engineering characteristics of the soils encountered. Laboratory tests are performed in general accordance with ASTM or other standards and the results included at the respective sample depths on the boring logs. Laboratory tests and procedures utilized during this geotechnical study are indicated in the following table. Test Procedure Description ASTM D2488 Standard Practice for Description and Identification of Soils(Visual-Manual Procedure) ASTM D2216 Standard Test Method for Laboratory Determination of Water(Moisture)Content of Soil and Rock by Mass ASTM D1140 Standard Test Methods for Amount of Material in Soils Finer than the No. 200(75-µm) Sieve ASTM D2166 Standard Test Method for Unconfined Compressive Strength of Cohesive Soil ASTM D4318 Standard Test Methods for Liquid Limit, Plastic Limit and Plasticity Index of Soils Page 3 Geotechnical Engineering Report UES Project No.G124218 DR.HC Dilworth Park Pavilion i 4.0 SITE CONDITIONS 4.1 General Review of Aerial Photographs. Readily available on-line historical aerial photographs of the site were reviewed for potential past alterations to the site which could impact geotechnical design conditions. Specifically, aerial photographs were reviewed to visually assess obvious areas of significant past fill on site. Aerial photographs reviewed for this study are identified in the following table. Aerial Photographs Reviewed Year Observations Since Prior Aerial Photograph 2004 Concrete slabs noted. 2015 Perimeter dirt track noted. 2016 Playground area noted. 2020 Shade structure noted. Site Fills Based on Areial Photographs. Aerial photographs indicate that a few structures existed at the project site in the past. Therefore, we would expect surficial disturbance of site soils. Possible fill recommendations are provided in Section 5.8 Limitations. Due to the intermittent nature and relatively low resolution of aerial photographs, as well as our lack of detailed information regarding the past land use of the site, our review should not be interpreted as eliminating the possibility of cuts and/or fills on site which could detrimentally affect future construction. 4.2 Soil Conditions Stratigraphy. Descriptions of the various strata and their approximate depths and thickness per the Unified Soil Classification System (USCS) are provided on the boring logs included in the Appendix. A generalized summary of the stratigraphy indicated by the borings is provided in the table below. Depths referenced in this report and in the tables below are measured from the existing ground surface at the respective boring location at time of the field exploration. The generalized soil conditions encountered at the project site have been summarized and soil properties including soil classification, strength, and plasticity are provided in the following table. Page 4 DR.HC Dilworth Park Pavilion Geotechnical Engineering Report UES Project No.G124218 Generalized Subsurface Conditions in the location of Boring B-1 Nominal Depth,feet General Detailed Description of Top of Bottom of Description Soils/Materials Encountered Layer Layer 0 5 FAT CLAY Firm to Hard Fat CLAY(CH)/Fat Clay with Sand 5 8 CLAYEY SAND Stiff CLAYEY Sand (SC) 8 20 LEAN CLAY Stiff to Hard Lean CLAY with Sand (CL) It should be noted that the depths provided in the above tables and on the boring logs are based on our Field Technician's and Engineer's interpretation of conditions believed to exist between actual samples retrieved. Therefore, depth information contains both factual and interpretive information. Lines delineating subsurface strata are approximate and the actual transition between strata may be gradual or not clearly defined. In addition,variations may occur between or beyond the boring locations. 4.3 Groundwater Groundwater Levels. The test borings were advanced using continuous flight augers and air- rotary drilling methods, with intermittent sampling methods. These dry drilling techniques enable observation of potential groundwater seepage levels. Groundwater levels encountered in the boring during this study are identified in the table below. Depths referenced in this report and in the table below are measured from the existing ground surface at the respective boring location at time of the field exploration. Depth Groundwater Initially Groundwater Depth Upon Boring No. Encountered(feet) Completion of Drilling(feet) B-1 Not Encountered Not Encountered Long-term Groundwater Monitoring. These groundwater observations are indicative of the groundwater conditions present at the time the borings were drilled. The amount of water in an open borehole largely depends on the permeability of the soils encountered at the boring location. In relatively impervious soils, such as clayey soils, a suitable estimate of the groundwater depth may not be possible, even after several days of observation. Long-term monitoring of groundwater conditions via piezometers or groundwater monitoring wells was not performed during this study and was beyond the scope of this study. Long-term monitoring can reveal groundwater levels materially different than those encountered during measurements taken while drilling the borings. Page 5 Geotechnical Engineering Report UES Project No.G124218 DR.HC Dilworth Park Pavilion i Groundwater Fluctuations. It is difficult to accurately predict the magnitude of subsurface water fluctuations that might occur based upon short-term observations. Future construction activities may alter the surface and subsurface drainage characteristics of this site. Seasonal variations, temperature, land-use, proximity to water bodies, and recent rainfall conditions may influence the depth to the groundwater. With these considerations UES recommends that the contractor verifies the groundwater elevation before construction starts. 5.0 ANALYSIS AND RECOMMENDATIONS 5.1 Potential Vertical Rise (PVR) of Expansive Soil Potential Vertical Rise. Potential Vertical Rise, PVR, is the calculated upward heave of the ground surface due to expansive soils related to weather-related changes in soil moisture in the active zone. PVR only applies to upward movement. The term settlement applies to downward movement related to loads on the soil. Problem Discussion. Most clay soils swell when subjected to increases in moisture content. Swelling clay soils exert an outward pressure that can easily exceed 5,000 psf when subjected to moisture increases. Swell potential and swell pressures are a function of several factors including clay mineralogy and antecedent moisture condition. Generally,for a given clay soil, the drier the soil the greater its potential to swell and the higher its swell pressure. Conversely, wetter soils generally have a lower potential to swell and have lower swell pressures. The potential for a clay soil to swell is a variable and cannot be separated from its moisture condition. The overburden pressure at a given depth above the groundwater table is calculated as the unit weight of the soil times the depth. For a soil with a unit weight of 125 pcf, the overburden pressure at 10 feet would be 1250 psf (125 pcf x 10-feet). Thus, the swell pressure can exceed the overburden at depths of over 40 feet. This means soils at 40 feet exposed to changes in moisture can impact movements at the ground surface. For clay soil to swell or shrink, it must be subjected to increases or decreases in moisture content, respectively. The predominant way clay soils are subjected to increases or decreases in moisture content is the weather. As would be expected, extended periods of wet weather cause soil to get wetter and extended dry weather cause soil to get drier. The longer the period of wet or dry weather, the deeper the influence of the weather. Vegetation also causes variations in soil moisture content. Shallow rooted grass and bushes have a shallower impact, deep rooted trees have a deeper impact. Page 6 DR.HC Dilworth Park Pavilion Geotechnical Engineering Report UES Project No.G124218 For clay soil at a given depth to influence surface heave, two things must happen: (1) the soil must be subjected to an increase in moisture, and (2) the swell pressure of the soil must exceed the overburden pressure. Swell is typically calculated by assuming an "active" zone, a depth of soil impacted by weather which predominantly affects surface movements due to soil swell. Expansive soils below the active zone are typically ignored as they are assumed to be exposed to lower increases in moisture, experience higher overburden pressures, and have a less significant impact on the surface heave than the soils in the active zone. "Deep-seated" soil movement is swelling of the clay soils below the active zone and above the equilibrium depth. The equilibrium depth is the depth at which the overburden pressure and clay swell pressure are equal. Deep-seated soil movement is caused by changes in moisture that are typically not related to weather or vegetation. They can be caused by man-made influences such as leaking deep water or sewer lines. They can be caused by natural influences such as fluctuations in soil moisture content or groundwater levels. They are notoriously hard to accurately predict and may or may not actually occur. Unless stated otherwise, we have not included the effects of deep-seated soil movement in our Potential Vertical Rise (PVR) calculation. The inclusion of deep-seated soil movement drastically increases the depth of the building pad preparation required and may make a slab-on-grade target PVR of 1 inch theoretically unattainable. The inclusion or exclusion of deep-seated soil movement is a matter of professional opinion, on which there is no consensus among consultants. It is also a matter of risk tolerance and cost, of which, the user of this report is being made aware. As evidenced in this discussion, calculation of PVR is based on soil data, model assumptions, experience, and professional judgment. PVR is a calculated estimate and should not be construed to be an absolute number or a guarantee of performance. PVR can be higher or lower depending on actual site conditions. The PVR estimate we provide is our best estimate of what will be encountered and the user of this report with doubts is encouraged to get another professional opinion prior to using this report. However, based on this discussion, the reader understands variations between the model and reality can introduce significant differences in calculated PVR. The user of this report understands and accepts this risk. If this risk is intolerable,the user of this report should be prepared to utilize a structural slab suspended adequately above the subgrade surface and supported on deep foundations. Differential swelling of clay soil is generally most pronounced around the perimeter of slabs or pavement where weather and/or vegetative influences are greatest. Unstiffened slabs or paving are generally prone to cracking around 5 to 10 feet from and parallel to the slab edge due to differential soil movements. If this expected cracking is unacceptable or needs to be minimized, the structural engineer should consider slab stiffening using grade beams and/or a flexible slab/wall connection design. We should be consulted by the structural engineer for clarifications and input regarding this type of slab movement if it is deemed critical. Maintaining a consistent moisture content in the soil is the key to minimizing both heave and shrinkage related structural problems. Therefore, building maintenance and control of water are paramount in the performance of a slab-on-grade and shallow foundations. Page 7 Geotechnical Engineering Report UES Project No.G124218 DR.HC Dilworth Park Pavilion i Calculated PVR using TxDOT Method Tex-124-E. PVR calculations were performed in general accordance with the Texas Department of Transportation (TxDOT) Method Tex-124-E. The Tex- 124-E method is empirical and is based on the Atterberg limits and moisture content of the subsurface soils. The calculated PVR is an empirical estimate of a soil's potential for swell based upon the soil's plasticity index,applied loading(due to structures or overburden), and antecedent moisture condition. The PVR calculated using TxDOT Method Tex-124-E is approximately 3% inches assuming an average antecedent/dry moisture condition. Estimated movements were calculated assuming the moisture content of the in-situ soil within the normal zone of seasonal moisture content change varies between a "dry" condition and a "wet" condition as defined by Tex-124-E. Movements exceeding those predicted could occur if positive drainage of surface water is not maintained or if soils are subject to an outside water source, such as leakage from a utility line or subsurface moisture migration from off-site locations. A 15 feet zone of seasonal moisture variation was used in our analysis based on local experience. 5.2 Slab Foundation General. We understand the proposed structure will be supported on a reinforced ground- supported slab foundation provided that recommendations in Section 5.2.1 — Subgrade Improvement are followed. The slab foundation should be conventionally reinforced or post- tension reinforced. The slab foundation should be designed with exterior and interior grade beams adequate to provide sufficient rigidity to the foundation system to sustain the vertical soil movements expected at this site as described above. All grade beams and floor slabs should be adequately reinforced with steel to minimize cracking as normal movements occur in the foundation soils. Bearing Capacity. The slab should be designed using a net dead load plus sustained live load bearing pressure of 1,500 psf or a net total load pressure of 2,250 psf,whichever condition results in a larger bearing surface. These bearing pressures are based on a safety factor of 3 and 2, respectively, against shear failure of the foundation bearing soils. Foundation Depth. Grade beams should bear at a minimum depth of 18 inches below surrounding grade supported on select fill. The bottom of the beam trenches should be free of any loose or soft material prior to the placement of the concrete. Geometry. Grade beams should have a minimum width of 10 inches to reduce the potential for localized shear failure. BRAB/WRI Recommendations. The slab foundation system may be designed based on the "Design of Slab-On-Ground Foundations" published by the Wire Reinforcement Institute, Inc. (WRI, March 1996). Subgrade improvement, excavation of natural ground and replacement with select fill, should be performed to reduce the PVR. Subgrade improvement recommendations are provided in Section 5.2.1 — Subgrade Improvement. The recommended foundation design parameters are presented in the following table. Page 8 DR.HC Dilworth Park Pavilion Geotechnical Engineering Report UES Project No.G124218 BRAB/WRI Design Criteria Potential Seasonal Movement=1 inch After operations are performed as stated in section 5.2.1 Subgrade Improvement Design Method WRI Climatic Rating(Cw) 17 Effective Plasticity Index' 24 Soil/Climatic Rating Factor(1-C) 0.12 Maximum Average Beam Spacing(ft) 18 Construction and Observation. The foundation excavations should be observed by a representative of UES prior to steel or concrete placement to assess that the foundation materials are capable of supporting the design loads and to identify the acceptability of the select fill materials under the beams and footings. Soft or loose zones encountered at the bottom of the beam or footing excavations should be removed to the level of competent materials as directed by the Geotechnical Engineer. Cavities formed as a result of excavation of soft or loose zones should be backfilled with properly compacted select fill. After opening, beam and footing excavations should be observed, and concrete placed as quickly as possible to avoid exposure of the beam and footing bottoms to wetting and drying. Surface run-off water should be drained away from the excavations and not be allowed to pond. If it is required that beam and footing excavations be left open for an extended period, they should be protected to reduce evaporation or entry of moisture. Slight differential movements of slab-on-grade foundations can cause distress to interior wall partitions, brittle floor coverings and rigid exterior facades resulting in cosmetic damage. The magnitude of movement can be reduced with good construction practices including performing the recommended preparation of the Subgrade, compaction of the select fill building pad materials and maintaining the integrity of the beam and footing excavations prior to concrete placement. Placement of closely spaced expansion joints in exterior walls is recommended to control the location of potential cracks that may occur due to slight differential foundation movements. 5.2.1 Subgrade Improvement Subgrade Improvement Using Select Fill. The depth of subgrade treatment is dependent on the desired post-construction PVR. The following table presents recommended depth of subgrade improvement forvarious allowable post-construction PVR levels(as determined bythe Structural Engineer) Page 9 DR.HC Dilworth Park Pavilion Geotechnical Engineering Report UES Project No.G124218 Subgrade Treatment-Select Fill Option PVR Minimum Thickness of Select Fill Soil Thickness of Compacted (inches) (feet, bgs)1 Subgrade below Select Fill (inches)' 2.5 2 8 2 3 8 1.5 4 8 1 5 8 Notes: 1. Depth measured below bottom of the slab-on-grade which is a foot above surrounding grades, 2. The subgrade to receive select fill soil should be scarified to a depth of 8 inches. The scarified subgrade should be compacted to 92 to 96 percent of the material's maximum standard Proctor dry density(ASTM D-698) at a workable moisture level at least 4 percentage points above optimum and placed in loose lifts not exceeding 9 inches. Subgrade improvement should extend at least 5 feet horizontally beyond the perimeter of the building. 5.2.2 Vapor Retarder A vapor retarder, with a permeance of less than 0.3 US perms (ASTM E96), should be placed under the concrete floor slab on the properly prepared building pad to reduce the transmission of water vapor from the supporting soil through the concrete slab and to function as a slip sheet to reduce subgrade drag friction. Polyethylene film, or polyolefin, with a minimum thickness of 10-mils (0.25 mm) is typically used for reduced vapor transmission and durability during and after its installation. The vapor retarder should be installed according to the ASTM E1643, "Standard Practice for Installation of Water Vapor Retarders Used in Contact with Earth or Granular Fill Under Concrete Slabs". All penetrations through the vapor retarder should be sealed to ensure its integrity. The vapor retarder should be taped around all openings to ensure the effectiveness of the barrier. Grade stakes should not be driven through the barrier and care should be taken to avoid punctures during reinforcement and concrete placement. Placement of slab concrete directly on the vapor retarder increases the risks of surface dusting, blistering and slab curling making good concrete practice critical. A low water to cement ratio concrete mix design, combined with proper and adequate curing procedures, will help ensure a good quality slab. Where vapor transmission is not a concern, elimination of the vapor retarder may provide improvements in finishing characteristics and reductions in the risks of surface dusting, blistering and slab curling. However, exposure of portions of the subgrade or granular layer, such as at blockouts for columns or utility penetrations to inclement weather during construction may create excessive or deficient moisture conditions beneath portions of the slab that have already been placed. Page 10 Geotechnical Engineering Report UES Project No.G124218 DR.HC Dilworth Park Pavilion i Blockouts for slab penetrations should be protected if a vapor retarder is omitted. ACI 302.113- 96 "Guide for Concrete Floor and Slab Construction," recommends that a vapor retarder or vapor barrier be used only when required by the specific application. 5.2.3 Utilities Utilities that project through a slab-on-grade floor or walls should be designed with either some degree of flexibility, or with sleeves, in order to prevent damage to these lines should vertical movement occur. 5.2.4 Expansion and Control Joints Expansion and control joints should be designed and placed in various portions of the structure. Properly planned placement of these joints will assist in controlling the degree and location of material cracking that normally occurs due to material shrinkage, thermal affects, soil movements and other related structural conditions. 5.3 Seismic Site Classification Following the guidelines outlined in Section 1613.3.2 of the 2018 International Building Code and Table 20.3-1 in the 2010 ASCE-7, Since our field investigation have not included a 100-foot deep boring, by definition the soil properties are not known in sufficient detail. Site Class D soils should have a Standard Penetration Resistance of 15 to 50 blows per foot (bpf), or an undrained shear strength between 1,000 and 2,000 pounds per square foot (psf). The predominate soil strengths within the depths explored at this site generally meet or exceed the typical strength range above and therefore the site should be classified as Seismic Site Class D. 5.4 Construction Excavations The contractor is responsible for designing any excavation slopes,temporary sheeting or shoring. Design of these structures should include any imposed surface surcharges. Construction site safety is the sole responsibility of the contractor, who shall also be solely responsible for the means, methods and sequencing of construction operations. The contractor should also be aware that slope height, slope inclination or excavation depths (including utility trench excavations) should in no case exceed those specified in local, state and/or federal safety regulations, such as OSHA Health and Safety Standard for Excavations, 29 CFR Part 1926, or successor regulations. Borings from this study indicated that the soils may be classified per OSHA regulations as Type B from the ground surface to a depth of 6-feet bgs. Page 11 DR.HC Dilworth Park Pavilion Geotechnical Engineering Report UES Project No.G124218 Stockpiles should be placed well away from the edge of the excavation and their heights should be controlled so they do not surcharge the sides of the excavation. Surface drainage should be carefully controlled to prevent flow of water over the slopes and/or into the excavations. Construction slopes should be closely observed for signs of mass movement, including tension cracks near the crest or bulging at the toe. If potential stability problems are observed, a geotechnical engineer should be contacted immediately. Shoring, bracing or underpinning required for the project (if any) should be designed by a professional engineer registered in the State of Texas. 5.5 Groundwater Control Groundwater was not encountered at the boring location to the termination depth of 20 feet. However,seasonal fluctuations and/or unforeseen environmental conditions may result in water being encountered at shallower depths. This groundwater could be encountered in excavations required for building pad preparation. We therefore recommend the Contractor provide a line item for dewatering in the bid package in case dewatering is required. Test pits should be performed prior to construction to verify groundwater conditions. Typically, the Contractor is responsible for designing, installing and maintaining a dewatering system for groundwater control and taking precautions to avoid distress to nearby existing structures, as a result of dewatering. Dewatering systems should be designed, installed and monitored by personnel qualified and experienced with dewatering soils. We recommend the Contractor consider retaining a dewatering expert to assist in identifying, implementing and monitoring the most suitable and cost-effective method to control groundwater. The following is intended to provide guidance to the Contractor for dewatering systems. In cohesive soils where seepage is usually low, groundwater is generally managed by collection in trench bottom sumps for pumped disposal. Care should be taken to have a redundant pumping system that allows for overnight pumping. Water must not be allowed to pond in the excavation bottoms. The softening of soils can lead to instability and sloughing of trench side walls. Clay soils interbedded with and/or underlain by lenses or layers of granular soils may have to be dewatered using techniques for cohesionless soils. In saturated cohesionless soils, groundwater is typically controlled by the installation of vacuum well points. Close well point spacing (typically on the order of 5 to 15 ft) is generally required if the granular soils are significant silt or clay content. The practical maximum depth for using vacuum well points is considered to be about 15 ft. When groundwater control is required below 15 ft, deep wells with down-hole submersible pumps have generally proved successful. Page 12 Geotechnical Engineering Report UES Project No.G124218 DR.HC Dilworth Park Pavilion i Generally,the groundwater depth should be lowered to a depth of at least 3 ft below the planned excavation bottom to provide a firm working surface. Extended and/or extensive dewatering can result in settlement of existing structures in the vicinity; the Contractor is to take necessary precautions to monitor and minimize the effects on these structures. 5.6 Earthwork 5.6.1 Site Preparation In the area of improvements, all concrete, trees, stumps, brush, debris, septic tanks, abandoned structures, roots, vegetation, rubbish and any other undesirable matter should be removed and properly disposed. 5.6.2 Proofroll Building pad and paving subgrades should be proofrolled with a fully loaded tandem axle dump truck or similar pneumatic-tire equipment weighing approximately 20 tons to locate areas of loose subgrade. In areas to be cut, the proofroll should be performed after the final grade is established. In areas to be filled,the proofroll should be performed prior to fill placement. Areas of loose or soft subgrade encountered in the proofroll should be removed and replaced with engineered fill, moisture conditioned (dried or wetted, as needed) and compacted in place. Prior to placement of any fill, the exposed soil subgrade should then be scarified to a minimum depth of 6 inches and recompacted as outlined in Section 5.6.6. 5.6.3 Construction Considerations Maintenance of Subgrade during Construction. While the exposed subgrade is expected to remain relatively stable initially, unstable conditions may arise during general construction activities, particularly if the soil is exposed to wet weather conditions and repetitive construction traffic. The use of lighter construction equipment can help minimize disturbance to the subgrade. In the event of unstable conditions, stabilization measures will be necessary. After grading is completed, it's crucial to maintain the moisture content of the subgrade before proceeding with pavement construction. Minimizing construction traffic over the finished subgrade is advisable. If the subgrade becomes frozen, desiccated,saturated,or disturbed,the affected material should either be removed or treated by scarification, moisture conditioning, and recompaction before pavement construction begins. UES should be retained to observe earthwork and to perform necessary tests and observations during subgrade preparation. Page 13 Geotechnical Engineering Report UES Project No.G124218 DR.HC Dilworth Park Pavilion i 5.6.4 Grading, Drainage, Other Considerations Efforts should be made to minimize the excessive wetting or drying of the underlying soil, as it can lead to swelling and shrinkage of these soil layers. Standard construction practices of providing good surface water drainage should be used. A positive slope of the ground away from any foundation should be provided. Ditches or swales should be provided to carry the run-off water both during and after construction. Stormwater runoff should be collected by gutters and downspouts and should discharge away from the buildings. In areas with pavement or sidewalks adjacent to the structure, a positive seal must be maintained between the structure and the pavement or sidewalk to minimize seepage of water into the underlying supporting soils. Post-construction movement of pavement and flatwork is common. Normal maintenance should include examination of all joints in paving and sidewalks, etc. as well as re-sealing where necessary. Since granular bedding backfill is used for most utility lines, the backfilled trench should not become a conduit and allow access for surface or subsurface water to travel toward the new structures. Concrete cut-off collars or clay plugs should be provided where utility lines cross building lines to prevent water from traveling in the trench backfill and entering beneath the structures. Root systems from trees and shrubs can draw a substantial amount of water from the clay soils at this site, causing the clays to dry and shrink. This could cause settlement beneath grade- supported slabs such as floors, walks and paving. Trees and large bushes should be located a distance equal to at least one-half their anticipated mature height away from grade slabs. Lawn areas should be watered moderately, without allowing the clay soils to become too dry or too wet. 5.6.5 Wet Weather/Soft Subgrade Soft and/or wet surface soils may be encountered during construction, especially following periods of wet weather. Wet or soft surface soils can present difficulties for compaction and other construction equipment. If specified compaction cannot be achieved due to soft or wet surface soils, one of the following corrective measures will be required: 1. Removal of the wet and/or soft soil and replacement with select fill, 2. Chemical treatment of the wet and/or soft soil with Lime-fly ash or cement to improve the Subgrade stability, or 3. If allowed by the schedule, drying by natural means. Chemical treatment is usually the most effective way to improve soft and/or wet surface soils. UES should be contacted for additional recommendations if chemical treatment is planned due to wet and/or soft soils. Page 14 Geotechnical Engineering Report UES Project No.G124218 DR.HC Dilworth Park Pavilion i 5.6.6 Fill Select Fill. Any fill placed in building pad areas should consist of select fill. Select fill should consist of soil with a liquid limit less than 35 and a Plasticity Index between 7 and 18. The select fill should be placed in loose lifts not exceeding 9-inches and should be compacted to at least 95 percent maximum dry density (per ASTM D-698) and at a moisture content between optimum and 4 percent above optimum moisture content. The subgrade to receive select fill should be scarified to a depth of 8 inches and compacted to 92 to 96 percent of the material's maximum standard Proctor dry density (ASTM D-698) at a workable moisture level at least 4 percentage points above optimum. Lime-treated Native Clay Soil. Based on the laboratory testing conducted for this study, the native clay on-site soils will not meet requirements for select fill outlined in the section titled "Fill". As an alternative to importing select fill, the native clay soil may be blended with lime to reduce the plasticity index to meet select fill requirements. Based on our experience, we expect that it will require between 6 and 9 percent lime (by dry unit weight) to reduce the plasticity index of the native clay soils to select fill requirements. Prior to selecting this alternative, lime series tests should be performed to assess the amount of lime required. General Fill. General fill may be placed in improved areas outside of building pad areas. General fill should consist of material approved by the Geotechnical Engineer with a liquid limit less than 50. General fill should be placed in loose lifts not exceeding 8 inches and should be uniformly compacted to a minimum of 95 percent maximum dry density (per ASTM D-698) and within ±2 percent of the optimum moisture content. The subgrade to receive general fill should be scarified to a depth of 6 inches and compacted to at least 95 percent maximum dry density (per ASTM D- 698) and at a moisture content between optimum and 4 percent above optimum moisture content. Fill Restrictions. Select fill and general fill should consist of those materials meeting the requirements stated. Select fill and general fill should not contain material greater than 4 inches in any direction, debris, vegetation, waste material, environmentally contaminated material, or any other unsuitable material. Unsuitable Materials. Materials considered unsuitable for use as select fill or general fill include low and high plasticity silt (ML and MH), silty clay (CL-ML), organic clay and silt (OH and OL) and highly organic soils such as peat (Pt). These soils may be used for site grading and restoration in unimproved areas as approved by the Geotechnical Engineer. Soil placed in unimproved areas should be placed in loose lifts not exceeding 10 inches and should be compacted to at least 92 percent maximum dry density (per ASTM D-698) and at a moisture content within ±4 percentage points of optimum. Page 15 DR.HC Dilworth Park Pavilion Geotechnical Engineering Report UES Project No.G124218 Fill on Existing Slopes. If fill is to be placed on existing slopes (natural or constructed) steeper than six horizontal to one vertical (6:1), the fill materials should be benched into the existing slopes in such a manner as to provide a minimum bench-key width of five (5) ft. This should provide a good contact between the existing soils and new fill materials, reduce potential sliding planes, and allow relatively horizontal lift placements. Cautionary Note. It is extremely important that select fill placed within building pads be properly characterized using one or more representative proctor samples. The use of a proctor sample which does not adequately represent the select fill being placed can lead to erroneous compaction (moisture and density) results which can significantly increase the potential for swelling of the select fill. The plasticity index of select fill soils placed during construction should be checked every day to confirm conformance to the project requirements and consistency with the proctor being utilized. 5.6.7 Testing Required Testing and Inspections. Field compaction and classification tests should be performed by UES. Compaction tests should be performed in each lift of the compacted material. We recommend the following minimum soil compaction testing be performed: one test per lift per 2,500 square feet (SF) in the area of the building pad, one test per lift per 5,000 SF outside the building pad, and one test per lift per 100 linear feet of utility backfill. If the materials fail to meet the density or moisture content specified,the course should be reworked as necessary to obtain the specified compaction. Classification confirmation inspection/testing should be performed daily on select fill materials(whether on-site or imported)to confirm consistency with the project requirements. The testing frequency recommended herein can be altered (increased or decreased) at the discretion of the geotechnical engineer of record. Liability Limitations. Since proper field inspection and testing are critical to the design recommendations provided herein, UES cannot assume responsibility or liability for recommendations provided in this report if construction inspection and/or testing is performed by another party. 5.7 Demolition Considerations Applicability. Recommendations in this section apply to the removal of any existing foundations, utilities or pavement which may be present on this site. General. Special care should be taken in the demolition and removal of existing floor slabs, foundations, utilities and pavements to minimize disturbance of the subgrade. Excessive disturbance of the subgrade resulting from demolition activities can have serious detrimental effects on planned foundation and paving elements. Page 16 Geotechnical Engineering Report UES Project No.G124218 DR.HC Dilworth Park Pavilion i Existing Foundations. Existing foundations are typically slabs, shallow footings, or drilled piers. If slab or shallow footings are encountered, they should be completely removed. If drilled piers are encountered, they should be cut off at an elevation at least 24 inches below proposed grade beams/footings or the final subgrade elevation, whichever is deeper. The remainder of the drilled pier should remain in place. Foundation elements to remain in place should be surveyed and superimposed on the proposed development plans to determine the potential for obstructions to the planned construction. UES should be contacted if drilled piers are to be excavated and removed completely. Additional earthwork activities will be required to make the site suitable for new construction if the piers are to be removed completely. Existing Utilities. Existing utilities and bedding to be abandoned should be completely removed. Existing utilities and bedding may be abandoned in place if they do not interfere with planned development. Utilities which are abandoned in place should be properly pressure-grouted to completely fill the utility. Backfill. Excavations resulting from the excavation of existing foundations and utilities should be backfilled in accordance with Section 5.6.6. Other Buried Structures. Other types of buried structures (wells, cisterns, etc.) could be located on the site. If encountered, LIES should be contacted to address these types of structures on a case-by-case basis. 5.8 Possible Fill Fill was not encountered during the subsurface investigation at the boring location. However, It is worth noting that existing fill may also be present, in other parts of the site. Accurately delineating fill soils, especially those resembling native soils, based on discrete test boreholes is challenging. If there is no record indicating that the fill was placed and compacted in a controlled manner (engineered fill), it will be necessary to confirm the compaction of the existing fill by performing test pits or excavate and recompact it in accordance with select fill placement requirements (see section 5.6.6) prior to construction of the building pads. Any existing fill within the proposed paving area may remain in-place provided the proofroll (see section 5.6.2) is passed. Uncontrolled fills frequently contain trash,debris,concrete rubble,construction debris, boulders, and other unsuitable materials. Excavation and grading contracts should include provision for removal of unsuitable materials from the project site. Page 17 Geotechnical Engineering Report UES Project No.G124218 DR.HC Dilworth Park Pavilion i 6.0 GENERAL COMMENTS Data Assumptions. By necessity, geotechnical engineering design recommendations are based on a limited amount of information about subsurface conditions. In the analysis,the geotechnical engineer must assume subsurface conditions are similar to those encountered in the borings. The analyses, conclusions and recommendations contained in this report are based on site conditions as they existed at the time of the field study and on the assumption that the exploratory borings are representative of the subsurface conditions throughout the site; that is, the subsurface conditions everywhere are not significantly different from those disclosed by the borings at the time they were completed. As a result, estimated movements provided in this study are not guarantees of performance. Actual movements may be more or less than estimates provided in this study. Subsurface Anomalies. Anomalies in subsurface conditions are often revealed during construction. If during construction, different subsurface conditions from those encountered in our borings are observed, or appear to be present in excavations, we must be advised promptly so that we can review these conditions and reconsider our recommendations where necessary. Change of Conditions. If there is a substantial lapse of time between submission of this report and the start of the work at the site, if conditions have changed due either to natural causes or to construction operations at or adjacent to the site, or if structure locations, structural loads or finish grades are changed, we should be promptly informed and retained to review our report to determine the applicability of the conclusions and recommendations, considering the changed conditions and/or time lapse. Design Review. Recommendations in our report are contingent upon UES reviewing and approving the grading plans,foundation plans and other pertinent design details provided by the structural engineer of record. Page 18 DR.HC Dilworth Park Pavilion Geotechnical Engineering Report UES Project No.G124218 Construction Materials Testing and Inspection. UES should be retained to observe earthwork and foundation installation and perform materials evaluation and testing during the construction phase of the project. This enables UES's geotechnical engineer to stay abreast of the project and to be readily available to evaluate unanticipated conditions, to conduct additional tests if required and, when necessary, to recommend alternative solutions to unanticipated conditions. It is proposed that construction phase observation and materials testing commence by the project geotechnical engineer (UES) at the outset of the project. Experience has shown that the most suitable method for procuring these services is for the owner to contact directly with the project geotechnical engineer. This results in a clear, direct line of communication between the owner and the owner's design engineers and the geotechnical engineer. Report Recommendations are Preliminary. Until the recommended construction phase services are performed by UES, the recommendations contained in this report on such items as final foundation bearing elevations,final depth of undercut of expansive soils for non-expansive earth fill pads and other such subsurface-related recommendations should be considered as preliminary. Liability Limitation. UES cannot assume responsibility or liability for recommendations provided in this report if construction inspection and/or testing recommended herein is performed by another party. Warranty. This report has been prepared for the exclusive use of the Client and their designated agents for specific application to design of this project. We have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. No other warranty, expressed or implied, is made or intended. Page 19 APPENDIX #852406F-CONFORMED SPECIFICATIONS Environmental I Geotechnical Engineering UES1 Materials Testing Field Inspections&Code Compliance Geophysical Technologies Site Location Plan IL .+ Vftlkc ..- L ' * _ l��a �.;J�.1 itfily ♦ %_�l�lf�iYi� � Y+ � .Jrt rwr •, Was— r f fill' ��or` +� �� �, x 3 !fie Wk 00 WA RIP June 25, 2024 DR. HC DILWORTH PARK PAVILION (CDGB) Geotechnical Engineering Report 2726 Easley Street, Corpus Christi, Texas UES Project No: G124218 UES 16817 Leopard St.,Corpus Christi,TX 78409 1 office: 361.883.4555 1 fax:361.883.4711 #852406F-CONFORMED SPECIFICATIONS Environmental r/0 Geotechnical Engineering U E S Materials Testing Field Inspections&Code Compliance Geophysical Technologies Boring Location Plan F- • 8 J. r M ' 4�, �• 46 AY I June 25, 2024 DR. HC DILWORTH PARK PAVILION (CDGB) Geotechnical Engineering Report 2726 Easley Street, Corpus Christi, Texas UES Project No: G124218 UES 16817 Leopard St.,Corpus Christi,TX 78409 1 office: 361.883.4555 1 fax:361.883.4711 #852406F-CONFORMED SPECIFICATIONS LOG OF BORING B-1 SHEET 1 of 1 CLIENT: Chuck Anastos Associates, LLC. Wo UES PROJECT: DR. HC Dilworth Park Pavillion (CDBG) 6817 Leopard Street Corpus Christi,Texas 78409 LOCATION: 2726 Easley Street, Corpus Christi, Texas TM Telephone: (361�883-4555 Fax: (361)-883-4711 NUMBER: G124218 DATE(S) DRILLED: 5/30/2024 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERBERG Solid Stem Augers LIMITS x w GROUNDWATER INFORMATION: z Lu Lu p > Groundwater not encountered during drilling. w ? � Dry and open upon completion z g J H F LLLL O J H } O O D F�LL� U U t� ~L N m Z 0 (n(n�(n (� (n Z co (J 0 �cno�z > > Q a w o � Z z a 2 o 0 0 L ° a 0- z SURFACE ELEVATION: N/A ° o U) can z a c7 LL PL PI o ° ° 'U--) ° DESCRIPTION OF STRATUM SH P=4.5+ 22 74 21 53 80 FAT CLAY WITH SAND(CH), dark gray, moist, hard. S-1 SH S-2 P=4.5+ 25 Same as above. 5 ————— ———— ———— -- -- -- ------------------------------ SH P=2.0 15 40 14 26 110 1.5 47 CLAYEY SAND(SC), brown, moist, stiff. S-3 ————— ———— ———— -- -- -- —————————————————————————————— SH S-4 P=4.5+ 18 LEAN CLAY WITH SAND,with calcareous deposits, brown 10 and greenish gray, hard. SH P=4.0 19 44 14 30 72 Same as above,very stiff. (CL) S-5 SH P=4.5+ 18 Same as above, hard. S-6 15 0 J Lu 0 O O a C7 s P=2.0 23 Same as above, stiff. 0 20 Boring terminated at 20 feet. N V N_ Z o N - STANDARD PENETRATION TEST RESISTANCEco REMARKS: Qc- STATIC CONE PENETROMETER TEST INDEX Drilling operation performed by UES at GPS coordinates p N 27.77155 W 97.42533 0 P- POCKET PENETROMETER RESISTANCE 0 J #852406F-CONFORMED SPECIFICATIONS UES 6817 Leopard Street r/0 Corpus Christi,Texas 78409 UESTM Telephone: (361)-883-4555 Fax: (361)-883-4711 KEY TO SOIL CLASSIFICATION AND SYMBOLS UNIFIED SOIL CLASSIFICATION SYSTEM TERMS CHARACTERIZING SOIL MAJOR DIVISIONS SYMBOL NAME STRUCTURE GW .'• Well Graded Gravels or Gravel-Sand mixtures,little SLICKENSIDED-having inclined planes of weakness or no fines that are slick and glossy in appearance GRAVEL GP Poorly Graded Gravels or Gravel-Sand mixtures,little FISSURED-containing shrinkage cracks,frequently AND o D or no fines filled with fine sand or silt;usually more or less GRAVELLY vertical SOILS GM o Silty Gravels, Gravel-Sand-Silt mixtures LAMINATED(VARVED)-composed of thin layers of o varying color and texture,usually grading from sand COARSE GC Clayey Gravels,Gravel-Sand-Clay Mixtures or silt at the bottom to clay at the top GRAINED CRUMBLY-cohesive soils which break into small SOILS SW Well Graded Sands or Gravelly Sands,little or no blocks or crumbs on drying fines CALCAREOUS-containing appreciable quantities of Poorly Graded Sands or Gravelly Sands,little or no calcium carbonate,generally nodular SAND SP fines AND WELL GRADED having wide range in grain sizes SANDY and substantial amounts of all intermediate particle SOILS SM Silty Sands,Sand-Silt Mixtures sizes POORLY GRADED predominantly of one grain size SC Clayey Sands,Sand-Clay mixtures uniformly graded)or having a range of sizes with some intermediate size missing(gap or skip graded) ML Inorganic Silts and very fine Sands, Rock Flour,Silty or Clayey fine Sands or Clayey Silts SILTS SYMBOLS FOR TEST DATA AND CL Inorganic Clays of low to medium plasticity,Gravelly CLAYS Clays,Sandy Clays,Silty Clays,Lean Clays LL<50 _ a - Groundwater Level OL r Organic Silts and Organic Silt Clays of low plasticity (Initial Reading) 1 — Groundwater Level JH Inorganic Silts,Micaceous or Diatomaceous fine (Final Reading) Sandy or Silty soils, Elastic Silts ' SILTS — Shelby Tube Sample AND CLAYS Inorganic Clays of high plasticity, Fat Clays LL>50 ® — SPT Samples Organic Clays of medium to high plasticity,Organic Silts m — Auger Sample Limestone — Rock Core NON x x x m - x x x Texas Cone Penetrometer USCS x x x Marl/Claystone MATERIALS x x x Grab Sample ••• Sandstone TERMS DESCRIBING CONSISTENCY OF SOIL COARSE GRAINED SOILS FINE GRAINED SOILS DESCRIPTIVE NO.BLOWS/FT. DESCRIPTIVE NO.BLOWS/FT. UNCONFINED STANDARD PEN. STANDARD PEN. COMPRESSION TERM TEST TERM TEST TONS PER SQ.FT. Very Loose 0-4 Very Soft <2 <0.25 Loose 4-10 Soft 2-4 0.25-0.50 Medium 10-30 Firm 4-8 0.50- 1.00 Dense 30-50 Stiff 8-15 1.00-2.00 Very Dense over 50 Very Stiff 15-30 2.00-4.00 Hard over 30 over 4.00 Field Classification for"Consistency"of Fine Grained Soils is determined with a 0.25"diameter penetrometer #852406F-CONFORMED SPECIFICATIONS SaninaaS buuaauibu�g jo 3uaua3undaC7 ECT s� a zci wi SVX31 133HS3Pill 0 11SIaHO Snda®3 jo ,Gips z set E a oq�E� �a S 0 1 S u 4 N � (`J800)NOI�InVd Hl?JOMll4'O'H'a0 E � o o� KU N UU NOI1d1210530 AB 31tl0 'ON NOISIn3a111 N011dl-30 A0 3LY4 N' OI 8 U y V O U) U a 22 U)LU Z LU LU X W o 0 Bow � o W cn o a w a wGw St- o o ¢ o 2 rz 03 coa w O o w w J H O O W > O 2 0 2 a a F Z 00 ~Q ry N W k W U U 2 xn W S O O W O F h W ae W rc j N W m F o 20 ' Hwy 2 `M,J JOa �aat 0 ® Z LL LILI- w O v�i s e Ld � o� oQ =a z z z C w ;� o N w J sv F= a 11_ 0 0 ° a _ J 3J W g z Ll- - � W f ,w, o n% Lr o a o ` Lr No e CL m � x �n> she a o �yMs sH%p pX ;X WQK WX E<. vai p QQ=I ZfL1 ZM7 CL ® Z 4ttvia Z�UN �Q(n ram" jj�� wOam J� aon u�eo�n�n J � � K� actt� ohm O F d K O W Z p d < �dQ o Z E SaoinaaS 5uuaau(5u3 {o ;uawpoda4 _ NOUVAHOdNl WHEIN30 ° o Ecru"o a�ci wi SVX31 0 11SI&HO sncta0o jo .111i _ (1-3 J1S J.3PSV3 9ZLZ) N o U v z 3 S 1 S (0800)N01MVd HiiJOMl10'0'H'a0 h i u ) n R NOUdIM0530 AB ML 'ON NOISMU NOUdIMOS30 a 3— 'ON N 4 w ¢o G _ rt Q _ goF LU w w _ -- Op LU OEu�� _ - ----- J 2 a 0 3 u 9 - z - - w Q I I Q- u m6x � pH! 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PC350(WPI-1)10908 TDITexas Department of Insurance Application for Certificate of Compliance App Form WPI-1 ID:2391837 Physical Address of Structure to be Inspected 2726 Easley Street Tract/Addition: Lot: Block: City:Corpus Christi ZIP:78405 County: Nueces City Limits: Inside City Limits Structure is located in: Is the structure located in a Coastal Barrier Resource Zone(CBRA): No Owner Name:City of Corpus Christi Phone: (361) 826-3500 Fax: Mailing Address: 1201 Leopard Street City:Corpus Christi ZIP:78401 Contractor Name: Phone: Fax: Mailing Address: City: ZIP: Engineer Name: KEITH A SANDERS Phone: (361,, 853-2071 Fax: Mailing Address:3530 S Alameda St City:Corpus Christi ZIP:784111722 Email: izzy102096@aol.com Texas Registration No.:88234 Commencement of Construction Date Date of Application Type of Building 10-15-2024 09-03-2024 Pavilion Inspections 1.- Bldg: Dr. H.C. Dilworth Pavilion-New, New(Entire Building) Comments: New detached pavilion. 2. 3. Comments Submitter Name: KEITH SANDERS Phone: (361)853-2071 Date: 09-03-2024 Submitter Type: Engineer For Texas Department of Insurance Inspections: mail or email to your local field office For inspections by engineers: mail or email to Austin office:windstorm@tdi.texas.gov Texas Department of Insurance Windstorm Inspections Program P.O. Box 12030 Austin, TX 78711-2030 City of Corpus Christi Texas Department of Insurance I www.tdi.texas.gov 1/2 Development Services Department Reviewed for Code Compliance 1 of 2 9/3/2024, 1:09 PH COMcheck Software Version COMcheckWeb Exterior Lighting Compliance Certificate Project Information Energy Code: 2015 IECC Project Title: Dr. H.C. Dilworth Pavilion Project Type: New Construction Exterior Lighting Zone 2 (Residential mixed use area (LZ2)) Construction Site: Owner/Agent: Designer/Contractor: 2726 Easley Street JOE LOUIS MENDIOLA Corpus Christi,Texas 78405 GPM ENGINEERING 4444 CORONA DRIVE, SUITE 212 CORPUS CHRISTI,Texas 78411 mendiola.joe@gpmeng.com Allowed Exterior Lighting Power A B C D E Area/Surface Category Quantity Allowed Tradable Allowed Watts Watts / Wattage (B X C) Park Pavilion (Free standing/attached sales canopy) 1024 ft2 0.6 Yes 614 Total Tradable Watts (a) = 614 Total Allowed Watts = 614 Total Allowed Supplemental Watts (b) = 600 (a)Wattage tradeoffs are only allowed between tradable areas/surfaces. (b)A supplemental allowance equal to 600 watts may be applied toward compliance of both non-tradable and tradable areas/surfaces. Proposed Exterior Lighting Power A B C D E Fixture ID : Description / Lamp / Wattage Per Lamp / Ballast Lamps/ # of Fixture (C X D) Fixture Fixture Watt. Park Pavilion (Free standing/attached sales canopy, 1024 ft2)• Tradable Wattage A: A: 24" LINEAR: LED Linear 22W: 1 4 21 85 Total Tradable Proposed Watts = 85 DesignExterior Lighting PASSES: . . Exterior Lighting Compliance Statement Compliance Statement: The proposed exterior lighting design represented in this document is consistent with the building plans, specifications, and other calculations submitted with this permit application.The proposed exterior lighting systems have been designed to meet the 2015 IECC requirements in COMcheck Version COMcheckWeb and to comply with any applicable mandatory requirements listed in the Inspection Checklist, -J c 1, �4eL Name-Title Signature Date Project Title: Dr. H.C. Dilworth Pavilion Report date: 08/28/24 Data filename: City 01 CoPage'�' 1.t116 S14 Development Services Department Reviewed for Code Compliance COMcheck Software Version COMcheckWeb Inspection Checklist Energy Code: 2015 IECC Requirements: 0.0% were addressed directly in the COMcheck software Text in the "Comments/Assumptions" column is provided by the user in the COMcheck Requirements screen. For each requirement, the user certifies that a code requirement will be met and how that is documented, or that an exception is being claimed. Where compliance is itemized in a separate table, a reference to that table is provided. Section # Plan Review Complies? Comments/Assumptions & Req.ID� F C103.2 Plans, specifications, and/or ❑Complies [PR8]1 :calculations provide all information ;❑Does Not ;with which compliance can be determined for the exterior lighting TlNot Observable and electrical systems and equipment ;❑Not Applicable .and document where exceptions to ;the standard are claimed. Information provided should include exterior lighting power calculations, wattage of bulbs and ballasts, transformers and control devices. C406 Plans, specifications, and/or ;❑Complies [PR9]1 :calculations provide all information ;❑Does Not ;with which compliance can be determined for the additional energy ;❑Not Observable: efficiency package options. ❑Not Applicable ; Additional Comments/Assumptions: 1 I High Impact(Tier 1) 2 Medium Impact 1 3 Low Impact(Tier 3)Project Title: Dr. H.C. Dilworth Pavilion City of I(e96rpu.�tCbgjfl7'24 Data filename: Development Servf8gs 12e�arfinent Reviewed for Code Compliance Section # Rough-In Electrical Inspection Complies? Comments/Assumptions & Req.l D C405.2.5 ;Automatic lighting controls for exterior ❑Complies [EL25]nu° :lighting installed. Controls will be ;❑Does Not ;daylight controlled, set based on business operation time-of-day, or F❑Not Observable reduce connected lighting > 30%. :❑Not Applicable Additional Comments/Assumptions: 1 I High Impact(Tier 1) 2 Medium Impact 1 3 Low Impact(Tier 3) Project Title: Dr. H.C. Dilworth Pavilion City of oQq6rPwtLCb8j5&j24 Data filename: Development Servf8gs Die arfment Reviewed for Code Compliance Section # Final Inspection Complies? Comments/Assumptions & Req.l D C405.5.1 ;Exterior lighting power is consistent ❑Complies See the Exterior Lighting fixture schedule for values. [FI19)1 with what is shown on the approved ❑Does Not lighting plans, demonstrating proposed watts are less than or equal '❑Not Observable to allowed watts. :❑Not Applicable Additional Comments/Assumptions: 1 I High Impact(Tier 1) 2 Medium Impact 1 3 Low Impact(Tier 3) Project Title: Dr. H.C. Dilworth Pavilion • City of rPu.W b8j5&j'24 Data filename: • Development Servpe&s Department Reviewed for Code Compliance