Loading...
HomeMy WebLinkAboutC2015-037 (VOL 1 OF 2) - 6/16/2015 - Approved �t 2015-037 6/16/15 M2015-068 Zeit Energy LLC (Volume 1) DESIGN BUILD CONTRACT DOCUMENTS FOR RFQ #2015-01 AYERS STREET CNG STATION PROJECT NO. E15114 Volume 1 City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 361/826-3500 DESIGN BUILD CONTRACT DOCUMENTS FOR RFQ #2015-01 AYERS STREET CNG STATION PROJECT NO. E15114 Volume 1 mom City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas •• 361/826-3500 Design-Build Contract Documents Table of Contents Division/Section Title VOLUME 1 Division 00 Procurement and Contracting Requirements RFQ Request For Qualifications and Response RFP Request for Proposal and Response .. 00 30 02 - - - - - - - - 003004 - - -00 30 05 Disclosure of Interest 00 30 06 00500DB Agreement 00 61 13 Performance Bond 00 61 16 Payment Bond 00 72 00 General Conditions 00 72 01 Insurance Requirements ■" 00 72 02 Wage Rate Requirements 00 72 03 Minority/MBE/DBE Participation Policy 00 73 00DB Supplementary Conditions 00 74 00 . - - - - - VOLUME 2 Division 01 General Requirements 01 1100 Summary of Work 01 23 10 Alternates and Allowances 0129 00 - Application for Payment Procedures 01 29 01 Measurement and Basis for Payment 01 31 00 Project Management and Coordination 0131 13 Project Coordination 0131 14 Change Management 0133 00 Document Management 0133 02 Shop Drawings 0133 03 Record Data 0133 04 Construction Progress Schedule 0133 05 Video and Photographic Documentation 01 34 01 Buy American Provisions(ARRA) 0134 02 Buy American Certification (ARRA) 1.1 0134 03 Buy American Provisions (TWDB) 01 34 04 Buy American Certification (TWDB) 0135 00 Special Procedures 0140 00 Quality Management 0150 00 Temporary Facilities and Controls 0157 00 Temporary Controls 0170 00 Execution and Closeout Requirements Design Build Standard Table of Contents July-31-2015 Iffe 00 50 00DB DESIGN-BUILD AGREEMENT This AGREEMENT, for the Project awarded on June 16, 2015, is between the City of Corpus Christi (Owner) and Zeit Energy, LLC. Design-Builder), for services in connection with the Project identified below: a PROJECT: Ayers Street CNG Station, Corpus Christi, Texas, RFQ No. 2015-01, Project ID No. E15114. a In consideration of the mutual covenants and obligations contained herein, Owner and Design-Builder agree as set forth herein. a ARTICLE 1 - SCOPE OF WORK AND FIXED PROJECT BUDGET woo 1.1 Design-Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents. There is a fixed project budget, of $1,500,000.00 ("Fixed Project Budget") for the Project, including contingencies, as described below. During the preconstruction phase and as the design of the Project progresses, the Owner, based on the information and professional services provided by the tee Design-Builder, may modify the Fixed Project Budget from time to time based on modifications in the design, the detailed statement of probable construction cost and identification of a source of funds. The Fixed Project Budget, as established by the Owner, will be the amount of funds which Owner, upon approval of City council, will have available for the payment of all costs for the Project, including the Cost of the Work and the Design- Builder's Fee for construction phase services. Following Schematic Design Services, the Owner will review and issue a Notice to Proceed for the remainder of the Design-Build its services. In accordance with Article 15 of the General Conditions, the Contract Price for all services and work will be $1,597,271.39. The Contract Price includes the Base Bid amount of$1,488,777.09 plus the following additive alternates: Pricing Option 1 for a Compression Upgrade at $42,426.48, Pricing Option 2, a Priority Panel Upgrade at $11,629.92 and Pricing Option 3, for a Storage Capacity Upgrade at$54,437.90. The scope of services upon which the Contract Price will be based is attached as Exhibit A to this Agreement and made err a part hereof. 1.2 Phases of Services and the Work. The services and the Work to be performed by or through the Design-Builder shall be divided into the Preconstruction Phase and the Construction Phase. The Work to be performed under the Construction Phase may commence before the Preconstruction Phase is completed. However, no Work shall commence under the Construction Phase until a Notice to Proceed with regard to such Work has been issued by the Owner in accordance with the terms of the Contract. 1.3 Preconstruction Phase Services rim 1.3.1 As part of the Request for Qualifications documents for this Project, Design-Builder received the Owner's program requirements and objectives for the Project, and which is incorporated by reference herein. Design-Builder has provided to owner preliminary design specifications and an initial project schedule for the design and construction phases of the Project. Page 1 of 11 E15114 Ayers Street CNG Station rr Ile is 1.3.2 Schematic Design Documents. Design-Builder shall prepare Schematic Design Documents. The Design-Builder shall prepare schematic design options to meet architectural design program requirements for Owner's consideration. The Owner will review and approve the schematic design options to be developed for final Schematic Design Documents. The parties shall meet to discuss the Schematic Design Documents (fit and agree upon what revisions, if any, should be made. Design-Builder shall perform such agreed-upon revisions. .1 As part of the Schematic Design Documents, the Design-Builder shall establish an architectural design program for Owner's review and approval in narrative form, describing major functional elements, space requirements and relationships between the elements, requirements within each space (environmental, acoustical, lighting, electrical, communications, cabinetry, security, etc.), site development requirements, code requirements, aesthetic requirements and other special considerations. Design-Builder shall include programming efforts such as reviewing existing building and site conditions, reviewing existing record documents, making measured drawings of existing construction as necessary, interviewing personnel, reviewing inventories of furniture, equipment and materials, attending meetings and taking other actions as necessary to establish the scope of the Project as dictated by the Owner's needs. 1.4 Quality Control Plan (QCP) 1.4.1 The Design-Builder agrees to perform quality assurance-quality control/ constructability reviews in accordance with the Design-Builder's approved Quality Control Plan (QCP), that is incorporated by reference and which includes any subsequent revisions approved by Owner. The QCP is to be submitted to the Owner for approval prior to the Owner's issuance of a Notice to Proceed to the Design-Builder. In addition to providing the reports required by the QCP, the Design-Builder agrees to address any QCP comments from the Owner and provide resolution to the Owner's its satisfaction. In the event the Owner retains a separate consultant to perform additional QCP services for the Owner, the Design-Builder will comply with the Professional 0.4 Services Procurement Act to the extent applicable and the City's HUB Ordinance. Design-Builder will provide all necessary information to the Owner, address any comments from the Owner's consultant, and provide resolution to the Owner's satisfaction. The Design-Builder shall include this language in all its subconsultant rr contracts to ensure subconsultants understand their responsibility for complying with the Owner's or Owner's consultant's QCP requirements. 1.4.2 The QCP reviews will be performed by a staff member of the Design-Builder not involved in day-to-day Project tasks. If the Design-Builder does not have the internal staff capacity to provide for this independent review, the Design-Builder must include a QCP subconsultant on the project team. The person performing the QCP reviews shall certify, seal and attest that the final construction bid documents have been drafted in full compliance with the QCP. 1.4.3 The Design-Builder will perform QCP reviews at intervals during the design phase, specified in the QCP, to ensure plans, specifications, and drawings satisfy accepted Page 2 of 11 E15114 Ayers Street CNG Station aft i quality standards and meet the requirements of the project scope. Based on the findings of the QCP reviews, the Design-Builder must reconcile the project scope and budget as needed. Documentation will be included that verifies interdisciplinary Iia coordination has occurred. 1.4.4 The Design-Builder will perform constructability reviews, using persons with Os construction experience, at appropriate intervals, during the design phase, specified in the QCP to ensure that the project is buildable, as well as cost-effective, biddable, and maintainable. Based on the findings of the constructability reviews, the Design Builder shall redesign the project, as required, to conform to the Fixed Construction Budget. The Design-Builder will provide interim construction estimates to verify that the project is within the Fixed Construction Budget. is 1.4.5 Acceptance and/or approval of the Design-Builder's QCP documentation by the Owner do not constitute a release of the responsibilities and liability of the Design-Builder for the accuracy and competency of its QCP reviews and final construction documents. ARTICLE 2 — CONTRACT DOCUMENTS 1111 2.1 The Contract Documents are comprised of the following: 2.1.1 All written modifications, amendments and Change Orders to this Agreement issued in accordance with Article 11 of the General Conditions of Contract Between Owner and Design-Builder ("General Conditions of Contract"); 2.1.2 Request for Qualifications NO. 2015-01 (including technical proposal and cost proposal submitted by Design-Builder) 2.1.3 This agreement, including all exhibits and attachments; 2.1.4 Written Supplemental General Conditions, if any, to the General Conditions of Contract; 2.1.5 The General Conditions of Contract; 2.1.6 Construction Documents prepared and approved in accordance with this Agreement, the Scope of Work and the General Conditions of Contract; 2.1.7 The following documents, if any: .1 the documents contained in the Project Manual and not otherwise specifically referenced above. .2 the Request for Qualifications Documents, specifically including the HUB requirements contained therein. .3 the Design-Builder's Response submittals to Request for Qualifications of irr Owner. irr Page 3 of 11 E15114 Ayers Street CNG Station rr 10,4 ARTICLE 3 — INTERPRETATION AND INTENT 3.1 The Contract Documents are intended to permit the parties to complete the Work and him all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. a 3.2 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. MO 3.3 The Contract Documents form the entire agreement between Owner and Design Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. www ARTICLE 4 — OWNERSHIP AND USE OF DOCUMENTS ggio 4.1 All Project Drawings and Specifications and other work product ("Work Product") produced by the Design-Builder under this Agreement are the property of the Owner. The Design-Builder may not provide copies of the Work Product to third parties or otherwise use the Work Product covered by this subsection without the express prior written approval of the rr Owner. Fff 4.2 The Design-Builder agrees that the Work Product, which is to be delivered under this Agreement, and which is to be paid for by the Owner, is subject to the rights of the Owner in effect on the date of this Agreement. These rights include the right to use, duplicate and disclose such items in whole or in part, in any manner and for whatever purpose, and to have others do so. The Design-Builder shall not copyright or otherwise claim Ownership of the Work Product covered by this subsection. The Design-Builder shall include appropriate provisions in its subconsultant contracts to achieve the purpose of this subsection. 4.3 All Work Product furnished by the Design-Builder is considered instruments of its services for this Project. It is understood that the Design-Builder does not represent the Work Product to be suitable for reuse on any other project or for any other purpose(s). If the Owner reuses the Work Product for another Project without the Design-Builder's specific written verification or adaptation, such reuse will be at the risk of the Owner, without liability to the Design-Builder. or 4.4 If the Design-Builder is terminated under this Agreement, the Owner may continue the Project and Design-Builder shall deliver a complete set of the Drawings, Specifications, and other Work Product within fourteen (14) calendar days of the notice of termination in the format designated by the Owner. The Owner may have these documents completed, corrected, revised or added to by another design professional in accordance with Title 22, Chapter 137.33(i) of the Texas Administrative Code. Page 4 of 11 E15114 Ayers Street CNG Station 1111 4.5 Record Documents. Design-Builder shall provide Owner one complete copy of the Work Product in electronic file formats (CD-R). Drawings shall be prepared with computer- s aided design and drawing technology utilizing the Owner's CADD Standards, which will be provided to Design-Builder. The record documents shall reflect any changes (Field Order, Change Orders, Work Change Directives, etc.) made subsequent to the Owner's receipt of approved Construction Documents. Copies of the record documents that may be relied upon �r by Owner are limited to the printed copies that are signed and sealed by the Design-Builder's architect of record. Electronic files of record documents that are furnished by Design-Builder to Owner are only for the convenience of Owner. a 4.6 Records Retention Policy and Access. Design-Builder shall retain copies of all Work Product, Record Documents and other Project records, including but not limited to acceptable accounting records, (the "Records") for a minimum of three (3) years from the date of final is acceptance of the Work or such longer period of time as would be reasonably required in the fro event of any litigation arising out of or connected to the Project or this Agreement or as required by the terms of any applicable grant(s). Owner and any other regulatory entity with jurisdiction over the Project shall have reasonable access at all times to the Records for the purpose of making copies, excerpts, and transcriptions, and conducting audits and examinations. r 4.6.1 Owner's Right to Audit. Owner shall have the right to perform audits on the Records and the Records of subcontractors and subconsultants in accordance with so the General Conditions of the Contract. et. ARTICLE 5 — CONTRACT TIME a 5.1 Date of Commencement. The Work shall commence within five (5) days of Design Builder's receipt of Owner's Notice to Proceed ("Date of Commencement") unless the parties so mutually agree otherwise in writing. 5.1.1 Phases of Services and the Work. The services and the Work to be performed by or through the Design-Builder shall be divided into the Preconstruction Phase and the Construction Phase. The Work to be performed under the Construction Phase may commence before the Preconstruction Phase is completed. However, no Work shall commence under the Construction Phase until a Notice to Proceed with regard to such Work has been issued by the Owner in accordance with the terms of the Contract. 5.2 Substantial Completion and Final Completion 5.2.1 Substantial Completion of the entire Work shall be accomplished no later than 200 calendar days from written Notice to Proceed with Design Phase Services, which date shall be the "Scheduled Substantial Completion Date". 5.2.2 Interim milestones and/or Partial Substantial Completion of identified portions • of the Work shall be achieved as follows: .1 Interim milestones and/or Partial Substantial Completion dates for portions of the Work, if any, are determined and agreed upon as part of the Schematic Design services. Page 5 of 11 E15114 Ayers Street CNG Station a 5.2.3 Final Completion of the Work or identified portions, and resolution of all unresolved Claims of the Work shall be achieved no later than 7 calendar days following Scheduled Substantial Completion Date. a 5.2.4 The Scheduled Substantial Completion Date set forth in this Article 5 ("Contract Time(s)") shall be subject to adjustment in accordance with the General Conditions of Contract. P" 5.3 Time is of the Essence. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 5.4 Liquidated Damages. i 5.4.1 Design-Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult im to determine and accurately specify. Design-Builder agrees that if Substantial Completion is not attained by the Scheduled Substantial Completion (the "LD Date"), Design-Builder shall pay Owner six hundred eighty dollars and zero cents ($680.00) as liquidated damages for each day that Substantial Completion extends beyond the Is LD Date. 5.4.2 In addition, if Final Completion is not attained by 7 calendar days following Scheduled Substantial Completion Date ("Final Completion Liquidated Damages Date"), Design-Builder will pay Owner six hundred eighty dollars and zero cents ($680.00) as Liquidated Damages for each day Final Completion extends beyond the Final Completion Liquidated Damages Date. ovo 5.4.3 Owner reserves the right to either liquidated damages provided herein or actual damages. Actual damages include, but are not limited to, any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Owner which are occasioned by it any delay in achieving Substantial Completion or Final Completion. 5.4.4 To the extent that the parties enter into a Work Authorization Amendment for a portion of the Work (a Work Package for less than the entire scope of the Work), the parties may agree therein to a required Substantial Completion Date for such portion of the Work and separate Liquidated Damages for the Design-Builder's failure to achieve Substantial Completion of such portion of the Work within the Contract Time Requirements provided therein. The Liquidated Damages set out in a Work Authorization Agreement for a portion of the Work shall be in an amount which bears the same ratio to the Liquidated Damages for the entire Work's Fixed Construction Budget, as set forth above, as the estimated Cost of the Work of that Work Package (as reflected in the GMP Proposal) bears to the Fixed Construction Budget. The total Owf value of liquidated damages set out in a Work Package will, upon Substantial Completion of that Work Package, proportionately reduce the overall total liquidated damages that could be assessed by the Owner for the entire Work. is 5.4.5 Notwithstanding anything to the contrary contained herein, the maximum amount of Liquidated Damages that may be assessed against and paid by Design- Builder shall not exceed in the aggregate the amount of the sum of the Design- Page 6 of 11 E15114 Ayers Street CNG Station r Builder's Preconstruction Phase Fee and the Design-Builder's Construction Phase Fee as set forth below, prior to any adjustment as authorized by the Contract Documents. This maximum amount of liquidated damages shall not apply to the amount of delay damages recoverable by the Owner in an action brought against the Design-Builder for delay in achieving Substantial Completion as required herein in the event that the Liquidated Damages are held by the applicable court or arbitration panel to be a unenforceable as a penalty, except where the Liquidated Damages are held to be unenforceable as a result of a legal challenge in such action by the Owner. ffs 5.5 Warranty Period. The warranty period will commence on the date of Substantial Completion of the entire Project and continue for one calendar year thereafter. Design- ^ Builder's general warranty and guarantee obligations are set out in the General Conditions ha of the Contract. ARTICLE 6 — Contract Price 6.1 Any additional compensation that may be required by reason of Owner requested changes to previously approved Work Product or Owner requested increases in scope of Project, if allowed, shall be executed as a Change Order to this Agreement in accordance with the applicable provisions of the General Conditions, provided, however, that the correction of previously approved Work Product, which is in error or omission, or to correct deficiencies in Work, will not be eligible for additional compensation. „w 6.2 Payments for Schematic Design Phase and Professional Services shall be made monthly in proportion to services performed within each Phase of services, on the basis set forth in Articles 1 and 7, respectively ARTICLE 7 — PROCEDURE FOR PAYMENT 7.1 Progress Payments 7.1.1 Design-Builder shall submit applications for Progress Payments to Owner no more than once a month and in accordance with Article 15 of the General Conditions a of Contract. 7.1.2 Owner shall make payment within thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Article 15 of the General Conditions of Contract. 7.2 Retainage on Progress Payments 7.2.1 Owner will retain five percent (5%) of the construction cost component of each Application for Payment until final payment. 7.2.2 If the Work is near completion and delay occurs due to no fault or neglect of Design-Builder, Owner may pay a portion of the retained amount to Design-Builder. lin Page 7 of 11 E15114 Ayers Street CNG Station rr kit 7.3 Record Keeping and Financial Controls. Design-Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and as may be provided in the Contract Documents. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner's accountants and other designees shall be afforded reasonable access to audit in accordance with General Conditions of the Contract. ARTICLE 8 — TERMINATION FOR CONVENIENCE 8.1 Upon ten (10) days' written notice to Design-Builder, Owner may, for its convenience fre and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design- Builder for the following: 8.1.1 All Work executed and for proven loss, cost or expense in connection with the Work; 8.1.2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; 8.1.3 The Design-Builder's Fee only on the sum of items .1 and .2 above. No overhead, profit, or Design-Builder's Fee will be paid on unperformed work. 8.2 If Owner terminates this Agreement pursuant to Section 8.1 above and proceeds to design and construct the Project through its employees, agents or third parties, Owner's rights to use the Work Product shall be as set forth in Article 4. is 8.3 Termination by Owner. Article 16 of the General Conditions includes additional provisions for Termination by Owner, which are incorporated herein by reference. it ARTICLE 9 — REPRESENTATIVES OF THE DESIGN-BUILDER iwo 9.1 Design-Builder designates the individual listed below as its Senior Representative ("Design-Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under the General Conditions of Contract: Identify individual's name, title, address and telephone numbers. Patrick Zeiter, CEO 1717 McKinney Avenue, Suite 700 Dallas, Texas 75202 patrick@zeitenergy.com ,T, 214-244-1926 is 9.2 Design-Builder designates the individual listed below as its Design-Builder's Representative, which individual has the authority and responsibility set forth in the General Conditions of Contract: Identify individual's name, title, address and telephone numbers. trr Page 8 of 11 E15114 Ayers Street CNG Station r r hi ARTICLE 10 — BONDS AND INSURANCE 10.1 Insurance. Design-Builder shall procure the following insurance coverages: r The specific insurance coverage requirements applicable to this Project are set forth in Exhibit C of RFQ 2015-01. r 10.2 Bonds and Other Performance Security. Design-Builder shall provide the following performance bond and labor and material payment bond or other performance security: r The specific bond coverage requirements applicable to this Project as set forth in the General Conditions and the Supplemental General Conditions. Design-Builder must provide the bonds at the time of contract execution. Additional requirements regarding such bonds not in conflict herewith are as set forth in the General Conditions and the Supplemental General Conditions. Design-Builder shall keep the Surety informed of the progress of the Work, and, where necessary, obtain the Surety's consent to and waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other material change two required by the Surety. Owner may, in its sole discretion, inform the Surety of the progress of the Work and obtain consents as necessary to protect Owner's rights, interest, privileges, and benefits under and pursuant to any bond issued in connection with the Work fge ARTICLE 11 — OTHER PROVISIONS 11.1 In providing services hereunder, Design-Builder shall comply with the applicable ,go provisions of Chapter 1001 of the Texas Occupations Code: the Texas Engineering Practices Act, and Article 249a of Vernon's Texas Civil Statutes with respect to the practice of Prs architecture, and the purchasing requirements of Section 361.426 of the Texas Health and Safety Code. 11.2 Nothing in this Agreement is intended to or shall be construed to create any independent legal or contractual relationship between Owner and Design-Builder's Design Consultant. 11.3 At Owner's sole option, any items of personal property, which have been purchased in connection with the performance of the Work, which still have some use for their intended purpose and which are otherwise transferable, specifically including but not limited to any office equipment, computer hardware and computer software, shall be provided to Owner air upon final completion of the Work or, as applicable, completion of the Warranty Period. Yr Page 9 of 11 E15114 Ayers Street CNG Station 11.4 The Design-Builder covenants with Owner to furnish its best skill and judgment in the g J 9 management of the Project, to furnish efficient business administration and superintendence, to use its best efforts to furnish at all times an adequate supply of skilled workers and material and to perform the Work in the best way and in the most expeditious and economical manner consistent with the intent of the Project, provided that Design-Builder shall at all times exercise complete control over the means, methods and techniques of construction. In executing this Agreement, Owner and Design-Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein r Signatures on next page I gror I I r �rr Page 10 of 11 E15114 Ayers Street CNG Station ■r ATTEST CI ' 0 •RP i S C ' �TI `fik.a_ Rebecca Huerta Je ry dmonds City Secretary ptt Director of Capital Programs (Engineering) APPROVED AS TO LEGAL FORM: 006 SY CVt}$l:9L 1111 / �-di . i .41 .E J. et L. Kellogg i SECRETA +/,/ 00 Assistant City Attorney , ATTEST(IF CORPORATION) DESIGN-BUILDER (Seal Below) By: �nT C l- Qa�cha�P Note: Attach copy of authorization to sign if Title: Mayo.() , MCv.n\Des- I Coo person signing for DESIGN-BUILDER is not President, Vice President, Chief Executive Officer, ](l Mc\Y,noey aye Skt 100 or Chief Financial Officer Address po,\ttiS 7.x 7`50 City State Zip Phone Fax \DI `-)e Ze Akeitye-r c� EMail END OF SECTION Page 11 of 11 E15114 Ayers Street CNG Station a1 as Exhibit"B-1" REQUEST FOR QUALIFICATIONS(RFQ)NO.2015-01 as DESIGN—BUILD SERVICES FOR THE AYERS STREET CNG STATION CITY OF CORPUS CHRISTI.TX DISCLOSURE OF INTEREST 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 ke answered. If the question is not applicable, answer with 'NA". See reverse side for Filing Requirements, and definitions. COMPANY NAME: 7e, lEv e.,j y, LLL-- P. L-P.0.BOX: STREET ADDRESS. ,-717 MLr'. ti Avg ;, 7 CITY ',.n TX Z/P 7'5202. as FIRM IS: 1. Corporation 0 2. Partnership 0 3. Sole Owner 0 4. Association 0 5. Other . ' diuv D If additional space is necessary, please 0use thQUESTIONS reversesiside of this page or attach 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. so Name Job Title and City Department(if known) none a 2. State the names of each"official'of the City of Corpus Christi having an'ownership interest' constituting 3%or more of the ownership M'the above named'firm." as Name Title ire as 3. State the names of each'board member'of the City of Corpus Christi having an'ownership interest'constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee �iC►te ra 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 4.1 hohG RFQ NO.2015-01 Page 16 of 28 rr N Is FIUNG REQUIREMENTS if a person who requests official action on a matter knows that the requested action will confer R an economic benefit on any City official or employee that is disbng from the effect that general action will have on members of the public in or a subsliutial segment thereof,you re shall disclose that fact In a signed writing to the City official,em or body that has been requested to act In the matter unless the interest of the Cityor employee in the matter is arent. The disclosure shah also be made in a signed writing filed with the City Secretary. [Mics Ordinance Section 2-349(d)] er CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that 1 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. frr Certifying Person: eh Title: �I ri4 k r Gg0 , aur (Type or Print) „y Signature of Certifying Date: 2 wr. Person: 7, re DEFINITIONS a. 'Board Member". A member of any board, commission, or committee that has been rr appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic Benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in el general or a substantial segment thereof. c. '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. d. "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 entitles which for purposes of taxation are treated as non-profit organizations. a. e. "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. a f. "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.' g. "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. RFQ NO.2015-01 Page 17 of 28 rr a Premium based on final contract price and is subject to adjustment BONDS EXECUTED IN FOUR COUNTERPARTS Premium: $26,959.00 00 61 13 PERFORMANCE BOND BOND NO. CA 4011619 Contractor as Principal Surety Name: Zeit Energy, LLC Name: Great American Insurance Company as Mailing address(principal place of business): Mailing address(principal place of business): 1717 McKinney Ave.,Suite 700 1255 Treat Blvd. STE 810 Dallas,TX 75202 Walnut Creek, CA 94596 Physical address(principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing trf 1201 Leopard Street under the laws of the state of: Ohio Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): Design Build Contract—Protect No. E15114 Ayers 925-988-2245 Street CNG Station Telephone (for notice of claim): 513-369-5000 Local Agent for Surety Name: Wells Fargo Insurance Services USA, Inc. Award Date of the Contract: June 16,2015 Address: 1039A N. McDowell Blvd. Contract Price: $1,597,271.39 Petaluma, CA 94954 Bond Telephone: 707-773-1895 E-Mail Address: nancy.wallisAwellsfargo.com PRI Date of Bond: July 7, 2015 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number:1-800-252-3439 be deemed an original. I Performance Bond 00 61 13-1 E15114 Ayers Street CNG Station REV 07-03-2014 Exhibit E Page 1 of 2 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Princip ZeitEnergy, LLC. Surety Gre$American Insurance Co n to- Signature: Signature: `t' I ,f i Name: C n+ P c IMp Name: Nancy L. is Title: MK ; M - /Coo Title: Attorney-in-Fact 1110 Email Address: p,�`S�-ZCt`tQ,r‘e 4-4•4 , (bot- Email Address: wwilson@GAIC.com (Attach Power of Attorney and place surety seal below) lie mom END OF SECTION a 104, a a I a Performance Bond 00 61 13-2 E15114 Ayers Street CNG Station Exhibit E Y REV 07-03-2014 Page 2 of 2 L L CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 §rS ,;t^sk c,.F rt.F:t •,-,,,.,-,,,-.4- ,..,-.' r , -r: . Y c Pc(c c c c.r-:fic .s- `.saY`c F i4,c.r4-Ec(FMs£ ltc r4,s:t f c s25 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Sonoma ) r on .Till y 7, 9015 before me, Stacy M. Clinton, Notary Public , liki Date Here Insert Name and Title of the Officer r personally appeared Nancy L.Wallis Name(s) of Signer(s) iii! who proved to me on the basis of satisfactory evidence to be the person, whose name is/art subscribed to the within instrument and acknowledged to me that/she/tey executed the same 19 l l's/her/th authorized capacity(ieS�, and that by 9iher/t r signaturesz on tfie instrument the person(4, or the a trf ity upon behalf of whicthe person(,a'acted, executed the instrument. lir I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. STACY M. CLINTON WITNESS 0and off ial seal. �. Commission # 1955319 / r,`� ,� .1 • p , Notary Public -California z r' / / Po z " ;' Sonorna County D Signature _ i - t.. My Comm. Expires Nov 3, 2015 .ignatur of Notary Public iii Place Notary Seal Above iii OPTIONAL Though this section is optional, completing this information can deter alteration of the document or Pro fraudulent reattachment of this form to an unintended document. i Description of Attached Document Title or Type of Document: Document Date: " Number of Pages: Signer(s) Other Than Named Above: illi Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: r ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): 1 ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual N Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator lie El Other: ❑ Other: Signer Is Representing: Signer Is Representing: .F i`E,--i. v" "t%4"vS c-EA,._J+ +-_ _ - ':er''a.-a..-e•-y.a--4'.7e..t'''A'.e'-s.-..'-e.. ?Q ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 r GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SEVEN No.0 14947 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power K.DIXON WRIGHT MICHAEL LANDUCCI ALL OF ALL STACY M.CLINTON KANDACE L.REEVES PETALUMA, $100,000,000.00 CATHERINE A.PINNEY NATALIE ANN HORDER CALIFORNIA NANCY L.WALLIS I This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 4TH day of MARCH 2015 . Attest GREAT AMERICAN INSURANCE COMPANY e 3 zikae A4/44;1 Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(877-377-2405) On this 4TH day of MARCH , 2015 , before me personally appeared DAVID C. KITCHIN,to me 1111 known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. JENNIFER MARIE RIPPY (..?4.44.1 506,143.(v NOTARY PUBLIC,STATE OF OHIO 1y Commission Expires 6120-i, This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or any one of them,be and hereby is authorised,from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking,contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. Frr CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this 7th day of July , 2015 e 3 Assistant Secretary r S1029AE(01/15) BONDS EXECUTED IN FOUR COURNTERPARTS Premium: Included in performance bond 00 61 16PAYMENT BOND BOND NO. CA 4011619 Contractor as Principal Surety Name: Zeit Energy, LLC Name: Great American Insurance Company Mailing address(principal place of business): Mailing address (principal place of business): 1717 McKinney Ave.,Suite 700 1255 Treat Blvd. STE 810 Dallas,TX 75202 Walnut Creek, CA 94596 Physical address(principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Ohio Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Design Build Contract- Project No. E15114 Ayers Telephone(main number): Street CNG Station 925-988-2245 Telephone (for notice of claim): 513-369-5000 Local Agent for Surety Name: Wells Fargo Insurance Services USA, Inc. Award Date of the Contract: June 16,2015 Address: 1039A N. McDowell Blvd. Contract Price: $1,597,271.39 Petaluma, CA 94954 Bond Telephone: 707-773-1895 E-Mail Address: nancy.wallisAwellsfargo.com it 7, 2015 Date of Bond: July (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained 111 Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies,each one of which shall following toll-free number:1-800-252-3439 111 be deemed an original. Exhibit D Paee 1 of 2 Payment Bond Form 00 61 16-1 E15114 Ayers Street CNG Station REV.07-03-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Princi•al ZeitEnergy, LLC Surety G at American Insurance any Signature: /� Signature: ,' Name: C 4+ Deems a • Name: Nancy L t:llis Title: �� , Ak,t„tber ICOO Title: Attorney-in-Fact Email Address: fjp',As }c nce5,1 � �,. Email Address: wwilson( GAIC.com I (Attach Power of Attorney and place surety seal below) END OF SECTION I I r I I Exhibit D Page 2 of 2 Payment Bond Form 00 61 16-2 E15114 Ayers Street CNG Station REV.07-03-2014 c • L I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 S•t•x-- . > . , • ✓� . > > .•,ter. c>,c c..- C c ec.cE E 4c f PSYtc Ezc cam( ers�--..---<.- 4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document. is State of California ) County of Sonoma } On July 7, 2015 before me, Stacy M. Clinton, Notary Public Date Here Insert Name and Title of the Officer personally appeared Nancy L. Wallis Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person} whose name{ f is/ark s4scribed to the within instrument and acknowledged to me that /she/thiey executed the same/In t) i/her/tj4ir authorized capacity(i ,and that b its/her/tir signature�on the instrument the person( or the entity upon behalf of which the person ) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph F is true and correct. STACY M. CLINTON , ado icial s al. ,,,.?`"i\ Commission # 1955319 WITNESS .. / z''ti_ Notary Public -California z I z ' 3 Sonoma Couflty D tMy Comm. Expires Nov 3, 2015 Signature ,I iii �� ignatur$ of Notary Public 1 RI Place Notary Seal Above If OPTIONAL Though this section is optional, completing this information can deter alteration of the document or I fraudulent reattachment of this form to an unintended document. Iii Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: ill Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual 29 Attorney in Fact ❑ Individual ❑Attorney in Fact [ 0 Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: :.(i w't1.s• ✓'N'6''Y('_'A, 6,/'d "' i!:‹iit7Z%S'' ' .N.y._ ..m.se.a,-me-e,(syy,._y.d,..a,.. .N • se ,se'N.— ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 r IN , , L GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SEVEN No.0 14947 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than r one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, E' undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, IIundertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power K.DIXON WRIGHT MICHAEL LANDUCCI ALL OF ALL STACY M.CLINTON KANDACE L.REEVES PETALUMA, $100,000,000.00 CATHERINE A.PINNEY NATALIE ANN HORDER CALIFORNIA NANCY L.WALLIS IIIII This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate '" officers and its corporate seal hereunto affixed this 4TH day of MARCH 2015 . li Attest GREAT AMERICAN INSURANCE COMPANY i.s r , 4 �. 3 •,i x4,4 iilr Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(877-377-2405) On this 4TH day of MARCH , 2015 , before me personally appeared DAVID C. KITCHIN, to me k known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his wo name thereto by like authority. NI JENNIFER MARIE RIPP ,.... ./..A.47i yocid.pwv Y I NOTARY PUBLIC,STATE OF OHIO lay Commission Expires 640-1, This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company ill by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or any one of them,be and hereby is authorL-ed,from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, iill as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. Ro RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking, contract of suretyship, iii or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. r Ir CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and r the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. hi Signed and sealed this 7th day of July , 2015 L 4....6*,41 4(... e 3 4,..,4 Assistant Secretary E. 51029AE(01/15) L ,.„.......1 ACORO® DATE(NINVDDIYYYY) 1/44....."'"-- CERTIFICATE OF LIABILITY INSURANCE 07/17/2015 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 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 NnaE CT Cynthia Goode GOODE INSURANCE AGENCY PHONE 972-524-7722 FAX 972-563-7723 (A/C.No.Ext): (NC,No): 1313 STATE HWY 205 EDSs: cynthia@goodeinsuranceagency.com ROCKWALL,TX 75032 INSURER(S)AFFORDING COVERAGE • NAIC# . INSURER A: Colony Insurance 36927 INSURED / INSURER B: Farmers Texas County Mutual Insurance Company 24392 1111 ZEITENERGY LLC INSURER C: Texas Mutual 22945 1717 MCKINNEY AVE SUITE 700 INSURER D: DALLAS,TX 75202 INSURER E T IIS • INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: pt 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 ill 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. LB SR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP re / INSD WV() POLICY NUMBER (MMIDD/YYYY) (MD/ M/DYYYY) LIMITS X COMMERCIAL GENERAL UABILITY EACH OCCURRENCE $ 3,000,000 • CLAIMS-MADE X OCCUR50,000 PREMISES(Ea occurrence) $ X POLLUTION LIABILITY MED EXP(My one person) $ 5,000 A Y Y EPK302395 07/01/2015 07/01/2016 PERSONAL&ADV INJURY $ 3,000,000 ii � 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 T X POLICY LOC / PRODUCTS-COMP/OP AGG_ $ 3,000,000 IM OTHER: $ AUTOMOBILE LIABLITY / COMBINED SINGLE LIMIT $ 1,000,000 Illi (Ea accident) ANY AUTO BODILY INJURY(Per person) $ B ALL OWVED SCHEDULED / X AUTOS X Amos Y Y 604744791 06/10/2015 06/10/2016 BODILY INJURY(Per accident) $ IZTO WNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS / (Per accident) $ / $ UMBRELLA LIAB OCCUR I EACH OCCURRENCE $ 2,000,000 log A X EXCESS UAB CLAIMS-MADE Y Y EPK302395 07/01/2015 07/01/2016 AGGREGATE $ 2,000,000 Iii DED RETENTION V. $ WORKERS COMPENSATION / PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER ANY PROPRIErOR/PARTNERIEXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 mof C OFFICERIMEMBEREXCLUDED? N N/A Y SBP0001257567 10/01/2014 10/01/2015 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 II If yes,desaIbe under 1,000.000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMB $ PROFESSIONAL LIABILITY $3,000,000 A Y Y EPK302395 07/01/2015 07/01/2016 M DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Consulting,maintenance and building of natural gas stations. a Project#E15114:Ayers Street CNG Station / • Listing the City of Corpus Christi as additional insured IIII CERTIFICATE HOLDER CANCELLATION iro SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE NII THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi-Engineering ACCORDANCE WITH THE POLICY PROVISIONS. it ATTN:Construction Contract Admin. PO Box 9277 AUTH• ',REPRESENTATIVE orpus Christi,TX 78469-9277 i,!7IP, �• /i�! l C 1 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 0 • ;+ 4, p '�` Goode Insurance Agency INSURANCE AGENCY 1313 S State Hwy 205 �►d RS Rockwall, TX 75032 AN AGENT OF FARM R E S INSURANCE GROUP 972-524-7722 972-563-7723 fax cynthia@goodeinsuranceagency.co n July 21st, 2015 kf OA City of Corpus Christi-Engineering ATTN: Construction Contract Admin PO Box 9277 Corpus Christi,TX 78469-9277 To Whom this May Concern: General Liability Policy-Colony Insurance NAIC 36927 Policy# EPK302395 Auto Liability Policy- Farmers Texas County Mutual Insurance Company NAIC 24392 Policy# 604744791 In the event of cancellation or non-renewal of the insurance,we agree to mail 30 days prior written notice of cancellation to the person(s) or organization(s) referenced below. rim City of Corpus Christi-Engineering - ATTN: Construction Contract Admin PO Box 9277 Corpus Christi,TX 78469-9277 Sincerely, Cynthia Goode Agent S Farmers Insurance Exchange Truck Insurance Exchange Fire Insurance Exchange Mid Century Insurance Company Farmers New World Life Insurance Company tr EPK302395 lis THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ./ ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - ONGOING OPERATIONS This endorsement modifies insurance provided under the following: la COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization's): Locations)Of Covered Operations: Where Requfted By Written Contract Where Required By Written Contract N g Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section III--Who Is An Insured Within the Common Policy Provisions Is amended to include as an tri additional insured the persons)or organization(s)shown in the Schedule,but only with respect to ti- ability for"boday injury","property damage"or"personal and advertising injury"caused,in whole or in part,by: 1. Your acts or omissions;or •• it 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s) desig- nated above. rr B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1. Alt work,including materials, parts or equipment furnished In connection with such work,on the project(other than service,maintenance or repairs)to be performed by or onbehalf of the addi- tional insured(s)at the location of the covered operations has been completed;or ft 2. That portion of"your work'out of which the injury or damage.arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in per- forming operations for a principal as a part of the same project. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Includes copyrighted material of ISO Properties,Inc., Page 1 of 1 with its permission. • • rr EPK302395 • THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS lm This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL UABIUTY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART • SCHEDULE Name Of Additional Insured Person(s)or Organization(s): Where Required By Written Contract Is SECTION III—WHO IS AN INSURED within the Common Policy Provisions b amended to include as an additional insured the person(s) or organizatfon(s) indicated in the SCHEDULE above, but only with respect to liability for bodily injury"or"property damage"caused,in whole or in pail,by"your work"at the location designated In the SCHEDULE above performed for that additional insured and included in the"products-completed operations hazard". ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. r w11111 ,44 ■r Page l of l rfr • me lie 1111 /EPK302395 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART it CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)or Organizatlon(s): Where Required By Written Contract ea • N • SECTION Ui.-WHO IS AN INSURED within the Common Policy Provisions is amended to include as an additional insured the person(s)or organization(s) indicated in the Schedule shown above,but solely as respects claims caused in whole or in part,by'your work"for that insured by you,or by those acting on its your behalf. This insurance shall be primary and noncontributory, but only in the event of a named Insured's sole Fhe negligence. • ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. N N N N N i Page iof1 ■ ar lar EPK302395 0 rr THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. / AMENDED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL.GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART CLEANUP COSTS-YOUR LOCATION COVERAGE PART SCHEDULE Name.Of Person.Kor Organization(sK Where Required By Written Contract • information required to complete this Schedule.if not shown above.will be shown in the Declarations. SECTION VI-COMMON CONDITIONS, 1T. Transfer Of Rights Of Recovery Against Others To Us Is •within the Common Policy Provisions is amended by the addition of the following: Solely as respects the person(a)or organization(s)Indicated in the Schedule shown above,we waive any right of recovery we may have against the person(s)or.organization(s)indicated in the Schedule shown above because of payments we make for"damages"arising out of your ongoing operations or "your work performed under a written contract with that person(s).or organization(s)and included in the`products-completed operations hazard". . However,this waiver shall not apply to"damages"resulting from the sole negligence of the person(s) lai or organizations)Indicated in.the Schedule shown above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. N N N Page 1 of 1 N EPK302395 a. To Join us as a party or otherwise bring us into a suit against any insured;or b. To sue us,In connection with this insurance.unless all of this Policy's terms have been fully compiled with. 1 However,a person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured;but we will not be liable for any loss that is not payable under the terms of this Policy or that is in excess of the applicable L im t of Liability. An agreed settlement means a settlement and release of liability signed by us, the Insured and the claimant or the claimant's legal representative. 2: Appeals At our discretion,we may appeal any judgment that would result in a payment under this Policy. When we appeal,we will pay all costs associated with the appeal in addition to • ±r# the limits of liability. Any such appeal will not Increase our limits of liability, kis 3. Bankruptcy Bankruptcy or insolvency of an insured or an Insured's estate shall not relieve us of our obligations under this Policy, However,any such insolvency or bankruptcy of an insured or an insured's estate shall not increase our obligations including,but not limited l to,those with respect to any Deductible. 4. Cancellation The first named insured may cancel this Policy by delivery thereof to us or our authorized agent,or try mailing to us written notice stating when thereafter the cancellation shall be effective, We may cancel this Policy by mailing to the first named Insured at the address shown in Item 1 of the Declarations,a notice stating when such gwo cancellation shall be effective. We may cancel this Policy for the following reasons only: a. Non-payment of premium; b. Fraud or material misrepresentation;or c. A material change in the use of,or operations conducted at,any scheduled site that would materially increase the risk insured hereunder. The time of delivery or the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the first named insured or by us shall be equivalent to mailing. Proof of mailing such notice shall be sufficient proof of notice. We shall provide notice of cancellation not less than: ger P/}( uid . (1) ten(10)days prior to the effective date of cancellation for non-payment of premium;or • (2) sixty(60)days prior to the effective date of cancellation for fraud,material . misrepresentation or a material change in the use of, or operations • conducted at,any scheduled site that would materially increase the risk Insured hereunder. Page i 43 N flit POLICY NUMBER: 60474-47-91 , COMMERCIAL AUTO CA 04 03 06 04' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: / BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM ma With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. it This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Countersigned By: 07/16/15 Named Insured: ZEIT ENERGY, LLC (Authorized Representative)` lei • SCHEDULE Name and Address of Additional insured: Ia CITY OF CORPUS CHRISTI PO BOX 9277 CORPUS CHRISTI, TX 784699277 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 0.4 A. Who Is An Insured (Section II) is amended to C. You are authorized to act for the additional in- include as an "insured" the person(s) or organiza- sured named in the Schedule or Declarations in all• mm tion(s) shown in the Schedule, but only with re- • matters pertaining to this insurance. spect to their legal liability for acts or omissions of D. We will mail the additional insured named in the a person for whom Liability Coverage is afforded Schedule or Declarations notice of any cancella- • under this logy tion of this policy. If we cancel, we will give 10 B. The additional insured named in the Schedule or days notice to the additional insured. Declarations is not required to pay for any premi- E. The additional insured named in the Schedule or urns stated in the policy or earned from the policy. Declarations will retain any right of recovery as a Any return premium and any dividend, if applica- claimant under this policy. ble, declared by us shall be paid to you. • •ea CA 04 03 06 04 © ISO Properties, Inc., 2003 Page 1 of 1 irr POLICY NUMBER: 60474-4741 TIS ENDORSEMENT CHANGES THE POLICY.PLEASE REAL)IT CAREFULLY. FARMERS 4153 = Ise Eamon CHANGES IN TRANSFER OF /RIGHTS OF WORT AGAINST OTHERS TO US (WAIVER OF SUBROGATION) • This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM 0 TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage'Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned.By: 07118/2015 is Named Insured (r),rtii ZEIT ENERGY,i.LC !uthodzed Representative) SCHEDULE as • Name Of Person(s)Or Organization(s): • CITY OF CORPUS CHRISTI Additional Premium $ (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) I The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or otganization(s)shown in the Schedule.We will retain the additional premium shown above,regardless of any ply termination of this endorsement or the policy. Thisendorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all dee terms of the policy. • 41x133 Tsang 1.14 E31S3101 irq 1 d I SSW • . .‘ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION BY US - CERTIFICATE HOLDER(S) t ) This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy p tt-4 EPK3o, 39s"0 SCHEDULE Certificate Holder(s): CITY OF CORPUS CHRISTI-ENGINEERING ATTN:CONSTRUCTION CONTRACT ADMIN PO BOX 9277 CORPUS CHRISTI,TX 78469-9277 N N Section XXIII. CONDITIONS, 4.Cancellation is amended by the addition of the following: If we cancel this Policy before the expiration date thereof,we will mail 30 days written notice(10 days for oo non-payment of premium)to the Certificate Holder(s) indicated in the SCHEDULE above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. soN N w N N EPACE106-0714 Page 1 of 1 er L exaSMt . ,r WORKERSLIABILI'COMPENSATIONINSURANCE ANDPOEMPLOYERSLICY TY Insurance Company WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies onlyto the insuranceprovided bythe policybecause Texas is shown in Item 3.A. of the pP� Information Page. r In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF CORPUS CHRISTI- ENGINEERING PO BOX 9277 CONSTRUCTION CONTRACT ADMIN. CORPUS CHRISTI , TX 78469-9277 0 • 0 rlr 111 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on July 21 , 2015 at 12:01 A.M.standard time,forms a part of IIS Policy No. SBP-0001257567 20140904 of the Texas Mutual Insurance Company • • Issued to ZE I T ENERGY LLC Endorsement No. 3 ** Premium$ 0.00 4 . ** Authorized Representative ** WC420601(ED.1-94) INSURED'S COPY WASENDRS 7-21-2015 10 WORKERS'CMeXaSMUtUar LIABILITYOCOMPENSATION INSURANCEAND POLICYEMPLOYERS mc InsuranceCompany WC420304A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided bythe policybecause Information Page. Texas is shown in Item 3.A. of the We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 1-4 2. Operations: ■I 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 1111 4.Advance Premium SEE ENDORSEMENT WC 99 03 01 , GENERAL CHANGE FORM. This endorsement changes the policy to which it is attached effective on the inception date of the poky unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) ■ This endorsement,effective on July 17, 20 15 at 12:01 A.M.standard time,forms a part of Policy No. SBP-0001257567 20140904 of the Texas Mutual Insurance Company Issuedto ZEIT ENERGY LLC / J Endorsement No. 1 Premium$ 3,00 7144. Q&Z544 ** ** Authorized Representative *" WC420304A(ED.1-01-2000) NM INSURER'S COPY WASENDRS 7-17-2015 irr ADDENDUM NUMBER 1 re RFQ 2015-01 City of Corpus Christi Design—Build Project: Services for the Ayers Street CNG Station RFQ Number 2015-01 Owner: City of Corpus Christi City Engineer: Jerry Shoemaker, P.E. lim Designer: N/A Addendum No. 01 Specification Section: Issue Date: Feb 2,2015 Acknowledge receipt of this Addendum in the RFQ Checklist Exhibit"B". Failure to acknowledge receipt of this addendum may render the Submittal Package as non-responsive and serve as the basis for rejecting the Statement of Qualifications. Make the additions,modifications or deletions to the Contract Documents described in this Addendum. Approved By(ierriShoemaker, P. E. Ii- Z-I"� 8 zoo- Name o o Name Date Addendum Items: Summary of Pre-Submittal Meeting Pre-Submittal Sign-In Sheet Pre-Submittal Meeting PowerPoint Presentation Add paragraph to Section II. PROJECT SCOPE/SECHEDULE AND PROJECT BUDGET in 10* it END OF ADDENDUM NO. 1 r r II■ 6 Addendum No.01 RFQ 2015-01 111 REQUEST FOR QUALIFICATIONS (RFQ) NO. 2015-01 CITY OF CORPUS CHRISTI DESIGN-BUILD SERVICES FOR THE AYERS STREET CNG STATION SUMMARY of PRE-SUBMITTAL MEETING Friday, January 23, 2015, 10:00 AM City Hall Council Chambers it 1. Welcome and Introductions I. 2. Overview of RFQ Process/Power Point Presentation 3. General Discussions, Clarifications and Questions included the following: Question (1): Is the City accepting technical questions? it Response (1): Yes, questions are accepted through the City's Supplier Portal. Question (2): What is the purpose of the station? Response (2): The purpose of the station is to provide CNG for public and private use. a a a a a is rr AFS r r REQUEST FOR QUALIFICATIONS(RFQ)NO.2015-01 CITY OF COPRUS CHRSITI DESIGN-BUILD SERVICES FOR THE AYERS STREET CNG STATION PRE-SUBMITTAL MEETING SIGN-IN SHEET January 23,2014, 10:00 AM Hall Council Chambers BUSINESS NAME REPRESENTATIVE EMAIL I PHONE NUMBER •6114-1-8 °' rlr c ``' bo ?c- c«..l 31 2- 4.5 C- 1/0//3 I (� N O?c tcQ- Zell e(ktr5 (ca lfhrh-e Ternicifej, LTDpeoifa �►�1Rle7 (p7)512- i 355 4 )990,,ic%2 a 547//c+•C-O,f 5 Haw -- -- 6061. CV(' 3l5-J1-(J-7' 6 C, � - .oc . 1,- F(,,c, K VIGINEERINGIRFO NO 20 S-OI AVERS STREET CNG STATIONARFO 000UMENTS\SIGN-IN SHEET FOR PRESUBIAITTK MEETING DOC rW its Ilr tea. REQUEST FOR QUALIFICATIONS(RFQ)NO.2015-01 CITY OF COPRUS CHRSITI irr DESIGN-BUILD SERVICES FOR THE AYERS STREET CNG STATION PRE-SUBMITTAL MEETING SIGN-IN SHEET January 23,2014,10:00 AM City Hall Council Chambers BUSINESS NAME REPRESENTATIVE PHONE NUMBER 19 (CAAgte-,14 .4- ,,o_ 461 - 3 gga 14Usti 4cAZ PumA, (Kr,aee-rr�4� G'�u� ' 4,t 2,10 3( (i G Ss 20 c'‘ V 1 `Z. 6^4 v d 21 -134rP A4/,vC Ny jrt/Ati JHe a 3G 97z - 70041 22 Jel'aL' L -14.to_41 3 6/. aft• /0 (' lac;ssc Ja hrx.Sor1 Q Z-C- 3e 43z3 3C C'5 a 24 w alliosamonrcNO.2mSm AwnsMST aanA* DOCUMIPMAIMMIN MEETF RPREAM TMMuI1P .0OC a a 0 ik Corpus Chr sti Capital Programs REQUEST FOR QUALIFICATIONS NO. 2015-01 FOR DESIGN—BUILD SERVICES FOR THE AYERS STREET CNG STATION CITY OF CORPUS CHRISTI, TX .. Go_„,us Pre-Submittal Meeting - y January 23, 2015 7852 Overview v .:7,141%"m rCorpus Chrsti * Wiz Capital Programs PRESENTATION OVERVIEW 1 . Project Scope and Budget/Administratively Complete 2. RFQ Requirements and Evaluation Steps 3. Anti-Lobbying Provisions 4. Clarifications 5. Key Dates 2 G0�O�pUS Cy� a ' Scope and Budget y Corpus Chr sti \ Capital Programs Project Scope Project Budget The City of Corpus Christi (City) is soliciting the Total Funds qualifications of design-build teams consisting of $1 ,500,000 design consultants and contractors, both licensed and insured in the State of Texas, that have Includes all completed at least 5 projects of similar scope and design-build budget over the last 5 years including the design, costs, permitting, construction, commissioning and contingencies, maintenance of a CNG refueling station. inspection services, The project is located at the southeast corner of contract admin., Ayers Street and Civitan Drive in the City of Corpus finance fees and Christi as a part of the existing City-owned CNG miscellaneous refueling station as such there will be no on-site costs. public interaction. 0eUSCir+J` Administratively Complete Corpus Chrsti fes"z • Capital Programs The following will be cause to disqualify the submittal administratively: • SOQ is not signed by an individual empowered to bind the Respondent; • Respondent fails to complete and sign Exhibit "B" RFQ Checklist; • Respondent fails to comply with Exhibit "C" Mandatory Requirements; • Respondent fails to comply with Exhibit "D" Anti-Lobbying Provisions; • Respondent fails to submit to City Secretary's Office the completed SOQ by the specified time; • Respondent fails to acknowledge receipt of Addenda; • SOQ received from a Respondent who is currently debarred or suspended by Federal, State or City governmental agencies; and • If short-listed, Respondent fails to attend assigned Step 3 (see below), PRESENTATION AND INTERVIEW, at the appointed time. 4 a ON% �pu5 Cti ie YRFQ Requirements ilE Corpus Chr sti 1110 Capital Programs Submit RFQ Package that includes the following: ✓ Respondent is responsible for the submittal being received and time stamped no matter what method of delivery is utilized. ✓ Statement of Qualifications (20 page max) - 2 hard copies & 2 CDs ✓ Letter of Interest (2 page max) ✓ Completed and Signed Exhibit "B" - RFQ Checklist RFQ Package must be received and time stamped in City Secretary's Office, 1St Floor City Hall by Wednesday, February 18, 2015, 2:00 p.m. 5 4°opus CNA.f m Evaluation Steps 4'x I, Corpus Chr'sti 1 Capital Programs STEP 1 : City will verify administratively complete Max 0 Points submittals and post to website STEP 2: City review and evaluation of SOQ Max 40 points D Qualifications (Max 10 points) CD. Recent Experience (Max 10 points) • Municipal Experience (Max 5 points • Historically Underutilized Business Participation (Max 5 points) D Project Approach/Management Plan (Max 10 points) • Other Required Documents (Max 0 points) STEP 3: Technical Proposal and Cost Proposal Max 30 points STEP 4: Presentation and Interview Max 30 points STEP 5: Selection of Design-Build Firm Max 100 points 6 GOAP)S Ctiotiqq� 4 1 m Anti-Lobbying Provisions 4E- v ti Corpus Chr sti a,2 Capital Programs Respondent's officers, employees, or agents, each and every one, shall comply with the Anti-Lobbying Provisions of this RFQ (See — Exhibit "D") and may not attempt to lobby or influence a vote or recommendation related to the Respondent's qualification statement submitted in response to this RFQ, directly or indirectly, through any contact with City Council Members or other City officials between the deadline for submission of its qualifications statement and the date Respondent receives notification from the City that it is or is not qualified. Such behavior will be cause for rejection of the Qualifying Respondent's qualifications statement at the discretion of the City Manager or designee. 7 mg eus Cy4, 4 �4.a . ®IPA lie Clarifications Corpus Chrs t'i * VC Capital Programs 1. Submittal of any fees or any pricing, before being requested by the City, is grounds for disqualifications. 2. Any engineering studies, construction documents, or specifications are to be signed/sealed by a Professional Engineer currently licensed in the State of Texas. 3. Respondents retain all rights to the work product submitted in the RFQ. The City shall return all proposals and other information submitted. 8 rr RF Schedule be k - 11111 �iloQ. a Corpus ro r sti '„ 2 + Capital Programs Monday 12-Jan-15 Upload RFQ solicitation to City's Supplier Portal online at www.cctexas.com website. Friday 23-Jan-15 Pre-Submittal Meeting with Respondents. Monday 2-Feb-15 Upload Summary of Pre-Submittal Meeting City's Supplier Portal online at www.cctexas.com website. Friday 6-Feb-15 Deadline for written RFQ questions to City's Supplier Portal online at www.cctexas.com website. Wednesday 18-Feb-15 Deadline for RFQ Submission to City Secretary's Office. Wednesday 25-Feb-15 City to post list of Respondents indicating verification of "administratively complete"submittals. Wednesday 4-Mar-15 Notification of short-listed Respondents and request for Technical Proposal and Cost Proposal. Wednesday 18-Mar-15 Submittal of separately-sealed Technical Proposal and Cost Proposal. Wednesday 25-Mar-15 Presentations& Interviews of short-listed Respondents. Wednesday 1-Apr-15 Respondent recommendation to City Manager. 9 i ppUS CN�. Gp ��. Oh Questions Corpus Chrsti • a, Capital Programs z dai Request for Qualifications is available on the City's Supplier Portal online at: www.cctexas.com Questions must be in writing and submitted through the City's Supplier Portal online at: www.cctexas.com Questions must be received by Wed., February 6, 2015, 5:00 p.m. 10 ( USC . On-Site Tour . I.: `'AyCorpus Chr sti 4—...— . Capital Programs 1852 ❑ Immediately following this Pre-Submittal Meeting is a tour of the proposed site for the CNG refueling station. 11 ADDENDUM NO. 1 REQUEST FOR QUALIFICATIONS (RFQ) NO. 2015-01 CITY OF CORPUS CHRISTI DESIGN-BUILD SERVICES FOR THE AYERS STREET CNG STATION Add the following paragraph to Section II. PROJECT SCOPE/SECHEDULE AND PROJECT BUDGET: Additive Alternate No. 1: The City desires to engage a service provider to operate, maintain and repair the a' CNG Facilities. These services may include and not be limited to providing routine maintenance, repair, and other services necessary for the Facility to operate to the manufacturer's original specifications and performance standards. ah A more specific list of duties shall be presented in the Request for Proposal for the short listed firms. The RFQ respondents shall include qualifications with the initial selection phase for providing similar services for other CNG facilities. Upon issuance of the Notice to Proceed (NTP), services shall be effective as of the first day of the month following NTP, for the initial term of one (1) calendar year, with the option to be renewed and extended for two (2) additional calendar years. Contractor shall be responsible for the selection, training, supervision, payroll, safety including equipment of all Contractor employees or contractors that perform Services pursuant to this Agreement. All personnel employed or controlled by Contractor shall be certified by Texas Rail Road Commission, _ appropriately trained and shall comply with all applicable safety rules and procedures for the maintenance of a CNG facility. L L TO: CONSULTANTS FROM: VALERIE H.GRAY, P.E., EXECUTIVE DIRECTOR,PUBLIC WORKS 14, DATE: JANUARY 12,2015 SUBJECT: NOTICE OF REQUEST FOR QUALIFICATIONS(RFQ)NO.2015-01 DESIGN-BUILD SERVICES FOR THE AYERS STREET CNG REFUELING STATION CITY OF CORPUS CHRISTI,TX. A Request for Qualifications package has been advertised for the City of Corpus Christi. There are no attachments included with this notice. However, this RFQ is available via the City's Supplier Portal online at www.cctexas.com under Current Information and includes the following information: Project Scope and Budget • Performance Requirements • RFQ Checklist • Mandatory Requirements • Disclosure of Interest • Conflict of Interest Questionnaire • Mandatory Requirements(Insurance) • Anti-Lobbying Provisions • Procurement Schedule The RFQ can be downloaded or viewed free of charge through the City's Supplier Portal at www.cctexas.com. It is the down loader's responsibility to determine that a complete set of documents are reviewed. This website will be updated periodically with Addenda, lists of interested parties, reports,or other information relevant to the RFQ. The following special instructions shall apply: • The City of Corpus Christi (City) is soliciting the qualifications of design-build teams consisting of licensed and insured design consultants and contractors that have completed projects of similar scope and budget for the design, permitting, construction and commissioning of a CNG refueling station. The project is located at the southeast corner of Ayers Street and Civitan Drive in the City of Corpus Christi. • A Pre-Submittal Meeting with interested Respondents to discuss response requirements shall be held on Friday,January 23,2014,City Hall Council Chambers,at 10:00 a.m. Information provided at this meeting shall be posted on the City's Supplier Portal at ww.cctexas.com website by February 2,2015. • Questions concerning this RFQ must be in writing and submitted through the City's Supplier Portal at www.cctexas.com website by February 6,2015 at 5:00 p.m. • Respondents must submit two (2) hard copies and two (2) compact discs (CDs) with each CD containing a single file in PDF format of the SOQ in the required format. SOQs must be physically received and time-stamped in the City Secretary's Office,1st Floor, City Hall, 1201 Leopard Street, Corpus Christi,Texas,78401, by Wednesday.February 18.2015.2:00 PM. No SOQ will be accepted after this date and time. roo • Independent Representative for Procurement for the Duration of Work for this RFQ is: Jerry Shoemaker,P.E. Acting Director of Capital Programs (361)826-3500 1201 Leopard Street 3'd Floor,City Hall Corpus Christi,Texas 78401 *** It at 1,04 I • au is 1111 REQUEST FOR QUALIFICATIONS (RFQ) NO. 2015-01 DESIGN— BUILD SERVICES FOR THE AYERS STREET CNG STATION r CITY OF CORPUS CHRISTI, TX 1. INTRODUCTION In accordance with the Government Code Chapter 2269 Contracting and Delivery Procedures for Construction Projects and more specifically Subchapter H Design-Build Procedures for Certain Civil Works Projects, the City of Corpus Christi (City) intends to is enter into a competitively-procured design-build services contract to provide a turnkey solution that includes engineering design, permitting, construction, testing and commissioning of a compressed natural gas (CNG) refueling station. The City is requesting a Statement of Qualifications (SOQ)from design-build teams (Respondents) whose team members include a licensed engineer and a licensed contractor both certified in the State of Texas to provide the design and construction services for the plan detailed in Exhibit A-Performance Requirements. ea To be considered for evaluation, the Respondent shall adhere to the City RFQ 2015-01 specific instructions provided herein. This RFQ will involve the selection process Is described below: • Submittal of a SOQ for review and evaluation; • For those short-listed Respondents only, submittal of a sealed technical proposal and a separately sealed cost proposal; • Participation in a formal presentation and a panel interview; • Evaluation and selection of Respondent; and • Negotiation with selected Respondent. A Pre-Submittal Meeting with interested Respondents to discuss the requirements of this RFQ will be held on Friday, January 23, 2015, City Hall Council Chambers, at 10:00 AM. Although not mandatory, persons who are interested and any Respondents are encouraged to attend this meeting. Information provided at this meeting will be posted in an addendum on the City's Supplier Portal online at www.cctexas.com by February 2, 2015. If requested,a site visit will follow immediately after the meeting. II. PROJECT SCOPE/SCHEDULE AND PROJECT BUDGET The City of Corpus Christi (City) is soliciting the qualifications of design-build teams consisting of licensed and insured design consultants and contractors that have completed projects of similar scope and budget for the design, permitting, construction and commissioning of a CNG refueling station. The project is located at the southeast corner of Ayers Street and Civitan Drive in the City of Corpus Christi as a part of the existing City-owned CNG refueling station as such there will be no on-site public interaction. N RFQ NO. 2015-01 Pa!e 1 of 28 lin IWr 1111 rt The purpose of this RFQ is to select the most qualified design-build team to prepare construction documents and project specifications; and to have full responsibility for the construction, testing and commissioning of the proposed CNG refueling station. The P- design-build team will be responsible for all necessary governmental permits, complying with all applicable State, Federal, and environmental laws, and all applicable industry standards, including acceptance by the Texas Department of Licensing and Regulation (TDLR). The design-build team will also be responsible for the pre-design surveying and geotechnical testing of any and all topographic data/systems/sub-systems/utilities and other appurtenances required for the successful design and completion of the work. The intent of the City is to be under contract by May 2015 and construction to be complete such that the re-fueling station is fully-operational by as soon as possible. Please refer to Exhibit E—Procurement Schedule attached to this document. The project budget, as approved by the Capital Improvement Program (CIP) for Fiscal Year 2015 for all design-build costs, contingencies, construction inspection services, contract administration, and miscellaneous costs is as follows: a" CIP Budget for Design-Build Costs $1,304,348 City-Provided Construction Inspection. Contract Administration Costs $ 195,652 Total Funds Available $1,500,000 Note: The Coastal Bend region comes into contact with some of the most damaging corrosion environment in the United States. "Atmospheric Corrosion" should be err recognized as challenging and should be considered throughout the design approach. Ill. REQUEST FOR QUALIFICATIONS Please submit a SOQ as follows: A. Respondents must submit two (2) hard copies and two (2) compact discs (CDs) with 11'" each CD containing a single file in PDF format of the SOQ in the required format. SOQs must be physically received and time stamped in the City Secretary's Office, 1st Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas, 78401, by Wednesday. February 18. 2015.2:00 PM. No SOQ will be accepted after this date and time. No matter which method of delivery a Respondent chooses to submit their SOQ (United States Postal Service, courier, hand delivery, or other), it is the Respondent's responsibility to ensure that the SOQ is actually received and time- es stamped in the City Secretary's Office, 1st Floor, City Hall by the deadline specified above. B. Respondents shall submit SOQ package in a sealed envelope/box marked: "RFQ No. 2015-01. DESIGN — BUILD SERVICES FOR THE AYERS STREET CNG STATION, City of Corpus Christi. TX". All submittals will become the City's property and will not be returned. 114 C. The City reserves the right to: IRFQ NO. 2015-01 Page 2 of 28 1. Waive any defect, irregularity, or informality in the RFQ procedures; 2. Waive any defect, irregularity, or informality in any response to the RFQ; 2. Reject any or all submittals; 3. Cancel any portion or the entire RFQ at any time; 4. Re-issue the RFQ; 5. Extend the submission deadline; or 6. Take any other action reasonably necessary to: (a) administer this RFQ in a fair and impartial manner; (b) effectuate City policy; (c) comply with any law, rule, or regulation; (d) ensure the City a full and open opportunity to review, consider, and select the most highly qualified Respondent for the services for which the City seeks to contract. D. Questions concerning this RFQ must be in writing submitted through the City's Supplier Portal online at www.cctexas.com website. Questions must be received no later than Friday, February 6, 2015 at 5:00 PM. Responses to all questions will be posted on the same website for all Respondents to review by February 13, 2015. E. Notwithstanding this deadline, questions submitted will be allowed sufficient time for a reply to reach each Respondent before the SOQ Package submission deadline. Any information given to one firm will be furnished in writing to all those known by the City to have indicated an interest to this RFQ. F. SOQ Packages will be opened in a manner that avoids disclosure of the contents to neither the public or the other respondents to this RFQ for a period of time that extends the negotiation period until selection and execution of a contract(s). All SOQs are subject to public inspection after the contract(s) have been executed except that the City will withhold those pages identified by the Respondent and marked conspicuously as "CONFIDENTIAL" or "PROPRIETARY". Each page submitted to the City that the Respondent asserts contains either a trade secret or other confidential or proprietary information will be withheld from the public and all other Respondents. By its submittal of a response to this RFQ, Respondent agrees that each page NOT identified and conspicuously marked as described above will be considered public information. By its submittal of a response to this RFQ, Respondent consents to the City's release of all information considered to be public information, if requested, after award and execution of contract(s). G. The City envisions that final delivery of the design-build plan will comprise of a fully- operational, self-sustainable facility that promotes a safe, ADA (TDLR) compliant, low maintenance operation. It is anticipated that this design-build plan will be turn- key in nature, easy to understand and implement; provide for future reference, review and modification as directed by the City. All deliverables under this contract will be open sourced and not allowed to be confidential, proprietary or remain the intellectual property of the successful Respondent. RFQ NO. 2015-01 Page 3 of 28 �r IV. EVALUATION AND SELECTION OF DESIGN-BUILD FIRMS Step 1 VERIFICATION OF ADMINISTRATIVELY COMPLETE SUBMITTALS (MAXIMUM OF 0 POINTS FOR STEP 1) The City will verify that the Respondent has complied with the provisions of this RFQ, completed the SOQ in the required format, and submitted all required attachments and documents, including a completed Exhibit"B"and all other required documents shown on the RFQ Checklist. The following will be cause to disqualify the submittal administratively: 1. SOQ is not signed by an individual empowered to bind the Respondent 2. Respondent fails to complete Exhibit"B" RFQ Checklist; 3. Respondent fails to comply with Exhibit"C" Mandatory Requirements; 4. Respondent fails to comply with Exhibit"D"Anti-Lobbying Provisions of this RFQ; 5. Respondent fails to timely submit to City Secretary's Office the completed SOQ; 6. Respondent fails to acknowledge receipt of Addenda; 7. SOQ received from a Respondent who is currently debarred or suspended by Federal, State or City governmental agencies; and 8. If short-listed, Respondent fails to attend assigned Step 3 (see below), PRESENTATION AND INTERVIEW, at the appointed time. Step 2 REVIEW AND EVALUATION OF SOQ AND SUBMITTAL PACKAGE (MAXIMUM OF 40 POINTS FOR STEP 2) From the Respondents remaining after Step 1, the City will review the SOQs to determine the most highly qualified Respondents based on factors that include: (a) demonstrated experience, technical competence and capability to perform; (b) responsiveness to the RFQ; and (c) clarity of the SOQ. Respondent shall follow specified page limit requirements. Letters of Interest (LOI), Historically Underutilized Business (HUB) Certification, and Exhibit "B" RFQ Checklist, (which must be completed and submitted in the SOQ Package) shall not count toward the maximum page limit requirement. The submittal requirements are: ■ Each Daae of the SOQ Package must identify RFQ NO. 2015-01 AYERS STREET CNG STATION in the header or footer. is • SOQ must identify the Respondent as the prime provider and identify any proposed team sub-provider firms by category that will be included on the design-build team. • A two-page (maximum) Letter of Interest (LOI) notifying the City of the Respondent's intent to be considered for this project. Also within this LOI, a statement must be provided addressing why the Respondent's team would be in the best position to deliver the required services. • A one-page (maximum) Letter of Interest (LOI) from each sub-consultant or firm proposed in the submittal indicating that the firm's or consultant's desire to be included and indicating a general statement of the scope of services that the sub-consultant will perform if the submitting Respondent is selected. RFQ NO.2015-01 Page 4 of 28 re. • SOQ Package must include one-sided pages that are legible, with appropriate font size, margins, and line spacing. The following criteria will be used in evaluating the initial Respondent's SOQ. A maximum of twenty(201 Pages total is allowed for the SOQ response. A. Qualifications (MAXIMUM OF 10 POINTS) • Describe a brief history of the Respondent's prime provider and team sub- provider firms, including fiscal health,and provide any background information that may be relevant to the City's needs on this project. Demonstrate understanding and familiarity with existing and upcoming Federal I State!City regulations and laws as well as related permitting and regulatory requirements, which may include but are not limited to the ones applicable to State and Local Building Codes, environmental regulations and ADA requirements (TDLR). ■ Demonstrate familiarity with City's key infrastructure, regulations, and policies relevant to this project. • Describe experience and knowledge in providing the services described in Exhibit A-Performance Requirements. • Discuss the experience and qualifications of the specific project team members in providing the services outlined in this RFQ (particularly the Project Manager and Construction Superintendent, and the managers of the key disciplines). Describe your approach to overall team formation and coordination of team members. Identify and provide by separate appendix the resume or curriculum vitae of key team individuals who will work on this project. Identify projects on which your team has successfully collaborated. • Provide an example from the last five years where the Project Manager faced difficulties in executing a similar project. Explain specifically the corrective actions, outcomes and lessons learned. • Describe the Project Manager's ability to complete projects in accordance to the agreed schedule, scope and budget. ■ Provide evidence of bonding capacity and ability to obtain performance and payment bonds for projects, demonstrated by providing a commitment letter from a bonding and insurance agency licensed in Texas. B. Experience (MAXIMUM OF 10 POINTS) • Describe the design-build team's recent experience with design and construction on similar CNG projects providing at least five (5) projects of similar scope and budget over the last five (5) years. As a part of the SOQ, provide the referenced client's company name, address, primary contact irr names and phone numbers, date completed, and value of contract. C. Municipal Experience (MAXIMUM OF 5 POINTS) • Provide the design-build team's municipal experience with CNG installations over the last five (5) years. Prioritize those references in the State of Texas. As a part of the SOQ, provide name of municipality, primary contact name and phone numbers, date completed and value of contract. IRFQ NO. 2015-01 Page 5 of 28 6 D. Historically Underutilized Business Participation (MAXIMUM OF 5 POINTS) • Identify work anticipated to be completed by companies designated as Historically Underutilized Businesses (HUB), Disadvantaged Business Enterprise (DBE), or Minority Business Enterprise (MBE). Prime contractors who subcontract with HUBs can receive points proportional to amount of work performed by those HUBs. Include proof of certification. Certification will not count as part of the maximum page limit. r E. Project Approach and Management Plan (MAXIMUM OF 10 POINTS) • Describe capabilities relevant to this RFQ that differentiates your team from others in the industry. Provide at least one example of when you have used h each of these capabilities and the impact achieved. • Describe what you would do to ensure project work under this RFQ would be developed and executed in accordance with the schedule previously presented herein. Include unique capabilities your proposed team would employ and how your organizational structure would help ensure plan tasks are executed within this pre-determined schedule. • Demonstrate commitment to high quality construction and an appreciation of design excellence. • Describe how you would administer multiple concurrent plan tasks. Include unique capabilities your proposed team would employ and how your rtlr organizational structure would help ensure high quality control within the agreed schedule. Describe your firm's project management approach and team organization for the provision of the services outlined in this RFQ. Include a team organization chart, including the use of subcontractors, identifying key plan task leads. Discuss your team's capacity to accomplish projects under this RFQ with respect to your team's current and projected iti work load. • Provide outline of anticipated scope of work tasks with a timeline (schedule) for key plan milestones for design and construction; and a strategy for the handling and transporting equipment and material to their final placement. is • Discuss your team's computer literacy for project management. • Since this project must adhere to the fixed budget identified herein, discuss your team's experience in value engineering a work plan such that the anticipated development of the re-fueling station is maximized. F. Fees and Pricing Io RESPONDENTS SHALL NOT SUBMIT ANY FEES OR PRICING UNDER ANY PROCEDURE OR STEP OF THIS RFQ UNTIL SPECIFICALLY REQUESTED IN WRITING BY THE CITY. SUBMITTAL OF FEES OR km PRICING. BEFORE BEING REQUESTED BY THE CITY. IS GROUNDS FOR DISQUALIFICATION. r G. Other Required Documents The following documents do not count as part of the maximum page limit. Include a completed Exhibit"B" RFQ Checklist, specifying: • Certification that Exhibit"C" Mandatory Requirements will be met; RFQ NO. 2015-01 I Page 6 of 28 • Certification that Exhibit "D" Anti-Lobbying Provisions of this RFQ will be met; • Certification that a Disclosure of Interest Form (completed and signed by the Respondent) is included in the SOQ Submittal Package; • Certification that a Disclosure of Interest Form (completed and sinned by each sub-consultant) is included in the SOQ Submittal Package; • Local Government Code Chapter 176 requires firms seeking to do business with the City to file a Conflict of Interest Questionnaire with the City Secretary, but only if there is a business relationship noted (as defined in Section 176.001 (1-a) in the Local Government Code). • Acknowledgement of Respondent's receipt of all Addenda to the RFQ (by initials and marking on the page the number of each addendum received); ■ Names, titles, telephone numbers, and email addresses of the individuals who are available to be contacted by the City for additional information; • Name, Title, and Signature of individual authorized to bind the Respondent to a contract. • Include Conflict of Interest Questionnaire (if applicable). H. Shortlisted Respondents Based on the criteria identified above in Step 2, the City may select up to the three (3) most qualified Respondents for continuing evaluation through Step 3, Step 4 and Step 5. The short-listed Respondents will be notified individually prior to this selection being posted on the City's Supplier Portal. Step 3 TECHNICAL PROPOSAL AND COST PROPOSAL (MAXIMUM OF 30 POINTS FOR STEP 3) i Based on the evaluation of the SOQ, the City may qualify up to three (3) of the highest- rated Respondents for further assessment. Only the short-listed design-build teams will be requested, in writing. to submit a Technical Proposal, specific to this proiect and im reauirements. and a corresponding Cost Proposal.. The Technical Proposal and the Cost Proposal will be separately sealed and delivered to the City prior to any presentations or interviews. Detailed instructions for preparing both the Technical Proposal and Cost Proposal will be provided, including a description of the format and level of completeness of drawings expected along with a list of available record data for review and consideration. Short-listed Respondents WILL NOT BE PAID a fee. stipend or ism allowance for the preparation of the Technical Proposal and/or Cost Proposal. Advanced notice of the criteria that will be required in the Technical Proposal includes: A. Technical Proposal (15 POINTS) Each Technical Proposal will address, at a minimum: • Project Implementation Plan • Anticipated problems • Proposed solutions to anticipated problems • Detailed CPM-like time line (schedule) of all work tasks • Ability to meet schedule • Conceptual engineering design of all components shown on 11"x17"drawings I RFQ NO. 2015-01 Page 7 of 28 r • Equipment Plan • Best practices for a corrosion resistant facility ■ Electrical needs for the area power infrastructure • Environmental protection of surrounding area • Construction oversight • System Warranty(s) • Commitment to high quality construction and design excellence. B. Cost Proposal (15 Points) Criteria for the Cost Proposal will include a Bid Form requesting Base Bid and Bid Alternatives in CSI MasterFormat and is intended to represent the scope of work rim identified in the Technical Proposal. In accordance with the Sec. 2269.361 of the Government Code, the City shall first open, evaluate and score each responsive Technical Proposal and assign points on the basis of the weighting (points) described herein. The City shall subsequently P,.: open, evaluate, and score the Cost Proposal, and again, assign points on the weighting described herein. Step 4 PRESENTATIONS AND INTERVIEW (MAXIMUM OF 30 POINTS FOR STEP 4) Should the City conduct interviews: irr Based on the evaluation of the SOQ,the City will request to interview any number of the highest-rated Respondents. Interview will consist of a presentation made by the Respondent followed by an interview session and Respondent closing remarks. The City will notify the short-listed Respondents of the specific time, format, and place for interview, however, at this time, the City is tentatively scheduling the interview as shown on Exhibit "E" - Procurement Schedule. A maximum of four team members may go participate. One additional team member may also attend to provide technical support without participation. Presentation (MAXIMUM OF 10 POINTS) Presentation must be led by the Project Manager, with supporting participation by key team members. Presentations will be timed and must not exceed 30 minutes. Presentation must address: • Design/Build Team Individual Qualifications and Experience • Technical Proposal • Cost Proposal • Ability to Complete Tasks On Time and On Budget • Advantageous Key Team Differences Interview(MAXIMUM OF 20 POINTS) Interview shall be led by the City's Project Manager, with supporting participation by key team members. Preselected questions will be asked, after which the City may ask additional follow-up questions seeking clarification of answers. All questions will be RFQ NO. 2015-01 Page 8 of 28 ill. administered and answered orally. The City may ask up to twenty (20) questions subject to the availability of time (60 minutes maximum). Requests for special accommodations must be made in writing a minimum of three (3) days prior to the Interview. The City will provide all reasonable accommodations to the extent possible. Questions will not be provided in advance. The Respondent will be evaluated based on their answers to questions given during the interview. Closing Remarks (0 Points) Respondent will be given an opportunity for closing remarks at the completion of the question and answer period. Closing Remarks must not exceed five (5) minutes. Step 5 SELECTION OF DESIGN-BUILD TEAM (RESPONDENT) is If the interview portion of this process is utilized, the Respondents will be evaluated according to the following criteria: im 0/100 No points for Step 1. SOQ: Respondent's score from Step 2 will be carried 401100 forward and considered as part of the overall evaluation. W Technical Proposal and Cost Proposal: Respondent's 301100 score from Step 3 is to emphasize completeness of the tasks for construction and corresponding costs. Presentation and Interview: Respondent's score from 30!100 Step 4 is to highlight the Technical Proposal, Cost Proposal and responses to the interview questions. 100 a l TOTAL SCORE its Based on this step evaluation of the responses to the RFQ, the City will make recommendations to the City Manager or City Manager's designee. its Equally Qualified. In those cases where different Respondents are deemed to be "equally" qualified, based on the evaluation herein, the City Manager or designee will r select the Respondent for award. Truth and Accuracy. The Respondent acknowledges that this SOQ is made for the express purpose of inducing the City, to whom it is submitted, to award a contract to the Respondent. Further, the Respondent acknowledges that the City may at its discretion, by means which the City may choose, determine the truth and accuracy of all statements made by Respondent herein. The discovery of any omission or misstatement that materially affects the Respondent's qualifications to perform under any contract shall cause the City to reject the SOQ, and if after the ward, to cancel and terminate the award and/or contract. RFQ NO. 2015-01 Page 9 of 28 Step 6 NEGOTIATIONS WITH HIGHEST RANKED RESPONDENT After selecting the highest-ranked Respondent, the City shall first attempt to negotiate a contract with this selected design-build team as determined by Steps 1, 2, 3, 4 and 5. If the City is unable to negotiate a satisfactory contract with the selected design-build team, the City shall, formally and in writing, end all negotiations with that Respondent and proceed to negotiate with the next Respondent in the order of the selection ranking until a contract is reached or negotiations with all ranked Respondents end. Once the negotiations are successfully concluded and the contract is signed by the Respondent, it will be submitted to the City Manager or Designee with a recommendation to award rr the contract. If the City Manager or Designee approves this recommendation, the contract will then be submitted to the City Council for consideration. is V. PROPRIETARY INFORMATION As per Sec. 2269.364 of the Government Code, the Respondent retains all rights to the work product submitted in the RFQ. The City may not release or disclose to any person, including the successful design-build team, the work product contained in an unsuccessful proposal. The City shall return all copies of the information submitted with the Technical Proposal and Cost Proposal to each corresponding unsuccessful Respondent. VI. CONCIrUSION The City will not be bound under any agreement until the City Manager or designee signs the contract (and, in addition, only unless the person authorized to bind the Respondent actually signs the contract). A schedule for the procedure described herein is attached as Exhibit "E" RFQ Procedure Schedule. S Independent Representative for Procurement for the Duration of Work for this RFQ is: n Jerry Shoemaker, P.E. Acting Director of Capital Programs (361) 826-3500 1201 Leopard Street 3r' Floor, City Hall Corpus Christi, T- s 7 0 Al I neH. G - , ' E., E cutive Directo of Public orks Exhibits Attached: A.Performance Requirements B.RFQ Checklist C.Mandatory Requirements D.Anti-Lobbying Provisions of this RFQ E.Procurement Schedule RFQ NO. 2015-01 Page 10 of 28 L L Exhibit "A" REQUEST FOR QUALIFICATIONS (RFQ) NO.2015-01 DESIGN—BUILD SERVICES FOR THE AYERS STREET CNG STATION CITY OF CORPUS CHRISTI.TX Performance Requirements I. Project Scope ■ The fueling station shall consist of two (2) fast-fill island(s). Fast-fill dispenser shall have two fill hoses with internal credit card readers. Fueling at the fast-fill dispenser is expected to take no longer than a standard gasoline/diesel fill. Two (2) additional islands for future expansion will be provided. • The compression station shall be designed to have redundant equipment, to avoid any downtime, and shall have the capability to provide full back-up generation if the electrical utility service is down. ■ The Respondent shall be governed by all applicable State and ,,F. Federal codes, all environmental laws, and all applicable industry standards, which may apply to the operation and maintenance of the CNG fueling facility. Additionally, the Respondent shall incur all costs associated with securing and meeting the terms of all necessary permits. • The Respondent shall provide training to the City's personnel for the basic operation of the facility including small repairs and/or emergency shut downs. hi • The Respondent will provide any information on grants or tax credits available from governmental agencies. II. Project Specifications A. CNG Equipment 1. Compressors a Compressors shall be designed and built in accordance with NFPA 52, NEC, and ASME standards. • Compressors shall have the following features/specifications: . Suction pressure: 110 psi • Flow: 500—600 scfm per compressor . Discharge pressure: 4,500 psig . Oil-lubricated system • Enclosure shall be provided with the compressor skids. 2. Priority Panel RFQ NO. 2015-01 Page 11 of 28 • Provide an electronic priority panel to direct CNG flow between the compressor, storage vessels and dispensers. 3. CNG Dryer • The dryer gas shall be sized for the rated capacity and inlet condition and shall be capable of removing moisture to levels below SAE J-1616 maximum allowable limits. 4. Fast-Fill Dispenser • The contractor shall supply two (2) fast-fill dispensers with the following design specifications. • Manufactured in accordance with the latest versions of NFPA 52, NEC, ANSI/IAS NGV. • Two (2) hoses. • Internal credit card reader with fuel management system. • PSI Rating: 5,000 psi • Applicable Electrical Rating ita • High Level Gilbarco, Dresser Wayne, Bennett with internal card reader or lower cost with external card reader or approved equal. • Nozzle type: CT1000 from OPW, TK17 from WEH e' Technologies or approved equal. 5. CNG Storage • The contractor shall supply three high pressure vessels fabricated to ASME Code Section VIII, Division 1 or 2 and stamped as required by code. Each vessel shall be rated for 5,500 psi MAWP and for a capacity of 12,000 scf at 4,500 psig, for a total capacity of 36,000 scf at 4,500 psig. Vessels shall be provided with relief valve, drain valve, isolation valve and vent piping. 6. Emergency Shutdown • Emergency shutdown devices shall be installed according to the NFPA and the Texas Railroad Commission requirements and with the appropriate signage. Emergency shutdown devices must disconnect all circuits leading to and through dispensing equipment including power and communication circuits. All circuits must remain down until manually reactivated. 7. Fire Protection • Portable fire extinguishers shall be provided and installed in accordance with the NFPA 52, the Texas Railroad Commission, and the fire code requirements. L RFQ NO. 2015-01 Page 12 of 28 lr 8. High Pressure Stainless Steel (SS)Tubing • SS tubing size shall be determined to minimize the pressure drop of the gas from the compression equipment to the dispensing equipment. The size of tubing shall be specified in the proposal. Tube fittings shall be SS rated for at least 6,000 psig working pressure. The manufacturer of the SS tubing fittings shall be specified in the proposal. Tubing and tube fittings shall be installed neatly and in a quality, workmanlike manner by a certified installer. All tubing shall be properly anchored and supported. 9. Inlet Piping • Gas piping design, fabrication, inspection, and testing shall be in accordance with ANSI 831.3. • Piping shall be installed neatly and in a quality, workmanlike manner. • Only carbon steel SCH 80 piping shall be used. Cast iron or semi-steel shall NOT be used. • All piping shall be properly anchored and supported. • All carbon steel piping shall be prepared, primed and painted. • Threaded gas pipe connections may be used on a 2-inch nominal pipe size and smaller for piping systems with a maximum operating pressure no greater than 150 psig. Otherwise, such piping shall be socket-or butt-welded. 10. Back-Up Generator(Diesel and/or Natural Gas) • Emergency Standby Power(ESP): Per ISO 8528 • Warranty: Twenty Four(24) month minimum on the material and workmanship of the generator for standby product from registered commissioning and start-up. 11. Manuals • All data and related information appropriate to the City's maintenance and operation of all products and systems provided under the Contract shall be compiled into an integrated operation and maintenance manual and submitted to the City. 12. Utilities • All utilities will be provided at the equipment compound by the City. tia 13. Supervisory Control and Data Acquisition Systems (SCADA) • Communication panel will be provided that is capable of notifying the responsible technician of any alerts or alarms on the CNG Station equipment. RFQ NO. 2015-01 I Page 13 of 28 II B. CNG FACILITY • This facility shall be designed by a licensed Engineer within the State of Texas. ■ Safety signage for the entire facility shall be provided as required by the NFPA 52, the Texas Railroad Commission and local codes. • Sufficient lighting shall be installed to illuminate the CNG tw equipment and dispensing areas. 11111 RFQ NO. 2015-01 Page 14 of 28 EXHIBIT "B" REQUEST FOR QUALIFICATIONS (RFQ) NO.2015-01 DESIGN—BUILD SERVICES FOR THE AYERS STREET CNG STATION CITY OF CORPUS CHRISTI. TX RFQ CHECKLIST THE RESPONDENT: INITIAL IN BOX► • Certifies that Exhibit"C"Mandatory Requirements will be met. • Certifies that Exhibit "D"Anti-Lobbying Provisions of this RFQ will be met. a • Certifies that a Letter of Interest (LOI) is attached for Respondent and each sub-consultant. la • Certifies that a completed Disclosure of Interest Form (Exhibit B-1) is attached for Respondent and each sub-consultant. • Acknowledges, by number and initials, the receipt of all Addenda to the RFQ. Number Initials: • Acknowledges that Local Government Code Chapter 176 requires firms seeking to do business with the City of Corpus Christi to file a kr Conflict of Interest Questionnaire (Exhibit B-2) with the City Secretary, but only if there is a business relationship noted (as defined in Section 176.001 (1-a) in the Local Government Code). Indicate if a Conflict of Interest Questionnaire is required and on file. • In order to be considered, the contractor must have DUNS (Date Universal Number System) as provided by Dun & Bradstreet(D&B). To apply for a DUNS number, call D&B at 1-866-705-5711 and indicate that you are a prospective applicant for a job that is funded by a Federal Program. [Obtaining a DUNS number is free and the process to request a number takes about 10 minutes.] • Identify the names, titles, telephone numbers, and email addresses of individuals who are available to be contacted by the City concerning the RFQ and for additional information. its e" • Signed by an individual, identified by name and title, whom is authorized to bind the Respondent to a contract. Name Title Date ,,. RFQ NO. 2015-01 Page 15 of 28 r.. Exhibit "B-1" I REQUEST FOR QUALIFICATIONS (RFQ) NO. 2015-01 DESIGN—BUILD SERVICES FOR THE AYERS STREET CNG STATION CITY OF CORPUS CHRISTI. TX DISCLOSURE OF INTEREST 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 a plicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY ZIP FIRM IS: 1. Corporation 0 2. Partnership 0 3. Sole Owner 0 4. Association 0 5. Other ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach 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" as constituting 3%or more of the ownership in the above named"firm." Name Title so 3. State the names of each "board member" of the City of Corpus Christi having an "ownership mo interest"constituting 3%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 W 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 RFQ NO. 2015-01 1 Page 16 of 28 r f I II r FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION 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 Pro statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Title: t (Type or Print) Signature of Certifying Date: Person: is DEFINITIONS a. "Board Member". A member of any board, commission, or committee that has been se appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic Benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in r• general or a substantial segment thereof. c. "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. d. "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 non-profit organizations. e. "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. f. "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." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of as Corpus Christi for the purpose of professional consultation and recommendation. tr- RFQ NO.2015-01 Page 17 of 28 Exhibit "B-2" REQUEST FOR QUALIFICATIONS (RFQ) NO. 2015-01 DESIGN—BUILD SERVICES FOR THE AYERS STREET CNG STATION CITY OF CORPUS CHRISTI.TX CONFLICT OF INTEREST QUESTIONNAIRE Chapter 176 of the Local Government Code requires every Vendor or Contractor with the City of Corpus Christi ("City") to file a Conflict of Interest Questionnaire with the City Secretary of the City by the seventh business day after: 1. Any contract discussions or negotiations begin, or 2. Submitting an application, responses to requests for proposals, bids, correspondence, or any writing related to a potential agreement with the City. The Conflict of Interest Questionnaire is available for downloading from the Texas Ethics Commission's website at htto://www.ethics.state.tx.us/forms/CIQ.odf. The completed Conflict of Interest Questionnaires will be posted on the City Secretary's website. There will also be a list of the City's Local Government Officers on the City of Corpus Christi's website. Additionally, each Vendor or Contractor must file updated questionnaires no later than September lit of each year that the Vendor or Contractor seeks to contract with the City, or the seventh business day after the date of an event that would render the questionnaire incomplete or inaccurate. However, a Vendor or Contractor is not required to file a new questionnaire in any year if the vendor has completed a questionnaire between June lit and September 1st of that year, unless the previous questionnaire is incomplete or inaccurate. r Original Conflict of Interest Questionnaire shall be filed with the City's Records Administrator (Ms. Rebecca Huerta, City Secretary, City Hall, 1201 Leopard Street, First iis Floor, Corpus Christi, Texas 78401). Vendors and Contractors shall include a copy of the form that was submitted to the City Secretary as part of the RFQ package. Any questions about filling out this form should be directed to your attorney. rof Failure of any Vendor or Contractor to comply with this law is a Class C misdemeanor. r W S RFQ NO.2015-01 Page 18 of 28 EXHIBIT "C" REQUEST FOR QUALIFICATIONS (RFQ) NO. 2015-01 DESIGN—BUILD SERVICES FOR THE AYERS STREET CNG STATION CITY OF CORPUS CHRISTI. TX MANDATORY REQUIREMENTS Ethical Behavior in General, Strict Compliance with Anti-Lobbying Provisions (Exhibit"D") Respondent's officers, employees, or agents, each and every one, shall comply with the Anti-Lobbying Provisions of this RFQ (See Exhibit"D") and may not attempt to lobby or influence a vote or recommendation related to the Respondent's qualification statement submitted in response to this RFQ, directly or indirectly, through any contact with City Council Members or other City officials between the deadline for submission of its qualifications statement and the date Respondent receives notification from the City that it is or is not qualified. Such behavior will be cause for rejection of the Qualifying Respondent's qualifications statement at the discretion of the City Manager or designee. Standards and Codes es The Respondent/Respondent team (Respondent's) work will be performed in accordance with the most current applicable codes and standards. is Safety Requirements If Respondent or its subcontractors are observed engaging in any unsafe activities or unsanitary practices which may be detrimental to City facilities or the general public, the its individual will be immediately removed from the worksite. Depending on the nature and severity of the offense, the individual may be allowed to return to work after receiving safety training satisfactory to the City. i Insurance Requirements The Respondent will not begin work under the contract until it has obtained all required insurance and provided the City with the related certificates and endorsements. For the duration of the project, the Respondent will provide the insurance listed below and document required coverage with certificates of insurance: I. CONTRACTOR'S LIABILITY INSURANCE r1° 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. RFQ NO. 2015-01 Pa!e19of28 B. Contractor must furnish to the City's Risk Manager and Director of Capital Programs. 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 frig Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE is 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors ,40 6. Personal Injury-Advertising Injury mo AUTO LIABILITY(including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased 14. PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $2,000,000 Aggregate To be carried by Engineers and (Defense costs not included in face Architects. value of the policy) If claims made policy, retro date must 1111 be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS'S COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is this not Exhibit. domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 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. IRFQ NO. 2015-01 I Page 20 of 28 iftA it 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. r iter 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 si 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; lig • 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, ri cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. RFQ NO. 2015-01 Page 21 of 28 IN r E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to it 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 ift 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. rig 2014 Insurance Requirements Capital Programs Dept. a„ CNG Facility—Design and Build Contact 1/2/2015 ds Risk Management Use of Subcontractors The Respondent may use subcontractors to complete work under this contract. No subcontractor may provide services unless the City consents. Consent will not be withheld unreasonably. The Respondent will be responsible for completing all contract work even if a 1111 subcontractor has assumed responsibility to complete certain work. Also, the Respondent will be responsible for the acts and omissions of any subcontractors. o. Furthermore, the Respondent agrees that any subcontractor for this project will include the same mandatory insurance requirements in favor of the City as are specified in the City's contract with the Respondent. This is particularly emphasized for workers' compensation insurance coverage. Subcontractor certificates of insurance and endorsements will be collected by the Respondent and available for City review upon request. RFQ NO. 2015-01 Page 22 of 28 6 EXHIBIT "D" REQUEST FOR QUALIFICATIONS (RFQ) NO. 2015-01 DESIGN—BUILD SERVICES FOR THE AYERS STREET CNG STATION CITY OF CORPUS CHRISTI,TX ANTI-LOBBYING PROVISIONS OF THIS RFO § 1. Definitions I (1) "Agent"means a person authorized by a Respondent to act for or in place of Respondent, including a person acting at the request of Respondent, a person acting with the knowledge and consent of a Respondent, or a person acting with any arrangement, nu coordination,or direction between the person and the Respondent. (2) "Authorized Contact Person" means the person identified in this RFQ as the contact regarding this RFQ,or the Authorized Contact Person's designee during the course of the no-contact period. (3) "City Employee"means a person employed by the City. (4) "City Official", unless otherwise expressly defined, means the Mayor, members of the nu City Council, Municipal Court Judges (including substitute judges), City Manager, Assistant City Managers, City Secretary, Assistant City Secretary, City Attorney, Assistant City Attorneys, all department heads or assistant department heads, whether such person is salaried, hired or elected, and all other persons holding positions designated by the City Charter, as it may be amended from time to time. City official, unless otherwise expressly defined, includes individuals appointed by the mayor and the city council to all city commissions,committees,boards,or other city bodies. (5) "Director" means the Executive Director of Public Works—the department to which the City Manager has delegated authority for enforcing this RFQ. no (6) "No-Contact Period"means the period of time from the date of issuance of this RFQ until a contract is executed. If the City withdraws the RFQ or rejects all responses with the stated intention to reissue the same or similar Solicitation for the same or similar project, the No-Contact Period continues during the time period between the withdrawal and Vi reissue. (7) "RFQ"refers to a Request for Qualifications or this RFQ. (8) "Response"means a response to this RFQ. (9) "Respondent" means a person responding to this RFQ including a bidder, a quoter, responder,or a proposer. The term"Respondent"also includes: ii. RFQ NO. 2015-01 Page 23 of 28 (a) An owner, board member, officer, employee, contractor, subsidiary,joint enterprise, partnership,agent,lobbyist,or other representative of a Respondent. (b) A person or representative of a person that is involved in a joint venture with the respondent,or a subcontractor in connection with the respondent's response; (c) A Respondent's Agent; (d) A Respondent who has withdrawn a response or who has had a response rejected or disqualified by the City. (e) A person or entity acting on a Respondent's behalf. (10)"Representation" means a communication, written or oral, from a Respondent or its Agent to a Council Member, City Official,City Employee,or City representative,related to a Response or this RFQ that is intended to or that is reasonably likely to: (a) Provide information about the Response; (b) Advance the interests of the Respondent in regards to this RFQ; (c) Discredit the Response of any other Respondent; (d) Encourage the City to withdraw the RFQ; (e) Encourage the City to reject all of the Responses; (f) Convey a complaint about a particular matter related to this RFQ;or (g) Directly or indirectly ask, influence, or persuade any City official, City employee, or body to favor or oppose, recommend or not recommend, vote for or against, consider la or not consider, or take action or refrain from taking action of any vote, decision, or agenda item regarding this RFQ. +f (11) "Solicitation" means a Request for Qualifications, a Request for Proposals, or any other solicitation whereby the a City invites or requests for persons for firms to submit their qualifications or proposals for consideration to conduct business with the City. rrt § 2 RESPONDENTS AGREEMENT TO COMPLY; EQUALITY OF RESPONDENTS; EQUAL ACCESS. I (A)By responding to this RFQ, Respondents agree to abide by the terms of the RFQ, 444, including these anti-lobbying provisions, which are incorporated into and made a part of this RFQ. (B)Each Response must be considered on the same basis as all others;and is (C)Respondents have equal access to information regarding this RFQ, and the same opportunity to present information regarding this RFQ for consideration by the City. 44. §3 RESTRICTION ON CONTACTS. (A)During a No-Contact Period, a Respondent shall make a Representation only through the Authorized Contact Person or their designee. (B)During the No-Contact Period, a Respondent may not make a Representation to a City Official or to a City Employee other than to the authorized contact person. This prohibition also applies to a vendor that makes a Representation and then becomes a Respondent. RFQ NO. 2015-01 Page 24 of 28 6 (C)The prohibition of a Representation during the No-Contact Period applies to a Representation initiated by a Respondent,and to a Representation made in Response to a communication initiated by a City Official or a City Employee other than the Authorized Contact Person. (D)If the City withdraws this RFQ or rejects all Responses with a stated intention to reissue the same or similar RFQ for the same or similar project, the No-Contact Period shall expire after the ninetieth day after the date the RFQ is withdrawn or all Responses are rejected if the RFQ has not been reissued during the ninety day period. (E)For an RFQ under which a single contract will be awarded or executed, the No-Contact Period shall expire when the first of the following occurs: contract is executed or RFQ is cancelled. (F)For an RFQ under which multiple contracts may be awarded or executed,the No-Contact Period shall expire when the last of the following occurs: all contracts are executed, negotiations have been fully terminated,or the ninetieth day after the RFQ is cancelled. (G)The Director may allow Respondents to make Representations to City Employees or City representatives in addition to the Authorized Contact Person for this RFQ if the Director finds that this RFQ must be conducted in an expedited manner; an RFQ may need to be conducted in an expedited manner for reasons of health or safety under the shortest schedule possible with no extensions. The Director's finding and the names or titles of the additional city employees or city representatives who may be contacted must be included in this RFQ's documentation. In cases where the Director's finding is made after an RFQ has issued, The Director's finding and the names or titles of the additional city employees or City representatives who may be contacted must be provided in a written addendum to this RFQ and distributed to all Respondents. (H)Representations to an independent contractor consultant hired by the City to conduct or assist with an RFQ will be treated as Representations to a City Employee. (I) A current employee, director, officer, or member of a Respondent, or a person related within the first degree of consanguinity or affinity to a current employee,director,officer or member of a Respondent, is presumed to be an Agent of the respondent for purposes of making a Representation. This presumption is rebuttable by a preponderance of the evidence as determined by the Director. §4 PERMITTED REPRESENTATIONS. (A)If City seeks additional information from Respondent, the Respondent shall submit the Representation in writing only to the Authorized Contact Person. The Authorized Contact Person shall distribute the written representation in accordance with the terms of this RFQ. This subsection does not permit a respondent to amend or add information to a response after the response deadline. (B)If Respondent wishes to send a complaint regarding this RFQ to the City,the Respondent shall submit the complaint in writing only to the Authorized Contact Person. The j,. RFQ NO. 2015-01 Page 25 of 28 r I. Authorized Contact Person shall review the complaint with his or her supervisor and the Director of Capital Programs and provide written response. (C)If a Respondent makes a written inquiry regarding this RFQ during the period of inquiries provided in this RFQ,the authorized contact person shall provide a written answer to the inquiry and distribute the inquiry and answer to all respondents of the particular solicitation. (D) Suggestions or complaints about the contract process must be submitted to the Authorized Contact Person. (E)This RFQ allows Representations: (1) Made at a meeting convened by the Authorized Contact Person, including meetings to evaluate responses or negotiate a contract; (2) Made to the City Risk Management coordinator about insurance requirements for a solicitation;or (3) Made in public at a meeting held under Texas Government Code, Chapter 551 (Open Meetings Act). §5 NOTICE. (A)A City employee preparing this RFQ shall include a notice in this RFQ that advises respondents of the requirements of this RFQ, including a notice that if any City official or City employee, other than the authorized contact person, approaches a respondent for response or information related to this RFQ during the no-contact period, the respondent should notify the Authorized Contact Person,and the respondent is at jeopardy if he or she makes any Representation in response. (B)The Director for this RFQ shall notify councilmembers in writing that the no-contact period for this RFQ is in effect. (C)If this RFQ will be reviewed by a City board, the Director for this RFQ shall notify in writing each member of the board that the No-Contact Period for this RFQ is in effect. §6 DISCLOSURE OF PROHIBITED REPRESENTATION. (A)If a City Official or City Employee receives a Representation during the No-Contact Period,the official or employee shall notify in writing the Authorized Contact Person for this RFQ as soon as practicable. (B)During the No-Contact Period, a City Official or City Employee, except for the authorized contact person,shall not solicit a Representation for a respondent. §7 ENFORCEMENT. (A)A Respondent that makes a prohibited representation violates this RFQ. If the Authorized Contact Person for this RFQ is informed, or receives information, that a RFQ NO. 2015-01 Page 26 of 28 ci ci respondent has made a prohibited representation during the No-Contact Period, the Authorized Contact Person shall document the Representation and notify the Director immediately. (B)If the Director finds that a Respondent has violated this RFQ, the respondent and their response are disqualified. (C)If a respondent is disqualified for this RFQ and this RFQ is withdrawn or if all responses are rejected, the respondent is disqualified for a reissue of the same or similar RFQ for the same or similar project. There is no limit to the duration of the disqualification. The Director may determine what constitutes a"same or similar"project for purposes of this subsection. (D)The Department of Capital Programs may adopt rules to administer and enforce this RFQ. The rules must include the provision of written notice of disqualification to the respondent and a process to protest a disqualification. (E)This RFQ is not subject to enforcement by the Ethics Commission. §8 CONTRACT VOIDABLE. If a contract is awarded to a Respondent who has violated this RFQ, the contract is voidable by the City Manager. §9 DEBARMENT. (A)If a Respondent has been disqualified under this RFQ more than two times in a sixty month period, the Director shall debar a respondent and the entity they represent from contracting with the City for their services for a period not to exceed three years, provided the Respondent is given written notice and an opportunity to submit a written appeal of the debarment to the Executive Director of Public Works in advance of the debarment. (B)The Department of Capital Programs may adopt rules to administer and enforce this section. The rules must include an opportunity to submit a written appeal or a hearing process with written notice to the Respondent. Approval of the Executive Director of Public Works is first required,and a decision of Assistant City Manager of Public Works &Utilities shall be final. RFQ NO. 2015-01 Page 27 of 28 L EXHIBIT "E" REQUEST FOR QUALIFICATIONS(RFQ) NO. 2015-01 DESIGN—BUILD SERVICES FOR THE AYERS STREET CNG STATION CITY OF CORPUS CHRISTI, TX PROCEDURE SCHEDULE I Monday 12-Jan-15 Upload RFQ solicitation to City's Supplier Portal online at www.cctexas.com website. Friday 23-Jan-15 Pre-Submittal Meeting with Respondents. Monday 2-Feb-15 Upload Summary of Pre-Submittal Meeting City's Supplier Portal online at www.cctexas.com website. Friday 6-Feb-15 Deadline for written RFQ questions to City's Supplier Portal online at www.cctexas.com website. Wednesday 18-Feb-15 Deadline for RFQ Submission to City Secretary's Office. Wednesday 25-Feb-15 City to post list of Respondents indicating verification of administratively complete submittals. Wednesday 4-Mar-15 Notification of short-listed Respondents and request for Technical Proposal and Cost Proposal. Wednesday 18-Mar-15 Submittal of separately-sealed Technical Proposal and Cost Proposal. Wednesday 25-Mar-15 Presentations& Interviews of short-listed Respondents. Wednesday 1-Apr-15 Respondent recommendation to City Manager. I r- RFQ NO. 2015-01 Page 28 of 28 N 11, 00 72 00 GENERAL CONDITIONS N Table of Contents Page Article 1—Definitions and Terminology 5 1.01 Defined Terms 5 1.02 Terminology 10 Article 2—Preliminary Matters 11 2.01 Delivery of Bonds and Evidence of Insurance 11 N 2.02 Copies of Documents 12 2.03 Before Starting Construction 12 • 2.04 Preconstruction Conference; Designation of Authorized Representatives 12 Article 3—Contract Documents: Intent, Requirements, Reuse 12 3.01 Intent 12 3.02 Reference Standards 14 3.03 Reporting and Resolving Discrepancies 14 3.04 Interpretation of the Contract Documents 15 3.05 Reuse of Documents 15 N Article 4—Commencement and Progress of the Work 15 4.01 Commencement of Contract Times; Notice to Proceed 15 N 4.02 Starting the Work 15 4.03 Progress Schedule 16 4.04 Delays in Contractor's Progress 16 Article 5—Availability of Lands;Subsurface and Physical Conditions; Hazardous Environmental Conditions 17 5.01 Availability of Lands 17 5.02 Use of Site and Other Areas 17 N 5.03 Subsurface and Physical Conditions 18 5.04 Differing Subsurface or Physical Conditions 18 5.05 Underground Facilities 20 5.06 Hazardous Environmental Conditions at Site 21 w Article 6—Bonds and Insurance 23 6.01 Performance, Payment,and Other Bonds 23 6.02 Licensed Sureties 23 General Conditions 00 72 00-1 Corpus Christi Standards-Regular Projects 11-25-2013 r. 6.03 Insurance 24 Article 7-Contractor's Responsibilities 24 7.01 Supervision and Superintendence 24 7.02 Labor;Working Hours 24 7.03 Services, Materials,and Equipment 25 7.04 Concerning Subcontractors,Suppliers, and Others 25 7.05 Patent Fees and Royalties 26 7.06 Permits 27 7.07 Taxes 27 7.08 Laws and Regulations 27 7.09 Safety and Protection 28 K*v 7.10 Safety Representative 29 7.11 Hazard Communication Programs 29 7.12 Emergencies .29 7.13 Contractor's General Warranty and Guarantee 29 7.14 Indemnification 30 7.15 Delegation of Professional Design Services 31 Article 8-Other Work at the Site 32 8.01 Other Work 32 8.02 Coordination 33 8.03 Legal Relationships 33 is Article 9-Owner's and OPT's Responsibilities 34 9.01 Communications to Contractor 34 9.02 Replacement of Owner's Project Team Members 34 9.03 Furnish Data 34 9.04 Pay When Due 34 9.05 Lands and Easements; Reports and Tests 34 PF- 9.06 Insurance 34 hr 9.07 Modifications 34 9.08 Inspections,Tests, and Approvals 34 ire 9.09 Limitations on OPT's Responsibilities 34 9.10 Undisclosed Hazardous Environmental Condition 34 rr 9.11 Compliance with Safety Program 35 General Conditions 00 72 00-2 Corpus Christi Standards-Regular Projects 11-25-2013 Mir Article 10—OAR's and Designer's Status During Construction 35 10.01 Owner's Representative 35 10.02 Visits to Site 35 10.03 Resident Project Representatives 35 10.04 Rejecting Defective Work 35 10.05 Shop Drawings, Modifications and Payments 35 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work 36 10.07 Limitations on OAR's and Designer's Authority and Responsibilities 36 iir Article 11—Amending the Contract Documents;Changes in the Work 36 11.01 Amending and Supplementing the Contract Documents 36 am 11.02 Owner-Authorized Changes in the Work 37 11.03 Unauthorized Changes in the Work 37 iaa 11.04 Change of Contract Price 38 11.05 Change of Contract Times 39 11.06 Change Proposals 39 11.07 Execution of Change Orders 39 11.08 Notice to Surety 40 Article 12—Claims 40 12.01 Claims 40 Article 13—Cost of the Work;Allowances; Unit Price Work 42 13.01 Cost of the Work 42 13.02 Allowances 44 13.03 Unit Price Work 45 13.04 Contingencies 45 Article 14—Tests and Inspections;Correction, Removal,or Acceptance of Defective Work 46 14.01 Access to Work 46 lie 14.02 Tests, Inspections,and Approvals 46 14.03 Defective Work 47 ilia 14.04 Acceptance of Defective Work 47 14.05 Uncovering Work 48 14.06 Owner May Stop the Work 48 TM 14.07 Owner May Correct Defective Work 48 Article 15—Payments to Contractor;Set-Offs; Completion;Correction Period 49 ism General Conditions 00 72 00-3 Corpus Christi Standards-Regular Projects 11-25-2013 r. i r ire 15.01 Progress Payments 49 15.02 Contractor's Warranty of Title 51 15.03 Substantial Completion 51 yr 15.04 Partial Utilization 51 15.05 Final Inspection 52 15.06 Final Payment 52 15.07 Waiver of Claims 52 15.08 Correction Period 53 Article 16—Suspension of Work and Termination 53 16.01 Owner May Suspend Work 53 16.02 Owner May Terminate for Cause 54 e 16.03 Owner May Terminate For Convenience 55 it 16.04 Contractor May Stop Work or Terminate 55 Article 17—Final Resolution of Disputes 56 17.01 Methods and Procedures 56 Article 18—Miscellaneous 56 18.01 Computation of Times 56 18.02 Independent Contractor 56 18.03 Cumulative Remedies 56 18.04 Limitation of Damages 57 18.05 No Waiver 57 18.06 Severability 57 18.07 Survival of Obligations 57 18.08 No Third Party Beneficiaries 57 18.09 Assignment of Contract 57 18.10 No Waiver of Sovereign Immunity 57 18.11 Controlling Law 57 18.12 Conditions Precedent to Right to Sue 57 18.13 Waiver of Trial by Jury 58 18.14 Compliance with Laws 58 18.15 Enforcement 58 18.16 Subject to Appropriation 58 18.17 Contractor's Guarantee as Additional Remedy 58 General Conditions 00 72 00-4 Corpus Christi Standards-Regular Projects 11-25-2013 F IMO r r ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the lir meaning 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 ovA 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 irlir and Contract Times and provide other information and certifications as required by the Bidding Requirements. b}�R 7. Bidding Documents-The Bidding Requirements,the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements-The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check,certified check, money order or bank draft from any State or National iYrr Bank will also be acceptable. 11. Bonds-Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. ff 12. Change Order-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work,Contract Price,Contract Times,or terms and conditions of the Contract. General Conditions 00 72 00-5 Corpus Christi Standards-Regular Projects 11-25-2013 r r a 13. Change Proposal -A document submitted by Contractor in accordance with the 111 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 ills 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. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. a 15. 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. 16. 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"); is b. The Hazardous Materials Transportation Act,49 U.S.C. §§5501 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, im substance,or material. 17. Contract-The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. 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 t�. b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents-Those items designated as Contract Documents in the Agreement. 20. 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. General Conditions 00 72 00-6 Corpus Christi Standards-Regular Projects 11-25-2013 W 21. Contract Times-The number of days or the dates by which Contractor must: Ilr a. Achieve specified Milestones; p,r' b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. N 23. 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. 24. Cost of the Work-The sum of costs incurred for the proper performance of the Work as allowed by Article 13. llr 25. 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; N 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 in accordance with Paragraphs 15.03 or 15.04. 26. 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 or responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. 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 014 Drawings. 28. Effective Date of the Contract-The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work 110 that do not change the Contract Price or the Contract Times. 30. 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. N lir General Conditions 00 72 00-7 Corpus Christi Standards-Regular Projects 11-25-2013 4r r hi 31. Indemnified Costs-All costs, losses, damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers,architects,attorneys, and other professionals. 32. 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. 33. Liens-Charges,security interests,or encumbrances upon Contract related funds, real is property,or personal property. 34. 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. 35. 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. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed-A notice to Contractor of the Contract Times and the date Work is to begin. 4 38. 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 his designee,the City Engineer(the Ri Director of Engineering Services),and the City's officers,employees, agents,or representatives,authorized to administer design and construction of the Project. 39. 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. 40. Owner's Indemnitees-Each member of the OPT and their officers, directors, members, partners,employees,agents, consultants,and subcontractors. 41. 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. 42. 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. General Conditions 00 72 00-8 Corpus Christi Standards-Regular Projects 11-25-2013 irw 43. 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. 44. Project-The total undertaking to be accomplished for Owner under the Contract Documents. 45. 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. 46. 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. 47. Schedule of Documents-A schedule of required documents, prepared,and maintained by Contractor. 48. Schedule of Values-A schedule, prepared and maintained by Contractor,allocating r portions of the Contract Price to various portions of the Work and used as the basis for is Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. 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. 1M 51. 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. 52. Specifications-The part of the Contract that describes the requirements for materials, equipment,systems,standards,and workmanship as applied to the Work,and certain kkr administrative requirements and procedural matters applicable to the Work. 53. 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. 54. 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. (rir 55. Supplementary Conditions-The part of the Contract that amends or supplements the General Conditions. 56. 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. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; S General Conditions 00 72 00-9 Corpus Christi Standards-Regular Projects 11-25-2013 r t b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. 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. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work-The construction of the Project or its component parts as required by the Contract Documents. 61. 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 lis provide specified operation of Work without an increase in the Contract Price. Q, 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. +yr General Conditions 00 72 00-10 Corpus Christi Standards-Regular Projects 11-25-2013 a 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 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. a 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 :tea 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 a 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. General Conditions 00 72 00-11 Corpus Christi Standards-Regular Projects 11-25-2013 p W N 2.02 Copies of Documents ilia A. OPT is to furnish one fully executed Agreement 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. N 2.03 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; 2. Schedule of Documents;and 3. Schedule of Values and projected cash flow information. 2.04 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. is 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. MO ARTICLE 3—CONTRACT DOCUMENTS: INTENT,REQUIREMENTS, REUSE 3.01 Intent sis 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,Supplementary Conditions,and General Requirements (Division 01 Sections of the Specifications) 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: N 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 General Conditions 00 72 00-12 Corpus Christi Standards-Regular Projects 11-25-2013 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. 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. 1W 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 Imo in the Specifications. 0..'. 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. iiis General Conditions 00 72 00-13 Corpus Christi Standards-Regular Projects 11-25-2013 11111 3.02 Reference Standards air A. Standard Specifications,Codes, Laws and Regulations: e° 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. 2. No provision of referenced standard specifications, manuals, reference standards, r- 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. ilr 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. ter, 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 1.4 quality of Work than the applicable construction industry standards. is 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. 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. 3. 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 la General Conditions 00 72 00-14 Corpus Christi Standards-Regular Projects 11-25-2013 it Contract Documents issued pursuant to Paragraph 11.01,except in an emergency as ire required by Paragraph 7.12. 4. 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. 5. 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. N 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. �LL 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 MB A. The Contract Times commence to run on the date indicated in the Notice to Proceed. 4.02 Starting the Work N 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 i� indicated in the Notice to Proceed. General Conditions 00 72 00-15 Corpus Christi Standards-Regular Projects 11-25-2013 is 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 le 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 ai or disagreements, or during an appeal process, except as permitted by Paragraph 16.04,or as Owner and Contractor may otherwise agree. 4.04 Delays in Contractor's Progress A. Contractor is entitled to an equitable adjustment in the Contract Times if OPT directly 4-6 delays, disrupts, or interferes with the performance or progress of the Work. The iir Contractor agrees to make no Claim for damages for delay in the performance of the Contract occasioned by an act or omission to act of the OPT and agrees that the extension s;*fi 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. iir C. No time extensions are allowed for weather conditions, other than those listed in Paragraph 4.04.D.1,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 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 other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8; and 3. Acts of war or terrorism. es 4. Rain days in excess of the number of days allocated for rain as described in the Supplementary Conditions. 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; iiw 2. An Underground Facility not shown or not indicated with reasonable accuracy by the Contract Documents;and General Conditions 00 72 00-16 Corpus Christi Standards-Regular Projects 11-25-2013 1tir r �1r is 3. Hazardous Environmental Conditions. These adjustments in Contract Times are the Contractor's sole and exclusive remedy for the delays,disruption,and interference described in this paragraph. 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. et, G. Notify the OAR immediately of a potential delaying,disrupting,or interfering event. Submit is 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. 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 4 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 irrr 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. fr 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: WI 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 is agreements,and other adjacent areas as permitted by Laws and Regulations. Assume 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 General Conditions 00 72 00-17 Corpus Christi Standards-Regular Projects 11-25-2013 lir 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 rwr 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's Indemnitees 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. ins 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 General Conditions 00 72 00-18 Corpus Christi Standards-Regular Projects 11-25-2013 6 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 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 iIf 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 13.03. 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 i»r 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. General Conditions 00 72 00-19 Corpus Christi Standards-Regular Projects 11-25-2013 r r Pr- 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. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; lir 4. Coordinating the Work with the owners, including Owner,of Underground Facilities during construction;and 5. 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 if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, is 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. 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. is D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings,conclusions,and recommendations. E. Contractor is entitled to an equitable adjustment in the Contract Price or Contract Times as provided in Paragraphs 11.04 and 11.05 to the extent that the existing Underground Facility at the Site that was not shown or indicated in the Contract Documents,or was not shown ism General Conditions 00 72 00-20 Corpus Christi Standards-Regular Projects 11-25-2013 Yr w W 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 13.03. 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 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 is 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 General Conditions 00 72 00-21 Corpus Christi Standards-Regular Projects 11-25-2013 Ir 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 Yr 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's Indemnitees for claims arising out of or related to Hazardous Environmental Conditions are as set forth in Paragraph 7.14. PO* 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. 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. bo r,,... General Conditions 00 72 00-22 Corpus Christi Standards-Regular Projects 11-25-2013 I�. 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. W 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. G. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 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. a iim General Conditions 00 72 00-23 Corpus Christi Standards-Regular Projects 11-25-2013 [Iw ✓ MIS 6.03 Insurance "' A. Obtain and maintain insurance as required in this Article and in SECTION 00 72 01 INSURANCE REQUIREMENTS. B. Deliver evidence of insurance in accordance with SECTION 00 72 01 INSURANCE ✓ REQUIREMENTS 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. 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. rr 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. C. Do not perform Work on a Saturday,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 Memorial Day Last Monday in May 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 •� General Conditions 00 72 00-24 Corpus Christi Standards-Regular Projects 11-25-2013 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 15.01.3 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 Document. 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. 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 Wt 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. 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 General Conditions 00 72 00-25 Corpus Christi Standards-Regular Projects 11-25-2013 is 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. 1111 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. 4 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 irr Documents if they choose to not bind the Subcontractors or Suppliers to applicable terms or conditions of the Contract Documents. n.R 1. All Subcontractors employed on this Project must be required to obtain Workers' o f 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: N o 1. Creates a contractual relationship between members of the OPT and members of the Contractor's Team. is 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 44. 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,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. General Conditions 00 72 00-26 Corpus Christi Standards-Regular Projects 11-25-2013 Rz B. Contractor's obligation to indemnify Owner's Indemnitees 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. P4. 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. 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 11111 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. :A- C. Products incorporated into the Work are exempt from state sales tax according to the trw 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. rtr 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. 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: to 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. General Conditions 00 72 00-27 Corpus Christi Standards-Regular Projects 11-25-2013 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. rt°' 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 illl 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. Si 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 7.09.6 caused by Contractor's Team. Pay remediation costs unless the damage or loss is: fff 1. Attributable to the fault of the Contract Documents; lie 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. 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. General Conditions 00 72 00-28 Corpus Christi Standards-Regular Projects 11-25-2013 Yr N N 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. N 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. rlr 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. N 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 or payment by Owner of progress or final payments; 3. The issuance of a Certificate of Substantial Completion; lir 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 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 General Conditions 00 72 00-29 Corpus Christi Standards-Regular Projects 11-25-2013 Yr irr 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 11111 A. TO THE FULLEST EXTENT PERMITTED BY LAW,THE CONTRACTOR SHALL INDEMNIFY,DEFEND,AND HOLD HARMLESS THE OWNER'S INDEMNITEES 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,VIOLATIONS OF LAWS OR REGULATIONS,OR BODILY INJURY,DEATH,OR DESTRUCTION OF TANGIBLE PROPERTY CAUSED BY THE ACTS OR OMISSIONS OF THE CONTRACTOR'S TEAM,REGARDLESS OF WHETHER SUCH CLAIM,DAMAGE,LOSS OR EXPENSE IS ALLEGED TO BE CAUSED IN PART BY AN OWNER'S INDEMNITEE 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'S INDEMNITEE AGAINST A CLAIM,LOSS,DAMAGE OR EXPENSE CAUSED BY THE(I)NEGLIGENCE OR FAULT,(II)BREACH OR VIOLATION OF A STATUTE,ORDINANCE, GOVERNMENTAL REGULATION,STANDARD OR RULE,OR(III)THE BREACH OF CONTRACT BY AN OWNER'S INDEMNITEE. PROVIDED FURTHER HOWEVER,AND IN ADDITION TO THE ABOVE,CONTRACTOR INDEMNIFIES EACH OF OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF AN OWNER'S INDEMNITEE. B. TO THE FULLEST EXTENT PERMITTED BY LAW,CONTRACTOR SHALL INDEMNIFY,DEFEND,AND HOLD HARMLESS THE OWNER'S INDEMNITEES 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 rk INDEMNIFY THE OWNER'S INDEMNITEES FROM THE CONSEQUENCES OF THE OWNER'S AND OWNER'S INDEMNITEES OWN NEGLIGENCE. PROVIDED FURTHER HOWEVER,AND IN ADDITION TO THE ABOVE, CONTRACTOR INDEMNIFIES THE OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF OWNER'S INDEMNITEES. 11111 C. TO THE FULLEST EXTENT PERMITTED BY LAW,CONTRACTOR SHALL INDEMNIFY,DEFEND,AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST INDEMNIFIED COSTS RESULTING FROM INFRINGEMENT ON PATENT RIGHTS OR COPYRIGHTS BY CONTRACTOR'S TEAM TO THE FULLEST EXTENT PERMITTED BY LAW. D. The indemnification obligations under this paragraph 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's Indemnitees by an employee or the survivor or personal representative of employee of Contractor's Team. 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 General Conditions 00 72 00-30 Corpus Christi Standards-Regular Projects 11-25-2013 F `s r Ills a 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 Ns 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's Indemnitees from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. Owner's Indemnitees do 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: iis 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's Indemnitees as to its defense of the claim within 10 days after being notified of the indemnification request. Owner's Indemnitees may assume and control the defense If Contractor does not assume the defense. Pay all defense expenses of the Owner's Indemnitees as an indemnified loss. 2. Owner's Indemnitees 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's Indemnitees to comply with restrictions or limitations that adversely affect Owner's Indemnitees; b. Would require Owner's Indemnitees to pay amounts that Contractor does not fund in full;or c. Would not result in Owner and Owner's Indemnitees'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 services are required to carry out Contractor's responsibilities for construction means, 111 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 is General Conditions 00 72 00-31 Corpus Christi Standards-Regular Projects 11-25-2013 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 W 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 Z. 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 Mil 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. 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 1111 General Conditions 00 72 00-32 Corpus Christi Standards-Regular Projects 11-25-2013 ire 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 in 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 1�1 limitations of their authority,and the work to be coordinated prior to the start of other work at or adjacent to the Site. ar. 8.03 Legal Relationships 01111 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,other contractor,or utility owner: 1. Damages the Work or property of Contractor's Team; 2. Delays,disrupts,or interferes with the execution of the Work; or Mil 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 or utility owner 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 rrr 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 or utility owners if damages,delays, rr disruptions,or interference occur. E. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related damages,delays,disruptions,and interference with other work at the Site are as set forth in Paragraph 7.14. la General Conditions 00 72 00-33 Corpus Christi Standards-Regular Projects 11-25-2013 rtir a W 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. r° 9.03 Furnish Data a 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 Paragraphs 15.01.D and 15.06.D. a 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. li 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications a A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections,Tests,and Approvals a A. OPT's responsibility with respect to certain inspections,tests,and approvals are described in Paragraph 14.02. 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. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. General Conditions 00 72 00-34 Corpus Christi Standards-Regular Projects 11-25-2013 p. r I 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. 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 ha 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 11 A. Resident Project Representatives assist OAR in observing the progress and quality of the wt. 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 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 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 Ft. 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 Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. V General Conditions 00 72 00-35 Corpus Christi Standards-Regular Projects 11-25-2013 r I 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 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual/ administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. 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 f�1 A. The Contract Documents may be modified by a Contract Amendment,Change Order,Work Change Directive,or Field Order. IN 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 f- 3) Other engineering, architectural or technical matters. jr 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 Ali incorporated into the Project. 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 ilk General Conditions 00 72 00-36 Corpus Christi Standards-Regular Projects 11-25-2013 r r 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 are to be incorporated in a subsequently issued Change Order following negotiations on the Contract Price and Contract Times. Contractor must submit a Change Proposal seeking an adjustment of (r 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 if negotiations are unsuccessful under the terms of the Contract Documents governing adjustments,expressly including Paragraphs 11.04 and 11.05. 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. lri 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 14.05. r 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. I General Conditions 00 72 00-37 Corpus Christi Standards-Regular Projects 11-25-2013 11.04 Change of Contract Price A. The Contract Price 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 12. 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 6 provisions of Paragraph 13.03,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 13.01 plus a Contractor's fee for overhead and profit determined as provided in Paragraph 11.04.D when the Work involved is not covered by unit prices in the Contract Documents or 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. Owner may decrease the Work by up to 25 percent of the Contract Price without adjusting Contractor's fee. D. Contractor's Fee: Determine the Contractor's fee for overhead and profit as follows: 1. A mutually acceptable fixed fee;or 2. 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 13.01.C.1 and 13.01.C.2; Oki b. The Contractor's fee is 5 percent for costs incurred under Paragraph 13.01.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 13.01.C.1 and 13.01.C.2 for the Subcontractor that actually performs the Work at whatever tier; and 2) 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 Paragraphs 13.01.C.4,and 13.01.D; 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 3. The adjustment in Contractor's fee is based on the net change in accordance with Paragraphs 11.04.D.2.a through 11.04.D.2.e, inclusive when both additions and credits are involved in any one change. General Conditions 00 72 00-38 Corpus Christi Standards-Regular Projects 11-25-2013 f.. Yr 11, rr 11.05 Change of Contract Times A. The Contract Times 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 12. 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 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 IN 4. Seek other relief under the Contract Documents. B. Notify the OAR immediately 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. aill Submit the following as part of the Change Proposal: 1. Any proposed change in Contract Price,Contract Times,or other relief, accompanied by a statement that the requested Change Order is the entire adjustment to which Contractor believes it is entitled; 2. The reason for the proposed change;and 3. Supporting data,accompanied by a statement that the supporting data is accurate and complete. C. 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 12. 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; iw 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, General Conditions 00 72 00-39 Corpus Christi Standards-Regular Projects 11-25-2013 b. Required because Defective Work was accepted under Paragraph 14.04 or Owner's correction of Defective Work under Paragraph 14.07,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 12. 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 Bid, nor a warranty that the Bid 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. A Change Order is deemed to be in full force as if executed by Contractor if the Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07. 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—CLAIMS 12.01 Claims A. Follow the Claims process described in this Article for the following disputes between Owner and Contractor: 1. A demand or assertion by Owner to Contractor,submitted in accordance with the requirements of the Contract Documents: a. Seeking an adjustment of Contract Price or Contract Times; General Conditions 00 72 00-40 Corpus Christi Standards-Regular Projects 11-25-2013 ap„ b. Contesting an initial decision by Designer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Contesting Designer's decision regarding a Change Proposal; d. Seeking resolution of a contractual issue that OAR has declined to address;or e. Seeking other relief with respect to the terms of the Contract. 2. A demand or assertion by Contractor to Owner,submitted in accordance with the 11� requirements of the Contract Documents: a. Contesting OPT's decision regarding a Change Proposal; or b. Seeking resolution of a contractual issue that OPT has declined to address. B. Notify the OAR no later than 7 days after the start of the event giving rise to the Claim or,in the case of appeals regarding Change Proposals,within 7 days of the decision under appeal. The responsibility to substantiate a Claim rests with the entity making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Price or Contract Times, Contractor must certify that the Claim is made in good faith,that the supporting data is ills accurate and complete, and that to the best of Contractor's knowledge and belief,the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. The entity receiving a Claim is to review the Claim giving full consideration to its merits. The Owner and Contractor are to seek to resolve the Claim through the exchange of information and direct negotiations. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of actions taken on a Claim. D. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after initiation of a Claim. 1. The agreement to mediate suspends the Claim submittal and response process. 2. Owner or Contractor may unilaterally terminate the mediation process after 60 days from the agreement to mediate and resume the Claim submittal and decision process iim as of the date of the termination. The Claim process resumes as of the date of the conclusion of the mediation, as determined by the mediator, if the mediation is unsuccessful in resolving the dispute. 3. Owner and Contractor are to each pay one-half of the mediator's fees and costs. E. If the entity receiving a Claim approves the Claim in part or denies it in part,this action is final and binding unless the other entity invokes the procedure described in Article 17 for final resolution of disputes within 30 days of this action. F. Notify the OAR if efforts to resolve the Claim are not successful and the Claim is denied. A denial of the Claim is final and binding unless the other entity invokes the procedure described in Article 17 for the final resolution of disputes within 30 days of the denial. G. The results of the agreement or action on the Claim is to be incorporated in a Change Order by the OAR to the extent they affect the Contract Documents,the Contract Price, or the Contract Times if the Owner and Contractor reach a mutual agreement regarding a Claim. General Conditions 00 72 00-41 Corpus Christi Standards-Regular Projects 11-25-2013 irs lltil ARTICLE 13—COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK is 13.01 Cost of the Work A. The Cost of the Work is the sum of costs described in this Paragraph 13.01,except those excluded in Paragraph 13.01.D, necessary for the proper performance of the Work. The provisions of this Paragraph 13.01 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. 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 ss 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 im 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 13.01.A.2,rates paid for this Work are to be the same as paid lir 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, is 5) Health and retirement benefits, 6) Bonuses,and it 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 Saturday,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 us General Conditions 00 72 00-42 Corpus Christi Standards-Regular Projects 11-25-2013 lir 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 f 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 13.01 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; iss 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. 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; e. 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; ilr f. Deposits lost for causes other than negligence of Contractor's Team; g. Royalty payments and fees for permits and licenses; h. Cost of additional utilities,fuel, and sanitary facilities at the Site; i. Minor expense items directly required by the Work;and R.- j. 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 Ms 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 Or General Conditions 00 72 00-43 Corpus Christi Standards-Regular Projects 11-25-2013 fir F le schedule of job classifications referred to in Paragraph 13.01.C.1 or specifically Ai covered by Paragraph 13.01.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, IN 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 ilir these losses, damages, and expenses in the Cost of the Work when determining Contractor's fee. iv 6. Any Indemnified Cost paid with regard to Contractor's indemnification of Owner's Indemnitees. 7. Other overhead or general expense costs and the costs of items not described in ail Paragraphs 13.01.C. k E. The Contractor's fee is determined as follows: P. 1. In accordance with the Agreement when the Work is performed on a cost-plus basis. 2. In accordance with Paragraph 11.04.0 for Work covered by a Modification determined on the basis of Cost of the Work. 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 13.01. 13.02 Allowances it 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 its 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 13.02.6.1 and 13.02.6.2 above are included in the Contract Price. la General Conditions 00 72 00-44 Corpus Christi Standards-Regular Projects 11-25-2013 N it 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. 13.03 Unit Price Work P. 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 Agreement. 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 or 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 13.03.E. 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 13.03.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 Agreement; MN 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 if Owner believes that the quantity variation entitles Owner to an adjustment in the Contract Price. Ill 13.04 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 Agreement. 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 13.01. The contingency funds are not to be used for the following items: W 1. Cost overruns due to changes in material costs after the Contract Price is established, unless specific price escalation provisions are made in the Agreement. 2. Rework required to correct Defective Work. General Conditions 00 72 00-45 Corpus Christi Standards-Regular Projects 11-25-2013 i1r Ile 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. Ns C. OAR is to issue a Change Order for approved expenditures from contingency funds. When the Change Order is issued,the costs are to be added to the Application for Payment. Contractor is to maintain a tabulation showing the contingency amount, adjustments to the contingency amount,and amounts remaining as the Project progresses. D. Any contingency amounts that are not included in a Change Order are retained by the irr Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. ARTICLE 14—TESTS AND INSPECTIONS;CORRECTION,REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK 14.01 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. 14.02 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 it 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; it General Conditions 00 72 00-46 Corpus Christi Standards-Regular Projects 11-25-2013 lir 1>W -- 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. p 14.03 Defective Work 1w A. It is Contractor's obligation to assure 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. F. Pay claims,costs, losses, and damages arising out of or relating to Defective Work, 111 including: 1. Costs for correction, removal,and replacement of Defective Work; 2. Cost of the inspection and testing related to correction of Defective Work; }s, 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. y 14.04 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. Yr B. Owner may impose a reasonable set-off against payments due under Article 15 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 15 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. iis General Conditions 00 72 00-47 Corpus Christi Standards-Regular Projects 11-25-2013 W tea. 14.05 Uncovering Work iis 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. is 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 if it is found that the uncovered Work is Defective. 2. Submit a Change Proposal for an increase in the Contract Price or an extension of the Contract Times directly attributable to this uncovering,exposure,observation, inspection,testing,and reconstruction if the uncovered Work is found to be not Defective. 14.06 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. 14.07 Owner May Correct Defective Work A. Owner may remedy the following deficiencies 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; Is Pv General Conditions 00 72 00-48 Corpus Christi Standards-Regular Projects 11-25-2013 lir Irr W 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 14.07. D. All claims, costs, losses,and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 are to be charged against Contractor as a set-off against payments due under Article 15. 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. lir 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 14.07. ARTICLE 15—PAYMENTS TO CONTRACTOR;SET-OFFS;COMPLETION;CORRECTION PERIOD 15.01 Progress Payments A. Progress payments are to be submitted to the OAR on the Application for Payment form provided by the OAR following procedures in the Contract Documents. 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 ills Paragraph 2.03. 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 13.03. 3. Progress payments for Work to be paid on the basis of the Cost of the Work per Paragraphs 13.01, 13.02 and 13.04 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 is 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; General Conditions 00 72 00-49 Corpus Christi Standards-Regular Projects 11-25-2013 r ilia 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 14.07; 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; 1111 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; Ilis i. Owner has been notified of failure to make payments to Subcontractors, Suppliers,or Employees; j. Failure to submit up-to-date record documents as required by the Contract Documents; k. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; I. Failure to provide Project photographs required by the Contract Documents; m. Failure to provide Certified Payroll required by the Contract Documents; n. 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; o. Costs for tests performed by the Owner to verify that Work previously tested and found to be Defective has been corrected; p. 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; q. Other items entitling Owner to a set-off against the amount recommended; or 1111 r. 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. General Conditions 00 72 00-50 Corpus Christi Standards-Regular Projects 11-25-2013 444 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 k.: 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. 15.02 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. 15.03 Substantial Completion A. Notify OAR when Contractor considers the entire Work substantially complete and request rrt a Certificate of Substantial Completion. B. OPT is to inspect the Work after Contractor's notification to determine if the Work is substantially complete. OAR 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. lis 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. 15.04 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 General Conditions 00 72 00-51 Corpus Christi Standards-Regular Projects 11-25-2013 r a separately functioning and usable part of the Work prior to Substantial Completion of the a 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 15.03 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. 15.05 Final Inspection A. OPT is to make a final inspection upon notice from Contractor that the entire Work or portion to be accepted under Paragraph 15.04 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. a 15.06 Final Payment A. Make Application for Final 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 a 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. 15.07 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 pursuant to Paragraph 15.05; 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. a General Conditions 00 72 00-52 Corpus Christi Standards-Regular Projects 11-25-2013 1r. r" 111 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 17 and specifically noted in the Certificate of Final Completion. 15.08 Correction Period I A. Promptly correct Defective Work without cost to Owner for 1 year after the date of Substantial Completion or longer periods of time prescribed by the terms of the Contract Documents. 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 15.08.A and 15.08.B corrected if Contractor does not comply with the terms of OAR's instructions,or in an emergency where delay would cause serious risk of loss or damage. D. Contractor's obligation to indemnify Owner's Indemnitees 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 systems are 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. The correction period is extended for an additional period of 1 year for Defective Work corrected after the date of Substantial Completion or after the accepted date the correction period starts to run as described in Paragraph 15.08.E. This extended correction period starts to run when Defective Work has been satisfactorily corrected under this Paragraph 15.08. G. Contractor's obligations under this Paragraph 15.08 are in addition to other obligations or warranties. The provisions of this Paragraph 15.08 are not a substitute for,or a waiver of, "`" the provisions of applicable statutes of limitation or repose. N ARTICLE 16—SUSPENSION OF WORK AND TERMINATION 16.01 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. a 61111 lr General Conditions 00 72 00-53 Corpus Christi Standards-Regular Projects 11-25-2013 r ( r 16.02 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; rig 5. Contractor's disregard of Laws or Regulations of public bodies having jurisdiction;or 6. Contractor's repeated disregard of the authority of OPT. 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 41E believed to be in financial distress due to the existence of one or more of the indicators listed in Paragraph 16.02.A.4. Owner may terminate 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 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 16.02.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 the Contract for cause. E. Owner may elect not to proceed with termination of the Contract under this Paragraph 16.02 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 16.02. 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. This cost to complete the Work may include related claims,costs, losses,damages, lir 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 General Conditions 00 72 00-54 Corpus Christi Standards-Regular Projects 11-25-2013 lir related claims,costs, losses,and damages exceeds the unpaid balance of the Contract Price. Claims,costs, losses,and damages incurred by Owner are to be reviewed as to their reasonableness and incorporated in a Change Order by OAR. Owner is not required to obtain the lowest price for the Work performed when exercising its rights or remedies under this paragraph. G. Termination 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. 4, 16.03 Owner May Terminate For Convenience ka 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: 1111 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 11.04.D.;and 3. Reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. 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. 16.04 Contractor May Stop Work or Terminate A. Contractor may terminate the Contract and issue a Change Proposal requesting payment from Owner on the same terms as provided in Paragraph 16.03 after 10 days' notice to OAR provided that,through no act or fault of Contractor: 1. The Work is suspended for more than 90 consecutive days by Owner; 2. OAR fails to act on an Application for Payment within 30 days after it is submitted;or 3. Owner fails to pay Contractor sums determined to be due,other than the final la payment,within 30 days after payment is recommended by OAR;and 4. OPT does not remedy this suspension or failure within 10 days after receipt of the notice. r B. Contractor may stop Work,without prejudice to other rights or remedies in lieu of terminating the Contract if OAR has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed to pay Contractor within 30 days after payment is recommended by OAR. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price tow or Contract Times for damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. rt*.' tit General Conditions 00 72 00-55 Corpus Christi Standards-Regular Projects 11-25-2013 r `r. ARTICLE 17—FINAL RESOLUTION OF DISPUTES mil 17.01 Methods and Procedures A. The Owner or Contractor may appeal a Claim,approved or denied in part or in full, by: is 1. Electing to invoke the dispute resolution process if one is provided for in the Supplementary Conditions; 2. Agreeing with the other party to submit the dispute to a dispute resolution process;or 3. Notifying the other party of the intent to submit the dispute to a court of competent jurisdiction if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to. ARTICLE 18—MISCELLANEOUS 18.01 Computation of Times A. Exclude the first day and include the last day when determining dates for a period of time es 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 Saturday,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. 18.02 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. 18.03 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: +a= 1. Laws or Regulations; 2. Special warranties or guarantees;or 3. Other provisions of the Contract Documents. B. The provisions of this Paragraph 18.03 are as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right,and remedy e to which they apply. lie General Conditions 00 72 00-56 Corpus Christi Standards-Regular Projects 11-25-2013 Yr 18.04 Limitation of Damages A. Owner's Indemnitees are not liable to Contractor for claims,costs, losses, or damages sustained by Contractor's Team associated with other projects or anticipated projects. 18.05 No Waiver <.. A. The failure of Owner or Contractor to enforce any provision of this Contract does not constitute a waiver of that provision,affect the enforceability of that provision,or the enforceability of the remainder of this Contract. 18.06 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. 18.07 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. 18.08 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. 18.09 Assignment of Contract A. This Contract may not be assigned in whole or in part by the Contractor without the consent of the Owner. 18.10 No Waiver of Sovereign Immunity A. The Owner has not waived its sovereign immunity by entering into and performing its obligations under this Contract. 18.11 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. 18.12 Conditions Precedent to Right to Sue S 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 116 set forth herein. i General Conditions 00 72 00-57 Corpus Christi Standards-Regular Projects 11-25-2013 lr 18.13 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. 18.14 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. Comply with all applicable federal,state, and city laws, rules and regulations. 18.15 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. 18.16 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 suspension or termination of the Contract. If the Contractor is terminated or suspended and the Owner requests remobilization at a later date,the Contract may request payment for 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. iie 18.17 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. {x; END OF SECTION its is General Conditions 00 72 00-58 Corpus Christi Standards-Regular Projects 11-25-2013 r Yr 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage 30-Day Notice of Cancellation required on Bodily injury and Property Damage Per all certificates or by policy endorsement(s) Occurrence/Aggregate Commercial General Liability including 1. Broad Form 2. Premises-Operations 3. Boom Collapse and Overload 4. Underground Hazard 5. Products/Completed Operations $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non Owned, Rented and Leased $1,000,000 Combined Single Limit Workers' Compensation Statutory Employer's Liability $500,000/500,000/ 500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Professional Liability (E &0) $1,000,000 per claim To be carried by Design Team Must continue for 3 years after project (Engineers, Architects) completion. 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and 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 policy or endorsement furnished under this Contract. Insurance Requirements E15114—Ayers Street CNG Station 00 72 01- 1 Exhibit C Page 1 of 10 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 1rr 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 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 ism under Article 16 of the General Conditions 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's Indemnitees 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. es 1.03 CONTRACTOR'S INSURANCE w 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 is coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). ea kx Insurance Requirements E15114—Ayers Street CNG Station 00 72 01-2 Exhibit C Page 2 of 10 �rA r�= B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. 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 ism 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; 4. By any other person for any other reason; and 5. 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 Section. Insurance is to remain in effective 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. Eliminate the exclusion with respect to property under the care, custody, and control of Contractor. Provide and maintain Installation Floater insurance for property under the care, custody,or control of Contractor in lieu of elimination of the exclusion,or if required by this Section. 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: is 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; ttr- e) Any loss to property while in transit; iit f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Ary loss to temporary Project Works if their value is included in the Contract Price. hi 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 Insurance Requirements E15114—Ayers Street CNG Station 00 72 01-3 Exhibit C Page 3 of 10 N adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery,fixture, 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 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. is 4. Severability of interest. 5. Underground explosion and collapse coverage. N 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. 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 the respective officers, directors, members, partners,employees, agents, consultants,and subcontractors for each named insured or additional insured; 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 iis professional services under this Contract. r Insurance Requirements E15114—Ayers Street CNG Station 00 72 01-4 Exhibit C Page 4 of 10 IN I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section 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 >rs resulting from the Contractor's performance of the Work and Contractor's other bw obligations under the Contract Documents,whether performed by Contractor, 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 by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy • that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 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 Section or those required by Laws.and Regulations and must comply with the requirements of Paragraph 1.06. 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 is 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 is Insurance Requirements E15114—Ayers Street CNG Station 00 72 01-5 Exhibit C Page 5 of 10 1rn 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. tim 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 1111 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 ctrl to any Defective workmanship,design, or materials exclusions. 11. Include testing and startup. is 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. 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 to the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. 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 Section. 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 Irr providing their own insurance. 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. its B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional Ir Insurance Requirements E15114—Ayers Street CNG Station 00 72 01-6 Exhibit C Page 6 of 10 is 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 contains provisions that the Subcontractor waive all rights against Owner's Indemnitees,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. 1.07 OWNER'S INSURANCE FOR THE 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 Pei limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event,Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds,or a additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 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: IIS 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. lirr 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. 2.02 CERTIFICATES OF INSURANCE iis 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 r Insurance Requirements E15114—Ayers Street CNG Station 00 72 01-7 Exhibit C Page 7 of 10 l fill 2. Form is a standard form deemed approved by the Department under Texas Insurance mow. 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. iar 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements,and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision,or modification of particular policy terms, conditions, limitations,or exclusions(except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised,or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. This applies to professional liability insurance only. a 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: 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. C. TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE a 2.06 WORKERS'COMPENSATION INSURANCE COVERAGE 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 Requirements E15114—Ayers Street CNG Station 00 72 01-8 Exhibit C Page 8 of 10 r insurance coverage for the person's or entity's employees providing services on a project,for the duration of the Project. Ir 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 is persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage is 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 Insurance Requirements E15114—Ayers Street CNG Station 00 72 01-9 Exhibit C Page 9 of 10 r 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. is I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: r 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: ire 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; Y1,4 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 ork 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 0 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. END OF SECTION Insurance Requirements E15114—Ayers Street CNG Station 00 72 01-10 Exhibit C Page 10 of 10 et- 1111 00 72 02 WAGE RATE REQUIREMENTS ARTICLE 1—PREVAILING WAGE RATE REQUIREMENTS 1.01 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. 1.02 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 p Subcontractor in the construction of the Work; and 2. The actual per diem wages paid to each worker. B. The record shall be open at all reasonable hours to inspection by the officers and agents of the Owner. 1.03 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§2258.053(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 or 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. 1.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: S Wage Rate Requirements 00 72 02-1 Exhibit G Err E15114 Ayers Street CNG Station 11-25-2013 Page 1 of 2 Wage Determination Construction Type Project Type (WD)No TX-31 Heavy Heavy Construction Projects(including Sewer and Water Line Construction and Drainage Projects) TX-40 Highway Highway Construction Projects(excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). TX-45 Heavy Pipeline-On-Shore Pipeline Construction rtiri TX-46 Heavy Pipeline-Off-Shore Construction TX-51 Building Building Construction Projects(does not include residential construction consisting of single family homes and apartments up to and including 4 stories) TX-75 Heavy Dredging projects along the Texas gulf coast area including all public channels, harbors, rivers,tributaries and the Gulf Intracoastal Waterways. TX-81 Heavy Tunnel Construction Projects(Bored,48" In Diameter Or More) END OF SECTION �.R ailm trf- S Wage Rate Requirements 00 72 02-2 Exhibit G E15114 Ayers Street CNG Station 11-25-2013 Page 2 of 2 pro No 00 73 00 SUPPLEMENTARY CONDITIONS it 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. Delete Paragraph 1.01.A.6.entirely. P. B. Delete Paragraph 1.01.A.7.entirely. Ng C. Delete Paragraph 1.01.A.8. entirely. D. Delete Paragraph 1.01.A.9. entirely. E. Delete Paragraph 1.01.A.10. entirely. F. Add the following sentence to the end of Paragraph 1.01.A.22: "In a Design-Build Contract,the term Contractor includes the Design-Builder." G. Add the following sentence to the end of Paragraphs 1.01.A.26: "In a Design-Build Contract,the term Designer includes the Design-Builder." H. Delete Paragraph 1.01.A.41. entirely and insert the following: air "41. Owner's Project Team or OPT—The Owner and the Owner's Authorized Representative." I. Delete Paragraph 1.01.A.49. entirely. IN J. Add the following term as Paragraph 1.01.A.62: "Design-Builder—A team that includes a licensed engineer and a construction contractor to provide design and construction services,selected by the Owner under Chapter 2269 of the Texas Government Code." K. Add the following term as Paragraph 1.01.A.63: Yes "Project Manual—That portion of the Contract Documents which may include the following: introductory information; solicitation requirements and responses, proposal, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings, Project Safety Manual;and Addenda." ARTICLE 2—PRELIMINARY MATTERS 1s SC-2.03 BEFORE STARTING CONSTRUCTION A. Delete Paragraph 2.03.A.entirely and insert the following: !rr Supplementary Conditions 00 73 00DB-1 E15114 Ayers Street CNG Station 7-1-2015 Ir "2.03 Design-Builder's Design Phase Services rlr A. Design-Builder's Representative shall be an employee of the Design-Builder(unless this requirement is waived in writing by the Owner)shall be reasonably available to Owner, and shall have the necessary expertise and experience required to supervise the Work. Design-Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design-Builder. Design-Builder shall replace the Design-Builder's Representative upon Owner's request in the event the Design-Builder's Representative is unable to perform to Owner's satisfaction. B. Design-Builder shall provide Owner with a monthly status report detailing the progress of the Work, including whether(i)the Work is proceeding according to schedule, (ii) discrepancies,conflicts,or ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist in connection with the Work,and (iv) other items require resolution so as not to jeopardize Design-Builder's ability to complete the Work for the Contract Price and within the Contract Time(s). C. Design-Builder shall prepare and submit, at least three(3) days prior to the meeting iser contemplated by Section 2.03.D hereof,an initial schedule for the execution of the Work for Owner's review and approval. The initial schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design-Builder to achieve the Contract Time(s). The schedule shall be revised by the preliminary schedule and as required by conditions and progress of the Work, but such revisions shall not relieve Design-Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. Owner's review of and response to the initial schedule shall not be construed as relieving Design- s* Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. Design-Builder's schedules shall identify the critical path for completing the Work. its D. The parties will meet within seven (7)days after execution of the Agreement,to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals and payment,to facilitate the ability of the parties to perform their obligations under the Contract Documents. Design- Builder shall submit the following to Owner's Representative for Owner's review and approval no later than the meeting contemplated in this paragraph: 1. Letter designating Design-Builder's Representative; and 2. Completed Statement of Non-Inclusion of Asbestos Containing Material (Design Consultant-Prior to Design)." 3. Preliminary Schedule of Values for all of the Work.The Final Schedule of Values for the Construction Phase services portion of the Work will be approved at the time of Owner's acceptance of the GMP. The approved Initial Schedule of Irllir Values will (i)subdivide the Work into its respective parts, (ii) include values for max. all items comprising the Work and (iii) serve as the basis for monthly progress Supplementary Conditions 00 73 00DB-2 E15114 Ayers Street CNG Station 7-1-2015 Yr N N payments made to Design-Builder throughout the services of the Work. This Initial Schedule of Values will include but separately itemize the services for the Preliminary Phase Services, and the Professional Services Fee,from the cost of Construction. 4. Proposed Production Schedule for Preliminary Phase Services and Professional Services Fee in the form and substance required by the Agreement which will be used for determining the amount to be paid for those services over the duration of the Contract. E. Design-Builder shall not substitute any Subcontractor,Sub-Subcontractor, person or 1r► organization that has been accepted by Owner, unless the substitute has been accepted in writing by Owner. F. Design-Builder shall,consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design-Builder,or procured from qualified, independent licensed Design Consultants,the necessary design services, including architectural,engineering and other design professional services,for the preparation of the required drawings,specifications and other design submittals to permit Design-Builder to complete the Work consistent with the Contract Documents. it Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Design Consultant. G. The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession $ , practicing under similar conditions at the same time and locality of the Project. Notwithstanding the preceding sentence, if the parties agree upon specific performance standards for any aspect of the Work,which standards are to be set forth in an exhibit to the Agreement entitled "Performance Standard Requirements,"the design professional services shall be performed to achieve such standards. H. Design-Builder and Owner shall, consistent with any applicable provision of the Contract Documents,agree upon any interim design submissions that Owner may wish to review, us which interim design submissions may include design criteria,drawings,diagrams and specifications setting forth the Project requirements. On or about the time of the scheduled submissions, Design-Builder and Owner shall meet and confer about the submissions,with Design-Builder identifying during such meetings, among other things, the evolution of the design and any significant changes or deviations from the Contract Documents,or, if applicable, previously submitted design submissions. Minutes of the meetings will be maintained by Design-Builder and provided to all attendees for review. Following the design review meeting, Owner shall review and approve the interim design submissions in a time that is consistent with the turnaround times set forth in Design-Builder's schedule. I. Design-Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions,as such submissions may have been modified in a design review meeting. tw Supplementary Conditions 00 73 00DB-3 E15114 Ayers Street CNG Station 7-1-2015 S The parties shall have a design review meeting to discuss, and Owner shall review and approve,the Construction Documents in accordance with the procedures set forth above. Design-Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit two sets of approved Construction Documents to Owner prior to commencement of construction. Y J. Owner's review and approval of interim design submissions and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any interim design submissions and Construction Documents shall be deemed to transfer any design liability from Design-Builder to Owner. K. To the extent not prohibited by the Contract Documents or Legal Requirements, Design- Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. L. Design-Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. M. The Contract Price and/or Contract Time(s)shall be adjusted to compensate Design- Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work,or if a Guaranteed Maxirnum Price is established after the date of the Agreement,the date the parties agree upon the Guaranteed Maximum Price. Such effects may include,without limitation, revisions Design-Builder is required to make to the Construction Documents because of changes in Legal Requirements. S N. Except as otherwise provided in the Contract Documents, Design-Builder shall obtain and pay for all necessary permits,approvals, licenses,government charges and fees required for the prosecution of the Work by any government or quasi-government entity having jurisdiction over the Project. lr O. Design-Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner's responsibility." ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions,delays in delivery of equipment and materials, and other impacts related to rain days when Supplementary Conditions 00 73 00DB-4 E15114 Ayers Street CNG Station 7-1-2015 I�r developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 30 rain days have been set for this Project. An extension of time due to rain days will be considered only after 30 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. Delete Paragraph 5.03 entirely and insert the following: "5.03 Subsurface and Physical Conditions B. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. Design-Builder shall be responsible for all surface and subsurface investigations." SC-5.04 DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS A. Delete Paragraph 5.04 entirely and insert the following: "5.04 Differing Subsurface or Physical Conditions B. Design-Builder shall be responsible for all surface and subsurface investigations. Owner shall have no liability for differing conditions." SC-5.05 UNDERGROUND FACILITIES A. Delete Paragraph 5.05 entirely and insert the following: "5.05 Underground Facilities Supplementary Conditions 00 73 00DB-5 E15114 Ayers Street CNG Station 7-1-2015 N ggg A. Design-Builder shall be responsible for identifying all underground facilities at or adjacent to the Site. Owner shall have no liability for differing conditions." SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. Delete Paragraph 5.06 entirely and insert the following: "5.06 Hazardous Environmental Conditions at Site A. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner. Design-Builder shall be responsible for all explorations or tests. Owner shall have no liability for differing conditions." N ARTICLE 6—BONDS AND INSURANCE SC-6.01 PERFORMANCE, PAYMENT AND OTHER BONDS A. Delete Paragraph 6.01.A. entirely and insert the following: wot "A. Furnish Performance and Payment Bonds as security for the faithful performance and payment of Contractor's obligations under the Contract Documents. If a fixed contract amount or guaranteed maximum price has not been determined at the time a design-build contract is awarded,the amount of each bond must equal the construction budget. Otherwise,the amount will equal the contract amount. 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." S ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.06 PERMITS A. Delete Paragraph 7.06.A.entirely and insert the following: Irw "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 Proposal is submitted or when Contractor negotiates the Contract Price." SC-7.15 DELEGATION OF PROFESSIONAL DESIGN SERVICES ills A. Delete Paragraph 7.15. entirely. N END OF SECTION N Supplementary Conditions 00 73 00DB-6 E15114 Ayers Street CNG Station 7-1-2015 S 00 50 OODB DESIGN-BUILD AGREEMENT II This AGREEMENT, for the Project awarded on June 16, 2015, is between the City of Corpus ro Christi (Owner) and Zeit Enemy. LLC. Design-Builder), for services in connection with the as Project identified below: PROJECT: Ayers Street CNG Station, Corpus Christi, Texas, RFQ No. 2015-01, Project ID No. E15114. In consideration of the mutual covenants and obligations contained herein, Owner and Design-Builder agree as set forth herein. v.,. ARTICLE 1 — SCOPE OF WORK AND FIXED PROJECT BUDGET ev 1.1 Design-Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents. There is a fixed project budget, of IN $1,500,000.00 ("Fixed Project Budget") for the Project, including contingencies, as described below. During the preconstruction phase and as the design of the Project progresses, the Owner, based on the information and professional services provided by the Design-Builder, may modify the Fixed Project Budget from time to time based on modifications in the design, the detailed statement of probable construction cost and identification of a source of funds. The Fixed Project Budget, as established by the Owner, will be the amount of funds which Owner, upon approval of City council, will have available ie1 for the payment of all costs for the Project, including the Cost of the Work and the Design- Builder's Fee for construction phase services. Following Schematic Design Services, the Owner will review and issue a Notice to Proceed for the remainder of the Design-Build services. In accordance with Article 15 of the General Conditions, the Contract Price for all services and work will be $1,597,271.39. The Contract Price includes the Base Bid amount of$1,488,777.09 plus the following additive alternates: Pricing Option 1 for a Compression Upgrade at $42,426.48, Pricing Option 2, a Priority Panel Upgrade at $11,629.92 and Pricing Option 3, for a Storage Capacity Upgrade at$54,437.90. The scope of services upon which the Contract Price will be based is attached as Exhibit A to this Agreement and made a part hereof. 1.2 Phases of Services and the Work. The services and the Work to be performed by or *`" through the Design-Builder shall be divided into the Preconstruction Phase and the Construction Phase. The Work to be performed under the Construction Phase may commence before the Preconstruction Phase is completed. However, no Work shall commence under the Construction Phase until a Notice to Proceed with regard to such Work has been issued by the Owner in accordance with the terms of the Contract. 1.3 Preconstruction Phase Services 1.3.1 As part of the Request for Qualifications documents for this Project, Design-Builder received the Owner's program requirements and objectives for the Project, and which is incorporated by reference herein. Design-Builder has provided to owner preliminary design specifications and an initial project schedule for the design and construction phases of the Project. iim Page 1 of 11 E15114 Ayers Street CNG Station 1.3.2 Schematic Design Documents. Design-Builder shall prepare Schematic Design IN Documents. The Design-Builder shall prepare schematic design options to meet architectural design program requirements for Owner's consideration. The Owner will review and approve the schematic design options to be developed for final Schematic Design Documents. The parties shall meet to discuss the Schematic Design Documents and agree upon what revisions, if any, should be made. Design-Builder shall perform such agreed-upon revisions. is .1 As part of the Schematic Design Documents, the Design-Builder shall establish wH an architectural design program for Owner's review and approval in narrative form, describing major functional elements, space requirements and relationships between the elements, requirements within each space (environmental, acoustical, lighting, electrical, communications, cabinetry, security, etc.), site development requirements, code requirements, aesthetic ar requirements and other special considerations. Design-Builder shall include programming efforts such as reviewing existing building and site conditions, reviewing existing record documents, making measured drawings of existing construction as necessary, interviewing personnel, reviewing inventories of furniture, equipment and materials, attending meetings and taking other actions as necessary to establish the scope of the Project as dictated by the Owner's needs. re 1.4 Quality Control Plan (QCP) 1.4.1 The Design-Builder agrees to perform quality assurance-quality control/ constructability reviews in accordance with the Design-Builder's approved Quality Control Plan (QCP), that is incorporated by reference and which includes any subsequent revisions approved by Owner. The QCP is to be submitted to the Owner mi for approval prior to the Owner's issuance of a Notice to Proceed to the Design-Builder. In addition to providing the reports required by the QCP, the Design-Builder agrees to address any QCP comments from the Owner and provide resolution to the Owner's satisfaction. In the event the Owner retains a separate consultant to perform additional QCP services for the Owner, the Design-Builder will comply with the Professional Services Procurement Act to the extent applicable and the City's HUB Ordinance. Design-Builder will provide all necessary information to the Owner, address any comments from the Owner's consultant, and provide resolution to the Owner's satisfaction. The Design-Builder shall include this language in all its subconsultant contracts to ensure subconsultants understand their responsibility for complying with the Owner's or Owner's consultant's QCP requirements. 1.4.2 The QCP reviews will be performed by a staff member of the Design-Builder not involved in day-to-day Project tasks. If the Design-Builder does not have the internal staff capacity to provide for this independent review, the Design-Builder must include a QCP subconsultant on the project team. The person performing the QCP reviews shall certify,seal and attest that the final construction bid documents have been drafted in full compliance with the QCP. 1.4.3 The Design-Builder will perform QCP reviews at intervals during the design phase, specified in the QCP, to ensure plans, specifications, and drawings satisfy accepted Page 2of11 E15114 Ayers Street CNG Station r quality standards and meet the requirements of the project scope. Based on the findings of the QCP reviews, the Design-Builder must reconcile the project scope and budget as needed. Documentation will be included that verifies interdisciplinary coordination has occurred. 1.4.4 The Design-Builder will perform constructability reviews, using persons with construction experience, at appropriate intervals, during the design phase, specified in the QCP to ensure that the project is buildable, as well as cost-effective, biddable, and maintainable. Based on the findings of the constructability reviews, the Design Builder shall redesign the project, as required, to conform to the Fixed Construction Budget. The Design-Builder will provide interim construction estimates to verify that the project is within the Fixed Construction Budget. 1.4.5 Acceptance and/or approval of the Design-Builder's QCP documentation by the Owner do not constitute a release of the responsibilities and liability of the Design-Builder for the accuracy and competency of its QCP reviews and final construction documents. ARTICLE 2 — CONTRACT DOCUMENTS 2.1 The Contract Documents are comprised of the following: 2.1.1 All written modifications, amendments and Change Orders to this Agreement issued in accordance with Article 11 of the General Conditions of Contract Between Owner and Design-Builder ("General Conditions of Contract"); 2.1.2 Request for Qualifications NO. 2015-01 (including technical proposal and cost proposal submitted by Design-Builder) ,44 mat 2.1.3 This agreement, including all exhibits and attachments; 2.1.4 Written Supplemental General Conditions, if any, to the General Conditions of Contract; 2.1.5 The General Conditions of Contract; 2.1.6 Construction Documents prepared and approved in accordance with this Agreement, the Scope of Work and the General Conditions of Contract; rr 2.1.7 The following documents, if any: .1 the documents contained in the Project Manual and not otherwise specifically referenced above. ter. .2 the Request for Qualifications Documents, specifically including the HUB requirements contained therein. .3 the Design-Builder's Response submittals to Request for Qualifications of Owner. Page 3 of 11 E15114 Ayers Street CNG Station a ARTICLE 3 — INTERPRETATION AND INTENT 3.1 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. 3.2 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 3.3 The Contract Documents form the entire agreement between Owner and Design Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. it ARTICLE 4 — OWNERSHIP AND USE OF DOCUMENTS 4.1 All Project Drawings and Specifications and other work product ("Work Product") produced by the Design-Builder under this Agreement are the property of the Owner. The Design-Builder may not provide copies of the Work Product to third parties or otherwise use the Work Product covered by this subsection without the express prior written approval of the Owner. 4.2 The Design-Builder agrees that the Work Product, which is to be delivered under this Agreement, and which is to be paid for by the Owner, is subject to the rights of the Owner in effect on the date of this Agreement. These rights include the right to use, duplicate and disclose such items in whole or in part, in any manner and for whatever purpose, and to have others do so. The Design-Builder shall not copyright or otherwise claim Ownership of the Work Product covered by this subsection. The Design-Builder shall include appropriate provisions in its subconsultant contracts to achieve the purpose of this subsection. 4.3 All Work Product furnished by the Design-Builder is considered instruments of its services for this Project. It is understood that the Design-Builder does not represent the Work Product to be suitable for reuse on any other project or for any other purpose(s). If the Owner reuses the Work Product for another Project without the Design-Builder's specific written verification or adaptation, such reuse will be at the risk of the Owner, without liability to the Design-Builder. 4.4 If the Design-Builder is terminated under this Agreement,the Owner may continue the Project and Design-Builder shall deliver a complete set of the Drawings, Specifications, and other Work Product within fourteen (14) calendar days of the notice of termination in the format designated by the Owner. The Owner may have these documents completed, corrected, revised or added to by another design professional in accordance with Title 22, Chapter 137.33(i) of the Texas Administrative Code. r Page 4 of 11 E15114 Ayers Street CNG Station r 4.5 Record Documents. Design-Builder shall provide Owner one complete copy of the Work Product in electronic file formats (CD-R). Drawings shall be prepared with computer- aided design and drawing technology utilizing the Owner's CADD Standards, which will be provided to Design-Builder. The record documents shall reflect any changes (Field Order, Change Orders, Work Change Directives, etc.) made subsequent to the Owner's receipt of r approved Construction Documents. Copies of the record documents that may be relied upon by Owner are limited to the printed copies that are signed and sealed by the Design-Builder's architect of record. Electronic files of record documents that are furnished by Design-Builder (rir to Owner are only for the convenience of Owner. 4.6 Records Retention Policy and Access. Design-Builder shall retain copies of all Work Product, Record Documents and other Project records, including but not limited to acceptable accounting records, (the "Records") for a minimum of three (3) years from the date of final acceptance of the Work or such longer period of time as would be reasonably required in the event of any litigation arising out of or connected to the Project or this Agreement or as required by the terms of any applicable grant(s). Owner and any other regulatory entity with jurisdiction over the Project shall have reasonable access at all times to the Records for the purpose of making copies, excerpts, and transcriptions, and conducting audits and ei examinations. 4.6.1 Owner's Right to Audit. Owner shall have the right to perform audits on the Records and the Records of subcontractors and subconsultants in accordance with ma the General Conditions of the Contract. ARTICLE 5 — CONTRACT TIME S 5.1 Date of Commencement. The Work shall commence within five (5) days of Design Builder's receipt of Owner's Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. k 5.1.1 Phases of Services and the Work. The services and the Work to be performed by or through the Design-Builder shall be divided into the Preconstruction Phase and the Construction Phase. The Work to be performed under the Construction Phase may commence before the Preconstruction Phase is completed. However, no Work shall commence under the Construction Phase until a Notice to Proceed with regard to such irr Work has been issued by the Owner in accordance with the terms of the Contract. 5.2 Substantial Completion and Final Completion i r 5.2.1 Substantial Completion of the entire Work shall be accomplished no later than 2QQ calendar days from written Notice to Proceed with Design Phase Services, which date shall be the"Scheduled Substantial Completion Date". 5.2.2 Interim milestones and/or Partial Substantial Completion of identified portions of the Work shall be achieved as follows: S .1 Interim milestones and/or Partial Substantial Completion dates for portions of the Work, if any, are determined and agreed upon as part of the Schematic ali Design services. r Page 5 of 11 E15114 Ayers Street CNG Station Illrr C i 5.2.3 Final Completion of the Work or identified portions, and resolution of all unresolved Claims of the Work shall be achieved no later than 7 calendar days lie following Scheduled Substantial Completion Date. 5.2.4 The Scheduled Substantial Completion Date set forth in this Article 5 ("Contract Time(s)") shall be subject to adjustment in accordance with the General Conditions of Contract. r 5.3 Time is of the Essence. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. rPf 5.4 Liquidated Damages. 5.4.1 Design-Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult as to determine and accurately specify. Design-Builder agrees that if Substantial Completion is not attained by the Scheduled Substantial Completion (the"LD Date"), PPgP Design-Builder shall pay Owner six hundred eighty dollars and zero cents ($680.00) as liquidated damages for each day that Substantial Completion extends beyond the LD Date. PpP 5.4.2 In addition, if Final Completion is not attained by 7 calendar days following Scheduled Substantial Completion Date ("Final Completion Liquidated Damages Date"), Design-Builder will pay Owner six hundred eighty dollars and zero cents ($680.00) as Liquidated Damages for each day Final Completion extends beyond the Final Completion Liquidated Damages Date. 5.4.3 Owner reserves the right to either liquidated damages provided herein or actual wr damages. Actual damages include, but are not limited to, any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or «¥ consequential, and of whatsoever nature incurred by Owner which are occasioned by any delay in achieving Substantial Completion or Final Completion. is 5.4.4 To the extent that the parties enter into a Work Authorization Amendment for a portion of the Work (a Work Package for less than the entire scope of the Work), the parties may agree therein to a required Substantial Completion Date for such portion of the Work and separate Liquidated Damages for the Design-Builder's failure to P achieve Substantial Completion of such portion of the Work within the Contract Time Requirements provided therein. The Liquidated Damages set out in a Work Authorization Agreement for a portion of the Work shall be in an amount which bears the same ratio to the Liquidated Damages for the entire Work's Fixed Construction Budget, as set forth above, as the estimated Cost of the Work of that Work Package (as reflected in the GMP Proposal) bears to the Fixed Construction Budget. The total value of liquidated damages set out in a Work Package will, upon Substantial Completion of that Work Package, proportionately reduce the overall total liquidated damages that could be assessed by the Owner for the entire Work. 5.4.5 Notwithstanding anything to the contrary contained herein, the maximum amount of Liquidated Damages that may be assessed against and paid by Design- Builder shall not exceed in the aggregate the amount of the sum of the Design- r, Page 6 of 11 E15114 Ayers Street CNG Station I r Builder's Preconstruction Phase Fee and the Design-Builder's Construction Phase Fee as set forth below, prior to any adjustment as authorized by the Contract Documents. This maximum amount of liquidated damages shall not apply to the amount of delay damages recoverable by the Owner in an action brought against the Design-Builder for delay in achieving Substantial Completion as required herein in the event that the Liquidated Damages are held by the applicable court or arbitration panel to be unenforceable as a penalty, except where the Liquidated Damages are held to be unenforceable as a result of a legal challenge in such action by the Owner. I 5.5 Warranty Period. The warranty period will commence on the date of Substantial Completion of the entire Project and continue for one calendar year thereafter. Design- Builder's general warranty and guarantee obligations are set out in the General Conditions of the Contract. ARTICLE 6 — Contract Price 6.1 Any additional compensation that may be required by reason of Owner requested changes to previously approved Work Product or Owner requested increases in scope of +�+ Project, if allowed, shall be executed as a Change Order to this Agreement in accordance with the applicable provisions of the General Conditions, provided, however, that the correction of previously approved Work Product, which is in error or omission, or to correct deficiencies in Work, will not be eligible for additional compensation. 6.2 Payments for Schematic Design Phase and Professional Services shall be made monthly in proportion to services performed within each Phase of services, on the basis set forth in Articles 1 and 7, respectively is ARTICLE 7 — PROCEDURE FOR PAYMENT 7.1 Progress Payments rrr 7.1.1 Design-Builder shall submit applications for Progress Payments to Owner no more than once a month and in accordance with Article 15 of the General Conditions of Contract. 7.1.2 Owner shall make payment within thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Article 15 of the General Conditions of Contract. 7.2 Retainage on Progress Payments ar 7.2.1 Owner will retain five percent (5%) of the construction cost component of each 1 Application for Payment until final payment. ar 7.2.2 If the Work is near completion and delay occurs due to no fault or neglect of Design-Builder, Owner may pay a portion of the retained amount to Design-Builder. Pane 7of11 E15114 Ayers Street CNG Station Lft 7.3 Record Keeping and Financial Controls. Design-Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and as may be provided in the Contract Documents. During the performance of the Work and for a period of three (3)( ) years after Final Payment, Owner and Owner's accountants and other designees shall be afforded reasonable access to audit in accordance with General Conditions of the Contract. ARTICLE 8 — TERMINATION FOR CONVENIENCE t 8.1 Upon ten (10) days'written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design- Builder for the following: 8.1.1 All Work executed and for proven loss, cost or expense in connection with the Work; 8.1.2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; 8.1.3 The Design-Builder's Fee only on the sum of items .1 and .2 above. No overhead, profit, or Design-Builder's Fee will be paid on unperformed work. 8.2 If Owner terminates this Agreement pursuant to Section 8.1 above and proceeds to design and construct the Project through its employees, agents or third parties, Owner's rights to use the Work Product shall be as set forth in Article 4. 8.3 Termination by Owner. Article 16 of the General Conditions includes additional provisions for Termination by Owner, which are incorporated herein by reference. ARTICLE 9 — REPRESENTATIVES OF THE DESIGN-BUILDER 9.1 Design-Builder designates the individual listed below as its Senior Representative ("Design-Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under the General Conditions of Contract: Identify individual's name, title, address and telephone numbers. Patrick Zeiter, CEO 1717 McKinney Avenue, Suite 700 ,41 Dallas, Texas 75202 patrick@zeitenergy.com 214-244-1926 9.2 Design-Builder designates the individual listed below as its Design-Builder's Representative, which individual has the authority and responsibility set forth in the General Conditions of Contract: Identify individual's name, title, address and telephone numbers. Page 8 of 11 E15114 Ayers Street CNG Station a ARTICLE 10 — BONDS AND INSURANCE 10.1 Insurance. Design-Builder shall procure the following insurance coverages: The specific insurance coverage requirements applicable to this Project are set forth in Exhibit C of RFQ 2015-01. W 10.2 Bonds and Other Performance Security. Design-Builder shall provide the following performance bond and labor and material payment bond or other performance security: The specific bond coverage requirements applicable to this Project as set forth in the General Conditions and the Supplemental General Conditions. Design-Builder must provide the bonds at the time of contract execution. a Additional requirements regarding such bonds not in conflict herewith are as set forth in the General Conditions and the Supplemental General Conditions. Design-Builder shall keep the Surety informed of the progress of the Work, and, where necessary, obtain the Surety's consent to and waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other material change required by the Surety. Owner may, in its sole discretion, inform the Surety of the progress of the Work and obtain consents as necessary to protect Owner's rights, interest, privileges, and benefits under and pursuant to any bond issued in connection with the Work 1 rj ARTICLE 11 — OTHER PROVISIONS f,P 11.1 In providing services hereunder, Design-Builder shall comply with the applicable provisions of Chapter 1001 of the Texas Occupations Code: the Texas Engineering Practices lid Act, and Article 249a of Vernon's Texas Civil Statutes with respect to the practice of architecture, and the purchasing requirements of Section 361.426 of the Texas Health and Safety Code. 11.2 Nothing in this Agreement is intended to or shall be construed to create any independent legal or contractual relationship between Owner and Design-Builder's Design Consultant. 11.3 At Owner's sole option, any items of personal property, which have been purchased in connection with the performance of the Work, which still have some use for their intended purpose and which are otherwise transferable, specifically including but not limited to any office equipment, computer hardware and computer software, shall be provided to Owner upon final completion of the Work or, as applicable, completion of the Warranty Period. r Page 9of11 E15114 Ayers Street CNG Station �Ffi ila i i10 11.4 The Design-Builder covenants with Owner to furnish its best skill and judgment in the management of the Project, to furnish efficient business administration and superintendence, to use its best efforts to furnish at all times an adequate supply of skilled workers and material and to perform the Work in the best way and in the most expeditious and economical manner consistent with the intent of the Project, provided that Design-Builder shall at all times exercise complete control over the means, methods and techniques of construction. In executing this Agreement, Owner and Design-Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein Signatures on next page le ear ea ea ee Page 10 of 11 E15114 Ayers Street CNG Station vo, No ATTEST Cl P • 0• P • J Rebecca Huerta City Secretary Jeff:ry Edmonds flit Director of Capital Programs (Engineering) fi N APPROVED AS TO LEGAL FORM: /�G 1420 :clz I NU.ctLsa net L. Kellogg 2 X—"(114-5)- CIRACit Assistant City Attorney -- �alswee.M. SECR£TA�•RrY ATTEST(IF CORPORATION) DESIGN-BUILDER (Seal Below) By: C(:n4 Q e.cGvC\-‘Uvv ,,\ Title: AAtta ,i�n3 et Mbec / Co if t V o Note: Attach copy of authorization to sign person signing for DESIGN-BUILDER is not President, Vice President,Chief Executive Officer, Lin n Ade —WO or Chief Financial Officer Address pa11 s \x 75�o City State Zip 8f- - N \ aiq-5413-33yy Phone Fax 61t1 I-er\e(Di c�rr EMail 1 118 END OF SECTION N N r Page 11 of 11 E15114 Ayers Street CNG Station ras } Exhibit"B-1" REQUEST FOR QUALIFICATIONS(RFQ)NO.2015-01 DESIGN—BUILD SERVICES FOR THE AYERS STREET CNG STATION CITY OF CORPUS CHRISTI.TX DISCLOSURE OF INTEREST 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 reverse side for Filing Requirements,Certifications and definitions. COMPANY NAME: 2e.;1 E; . Y LLL, P.O.BOX: STREET ADDRESS: 1717 Mc .k,liney Ave •.ia7�CITY •p j ns, Tx. ZIPIN 7�?�2. FIRM IS: 1. Corporation 0 2. Partnership 0 3. Sole Owner5 ❑ 4. Association 0 5. Other LLL- b%�. nor � . s1. If additional space is necessary, DISCLOSURE use h QUESTIONS p ry, please use the reverse side of this page or attach separate st. 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) nolie 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 Nil 3.State the names of each'board member'of the City of Corpus Christi having an'ownership interest'constituting 3%or more of the ownership in the above named"firm.' wrr Name Board,Commission or Committee ,tat 4.State the names of each employee or officer of a"consultant'for the City of Copus 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.' is Name Consultant IRFQ NO.2015-01 Page 16of281 a as S S FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action win have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City' official,employee or body that has been apppauestnte. to disclosu matter also be m de Ins a signethed City filed withtheCity Secrem mer is (LEthics Ordinance Section 2-349(d)J N CERTIFICATION 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 irrr statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. .-w Certifying Person: Title: C-60 r J f (Type or Print) Signature of Certifying /t/4 Date: Person: 44 DEFINITIONS a. "Board Member". A member of any board, commission, or committee that has been appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic Benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "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. es d. "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 is person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. 'Official.-The Mayor, members of the City Council, City Manager, Deputy City Manager, ireAssistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "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." g. "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. S RFQ NO.2015-01 Page 17 of 28 N S 4 Premium based on final contract price and is subject to adjustment BONDS EXECUTED IN FOUR COUNTERPARTS Premium:$26,959.00 lie 00 6113 PERFORMANCE BOND BOND NO. CA 4011619 Contractor as Principal Surety Name: Zeit Energy.LLC Name: Great American Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 1717 McKinney Ave..Suite 700 1255 Treat Blvd.STE 810 Dallas.TX 75202 Walnut Creek,CA 94596 Physical address(principal place of business): Owner Name: City of Corpus Christi,Texas fie Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Ohio Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Contract Project name and number: Telephone(main number): Design Build Contract—Proiect No.E15114 Avers 925-988-2245 Street CNG Station Telephone(for notice of claim): 513-369-5000 Local Agent for Surety Name: Wells Fargo Insurance Services USA, Inc. Award Date of the Contract: June 16,2015 Address: 1039A N. McDowell Blvd. Contract Price: S1,597.271.39 Petaluma, CA 94954 Bond Telephone: 707-773-1895 E-Mail Address: nancy.waliisaweilsfargo.com a`4;;, Date of Bond: July 7,2015 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept.of insurance by calling the this instrument in 4 copies,each one of which shall following toll-free number:1-800-252-3439 be deemed an original. Performance Bond 00 61 13-1 E15114 Ayers Street CNG Station REV07-03-2014 Exhibit E Page 1 of 2 N N Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators,executors,successors and ilia assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said ,r. Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Princii al ZeitEnergy, LLC. Surety Gre American Insurance Ciii ny ___ Signature: // Signature: I I 44„, Name: C 1 j� 8€4vC 4,41 Name: Nancy L. Ills Title: 444047 1 nr /1/1{,µ6(( C o Title: Attorney-in-Fact i11 Email Address: lts6•rito,-{ evlev31 , cow, Email Address: wwilson@GAIC.com �t + (Attach Power of Attorney and place surety seal below) N 111 i END OF SECTION N N Performance Bond 00 61 13-2 E15114 Ayers Street CNG Station REV 07.03.2014 Exhibit E Page 2 of 2 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 rcrc cr ra`ccrcccrerecr rrcccc cit zxcfeccccmc�cx�xtirc�cars.csxc..:rrs �c�r�r�esrecressa a A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Sonoma On July 7, 2015 before me, Stacy M. Clinton, Notary Public Date Here Insert Name and Title of the Officer personally appeared Nancy L.Wallis Name(s) of Signer(s) PAP who proved to me on the basis of satisfactory evidence to be the person whose name j is/arf 1111 sub tribe to the within instrument and acknowledged to me that /she/th, y executed the same in h''1/heri r authorized capacityn),and that Yom,b �,(/her/tJir signature(4'on the instrument the person(' 6r the entity upon behalf of whit i the person/acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and co -ct. .; STACY M. CLINTON WITNESS m, •. • an offi 'al seal. Commission # 1955319 it7:;, Notary Public-California z Jr 4•• , Sono,,.rcunty Signature gri is My Comm.Exrires_3ov 3.2015 S f - of Notary Public Place Notary Seal Above 1111 OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — Limited ❑General Li Partner — ❑ Limited El General ❑ Individual X Attorney in Fact E Individual Attorney in Fact ❑Trustee l Guardian or Conservator ❑Trustee CI Guardian or Conservator __ ❑Other: CI Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 MI r r GREAT AMERICAN INSURANCE COMPANY® is Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SEVEN No.0 14947 POWER OF:YITORNEY KNOWALL iEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio.does hereby nominate,constitute and appoint the person or persons named below.each individually if more than one is named,its true and lawful attorney-in-fact.for it and in its name,place and stead to execute on behalf of the said Company.as surety,any and all bonds. undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address I.imit of Power K.DIXON WRIGHT MICHAEL LANDUCCI ALL OF ALL STACY M.CLINTON KANDACE L.REEVES PETALUMA, $100,000,000.00 CATHERINE A.PINNEY NATALIE ANN HORDER CALIFORNIA NANCY L.WALLIS a This Power of Attorney revokes all previous powers issued on behalf of the attorneys)-in-fact named above. ffwv, IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to he signed and attested by its appropriate officers and its corporate seal hereunto affixed this 4TH day of MARCH . 2015 Attest GREAT AMERICAN INSURANCE COMPANY e. Cada lcuctanr Sec n•wn ��• I)ivssu nal Senior lice President STATE OF OHIO.COUNTY OF HAMILTON-s5'. DAVID C.KITCHIN(877-377.24051 On this 4TH day of MARCH . 2015 , before me personally appeared DAViD C. KiTCIIIN, to me known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio.that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument:that he knows the seal of the said Company:that the seal affixed to the said instrument is such corporate seal:that it was so affixed by authority of his office under the By-Lasss of said Company,and that he signed his name thereto by like authority 0-F4 sc?.7.44./441 JENNIFER MARIE HIPPY •. . NOTARY PUBLIC,STATE OF OHIO Yy Glxrnrwssion Expires 8.23- This Power of Attorney is granted by authority of the filllossing resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9.2008. RESOLI'ED: That the Divisional President,the several Divisional Senior I ice Presidents.Divisional lice Presidents and Divisonal Assistant!ice Fps Presidents,or any one of them,be and hereby is author,:ed.from time to time.to appoint one or more Attorneys-in-Fact to execute on behalf of the Company. as surety;any and all bonds,undertakings and contracts of suretyship.or other written obligations in the nature thereof to prescribe their respective dunes and the respective limits of their authority;and to revoke any such appointment at any time. RESOLI ED FURTHER: That the Company seal and the signature of any of line aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to anypower ofattorney or certificate ofeither or the execution ofany bond.undertaking,contract o suretyship. P � f givenf g f• r or other written obligation in the nature thereof such.signature and seal when so used being hereby adopted by the Company as the original signature of such officer icer and the original.seal of the Company to be valid and binding upon the Company with the same farce and effect as though manually a(fnxed. CERTIFICATION a I.STEPHEN C.BERAHA,Assistant Secretary of Great Amencan Insurance Company.do hereby certify'that the foregoing Power of Attorney and the Resolutions of the Board of Directors of lune 9.2008 have not been revoked and are now in full force and effect. Signed and sealed this 7th day of July . 2015 . Nal e• 3 'i iarunt,fib,n.•ran S1029AE(01/15) BONDS EXECUTED IN FOUR COURNTERPARTS Premium: Included in performance bond 00 6116 PAYMENT BOND BOND NO. CA 4011619 Contractor as Principal Surety Name: Zeit Energy.LLC Name: Great American Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 1717 McKinney Ave..Suite 700 1255 Treat Blvd. STE 810 Dallas.TX 75202 Walnut Creek, CA 94596 Physical address(principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Ohio Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Contract Project name and number: Design Build Contract-Protect No.E15114 Avers Telephone(main number): Street CNG Station 925-988-2245 Telephone(for notice of claim): is 513-369-5000 Local Agent for Surety iai Name: Wells Fargo Insurance Services USA, Inc. Award Date of the Contract: June 16.2015 Address: 1039A N. McDowell Blvd. ire Contract Price: 51.597.271.39 Petaluma,CA 94954 Telephone: 707-773-1895 Bond E-Mail Address: nancy.wallisawellsfargo.com (rt Date of Bond: July 7,2015 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept.of Insurance by calling the this instrument in 4 copies,each one of which shall following toll-free number:1-800-252-3439 be deemed an original. a tr Exhibit D Page 1 of 2 Payment Bond Form 00 61 16-1 E15114 Ayers Street CNG Station REV.07-03-2014 ita hi Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves, and their heirs,administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Princ' I ZeitEnergy, LLC Surety i reat American Ins ra ce mpany Signature: � jy'C--�� Signature: it ,. Name: C�;.�-{ uc►��µ� Name: Nanc Wallis Title: Maga 'MO A Do.k.'e r I COO Title: Attorney-in-Fact Email Address: 1c�\\S e 2�;�e,,ur � , C� Email Address: wwilson(o�GAIC.com 13. (Attach Power of Attorney and place surety seal below) zw.:e END OF SECTION tri Exhibit D Page 2 of 2 Payment Bond Form 00 61 16-2 E15114 Ayers Street CNG Station REV.07-03.2014 is l Ib r hi CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ,w::w 'r w w.w." "' cC cC c CtY c Qc fr:Yd!dYs(cs ems fc f cYd LsYYt CcftiY cC�fi< Cs� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Sonoma On July 7, 2015 before me, Stacy M. Clinton, Notary Public Date Here Insert Name and Title of the Officer personally appeared Nancy L.Wallis Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person,( whose name(?)"is/are subscribed to the within instrument and acknowledged to me that,Ke/she/tt y executed the samefin Ther/tir authorized capacity(iand that by pit;/her/tr signature(s)'on the instrument the person(4, or the entity upon behalf of which the person‘aj'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. STACY M. CLINTONa WITNESS m u and official seal. i:•,: Commission # 1955319 [ � ), Notary Public -California Y`' Z iP-�'L' .:' 3 `1 7.2. Scnora �c�nty ___� Signature ]7 ~- My Comm Expires Nov 3,2015 .ignat re of Notary Public 1 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): E Corporate Officer — Title(s): Prik J Partner — ❑ Limited ❑General Li Partner — ❑Limited ❑General iki El Individual Attorney in Fact Ti Individual Attorney in Fact Li Trustee ❑Guardian or Conservator O Trustee a Guardian or Conservator _,Other: Ti Other: lir Signer Is Representing: Signer Is Representing: c cc > c> cux c�crrcrwc c c ec>Y uc c t uxzx er�c�zx c c c c roc c cx c�zwcc t t ct•c c c c c c c c t cc c;ccx .. ©2014 National Notary Association •www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 sem' �Ir r is r 6 GREAT AMERICAN INSURANCE COMPANY® is Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SEVEN ii No.0 14947 POWER OF ATTORNEY KNOWALL MEN BY THESE PRESENTS: That the GREAT AMERIC'AN INSURANCE COMPANY.a corporation organized and existing under and by virtue of the laws of the State of Ohio.does hereby nominate.constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name.place and stead to execute on behalf of the said Company.as surety,any and all bonds. is undertakings and contracts of suretyship,or other written obligations in the nature thereof:provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated helms. Name Address Limit of Power K.DIXON WRIGHT MICHAEL L.ANDUCCI ALL OF ALL is STACY M.CLINTON KANDACE L.REEVES PETALUMA, S100,000,000.00 CATHERINE A.PINNEY NATALIE ANN HORDER CALIFORNIA NANCY L.WALLIS ill This Power ofAttomey revokes all previous powers issued on behalf of the attorneys)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to he signed and attested by its appropriate officers and its corporate seal hereunto affixed this 4TH day of MARCH 2015 iii Attest GREAT AMERICAN INSURANCE COMPANY 4-4,_ e aZilaeka4.4, • id ANA Mani.4crn•gu•I I)+ci.unrtol Sown-lice t'n•vdenr STATE OF 01110,COUNTY OF I IAMILTON-ss: DAVID C.KITCHIN(877-377-2405) On this 4TH day of MARCH . 2015 . bekwe me personally appeared DAViD C. KFFCHiN. to me ill known,being duly sworn,deposes and says that he resides in Cincinnati.Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument:that he knows the seal of the said Company:that the seal affixed to the said instrument is such corporate seal,that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. II JENNIFER MARIE RIPPYch ,04. ..i..:04.. is -:-.. , NOTARY PUBLIC,STATE OF OHIO y My Camllission Expires 620-t9 This Power of Attorney is granted by authority of the fallowing resolutions adopted by the Board of Directors of Great American Insurance Company (ll by unanimous written consent dated June 9.2008. RESOLVED: That the Divisional President,the several Divisional Senior lice Presidents. Divisional Vice Presidents and Dlvisonal Assistant!ice Presidents,or any one of hent,he and/hereby is authort-ecd.from time to tune.to appoint one or more Attorneys-in-hie(-hie(to execute on behalf of the Company. as surely any and all bonds,undertakings and contracts of suretyship.or other written obligations in the nature thereof to prescribe their respective duties and Ir the respective limits of their authority:and to revoke any such appointment at any time RESOLI'ED FURTHER: That the Company seal and the.signature of can of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond. undertaking.contract of suretyship. or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Comnpary as the original signature of such iii officer and the original seal of the Company to he valid and bonding upon the Conrpanv with the same force and effect as though manually eyed. r C'ERTIFIC'ATION Ilk' I,S`I'EPEIEN C.BERAHA,Assistant Secretary of Great American Insurance Company.do hereby certify that the foregoing Power ofAttorney and x the Resolutions of the Board of Directors of June 9.2008 have not been revoked and are now in full force and effect. Signed and sealed this 7th day of July . 2015 II P,. 3 • ,.fir. is :1.11,!.1111 SCer•tUtl 51029AE(01/15) Ili A ® CERTIFICATE OF LIABILITY INSURANCE DAO7h DDi5» 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 III REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certifipate holder is an ADDITIONAL INSURED,the policy(les)must 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 •CONT NAMEACT: Yn C thia Goode GOODE INSURANCE AGENCY 1AItONE Ext/ 972-524-7722 FAX. 972-563-7723 1313 STATE HWY 205 E-MAIL nthia Odeinsurancea enc com • ROCKWALL,TX 75032 ADDRESS: �' Cdl9D 9 Y• INSURER(S)AFFORDING COVERAGE NAIC 0 1111 ' ,INSURER A: Colony Insurance 36927 INSURED / It,isuRERB: Farmers Texas County Mutual Insurance Company 24392 ZEITENERGY LLC ,INSURER C, Texas Mutual 22945 1717 MCKINNEY AVE SUITE 700 INSURER D: it DALLAS,TX 75202 INSURER E} T • _INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ilill THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1.111 MIR TRR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP /INSD WVD POLICY NUMBER IMMIDOMMM (YYI ( IDD!YYYY) LIMITS X COMMERCIAL GENERAL LIABIITY / EACH OCCURRENCE $ 3,000,000 • _ MAIMS-MADE /\ OCCUR ! PREMISES(Ea occurrence) S 50,000 FRI X POLLUTION LIABILITY MED EXP(My one person) $ 5,000 A _ Y Y EPK302395 07/01/2015 07/01/2016 PERSONAL&ADV INJURY $ 3,000,000 GENt AGGREGATE UMR APPLIES PER: ___ GENERAL AGGREGATE $ 3,000,000 7.-- _ X POLICY n illa LOCI _PRODUCTS-COMP/OP AGG $ 3,000.000 timOTHER $ - AUTOMOBILE LIABILITY / COMBINED SINGLE LIMIT iii (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ B X AUTO,SmED x AAlfHitsDuL ED Y Y 604744791 06/10/2015 106/10/2016 BODILY INJURY(Per accident) $ / tfw NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS # (Per accident) $ LU1 _ $ UMBRELLA B OCCUR / EACH OCCURRENCE $ 2,000,000 PI A X EXCESS UAB cLAHAs4AADE Y Y EPK302395 07/01/2015 07/01/2016 AGGREGATE $ 2.000,000 iii DED [ RETENTION$ .," $ WORKERS COMPENSATION / X STATUTE ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE Y!N EL EACH ACCIDENT $ 1,000,000 pf C OFFICIMAEMBEREXCLUDED? ( N j N r A Y SBP0001257567 10/01/2014 10/01/2015 - (Mandatery M NH) i / EL.DISEASE-EA EMPLOYEE $ 1,000,000 iii IIysa aeaTION OF Or I 1,000.000 DESCR1P110N OF OPERATIONS below EL DISEASE-POLICY LIMB $ PROFESSIONAL LIABILITY $3,000,000 A Y Y EPK302395 07/01/2015 07/01/2016 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Consulting,maintenance and building of natural gas stations, Project#E15114:Ayers Street CNG Station / • Listing the City of Corpus Christi as additional insured r iiii CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN illCity of Corpus Christi-Engineering ACCORDANCE WITH THE POLICY PROVISIONS. LATTN:Construction Contract Admin, AUTH••',, D REP•RESENTATIVE PO Box 9277 lir ;I Corpus Christi,TX 78469-9277 Ir'int J ► p.r r ©1988-2014 ACORD CORPORATION. All rights reserved. p. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD I r it GOODE1.2 R I- �; ,<� Goode Insurance Agency INSURANCE AGENCY 'R3ockwall THwy 2 AN AGENT OF FARM E RS INSURANCE GROUP 972-563-7723 7 722 x cynthia@goodeinsuranceagency.com III r July 2e,2015 City of Corpus Christi-Engineering ATTN:Construction Contract Admin PO Box 9277 br Corpus Christi,TX 78469-9277 r I To Whom this May Concern: General Liability Policy-Colony Insurance NAIC 36927 Policy#EPK302395 Auto Liability Policy-Farmers Texas County Mutual Insurance Company NAIC 24392 Policy#604744791 In the event of cancellation or non-renewal of the insurance,we agree to mail 30 days prior written notice of cancellation to the person(s)or organization(s)referenced below. r City of Corpus Christi-Engineering ATTN:Construction Contract Admin PO Box 9277 Corpus Christi,TX 78469-9277 • Sincerely, is 4)ØLL Cynthia Goode Agent a lr Farmers Insurance Exchange Truck Insurance Exchange Fire Insurance Exchange Mid Century Insurance Company Farmers New World Life Insurance Company Iirr F.. it tot EPK302395 ••5 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. -` ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION —ONGOING OPERATIONS This endorsement moddies insurance provided wider the following: COMMERCIAL GENERAL LIABIUTY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART i SCHEDULE lame Of Additional Insured Person(s) Or Organization(s): Locations)Of Covered Operations: Illi - Where Ikeguired By Written Contract Where Required By Written Contract Irl Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section(H Who Is An Insured within the Common Policy Provisions is amended to include as an additional insured the petson(s)or organizatlon(s)shown in the Schedule,but only with respect to®- ability for"bodily Injury","property damage'or"personal and advertising injury'caused,in whole or in part, • • by rill 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the locations)desig- nated above. r11 8. sionsrespect to the insurance afforded to these additionai insureds,the following additional exclu- This insurance does not apply to"bodily injury'or"property damage"occurring after: 1. Ail work,including materials, parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the addi- tional insured(s)at the location of the covered operations has been completed;or 2. That portion of"your work"out of which the injury or damage.arises has boen put to Its Intended use by any person or organization other than another contractor or subcontractor engaged in per- forming operations for a principal as a part of the same project. ALL OTHER TERMS AND CONDITIONS OF THE POUCY REMAIN UNCHANGED. S Includes copyrighted material of ISO Properties,Inc., Page 1 of 1 with its permission. rrr . rill rm 41-4 EPK302395• / THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ R CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR a CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: S COMMERCIAL GENERAL UABIUTY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART • SCHEDULE Name Of Additional Insured Person(s)or Organizafion(s): • Where Required By Written Contract • gef SECTION Iq–WHO IS AN INSURED within the Common Policy Provisions isamended to include as an additional insured the person(s)or organization(s) indicated in the SCHEDULE above, but only with respect to liability for"bodily injury"or"property damage"caused,in whole or In pad,by"your work'at the location designated In the SCHEDULE above performed for that additional Insured and included in the"proms-completed operations hazard". ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. a •S S S S ler - Page•t of l is ami lilt /EPK302395 • THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ 1T CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: a COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LJABILUTY COVERAGE PART SCHEDULE ' Name Of Additional Insured Person(s)or Organization(s): Where Required By Written Contract • SECTION tU-WHO IS AN INSURED within the Common Policy Provisions is amended b include as an * r additional insured the person(s)or organizations)indicated in the Schedule shown above,but solely as rie respects"clams"caused In whole or in part,by"your work"for that Insured by you,or by those acting on your behalf. This insurance shall be primary and noncontributory, but only In the event of a named Insured's sole negligence. • ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. • • • Page 1 of 1 two • EPK302395 I THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. AMENDED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: lit COMMERCIAL GENERAL LIABIUTY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS UABIUTY COVERAGE PART Frft THIRD PARTY POLLUTION UABIUTY COVERAGE PART CLEANUP COSTS—YOUR LOCATION COVERAGE PART SCHEDULE Name Of Person(s)or Organization(s): Where Required By Written Contract • i1r • information required to complete this Schedule.If not shown above,will be shown in the Declarations. SECTION VI-COMMON CONDITIONS,17.Transfer Of Rights Of Recovery Against Others To Us •within the Common Policy Provisions is amended by the addition of the•folowing: Solely as respects the person(s)or organization(a)Indicated in the Schedule shown above,we waive any right of recovery we may have against the persons)or organizaton(s)Indicated in the Schedule . shown above because of payments we make for"damages"arising out of your ongoing operations or 'your work'performed under a written contract with that person(s).or organization(s)and included in the`products-completed operations hazard'. . However,this waiver shall not apply to'damages"resulting from the sole negligence of the person(s) ire or organizations)Indicated in the Schedule shown above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. • air 4, i ie • Mil IM Paget ofI • or rar lit /'EPK302395 a. To Join us as a party or otherwise bring us Into a suit against any insured;or Ile b. To sue us,In connection with this insurance.unless all of this Policy's terms have been fully compiled with. However,a person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured;but we will not be liable for any loss that is riot • payable under the terms of this Policy or that is in excess of the applicable limit of Liability. An agreed settlement means a settlement and release of liability signed by us, the Insured and the claimant or the claimant's legal representative. 2; Appeals At our discretion,we may appeal any judgment that would result in a payment under this Policy. When we appeal,we will pay all costs associated with the appeal in addition to the limits of liability. Any such appeal will not Increase our limits of liability. tili 3. Bankruptcy Bankruptcy or insolvency of an Insured or an insured's estate shall not relieve us of our obligations under this Policy. However,any such insolvency or bankruptcy of en insured or an insured's estate shall not increase our obligations including,but not limited to,those with respect to any Deductible. 4. Cancellation The first named insured may cancel this Policy by delivery thereof to us or our lia authorized agent,or by mailing to us written notice stating when thereafter the cancellation shall be effective. We may cancel this Policy by mailing to the first named Insured at the address shown in Item 1 of the Declarations,a notice stating when such cancellation shall be effective. We may cancel this Policy for the following reasons only: a. Non-payment of premium; b. Fraud or material misrepresentation;or Sri c. A material change in the use of,or operations conducted at,any scheduled site that would materially increase the risk insured hereunder. The time of delivery or the effective date and hour of cancellation stated In the notice shall become the end of the policy period. Delivery of such written notice either by the first named insured or by us shall be equivalent to mailing. Proof of mailing such notice shall be sufficient proof of notice. We shell provide notice of canbeliation not less than: ec'T Pyr r /A) 4.1.. • (1) ten(10)days prior to the effective date of cancellation for non-payment of premium;or • (2) sixty(60)days prior to the effective date of cancellation for fraud,material misrepresentation or a material change In the use of,or operations conducted at,any scheduled site that would materially Increase the risk Insured hereunder. lei Pagel 43 til N N • • POLICY NUMBER: 60474-47-91 / . COMMERCIAL AUTO • CA 04 03 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. km TEXAS ADDITIONAL. INSURED This endorsement modifies insurance provided under the following: / BUSINESS AUTO COVERAGE FORM • GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modl- fled by the endorsement. aa This endorsement changes the policy effective on the inception date of the policy unless-another date is indi- cated below. Ilii Endorsement Effective: Countersigned By. 07/16/15 Named Insured: SEIT ENERGY, LLC (Authorized Representative) its • SCHEDULE ;tom Name and Address of Additional Insured: CITY OF CORPUS CHRISTI Po BOX 9277 CORPUS CHRISTI, T% 784699277 • (if no entry appears above, Information required to complete this endorsement will be shown in the Declarations .as applicable to this endorsement) A. Who Is An Insured (Section II) is amended to C. You are authorized to act for the additional in- include as an "insured" the person(s) or•organiza- sured named in the Schedule or Declarations in all' tion(s) shown in the Schedule, but only with re- • matters pertaining to this insurance. spect to their legal liability for acts or omissions of D. We will mail the additional insured named In the a person for whom Liability Coverage Is afforded Schedule or Declarations notice of any cancella • - under this Poky tion of this policy. If we cancel, we will give 10 B. The additional insured named in the Schedule'or days notice to the additional insured. • Declarations is not required to pay for any pnani- E. The additional insured named in the Schedule or urns stated in the policy or earned from the policy. Declarations will retain any right of recovery as a Any return premium end any dividend, if applica- claimant under this policy. rri bie,declared by us shall be paid to you. • N CA 04 03 06 04 © ISO Properties, Inc., 2003 Page 1 of 1 ea 000 0 POLICY NUMBER: 80474-47-91 THIS EIiMSULDO CHANGES THE POLICY.PLEASE HEAD IT CAWULLY. 4 /•" _ FARMERS E3153 Int Wise CHANGES IN TRANSFER OF /RIGHTS Of R'KOVERY AGAINST OTHERS TO US ( WAIVER OF SUBROGATION) • This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCICF.RS COVERAGE FORM rr With respect to coverage provided by this endorsement, the provisions of the Coverage*Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is Indicated IWr below. Endorsement Effective: Countersigned By: 07/18/2015 NIA Named Insured., e rag •• ZEIT ENERGY,LLC V uthorized Representative) • SCHEDULE ' Name Of Person(s)Or Organization(s): • } CITY OF CORPUS CHRISTI Additional.Premium I $ (If no catty appears above,Information required in complete this endorsement will be shown in the Declarations as applicable to this endorse melt.) The Transfer r Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or rta otgani ation(s)shown in the Schedule.We will retain the additional premium shown above,regardless of any early termination of this endorsement or the policy. S Wel ell This.endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to Al the terms of the policy. fNIS3 MEM 44 OMNI l'sp t S a Ira . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION BY US - CERTIFICATE HOLDER(S) This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy p J/-� EPK 3o,1,59s" it u SCHEDULE Certificate Holder(s): CITY OF CORPUS CHRISTI-ENGINEERING ATTN:CONSTRUCTION CONTRACT ADMIN PO BOX 9277 CORPUS CHRISTI,TX 78469-9277 Section XXIII. CONDITIONS, 4.Cancellation is amended by the addition of the following: If we cancel this Policy before the expiration date thereof,we will mail 30 days written notice(10 days for non-payment of premium)to the Certificate Holder(s)indicated in the SCHEDULE above. ai ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. ea a EPACE106-0714 Page 1 of 1 W irr N t lXasMutua!® WORKERS'COMPENSATION AND EMPLOYERS Insarancx Company WC 42 06 01 N TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT • N This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. ® ` This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 / 2.Notice will be mailed to: CITY OF CORPUS CHRISTI- ENGINEERING PO BOX 9277 km CONSTRUCTION CONTRACT ADMIN. CORPUS CHRISTI , TX 78469-9277 0, N ite N N 0.4 N 0i This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on July 21 , 2015 at 12:01 A.M.standard time,forms a part of Policy No. SBP-0001257567 20140904 of the Texas Mutual insurance Company Issued to ZE I T ENERGY L L Endorsement No. 3 Premium$ 0.00 1/11/1 .62 ** gk Authorized Representative '* WC420601(ED.1-94) INSURED'S COPY WASENDRS 7-21-2015 irr t I s Ins ill exasmutuarWORKERS'BI TY IENSURANCE POL CYSATION AND LOYERS ill / InsaranceCpany WC 42 03 04 A / TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT rl This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. as We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. iim The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. im 2. Operations: ma 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with workrformed for the above Pe person(s) or organization(s)arising out of the operations described. 4.Advance Premium SEE ENDORSEMENT WC 99 03 01 , GENERAL CHANGE FORM. This endorsement changes the policy to which it is attached effective on the Inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on July 17, 2015 at 12:01 A.M.standard time,forms a part of isa Policy No. SBP-0001257567 20140904 of the Texas Mutual Insurance Company Issued to ZEIT ENERGY LLC J J Endorsement No. 1 Premium$ 3.0044494)2 .* Authorized Representative WC420304A(ED.1-014000) INSURED'S COPY WASENDRS 7-17-2015