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C2016-413 - 9/20/2016 - Approved
2016-413 9/20/16 M2016-106 Barcom Commercial Inc. 00 50 00CM CONSTRUCTION MANAGER-AT-RISK AGREEMENT This Construction Manager at Risk Agreement(the "Agreement")is entered into by and between the City of Corpus Christi, Texas (the "Owner") and Barcom Construction, Inc. (the "CM") for the construction of the Project. PROJECT: Fire Station No. 18(Project ID No. 140232),RFQ/RFP No.2016-02 ARTICLE 1.GENERAL PROVISIONS,PROJECT SCOPE,AND CONSTRUCTION COST LIMITATION 1.1 Project Scope. The Project is the New Fire Station No. 18— P.N. 5246 . The real property on which the presently contemplated improvements are to be constructed (the "Site") is generally depicted in the Site Plan/Location Map attached hereto as Exhibit 1. The Project Scope generally consists of all labor, materials, equipment, tools, supplies, temporary facilities, and incidentals necessary to complete the construction of the improvements described in and reasonably inferable from the Contract Documents, including the supervision, coordination, and administration of the construction of such improvements (the "Work"). The Project Scope also includes the preconstruction services reasonably required for a project of this nature,size, and scope and as described herein. 1.2 Phases of Services and the Work. The services and the Work to be performed by or through the CM 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. 1.2.1 Work Packages. It is anticipated that the Construction Phase Work may be divided into one or more separate packages (individually, a "Work Package") which identify a specific scope of Work and which will be ready for commencement of construction before it is appropriate to arrive at an overall Guaranteed Maximum Price(as defined herein)for the entire Work. However,in the Owner's discretion, the Work may be awarded in one Work Package for the entire Project with one Guaranteed Maximum Price. 1.2.2 Notice to Proceed. When the Parties have identified the Work to be performed in a Work Package and have agreed on any applicable Contract Time Requirements for that Work Package and such other terms and conditions relating to that Work Package, including but not limited to a Guaranteed Maximum Price (also referred to herein as the "GMP")for the Work Package,the Parties shall enter into a Notice to Proceed which shall amend this Agreement and incorporate the terms thereof into the Contract. However, no Work shall commence under a Work Package until a Notice to Proceed with regard to such Work has been issued by the Owner in accordance with the terms of the Contract Documents. 1.3 Construction Cost Limitation. There is a Construction Cost Limitation of One Million, Eight Hundred Thousand and No/100 Dollars ($ 1,800,000.00 ) "Construction Cost Limitation")for the Project, including contingencies, as described below, for the services and the Work to be performed by or through the CM for the Preconstruction Phase and the Construction Phase. The Construction Cost Limitation shall not be exceeded, except as provided herein. 1.4 Contract Amount for the Project. The Contract Amount for the Project shall be the sum of the compensation and reimbursements to be made to the CM for the Preconstruction Services and the Agreement—Construction Manager-at-Risk 00 50 00- 1 Project#5246—New Fire Station No. 18(Bond 2008) Rev 07/16 • INDEXED Agreement – Construction Manager-at-Risk 00 50 00 - 2 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 compensation for the Construction Phase Services as established in accordance with the Contract Documents. The Contract Amount, as finally established in accordance with the Contract Documents, shall not exceed the Construction Cost Limitation, except as provided herein. 1.4.1 Contract Amount – Preconstruction Phase Services. No compensation is authorized for preconstruction services. All such costs are incorporated into construction phase. 1.4.2 Contract Amount – Construction Phase. The compensation for the Work to be performed by or through the CM for the Construction Phase shall be as set out in Section 7.2.2 and shall be subject to a Guaranteed Maximum Price established in accordance with Sec. 7.4. To the extent that the Construction Phase consists of multiple Work Packages, each such Work Package shall be subject to a Guaranteed Maximum Price as established in accordance with Sec. 7.4 below. The sum of the Guaranteed Maximum Prices for all Work Packages shall not exceed the Guaranteed Maximum Price for the Construction Phase. 1.5 Owner's Design Professionals. Owner has retained the services of the following identified architectural and/or engineering firms to perform those professional design services identified below. Owner expressly reserves the right to replace or modify the responsibilities of any such firms identified below or to retain additional firms in Owner's sole discretion. Owner shall provide prompt written notice to CM of any replacement of existing firms, addition of new firms, and material modifications of the responsibilities of existing firms that might impact the CM with regard to the services to be performed or obligations of the CM arising from the Contract. Architect: Chuck Anastos Associates, LLC Construction Materials Testing: Rock Engineering__________ Inspection: City Engineering – Construction Division_ Collectively, the primary architectural and engineering firms are referred to herein as the "Principal Architects/Engineers". References to the Principal Architect/Engineer (in the singular tense) shall mean that primary architectural and/or engineering firm that has primary responsibility for the design and any construction administration obligations over the respective scope of the Work. Each Principal Architect/Engineer shall be responsible for those consultants and subconsultants retained by the respective Principal Architect/Engineer to provide the architectural and engineering services required in its agreement with the Owner. Except as otherwise expressly provided, references to the "A/E", the Engineer, or the Architect in the Contract Documents shall mean the Principal Architect/Engineer. ARTICLE 2. CONTRACT TIME 2.1 Date of Commencement. The Preconstruction Phase Services shall commence after this Agreement has been fully executed by the parties and upon the CM’s receipt of Owner’s Notice to Proceed, unless the Parties otherwise mutually agree in writing. The Construction Phase Work shall commence upon the issuance of the Owner's Notice to Proceed with the specific scope of the Work stated therein, unless the Parties otherwise mutually agree in writing. 2.2 Project Schedule. Attached hereto as Exhibit 2 is the Project Schedule which sets out the Agreement – Construction Manager-at-Risk 00 50 00 - 3 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 commencement dates and completion times for the currently scheduled Phases and, as applicable, Work Packages for the Project. The Parties hereto acknowledge that the Project Schedule will be subject to change and refinement during the course of the design of the Project as may be agreed by the parties by written amendment to this Agreement or as directed by the Owner pursuant to a Change Directive issued in accordance with the Contract Documents. 2.3 Contract Time Requirements. Time is of the essence of the Contract and CM's obligations arising hereunder. CM shall diligently and efficiently perform the services and furnish the Work as required hereunder within the Contract Time Requirements set forth in the Project Schedule, as amended in accordance with the Contract Documents, as well as such other Contract Time Requirements set forth in the Contract Documents, including achieving Substantial Completion and Final Completion of the Work of each Work Package and the entire Work as required in the Contract Documents and meeting all Milestone requirements (if any). 2.3.1 Contract Time Requirements - Preconstruction Phase Services. Without limiting the foregoing, CM shall perform its Preconstruction Phase Services diligently and efficiently in compliance with the Project Schedule, as it may be amended in accordance with the Contract Documents. 2.3.2 Contract Time Requirements - Construction Phase. The Contract Time with regard to each Work Package of the Construction Phase shall be measured from the Date of Commencement of the respective Work Package as stated in the respective Notice to Proceed. 2.3.2.1 The CM shall diligently prosecute the Work and achieve Substantial Completion of the Work within the Contract Time Requirements set forth in the applicable Notice to Proceed, subject to adjustments as provided in the Contract Documents. After Substantial Completion, the CM shall diligently continue to prosecute the Work to Final Completion and, except as otherwise expressly agreed in the applicable Notice to Proceed, shall achieve Final Completion not later than 30 calendar days from the Date of Substantial Completion. 2.3.2.2 Certain scopes or specific areas of the Work may be required in the Project Schedule for early Substantial Completion ("Milestones") sufficient to allow for installation of Owner's equipment, phased use or partial occupancy of the facility, or coordination with other work relating to the Project by the Owner or its Third Party Contractors. The parties acknowledge that a Notice to Proceed or Modification of the Agreement may add or modify existing Milestones. The Milestones made a part of the Contract are critical elements of the Contract Time Requirements under the Contract and are "of the essence" of the Contract. 2.3.2.3 In the event that CM intends to request an increase in the Contract Amount or Contract Time as a result of a modification or revision of the Milestones or the Project Schedule, the CM shall strictly comply with the applicable notice requirements for changes in the Contract Amount or the Contract Time as set forth in the General Conditions. If CM fails to provide such notice as required in the General Conditions, but in no event later than 30 days after receipt of Owner's notice with regard to the modification or revision of the Milestones or the Project Schedule, the CM shall be deemed to have waived any right to seek or recover an increase in the Contract Sum or Contract Time as a result thereof. 2.3.2.4 In the event CM shall fall behind schedule for any reason which does not justify an extension under the Contract Documents of the Substantial Completion Date or any other Contract Time Requirements, CM shall submit a Recovery Schedule pursuant to Section 6.5 below. No approval or Agreement – Construction Manager-at-Risk 00 50 00 - 4 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 consent by the Owner or any plan for re-sequencing or acceleration of the Work submitted by CM pursuant to this Section and Section 6.5 below shall constitute a waiver by Owner of any damages or losses which Owner may suffer by reason of such re-sequencing or the failure of the CM to meet the Substantial Completion Date or any other Contract Time Requirements. 2.3.2.4.1 Owner shall additionally be entitled to direct the acceleration or re- sequencing of the Work in order to achieve completion prior to the required date for Substantial Completion or to meet any other Contract Time Requirements of the Contract, and CM shall be reimbursed for the amount of the premium portion of overtime actually incurred in respect thereto and shall be entitled to an increase adjustment to the Contract Sum to the extent of the premium portion of overtime so incurred. Before proceeding with any such Owner-directed acceleration plan under this subsection, the CM shall have received the Owner's prior written approval of the plan and its anticipated not-to-exceed cost. 2.3.2.5 Except as provided in the General and Supplementary Conditions, adverse weather conditions are not anticipated to impact the progress of CM's work. However, CM will record on a daily basis whether its job progress has been materially affected by such conditions. Any such day lost due to adverse weather conditions shall be made up by CM performing work on the ensuing Saturday or by extended hours during that week or with best efforts the ensuing Sunday, and treating such as a work day for the purpose of complying with and meeting CM's Progress Schedule and the applicable Contract Time Requirements, it being understood that no application for extension of time will be made unless the critical path of the project is materially affected. The CM will provide written explanation and CPM schedule evidencing such impact has occurred. CM will notify Owner of any such delay in writing, and on a monthly basis submit a report to the Owner substantiating any days claimed to have been lost over and above those allotted for in the Progress Schedule, due to adverse weather conditions. 2.3.2.6 The CM acknowledges and agrees that, if the CM fails to achieve Substantial Completion of the entire Work within the Contract Time as established by the appropriate Notice to Proceed or Modification of the Agreement, the Owner will sustain extensive damages and serious loss as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the Owner and CM agree that, if the CM shall neglect, fail, or refuse to achieve Substantial Completion of the entire Work by the date required by the Contract Documents for Substantial Completion of the entire Work, subject to adjustments in the Contract Time as provided in the Contract Documents, then the CM (and the CM’s Surety, if any, in the case of default) agrees to pay to the Owner as Liquidated Damages, and not as a penalty or forfeiture, the sum of _$750.00 Dollars per calendar day for each day of such delay. Such Liquidated Damages are hereby agreed to be a reasonable pre-estimate of damages the Owner will incur as a result of delayed completion of the Work. Such Liquidated Damages shall be in lieu of all consequential damages, including any loss of use or capital, resulting from CM's delay in performance, but shall not be in lieu of any actual, direct costs incurred by Owner in supplementing, accelerating, completing or correcting the Work resulting from CM's breach of its obligations arising under the Contract, including all design and consulting costs also arising therefrom. IN THE EVENT CM UNREASONABLY DELAYS PROGRESS OF THE WORK BEING DONE BY OTHERS ON THE SITE SO AS TO CAUSE LOSS FOR WHICH OWNER BECOMES LIABLE, THEN CM SHALL INDEMNIFY OWNER FROM AND REIMBURSE OWNER FOR SUCH LOSS. The Owner may deduct Liquidated Damages described in this Subsection from any unpaid amounts then or thereafter due the CM under this Agreement. Any Liquidated Damages not so deducted from any unpaid amounts due the CM shall be payable to the Owner at the demand of the Owner, together with interest from the date of the demand at a rate equal to the highest lawful rate of interest payable by the CM. Agreement – Construction Manager-at-Risk 00 50 00 - 5 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 2.3.2.6.1 To the extent that the parties enter into a Notice to Proceed 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 CM'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 Notice to Proceed for a portion of the Work shall be in an amount which bears the same ratio to the Liquidated Damages for the entire Work as set forth in Section 2.3.2.6 above as the estimated Cost of the Work of that Work Package (as reflected in the GMP Proposal) bears to a reasonable estimate of the Cost of the Work of the entire Project. 2.3.2.7 Notwithstanding anything to the contrary contained herein, the maximum amount of Liquidated Damages that may be assessed against and paid by CM shall not exceed in the aggregate the amount of the sum of the CM's Preconstruction Phase Fee and the CM's Construction Phase Fee as set forth in Section 7.2 below, prior to any adjustment as authorized by the Contract Documents. This maximum amount of damages shall not apply to the amount of delay damages recoverable by the Owner in an action brought against the CM 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. 2.3.2.8 Notwithstanding any term of the performance bond furnished by CM pursuant to the terms of this Agreement, CM's performance bond sureties expressly agree and acknowledge that their obligations under the performance bond include the obligation to reimburse or pay Owner that amount of any unpaid or unreimbursed Liquidated Damages incurred by CM pursuant to the terms hereof and subject to the penal limits of the bond. 2.3.2.9 This provision for Liquidated Damages shall only become operative upon the establishment of the GMP for the applicable Work covered by the Liquidated Damages, and, except as otherwise agreed in writing by the parties, CM shall have no liability for Liquidated Damages or any other delay damages, if Owner and CM are unable to agree upon a GMP for the applicable Work covered by the Liquidated Damages. In addition, Owner shall waive those Liquidated Damages arising from a delay in achieving Substantial Completion of any Work Package, other than the final Work Package, for the first thirty (30) days of any such CM delay under the respective Notice to Proceed. ARTICLE 3. CM STATUS AND REPRESENTATIONS 3.1 CM Duties. CM agrees that Owner is entering into this Agreement in reliance on CM’s special and unique abilities with respect to construction management. The CM accepts the relationship of trust and confidence established by this Agreement. CM agrees to use its good faith best efforts, skill, judgment, and abilities to perform the Work and to further the interests of Owner in accordance with Owner’s requirements and procedures, in accordance with the prevailing standards of CM’s profession and business. CM warrants, represents, covenants, and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent its performance of the Work required hereunder. 3.1.1 Legal Requirements. CM shall perform its services and furnish its Work in compliance with the Legal Requirements applicable to the Project. Agreement – Construction Manager-at-Risk 00 50 00 - 6 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 3.2 Representations. The CM warrants, represents, covenants, and agrees that all of the Work to be performed by the CM will be of the standard and quality which prevail among similar businesses and organizations of superior knowledge and skill engaged in providing similar services in major United States urban areas under the same or similar circumstances and involving a project such as the Project. 3.3 Licenses and Registrations. The CM warrants that it and its employees and subcontractors have any and all licenses and registrations required for the performance of the Work. 3.4 Efficiency. The CM agrees to furnish business administration and superintendence in the performance of the Work in the best and most efficient way and in the most expeditious and economical manner consistent with the interests of Owner. 3.5 No Third Party Liability. Except for the obligation of Owner to pay CM hereunder and to perform certain other obligations hereunder, Owner will have no liability to CM or to any third party claiming through or under CM by reason of the execution or performance of this Agreement or the Contract Documents. In addition, neither Owner, nor its agents, officers and employees, will have any personal liability to CM or to any third party claiming through or under CM by reason of the execution or performance of this Agreement or the Contract Documents. 3.6 Entity Status. CM must be a fully capitalized, legal business entity acceptable to Owner at all times during the term of this Agreement. In the event that the CM is a joint venture or partnership, each separate business entity participating in the joint venture or partnership must be jointly and severally responsible for all rights, duties, and liabilities of the joint venture or partnership and the joint venture or partnership must provide the project specific insurance set forth in the Contract Documents. ARTICLE 4. CONTRACT DOCUMENTS 4.1 The Contract Documents are to be comprised of the following: 4.1.1 All Modifications to this Agreement; 4.1.2 This Agreement, including all Exhibits attached hereto and such other documents, if any, which by the express terms of this Agreement are incorporated into this Agreement; 4.1.3 Specifications, forms and documents listed in SECTION 00 01 00CM TABLE OF CONTENTS 4.1.4 Drawings listed in the Sheet Index. 4.1.5 Request for Qualification/Proposal No. 2016-02. 4.1.6 CM’s Response to Request for Qualification/Proposal No. 2016-02. 4.1.7 The following other documents, if any: .1 documentation required by the Contract Documents and submitted by Contractor. 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 and are intended to include all design, architecture and engineering, materials, equipment, labor and services of every kind necessary for the proper execution of the Work and the terms and conditions of payment for the Work. 4.2 Rules of Interpretation. The following rules shall govern interpretation of the Contract Agreement – Construction Manager-at-Risk 00 50 00 - 7 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 Documents: 4.2.1 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. Additionally, what is required by any of them shall be deemed to be required by all of them. 4.2.2 In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents that cannot be harmonized so as to avoid conflict, the Contract Documents shall take precedence in the order in which they are listed in Section 4.1 above. 4.2.3 With regard to Modifications, the most recently issued Modification takes precedence over previously issued Modifications or the Contract Documents modified. 4.2.4 Figures given on Drawings govern scale measurements, and large scale details govern small scale Drawings. 4.2.5 The organization of the specifications into divisions, sections and articles, and the arrangement, titles and numbering system used for the drawings, shall not determine the division of the Work by CM among its Subcontractors, nor establish the extent of the Work to be performed by any Subcontractor of any tier. Such matters shall be the responsibility of the CM in accordance with this Agreement. 4.3 Meanings of Terms. Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract, unless otherwise specified herein. 4.4 Subsidiary Work. If an item or system is either shown or specified by the Contract Documents, all material, equipment and labor required for the proper installation of such item or system and needed to make a complete operating installation must be provided whether or not fully detailed or specified in the Contract Documents, and shall be considered as subsidiary to the Work, to the extent such complete operating installation can be reasonably inferred by the Contract Documents. No Claim to increase the Contract Amount for such subsidiary work will be allowed. ARTICLE 5. PRECONSTRUCTION PHASE SERVICES CM shall perform the following Preconstruction Phase Work, and shall continue to provide the required services as needed throughout the duration of the Contract: 5.1 General Coordination. 5.1.1 Team Meetings. Attend regular meetings with the Project Team during the Construction Document review to advise them on Site considerations, selection of materials, building systems and equipment, and methods of delivery of materials, systems and equipment. 5.1.2 Recommendations and Information. Provide recommendations and information to the Project Team on: construction feasibility; availability of materials and labor; time requirements for installation and construction; development of a safety plan and responsibilities for safety precautions and programs; temporary Project facilities; equipment, materials and services for common use of the CM and Owner’s Third Party Contractors, if any; cost factors, including costs of alternative materials and possible cost savings; methods of verification for determining that the requirements and assignment of Agreement – Construction Manager-at-Risk 00 50 00 - 8 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 responsibilities are included in the Contract Documents; and any other matters necessary to accomplish the Work in accordance with the Project Schedule and the Contract Amount. 5.1.3 Public Hearings. At Owner’s request, attend public meetings and hearings concerning the development and schedule of the Project. 5.1.4 Decision Tracking Report. Create and continuously update a “Decision Tracking Report,” which records all Work issues and the decisions in a format acceptable to Owner. The updates must be done at least monthly immediately prior to the Application for Payment. 5.1.5 Partnering. Agree to develop a Partnering Program with quarterly partnering meetings after commencement of the Construction Phase. Publish and distribute meeting minutes to all attendees. Partnering meetings will include the Major Subcontractors during their respective performance of the Work during the Construction Phase. 5.1.6 Permits, Licenses, Fees. Confirm that all approvals, reviews, permits and licenses that are required for construction of the Work to commence have been received. 5.1.7 Pre-Construction Schedule, Progress Schedule and Submittal Schedule. 5.1.7.1 Coordinate all Submittal Schedules for Shop Drawings and Samples required by Contract Documents. These Submittal Schedules must provide a method for reviewing and processing the required Submittals, which is acceptable to all parties. 5.1.8 List of Personnel and Subcontractors. The CM’s key personnel, staff and their respective duties are identified in the attached and incorporated Exhibit 3. Upon proposing the GMP Proposal for any Work Package and when subsequently proposing other Construction Trade Packages within a Work Package, CM must submit an updated Exhibit 3 listing all Subcontractors and consultants, if any, and their respective key personnel and salaried specialists and their respective duties, to be contracted with for portions of the Work. 5.1.9 Consultation. CM shall consult with OAR, the A/E and Owner during the development of design and provide them with recommendations on improvements, construction phasing, selection of materials, building systems and equipment. CM shall provide consultation and recommendations on construction feasibility, availability of materials and labor, time requirements for installation and construction, and factors related to cost including estimated costs of alternative designs or materials, preliminary budgets and value engineering alternatives. Any material or system proposed by CM, upon acceptance by Owner, OAR, and the A/E shall be incorporated into the Contract Documents. CM shall review the drawings and specifications when they are furnished to CM, recommending alternative solutions throughout the Pre-Construction Phase regarding construction feasibility, cost, or schedule. CM shall endeavor to provide advice on ways to reduce the construction costs and conform to (and, if possible, shorten) the schedule, without reducing design quality. CM and Owner acknowledge Section 361.426 of the Texas Health & Safety Code which requires giving preference to products made of recycled materials, if the products meet applicable specifications. 5.1.10 Conditions and Limitations of the Work. CM acknowledges that prior to the submission of the GMP Proposal for any Work Package that it will have satisfied itself, through on-site visits and examination and comparison of survey information, geotechnical reports, and the Construction Agreement – Construction Manager-at-Risk 00 50 00 - 9 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 Documents then made a part of the Contract Documents, as to the conditions and limitations under which the Work under the Work Package is to be performed, including, without limitation: (1) the location, condition, layout and nature of the Site and surrounding areas, including (without limitation) all property lines, visible utility locations, existing improvements, elevations, and other observable physical conditions of the Site and surrounding areas; (2) generally prevailing climatic conditions; (3) anticipated labor supply and costs; (4) availability and cost of materials, tools and equipment; and (5) other similar issues. 5.2 Constructability Review of Contract Documents. 5.2.1 Mission. Implement and conduct a constructability review of all Contract Documents employing a systematic analysis process that is used throughout private industry and governmental agencies for projects of the Project's nature, size, and scope. The constructability review services required herein are intended to be comprehensive of the Work to be performed with regard to each Work Package and must be completed prior to the commencement of the Work under the respective Work Package, unless otherwise approved by Owner. 5.2.2 Review. CM agrees to conduct a constructability review to examine all Contract Documents, including without limitation, the plans and specifications, to ensure that the respective scope of the Work under a Work Package will be completed with a minimum of delays from excessive requests for information and Change Orders once the Work under the Work Package is under construction. The review, at a minimum, must evaluate the workability of interrelated systems between civil, architectural, structural, mechanical, and electrical Drawings and Specifications, and review A/E’s scheduled installation durations against actual installation requirements for systems integration, to ensure coordination between different design disciplines. Conduct a comprehensive analysis of the construction documents to ensure coordination of all systems in determining the ease of constructability and cost effectiveness of building the Project. If in reviewing the Contract Documents the CM discovers any Discrepancies, the CM must immediately notify the Owner and A/E about the Discrepancies. 5.2.3 Report. Prepare a “Constructability Review Report,” which outlines items that in the CM’s opinion may cause problems in the way the Project is proposed to be constructed and which will document any Discrepancies and potential problems with the construction documents that, if left unattended, may result in ineffective or inefficient constructability, Change Orders or Claims once Project construction commences. 5.2.4 Propose Solution. CM shall propose the most practical solution to resolve the Discrepancies and potential problems. Additionally, CM shall recommend alternative design suggestions for consideration and document potential savings that require the minimum impact to the Project Schedule and Contract Amount and further the best interest of the Project. 5.2.5 Respond to Solution. The Owner and A/E will evaluate the proposed solution and provide a response to CM. If the approved solution prompts changes to the Contract Time or Contract Amount, the Contract will be adjusted in accordance with the General Conditions. 5.3 Discrepancies. 5.3.1 Failure to Report or Get Response. If CM performs the Work without reporting Discrepancies or getting a response to its proposed solution to resolve a Discrepancy, the CM will be responsible for all cost of remedying the Work resulting therefrom. Agreement – Construction Manager-at-Risk 00 50 00 - 10 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 5.3.2 Assumption of Risk. CM guarantees that they have reviewed the partially completed construction documents for Discrepancies and potential problems The CM is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the CM shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the CM as a request for information in such forms that the Architect may require. Owner shall not be responsible for any damages resulting from a Discrepancy and CM will not be entitled to a Claim for adjustment in Contract Time or Contract Amount resulting from a Discrepancy unless the CM advises Owner in writing of the Discrepancy and potential problem and proposes a solution as required herein and Owner confirms in writing that it wishes the CM to proceed in accordance with the Contract Documents as originally given. To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the CM shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. CM does not assume any risk for the further development of the Contract Documents until agreed so in writing by means of a Change Order or such forms that the Architect and Owner may require. 5.4 Value Engineering. 5.4.1 Limited Value Engineering. Whenever the term “Value Engineering” is used in conjunction with the Contract Documents or the Work, it has its commonly accepted meaning within the construction industry and does not imply the practice of professional engineering without a license. If any Value Engineering activities constitute the professional practice of engineering, then such activities must be performed by an engineer licensed in Texas. A/E and Owner and, to the extent applicable, their other third party consultants, may have already conducted a separate Value Engineering Review. The time to perform Pre-Construction Phase services does not allow for an extensive revision and redesign of the Project. However, the Owner is willing to consider additional Value Engineering recommendations proposed by the CM, to the degree that they can be accomplished in the time allowed and to the extent that any proposed changes can be accomplished with limited revisions to the Contract Documents. Additionally, to the extent that CM’s estimated construction costs exceed the Construction Cost Limitation (or any applicable portion thereof) or the Construction Costs Fixed Limit established by an IGMP, CM shall exercise best efforts to propose Value Engineering solutions to bring such construction costs within any applicable Limit. Value Engineering activities must be performed concurrently with and without delay to the Contract Time Requirements for the Project, including the Milestones. 5.4.2 VEP Preparation. As a minimum, the CM shall include the following information in each Value Engineering Proposal (“VEP”): .1 A description of the difference between the existing and proposed design, the comparative advantages and disadvantages of each, a justification when an item’s function is being altered, the effect of the change on system or facility performance; .2 A list and analysis of design criteria or specifications that must be changed if the VEP is accepted; .3 A separate detailed estimate of the impact on project cost of each VEP, if accepted and implemented by the Owner; and .4 A description and estimate of costs the Owner may incur implementing the VEP, such as design change cost. (A/E will be directed to provide input on the estimate.) Agreement – Construction Manager-at-Risk 00 50 00 - 11 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 5.4.3 VE Review and Approval. The proposed Value Engineering solutions will be promptly reviewed by A/E, whose review will consider all Project areas implicated in the proposed VE solution(s) and will make a recommendation to the Owner. Owner will promptly approve or reject A/E’s recommendations. The A/E will incorporate any approved VE solutions into the Contract Documents. 5.5 Budget, Cost Estimating, and Cost Control. 5.5.1 Preliminary Cost Estimating. As part of the RFQ/RFP process and of the Preconstruction Phase Services, the CM shall prepare, for the review of the A/E and approval of the Owner, a Preliminary Cost Estimate for the Work of the Project in reasonable detail and in compliance with Section 5.5.2 below and based upon the Drawings and Specifications and such other construction documents approved by the Owner for cost estimating and such other information furnished by the A/E and the Owner, utilizing area, volume or similar conceptual estimating techniques for the Work. 5.5.1.1 In addition to the foregoing, when Schematic Design Documents have been issued by the A/E for the entire Work or for any Work Package and approved by the Owner for cost estimating, the CM shall prepare, for the review of the A/E and approval of the Owner, a cost estimate for the Work or the respective portion thereof in reasonable detail and in compliance with Section 5.5.2 below, with such supporting data as reasonably requested by Owner. During the preparation of the Design Development Documents, the CM shall update and refine this estimate at appropriate intervals agreed to by the Owner and CM. 5.5.1.2 CM shall provide such additional cost estimating as may be required for preparing the GMP Proposal for the Work and each Work Package as directed by the Owner and as provided in Article 7 below. 5.5.2 Cost Management Report. With regard to each preliminary cost estimate CM is required to provide, including the pricing for the Initial Guaranteed Maximum Price (IGMP) and GMP Proposals for each Work Package as required in Section 7.4.1 below, the CM shall provide a Cost Management Report that compares Owner’s Construction Cost Limitation for the Work to CM’s estimated construction costs. If CM’s estimated construction costs would reasonably cause the Owner's Construction Cost Limitation for the Project or for any Work Package (to the extent that a Construction Cost Limitation for the Work Package has been established in the Contract Documents) to be exceeded, CM shall develop reasonable strategies to be reviewed by the A/E and approved by the Owner to reduce the costs estimated to be incurred during all stages of the Construction Phase of the Work. 5.5.3 Schedule of Values. As part of the negotiation of the Guaranteed Maximum Price for each Work Package, CM shall provide an initial Schedule of Values for that scope of the Work. Owner will review the initial contents and format for the Schedule of Values after receipt and suggest any revisions or request any additional information. Further, the Schedule of Values will conform to the requirements of the Contract Documents, will be subdivided into component parts in sufficient detail to serve as the basis for Progress Payments during the Project, and will be updated as needed, but at least monthly prior to submitting each Application for Payment. 5.5.4 Procurement and Estimates. CM shall prepare and be responsible for all Subcontractor procurement and construction cost estimates. Agreement – Construction Manager-at-Risk 00 50 00 - 12 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 5.5.5 Advice; Recommendation-Contract Amount and Contract Time. CM shall advise the other members of the Project Team immediately, if at any time the CM has knowledge or belief that the Contract Amount or Contract Time Requirements will not be met, and make recommendations to the Project Team for corrective action to bring the costs down or to bring the Project back on Schedule. 5.7 Construction Planning. 5.7.1 Procurement Plan. CM shall provide to Owner for review and approval a “Procurement Plan” which contains the CM’s procurement process and procedures. It should contain information such as identification of long lead items, recommended phased construction, identification of work to be bid or acquired by Competitive Sealed Proposal method including evaluation criteria and award factors, identification of work to be self-performed, solicitation documents and subcontractor agreements and forms, scoring matrix and evaluation method, bid award process, outreach efforts and initiatives to ensure MBE/WBE compliance, and solicitation schedule. Solicitation schedule should include key dates and milestones such as advertisement dates, bid openings, IGMP and GMP Proposal dates, GMP review period, proposed City Council dates and approvals and any other information relative to the CM’s procurement process. 5.7.2 Long Lead Items. Identify any equipment, materials or other components of the Work for which orders must be placed in advance of the commencement of the respective Work in order to achieve the applicable Contract Time Requirements and to protect the Owner from excessive cost escalations (“Long Lead Items”) and expedite the procurement by both CM and Owner of Long Lead Items to ensure delivery and installation for all Construction Trades Packages by the dates provided on the Progress Schedule and within the applicable Contract Time Requirements. 5.7.3 Assistance. If requested and approved by Owner, participate with A/E in preparing performance specifications and requests for technical proposals for the procurement and installation of systems and components. 5.7.4 Phased Construction. CM shall make recommendations to the Owner and A/E regarding the phased issuance of Drawings and Specifications to modify the existing schedule of the Work Packages or to add Work Packages to facilitate construction of the Work, if such modifications or additions are appropriate for the Project, taking into consideration such factors as economies, time of performance, availability of labor and materials, and provisions for temporary facilities. 5.7.5 Issue Requests. As requested and approved by Owner, issue invitations for bids and/or requests for technical proposals to qualified sources and receive bids and/or proposals and assist in their evaluation. 5.7.6 Pre-bid and/or Pre-proposal Conferences. Schedule and conduct pre-bid and/or pre-proposal conferences with interested proposers, subcontractors, material suppliers, and equipment suppliers, and record minutes of same. 5.7.7 Bids and/or Competitive Sealed Proposals. The Owner requests and requires that all bids or proposals be made available to the Owner and the Principal Architect/Engineer in accordance with the following process and procedures. Agreement – Construction Manager-at-Risk 00 50 00 - 13 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 5.7.7.1 CM Solicitation. In coordination with Owner and in accordance with Texas Local Government Code Chapter 252 and/or Section Texas Government Code 2269.255-256, CM shall develop Subcontractor interest in the Project, and each respective Work Package, and, as the Construction Documents are completed, publicly advertise and solicit bids and/or competitive sealed proposals from Subcontractors to perform all major elements of the Work other than the minor work that may be included in CM's General Conditions Costs. 5.7.7.2 CM Self-Perform. CM may seek to perform portions of the Work itself, other than the minor work that may be included in the CM's General Conditions Costs, if CM submits its proposal for those portions of the Work in the same manner as all other Subcontractors. If CM intends to submit a proposal for such Work, it shall notify Owner prior to soliciting proposals and all such bids and/or sealed proposals will be submitted directly to Owner or its designated representative. If Owner determines that CM’s proposal provides the best value for Owner, CM will be awarded that portion of the Work. Owner’s determination in such matters is final. 5.7.7.3 Alternate Subcontractors. If CM reviews, evaluates and recommends to Owner a proposal from any Subcontractor, but Owner requires a proposal from another Subcontractor to be accepted, then, pursuant to the terms of the Contract, Owner shall compensate CM by a change in price, time or Stipulated Sum for any additional cost and risk, which has been demonstrated to Owner’s satisfaction, which CM may incur because of Owner’s requirement that another Subcontractor proposal be accepted. 5.7.8 M/WBE Compliance. Comply with the Owner’s M/WBE Ordinance by implementing and monitoring the M/WBE Procurement Program. Meet Project M/WBE goals and/or make a good faith effort to do so, and complete the Compliance Plan. 5.7.9 Quality Control Plan. Develop a quality control Work plan to assure requirements of the Contract Documents are met with a minimum of remedial work. The CM will plan for scheduling all needed tests with Owner, Owner’s Third Party Contractors and consultants and any applicable testing agencies. 5.7.10 Temporary Site Facilities. CM shall review the Contract Documents to ensure that adequate temporary facilities are provided as necessary to enable the Subcontractors to perform their work and provisions have been made for all Project Site facilities necessary for CM to manage, inspect, and supervise the Work. Further, CM shall provide Owner’s Third Party Contractors: access to the Site; access to the sanitary facilities; access to temporary water and power on Site; and access to the Site for minor storage. CM is not required to provide storage containers or large storage space, office trailers, dumpsters for recycling, or hauling services for Owner’s Third Party Contractors or Consultants, unless CM and Owner otherwise agree. 5.7.11 Safety Plans. CM is responsible for initiating, maintaining, and supervising all safety programs and precautions as required by the Contract Documents. 5.7.12 Labor Analysis. Provide an analysis of the types and quantities of labor required for the Work and review the appropriate categories of labor required for critical stages of the Work. Make recommendations for actions that will minimize adverse effects of labor shortages on the Progress Schedule. Agreement – Construction Manager-at-Risk 00 50 00 - 14 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 5.7.13 Division of Work. CM shall make recommendations to Owner through OAR and the A/E regarding the division of Work in the Drawings and Specifications, taking into consideration such factors as time of performance, availability of labor, impact on M/WBE involvement, overlapping trade jurisdictions, and provisions for temporary facilities. 5.8 Owner’s Third Party Contracts. Consult with and make recommendations to the Owner, the A/E, and any applicable Owner’s Third Party Contractors on the acquisition schedule for (as applicable) fixtures, furniture, equipment, materials, information technology systems, and other systems. Coordinate the purchase, delivery, and installation of such items in accordance with the Progress Schedule as may be required to meet applicable Substantial Completion. ARTICLE 6. CONSTRUCTION PHASE RESPONSIBILITIES The Preconstruction Phase will overlap into the Construction Phase, and CM will provide those services as required throughout the duration of the Contract. Additionally, the CM will perform the services in the Construction Phase as set forth in this Article 6 and elsewhere in the Contract Documents. 6.1 General Coordination. 6.1.1 Coordination. In consultation with Owner, establish and implement procedures for coordination among the Project Team, Subcontractors, Owner’s Third Party Contractors, A/E, and other consultants, including coordinating installation of any Owner-procured material and equipment. CM shall provide recommendations and information to the other members of the Project Team on: construction feasibility; availability of materials and labor; time requirements for installation and construction; development of a safety plan and responsibilities for safety precautions and programs; temporary Project facilities; equipment, materials and services for common use of the CM and Owner’s Third Party Contractors, if any; cost factors, including costs of alternative materials and possible cost savings; methods of verification for determining that the requirements and assignment of responsibilities are included in the Contract Documents; and any other matters necessary to accomplish the Work in accordance with the Contract Time Requirements and the Contract Amount. 6.1.2 Meetings. CM shall attend Owner’s weekly progress meetings, and fully advise the Project Team at such meetings as to Project status, especially with regard to the Progress Schedule. At each weekly progress meeting, CM shall prepare and distribute an excerpt from the Progress Schedule setting forth the Work activities for the next three weeks. Attend all other called Project meetings with Project Team members. 6.1.3 Agenda and Minutes. Prior to scheduled progress meeting, CM/QC will prepare and distribute a written agenda for the meeting. CM will record and distribute the minutes of each meeting. CM will also prepare agendas and minutes for all other called meetings. Review the agendas and minutes and provide comments, if any. 6.1.4 Public Hearings. At Owner’s request, CM shall attend public meetings and hearings concerning the development and schedule of the Project. Agreement – Construction Manager-at-Risk 00 50 00 - 15 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 6.1.5 Decision Tracking Report. CM shall continuously update a “Decision Tracking Report,” which records all Work issues and the decisions on how to resolve each one. At Final Completion of the Work, the Decision Tracking Report will provide a final and complete record of each Work issue and decision and will be provided to Owner. The updates must be done at least monthly immediately prior to the then current Application for Payment. 6.1.6 Partnering. CM shall plan, coordinate, and conduct quarterly Partnering sessions with all appropriate Project Team members, including Major Subcontractors designated by CM and Owner, throughout all stages of the Work, based on approved Partnering Program. Publish and distribute meeting minutes to all attendees. 6.1.7 Permits, Licenses, Fees. CM shall confirm that all approvals, reviews, permits, licenses that are required for all portions of the construction of the Work to commence have been received 6.1.8 Submittal Schedule. CM shall update and coordinate all Submittal Schedules for Shop Drawings and Samples required by Division 1 and assure submission of the Submittals in accordance with the Submittal Schedule. 6.1.9 List of Personnel and Subcontractors. Upon proposing the GMP Proposal for a Work Package, CM must submit an updated Exhibit 3 which shall include a list of all Subcontractors and consultants and their respective key personnel and salaried specialists and their respective duties for portions of the Work of the respective Work Package, which updated Exhibit 3 will be substituted for the then existing Exhibit 3. The CM’s personnel identified in Exhibit 3 must not be changed without the Owner’s prior written agreement, which will not be unreasonably withheld. The CM must notify Owner of any change to Subcontractors and consultants identified on Exhibit 3, as amended. 6.1.10 Construction Planning. To the extent that the Owner has agreed to permit the CM to submit a subsequent Construction Trades Package for a Work Package after the GMP Proposal for that Work Package has been submitted, CM shall prepare and submit such subsequent Construction Trade Package in accordance with the process set forth in Section 5.7.6 with an amended Exhibit 3. 6.2 Project Control. 6.2.1 Subcontracts. CM shall cause the Work to be constructed in strict accordance with the Contract Documents and within the applicable Contract Time Requirements of the Contract Documents, CM shall award and enter into and manage, as the general contractor, all Subcontracts necessary to provide all labor and materials for the Work. 6.2.2 Owner’s Third Party Contracts. Owner reserves the right to perform any part or all of the Work and to award Third Party Contracts (“Third Party Contracts”) to Owner’s Third Party Contractors for Other Work. 6.2.3 Monitoring Progress. CM shall monitor the Work of the Subcontractors and other work of Owner’s Third Party Contractors in conjunction with the Progress Schedule to ultimately achieve completion of the Work, as designed, at a cost not to exceed the applicable Contract Amount and GMP and within the applicable Contract Time Requirements. CM shall update the Labor Analysis, as needed. Agreement – Construction Manager-at-Risk 00 50 00 - 16 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 6.3 Progress Schedule. CM must achieve sufficient progress in the Work to keep on schedule with the timelines and Milestones set out in the Project Schedule in order to ultimately achieve the applicable Contract Time Requirements for the Project and each Work Package. Updating the Progress Schedule in a timely manner and comparing it to the Project Schedule will be a continuing priority for CM during the entire Project. 6.3.1 CM shall use Oracle Primavera or such other scheduling program approved by Owner and provide Owner with a copy of the program for its use in connection with the administration of this Project, and shall update the Progress Schedule as reasonably required by Owner, but not more often than weekly nor less often than monthly, immediately prior to each then current Application for Payment. 6.3.2 Proposed adjustments to the Progress Schedule that do not change the applicable Contract Time Requirements, including applicable Milestones, and which generally conform to the then current Project Schedule and applicable provisions of Division 1 will be approved by OAR in its reasonable discretion. 6.4 Budget and Cost Control. 6.4.1 Administration. CM shall prepare, administer, and provide to Owner, Subcontractors’ Schedule of Values, Subcontractors’ sworn statements and waivers of liens, as required, Contract and disbursement summaries, Change Order Logs and Change Orders, and budget cost summary reports, as required by Owner. 6.4.2 Procurement and Estimates. CM shall prepare and update all procurement and construction cost estimates. 6.4.3 Cost Management Report. CM shall continue updating the Cost Management Report, with additional detail as may be required by the Owner and/or A/E, monthly prior to submitting the next Application for Payment. Further, the Cost Management Report shall track and compare Construction Cost Limitation amounts and GMP with the actual costs of the Work. Also, throughout the duration of the Work, continue providing cost consultation services. 6.4.4 Report Cost Variances. CM shall promptly, but in any event, no more than seven Calendar Days after acquiring such information, identify all variances between estimated costs and actual costs, and shall promptly report such variances to the Project Team along with recommendations for action. 6.4.5 Schedule of Values. CM shall continue updating the CM’s Schedule of Values monthly prior to submitting the next Application for Payment. 6.4.6 Advice. CM shall advise the other members of the Project Team immediately, if at any time, the CM has knowledge or belief that the Contract Amount or Project Schedule will not be met, and make recommendations to the Project Team for corrective action. 6.4.7 Cost Control System. CM shall develop and monitor an effective system of Project cost control, which system shall be disclosed to and reviewed and approved by Owner and OAR. In connection with the management of the Cost Control System, CM shall develop cash flow reports and forecasts as reasonably requested or required by Owner or OAR. Agreement – Construction Manager-at-Risk 00 50 00 - 17 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 6.5 Recovery Schedule. If the Progress Schedule indicates that the Work cannot be achieved within the applicable Contract Time Requirements or the Owner otherwise determines that CM is not on schedule to achieve the applicable Contract Time Requirements, Owner will notify CM in writing. 6.5.1 CM will have 7 Calendar Days after receipt of such notice to either (a) disagree with Owner and provide documentation, using the cost and resource loaded critical path methodology, of how CM is actually on schedule to achieve the Contract Time Requirements for the Project and each applicable Work Package or (b) provide Owner and A/E a Recovery Schedule, which identifies specific measures that CM will undertake to get the Project back on schedule to achieve the Contract Time Requirements for the Project and each applicable Work Package, and which must remain in effect until the progress of the Work is back on schedule to achieve the applicable Contract Time Requirements for the Project and each applicable Work Package. 6.5.2 A “Recovery Schedule” means a short duration schedule implemented to bring the Project back on schedule to achieve the Contract Time Requirements for the Project and each applicable Work Package. The Recovery Schedule may include any of the following items, or other similar measures. .1 An increase in working forces; .2 An increase in equipment or tools; .3 An increase in hours of Work or number of shifts; or .4 Expedited delivery of material. 6.5.3 CM is not entitled to an increase in Contract Amount for any additional temporary effort necessary under the Recovery Schedule. 6.7 Construction Planning. Without limiting CM's obligations to continue to perform necessary Preconstruction Phase Services after commencement of the Construction Phase for each respective Work Package, CM shall perform the following services in connection with the Construction Phase Work. 6.7.1 Long Lead Items. CM shall coordinate and expedite the procurement by both CM and, as applicable, Owner of Long Lead Items to ensure their procurement, delivery, and installation by the Milestone dates provided on the Progress Schedule. 6.7.2 Assistance. If requested and approved by Owner, CM shall participate with A/E in preparing performance specifications and requests for technical proposals for the procurement and installation of systems, components. 6.7.3 Issue Requests. If requested and approved by Owner, CM shall issue requests for technical proposals to qualified sources and receive proposals and assist in their evaluation. 6.7.4 Bids, Competitive Sealed Proposals and Conferences. When Bids, Competitive Sealed Proposals and Pre-Bid or Pre-proposal Conferences are required, CM shall follow the methodology set out in Section 5.7, Construction Planning. 6.7.5 M/WBE Procurement Program. CM shall continue to comply with and implement and monitor the M/WBE Procurement Program for the Project. Meet Project M/WBE goals and/or make a good faith effort to do so, and complete the Compliance Plan. Agreement – Construction Manager-at-Risk 00 50 00 - 18 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 6.7.6 Quality Control Plan. CM shall continuously implement and monitor the quality control Work plan to assure requirements of the Contract Documents are met with a minimum of remedial work. CM shall schedule and coordinate all needed tests with Owner, Owner’s Third Party Contractors, consultants and any applicable testing agencies, and notify Owner and A/E of the day and time of any test, without assuming direct responsibility for the work of Owner’s Third Party Contractors and any testing agencies. See Section 13.3 of General Conditions. 6.7.7 Temporary Site Facilities. CM shall maintain adequate temporary facilities necessary to enable the Subcontractors to perform their work, and provisions for all Project Site facilities necessary for CM to manage, inspect, and supervise the Work. Further, CM shall provide Owner’s Third Party Contractors: access to the Site; access to the sanitary facilities; access to temporary water and power on Site; access to the Site for minor storage. CM is not required to provide storage containers or large storage space, office trailers, dumpsters for recycling, nor hauling services for Owner’s Third Party Contractors or Consultants, unless CM and Owner otherwise agree. 6.7.8 Safety Plans. CM shall maintain and supervise all safety precautions in coordination with the CM’s safety plan and program in connection with the Work. 6.7.9 Labor Analysis. CM shall update the Labor Analysis as needed and make any appropriate recommendations for actions that will minimize adverse effects of labor shortages on the Progress Schedule. 6.8 Owner’s Third Party Contracts. As applicable, CM shall continue to coordinate the Owner’s purchase, delivery and installation of any Owner Supplied Equipment, materials or other such items as may be required to achieve applicable Milestones on the Project Schedule and the Progress Schedule for complete installation prior to Substantial Completion and, as applicable, the LEED’s off-gassing Milestone. ARTICLE 7. CONTRACT AMOUNT 7.1 Contract Amount. Owner shall pay CM, in accordance with the General Conditions of Contract, the Contract Amount equal to: (i) the CM's Preconstruction Phase Services Fee and Preconstruction Phase Reimbursables as provided in Section 7.2.1 below, (ii) the CM's Fee for Construction Phase Services as provided in Section 7.2.2 below, and (iii) the Cost of the Work as provided in Section 7.3 below, subject to the GMP established in Section 7.4 below and any adjustments made in accordance with the Contract Documents. The applicable Contract Amount and its component elements for each Work Package shall be subject to the GMP for that Work Package. 7.2 CM’s Preconstruction and Construction Phase Fees 7.2.1 CM's Preconstruction Phase Fee. The Preconstruction Phase Services performed prior to the commencement of the Construction Phase, are subsidiary to construction phase. Agreement – Construction Manager-at-Risk 00 50 00 - 19 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 7.2.2 CM's Construction Phase Fee. The CM's Fee for the Construction Phase of the entire Project is included within the schedule of values in Exhibit 4. 7.3 Cost of the Work. 7.3.1 Included Costs. The Cost of the Work shall include only the following: .1 Wages or salaries of employees of CM actually performing minor portions of the Work as permitted by law and the Contract Documents or, with Owner's agreement, at locations off the Site. .2 Wages or salaries of CM's supervisory and administrative personnel approved by the Owner or otherwise authorized under the Contract Documents when stationed at the site and working full time on the Project or working off-site to assist in the production or transportation of material and equipment necessary for the Work. .3 Costs incurred by CM for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements, or which are customarily paid by CM, but only to the extent such costs are based on wages and salaries paid to employees of CM covered under Subsections 7.3.1.1 through 7.3.1.2 above. Notwithstanding the foregoing, the costs under this Subsection 7.3.1.3 are included within the rates as set forth in Exhibit 4. .4 Payments properly made by CM to Subcontractors and consultants for performance of portions of the Work and to the CM for self-performed Work as authorized by the Contract Documents and agreed by the Owner. To the extent that Owner has authorized the CM to enter into a subcontract whose compensation is based upon the cost of the work plus a fee, the cost of the work under such subcontract shall incorporate the same definition of the Cost of the Work as set forth in this Agreement. .5 Costs, including transportation, inspection, testing, storage and handling, of materials, equipment, and supplies incorporated or reasonably used in completing the Work. .6 Costs (less salvage value) of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, that are not fully consumed in the performance of the Work and that remain the property of CM, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items. .8 Costs of removal of debris and waste from the Site. All subcontracts shall require Subcontractors to remove regularly all debris created by their activities to a dumpster provided by CM, and CM shall enforce such requirements or effect an appropriate back charge to those Subcontractors who fail to meet their Agreement – Construction Manager-at-Risk 00 50 00 - 20 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 requirements in this regard. .9 All fuel costs incurred by CM in the performance of portions of the Work self- performed by CM and not otherwise included in General Conditions. .10 Reproduction costs, costs of telegrams, facsimile transmissions and long-distance telephone calls, postage and express delivery charges, telephone at the site and reasonable petty cash expenses of the site office. .11 Costs for permits, royalties, licenses, tests and inspections and reasonable attorney’s fees incurred by CM as a requirement of the Contract Documents, provided that any such attorney’s fees are incurred in enforcing this Agreement on behalf of the Owner and Owner has been notified of the need to obtain such legal services and the Owner has been afforded the opportunity to provide its own legal services. .12 That portion directly attributable to this Contract of premiums for insurance and bonds that are required by the Contract Documents or otherwise agreed to by the Owner. .13 Reasonable Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property provided such costs do not arise from the negligence of CM or those working by and through CM. .14 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner prior to incurring these costs, which approval will not be unreasonably withheld or delayed. 7.3.2 CM's General Conditions Costs. The Owner and CM have hereby agreed that those certain administrative and supervisory personnel costs, direct overhead, and other onsite costs and expenses incurred by Contractor in the performance of its administrative, supervisory and management responsibilities under the Contract otherwise reimbursable under Section 7.3.1 above and included in CM's General Conditions Costs Schedule attached hereto as Exhibit 4. 7.3.3 Excluded Costs The following costs are excluded from the Contract Amount to be paid by Owner: .1 Legal and administrative costs to review and negotiate these Contract Documents. .2 Travel and subsistence expense of CM, its officers or employees incurred while traveling between the Site and CM’s principal or branch offices in Corpus Christi, and other travel in the Corpus Christi metropolitan area not authorized under Section 7.3.1.4. .3 Fines, penalties, sanctions or impositions assessed or imposed by any governmental body, instrumentality or tribunal arising from the fault of CM. Agreement – Construction Manager-at-Risk 00 50 00 - 21 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 .4 Costs incurred by CM resulting from the failure of CM or its Subcontractors to coordinate their work with that of Owner and Owner’s Third Party Contractors, if any, after providing the Progress Schedule, or failure of CM to comply with directives of Owner not in conflict with the Progress Schedule. .5 Costs resulting from the failure of CM or any Subcontractor to procure and maintain insurance as and to the extent required by the Contract Documents. .6 Any and all overhead expense, or office expense at any location, except as related to CM’s Project Site office expense to the extent included in the General Conditions. .7 Costs related to CM’s indemnification obligations arising under the Contract Documents. .8 The cost of capital, including, without limitation, interest on capital, regardless of whether it is related to the Project. .9 Any cost arising out of the fault or negligence of CM, its Subcontractors or consultants, or any person or entity for whom they may be liable, including, without limitation, costs related to defective Work, materials or equipment, and damage to persons or property. .10 Liquidated or actual damages imposed by Owner for failure of CM to complete the Work on or before the Substantial Completion Date. .11 Any sales, use or similar taxes, tariffs or duties incurred in the performance of the Work. The parties hereto acknowledge that Owner is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and is thereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas Tax Code, and Article 1066 (C), Local Sales and Use Tax Act, Revised Civil Statutes of Texas. Owner shall provide CM with a Sales Tax Exemption Certificate in order to provide for the tax-free purchase and procurement of services and materials for the Project. .12 Any and all costs not specifically authorized herein, including, without limitation, any cost which would cause the applicable GMP to be exceeded or, in the case of the CM's General Conditions Costs, that would cause the respective aggregate cap to be exceeded, or in the case of the Preconstruction Phase Reimbursables, that would cause the respective limit of such reimbursement to be exceeded. .13 The cost of non-statutory subcontractor bonds or subcontractor default insurance. 7.4 Guaranteed Maximum Price. The sum of the (i) the CM's Preconstruction Phase Fee and Preconstruction Phase Reimbursables, (ii) the CM's Fee for Construction Phase Services, and (iii) the Cost of the Work shall not exceed the Guaranteed Maximum Price ("GMP") as established or to be established hereunder, subject to such adjustments as may be expressly authorized by the Contract Documents. Once the applicable GMP has been established in accordance with the Contract Documents, all costs which would cause the GMP to be exceeded shall be paid by the CM without reimbursement by the Owner. 7.4.1 GMP Proposals. Are based upon the information, analysis, findings and reports developed during the Preconstruction Phase, at _60____% completion of the Construction Documents. Notwithstanding the foregoing, the estimated Cost of the Work component of the CM's GMP Proposal (inclusive of the Construction Contingency) shall not exceed the Construction Costs Fixed Limit Agreement – Construction Manager-at-Risk 00 50 00 - 22 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 from the IGMP accepted by the Owner for such Work, except to the extent that CM can establish that such increases were the result of changes in the scope of the Work from the pricing for the IGMP and for which the CM would otherwise be entitled to an increase in the Contract Amount under the Contract Documents if such change occurred after the GMP was established. 7.4.2 GMP Proposal Requirements. The GMP Proposal shall be consistent with the Guidelines to Prepare the GMP Proposal attached hereto as Exhibit 6 and shall include the following, unless the Parties mutually agree otherwise: .1 A proposed GMP for the designated portion of the Work, which shall be the sum of: i. the CM's Fee for the designated portion of the Work as defined in Section 7.2.2 above; and ii. the estimated Cost of the Work, including the CM's General Conditions Costs, as defined in Section 7.3 above, inclusive of any Construction Contingency, if such a Contingency is established in the accepted GMP Proposal, for the designated portion of the Work. .2 A list of the Construction Documents, including all other information used as the basis for the GMP proposal; .3 A list of the assumptions and clarifications made by CM in the preparation of the GMP Proposal, which list is intended to supplement the information regarding the scoping and requirements of the Work contained in the Construction Documents; .4 If applicable, a list of Allowances or any other open pricing terms and a statement of their basis; .5 If applicable, a schedule of Unit Prices; .6 The Contract Time Requirements for the designated portion of the Work, including the Milestone dates and the required Substantial Completion Date upon which the proposed GMP is based, to the extent said date has not already been established hereunder, .7 A Schedule of Values based upon the Contract Time Requirements; .8 Any other information requested in the attached form of the GMP Proposal. The GMP Proposal must be prepared with a breakdown of estimated costs organized by trade, allowances, contingencies, etc. presented in Exhibit 4. 7.4.3 Negotiation of IGMP and GMP Proposals. After submission of each of the IGMP and the GMP Proposals for the entire Work or any Work Package, CM and Owner shall promptly meet to discuss and review the respective Proposals. To the extent that the estimated Cost of the Work component of a GMP Proposal exceeds the Construction Costs Fixed Limit established in an agreed IGMP, the CM shall exercise best efforts (as measured by its applicable standard of care under the Contract) to propose Value Agreement – Construction Manager-at-Risk 00 50 00 - 23 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 Engineering solutions and other cost-cutting measures to bring such construction costs within the applicable Limit. In the event that the estimated Cost of the Work component exceeds the applicable Construction Costs Fixed Limit and such cost increase is not due to a change in the scope of the Work, CM shall not be entitled to any reimbursement for the time or expenses required to bring such construction costs within the applicable Limit. If Owner has any comments regarding the respective Proposal, or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to CM of such comments or findings. If appropriate, CM shall, upon receipt of Owner's notice, make appropriate adjustments to the respective Proposal. If Owner accepts a GMP Proposal, as may be amended by Owner and CM, the Proposal and its basis shall be set forth in a Notice to Proceed to this Agreement. Notice to Proceed may be issued immediately upon full approval and execution and receipt of all required bonds and insurance. CM agrees that to the best of its knowledge that the Contract Documents at the time of the execution of the respective Notice to Proceed are sufficient to enable it to determine the GMP for all the Work covered by such Amendment and that such Work can be completed in accordance with the Contract Documents for the GMP. By agreeing to a GMP, CM agrees with Owner that the Work required by the Contract Documents for the Work covered by the respective Notice to Proceed, including, without limitation, construction means, methods, procedures, and techniques necessary to perform the Work, will be consistent with (i) good and sound practices within the construction industry; (ii) generally prevailing and accepted industry standards applicable to the Work, and (iii) requirements of any warranties applicable to the Work. 7.4.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal for the entire Work or any Work Package (which it may do in its sole discretion), or fails to notify CM in writing within thirty (30) calendar days of receipt of the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and CM shall meet and confer as to how the Project will proceed, with Owner having the following options, the selection of which option Owner may make in its sole discretion: .1 Owner may suggest modifications to the GMP Proposal and consider CM's additional VEP and other suggestions for cost reduction, whereupon, if such modifications are accepted in writing by Owner and CM, the GMP Proposal shall be deemed accepted and the Parties shall proceed in accordance with Section 7.4.3 above; .2 Owner may authorize and direct, in writing, the CM to proceed with the specified Work on the basis of reimbursement as provided in Sections 7.2 (CM Fee) and 7.3 (Cost of Work) hereof without a GMP, in which case all references in this Agreement to the GMP will not be applicable; or .3 Owner may terminate this Agreement or the portion thereof relating to the Work Package for convenience in accordance with the Contract Documents; provided, in such event, CM will be entitled to the payment as provided in the Contract Documents for termination for convenience. 7.4.5 Construction Contingencies. Each IGMP and GMP for the Work or any Work Package shall include a Construction Contingency in the amount as expressly authorized in this Agreement. Such Construction Contingency shall be shown in the respective Schedule of Values and clearly identified as the "Construction Contingency". The Construction Contingency shall not be allocated to any particular item Agreement – Construction Manager-at-Risk 00 50 00 - 24 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 of the Cost of the Work and is established for increases in Cost of the Work incurred by the CM for unforeseen causes or details not capable of reasonable anticipation at the time of the execution of this Agreement or the respective Notice to Proceed and is not intended for changes in the scope of the Work or for reimbursement of expenses and costs not otherwise recoverable as Cost of the Work under Article 7 of this Agreement. It is understood that the amount of any such Construction Contingency, except as otherwise provided in this Agreement, is the maximum sum available to the CM to cover cost incurred as a result of such unforeseeable causes or details and that cost overruns in excess of the amount of the Construction Contingency will be borne by the CM. The CM will not be allowed to use any part of the Construction Contingency without prior written approval from the Owner, such approval not to be unreasonably withheld. 7.4.6 Allowances. Allowance is defined as "a not-to-be-exceeded amount,” either individually or in the aggregate, which is established between the Owner and the CM as part of a GMP Proposal when the precise scope of a particular line item(s) has not been defined to a level which is adequate for the CM to provide a definitive line item pricing for that particular scope of Work. The use of any Allowances by the CM in any GMP Proposal will be subject to the Owner’s sole approval and it is the Owner’s intent to minimize the use of Allowances to the fullest extent possible. For any Allowances which the Owner allows the CM to use, the following rules shall apply: (i) Allowances shall cover the cost to the CM of the Cost of Work, as defined in the Agreement; (ii) CM’s portion of the Fee for overhead and profit associated with the stated Allowance shall be included in the GMP Proposal; and (iii) upon completion of the portion of the Work subject to an Allowance, the Contract Amount for that portion of the Work will be adjusted based upon the approved actual Cost of the Work, including the proportionate fee, which will not exceed the approved aggregate amount of the Allowances. 7.4.7 Adjustments to GMP and Schedule. Once an IGMP or GMP has been agreed upon and incorporated into the Contract, such GMP is subject to adjustments only as provided in the Contract Documents, including Article 11 of the General Conditions. The Contract Time Requirements applicable to the entire Work or a Work Package is subject to adjustments only as provided in the Contract Documents. ARTICLE 8. PROCEDURE FOR PAYMENT 8.1 Payment Application. Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 8.2 Progress Payments; Retainage: 8.2.1 The Owner will make progress payments once per month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. 8.2.2 Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. Agreement – Construction Manager-at-Risk 00 50 00 - 25 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 8.2.3 Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. 8.2.4 At the Owner’s option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. 8.2.5 At the Owner’s option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR’s estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 8.3 Final Payment. Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. 8.4 Interest. Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Owner is not obligated to pay interest on moneys not paid except as provide in Texas Government Code Chapter 2252. 8.5 Record Keeping and Financial Controls. CM acknowledges that this Agreement is to be administered on an “open book” arrangement relative to Costs of the Work and all other amounts included in the Contract Price. CM 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 from time to time, to audit in accordance with the General Conditions of the Contract. 8.6 Payments for Professional Services. The CM will be not compensated for Preconstruction Phase Services. ARTICLE 9. INSURANCE AND BONDS 9.1 Insurance. CM shall procure, in accordance with Article 2 of the General Conditions, the following insurance coverage: The specific insurance coverage requirements applicable to this Project as set forth in Form 00 72 01 Insurance Requirements, provided that there shall be no exclusions for the Construction Manager at Risk method described herein in any of the policies provided hereunder or any such exclusions shall be specifically deleted. 9.2 Bonds and Other Performance Security. Agreement – Construction Manager-at-Risk 00 50 00 - 26 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 9.2.1 CM shall provide a performance bond and payment bond, in accordance with Article 2 of the General Conditions, in the amount of the construction budget, $1,800,000. 9.2.2 CM 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. ARTICLE 10. REPRESENTATIVES OF THE PARTIES 10.1 Owner’s Authorized Representative 10.1.1 Owner designates the individual listed below as its Owner’s Authorized 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. Jerry Shoemaker, P.E. – Sr, Program Manager City of Corpus Christi – Engineering Services 1201 Leopard Street, 3rd Floor Corpus Christi, TX 78401 Wayne Otto, P.E. – Construction Engineer City of Corpus Christi – Engineering Services 4917 Holly Road #5 Corpus Christi, TX 78411 10.2 CM’s Representatives 10.2.1 CM designates the individual listed below as its representative: ___________________________________, Project Manager ____________________________________ ____________________________________ ARTICLE 11. EXHIBIT 11.1 The following exhibits are incorporated by reference into this Agreement and the Contract Documents for all purposes as if fully set forth: Exhibit 1 Site Map Exhibit 2 CM’s Project Schedule Exhibit 3 List of CM Key Staff/Personnel and List of Subcontractors and consultants and their respective Key Staff/Salaried Specialists Agreement – Construction Manager-at-Risk 00 50 00 - 27 Project # 5246 – New Fire Station No. 18 (Bond 2008) Rev 07/16 Exhibit 4 Form of GMP Proposal, including Cost of the Work with Construction Trade Package Schedule of Values ARTICLE 12. CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR – Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. In executing this Agreement, Owner and Construction Manager at Risk 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] ATTEST CITY OF CORPUS CHRISTI ____________________________________ _____________________________________________ Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services APPROVED AS TO LEGAL FORM: _____________________ AUTHORIZED BY COUNCIL ______________________ ___________________________________ Assistant City Attorney ________________________________ SECRETARY ATTEST (IF CORPORATION) CONTRACTOR __________________________________ _____________________________________________ By: _________________________________________ Note: Attach copy of authorization to sign Title: ________________________________________ if person signing for CONTRACTOR is not President, Vice President, Chief Executive _____________________________________________ Officer or Chief Financial Officer. 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A. 50•1445212445214452•04 15 15 Pi 214417 4417 21010 1..111.5. 42114 45.. 00 114417 AKIO 56 1244.4.24 4 11240 154417 •1090 2.5202.0.224 0 04 00.17 114411 a 1.411 .244.1 Vea1 1 Pi 5441/ 514111 4260 24 1024 i 01 114417 4.11 _ 14+11 4,114 14461 Awo 1 00 wnn AIM 4.100 510444 1 413.1,.1 1441 e1 • 02010..01.210+i 1.4.1703.17 2114 vmm.124....1 f 0004.1 PI 77.17 '44411 M 1.11 41411 40.0440.0 54.152 415151 nw4.l 4.4.7 00 11440 4.17 5140 1w.w.o.1.w. 0044417 4144 Al. 1452.2.1 OR 44117 41.41 457247 14417 51150 4.11404421 OA I/4411 won • 00 .41/ 0.47 52310 11..15..44 15 1 pawn114,11 ' •140 121.102/44104 I 00 134417 142117 1.0 oa.lawX.u.4 1 00 n 4417 A. 454242.14 7 00 014411 .241 04,524.5..• 00 42411 31... 004.01 1142417 A1•70 C.4141124•22251 7 0012.11 .511 Al. 425 F. taw 44•42112222 SO 20 014 31.17 05524.171 2rsm 1.*m.vv.. 2420. x522424:5 5 00 204417 0144/ 21510 112m..1442121.55 5 S 4 221555021 4447 A1110 1.11.254551 21151412..441 .10 00 31.017 01254.17 51110 02....4...x. 44.4 3 3 0021.11 05:.417 2124 02524•412511 m 51.00521+44142 w 11..1.5.11 505 5 AIM .22. 1. .240.11 .240 NV 00.1000, .0.0 000.1 n n 00 27+41 102417 10 10 011 4.17 10.14.17 It 10 PA 440 14411 • 10 004X.17 0..11 20 m 11.17 60,11 5 5 011 1055541/ 4217 a 10 4,44021 535441-• 4o e.....a0.,10.100•4"0 10 10 011 4.1.17 104417 4.0. m 20 .05.0.11 21100 5.2244441.4.512021.444.5.Im1 10 M 414.11 '21407 21531 15.142.4.1414.1441. 10 70 41%8.11 WANT 051.5.11 m.44...415241.p .ww.. mm� 54252 4.2254411141.1 .02..11521.1.1 - 4.42. 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HOFFMAN, CPA President elaine@barcom.cc EDUCATION: Texas A&M University Corpus Christi, Texas BBA, August 1989 CERTIFICATIONS: Certified Public Accountant License # 6226 — May 26, 1993 PROFESSIONAL EXPERIENCE: Supervises and provides financial expertise in a variety of financial reporting, managerial reporting and job cost reporting. Business owner with over 30 years experience in the construction field with comprehensive knowledge of the construction industry. OPERATIONS EXPERIENCE: • Owner/Client liaison • Contract Administration • Project Bid preparation ensuring accuracy and completeness • Quality Control to monitor the performance of corrective work to ensure compliance in accordance with contract requirements including attending site visits, analyzing complex situations, designing practical solutions, and implementing cost-effective plans. • Monitoring performance of work regarding production and quality • Personnel Hiring and Evaluation • Day-to-day operations, including staff supervision, purchasing, budget accountability, accounts payable/receivable, job cost budgeting, cost to complete and network administrator. BACKGROUND: • Barcom Construction, Corpus Christi, Texas President, Treasurer, Secretary, CPA • Barcom Commercial, Corpus Christi, Texas President, Treasurer, Secretary, CPA • ERH Builders, Inc., Corpus Christi, Texas President, Treasurer, Secretary • Yahara Construction, Inc., Corpus Christi, Texas Office Manager, Stockholder ACTIVE AND PRIOR PROFESSIONAL MEMBERSHIPS: • Texas Society of CPA's • American Institute of CPA's • Corpus Christi Chapter of Texas Society of CPA's - Board Member 2014-2015 • Executive Women International — Board Member 2010 -Present ELAINE R. HOFFMAN-2 ACTIVE AND PRIOR CIVIC MEMBERSHIPS: • Executive Women International — 2014 Advisory to Board • Executive Women International — 2013 President • Executive Women International — 2012 Vice President/Treasurer • Executive Women International — 2011 Treasurer • St. Philips Catholic Church — Eucharistic Minister • Most Precious Blood Church — 2015 Finance Committee • Most Precious Blood Church — 2014 True Presence Retreat Director • Most Precious Blood Church — ACTS/Eucharistic Minister • Most Precious Blood School PTO — Treasurer • Padre Little League — Board Member & Player Agent • Padre Little League — Baseball Coach 1995-2010 DAVID W. HOFFMAN Vice President dave@barcom.cc CERTIFICATIONS: • RS Means Cost Estimating • Primavera Scheduling PROFESSIONAL QUALIFICATIONS: Mr. Hoffman possesses extensive experience in general management of a highly successful general construction firm. With 29 years of extensive knowledge in the construction industry that includes commercial and land development, multi-million ground -up projects, medical facilities renovation and expansion, plus high-end tenant finish remodels. In the last twenty years, Mr. Hoffman has used this experience to provide South Texas with a company committed to the needs of the community for quality and service. As Vice President of the company, Mr. Hoffman actively participates in all projects, in charge for supporting personnel responsible for project management, estimating, quality control, safety and administration. As a major company project, he would dedicate as much time as necessary to ensure quality performance, timely delivery and customer satisfaction. Since 1986, Mr. Hoffman has been the hands on administrator of Barcom Commercial, Inc. by overseeing and developing the company's in-house divisions which include concrete, millwork, painting and remodeling. During this time, under his direction, Barcom has consistently met critical job budget and project deadlines. Mr. Hoffman has accomplished these goals while at the same time maintaining the highest safety record with over eighty-five employees. This emphasis on quality and safety has enabled the company to establish a bonding capacity $30 million per project with an aggregate of $70 million KEY PROJECT EXPERIENCE: • Ferguson Warehouse Addition, Corpus Christi, TX $ 1,800,000 • Navy Army Comm. Credit Union -Mission Branch, Mission, TX $ 2,600,000 • Presbyterian Pan American-TSSI/FEMA Community Safe Room, Kingsville, TX $ 4,100,000 • Tuloso Midway ISD FEMA/TSSI-Safe Shelter, Corpus Christi, TX $ 4,600,000 • Most Precious Blood Catholic Church, Corpus Christi, TX $ 2,700,000 • Bishop C.I.S.D. New High School, Bishop, TX $15,800,000 • New Middle School PSJA ISD , Pharr, TX $21,000,000 • South Sans Pavilions; South Sans ISD $ 3,400,000 • Dolph Briscoe Library; University of TX Health Science Center $ 2,500,000 • High School Science Lab Additions and Renovation; Aransas Pass ISD $ 2,000,000 • United Health Group Ovations Call Center; Harlingen, TX $ 2,700,000 • St John's United Methodist Church; Corpus Christi, TX $ 1,700,000 • Rhode Hall Renovations; Texas A&M -Kingsville, TX $ 3,600,000 • Potranco & Castroville Elementary School Additions $ 3,400,000 • Texas A&M 5 Year JOC Project $ 4,600,000 • Robstown Replacement Clinic; Robstown, TX $ 3,000,000 • JC Elliott Transfer Station $ 1,600,000 • Penske Truck Leasing $ 2,700,000 • Cefe Valenzuela Landfill $ 4,900,000 • Flint Hills, RC -2 Reliability Center $ 1,300,000 • American Retirement Corp Memory Enhancement — Corpus Christi $ 2,800,000 • American Retirement Corp Memory Enhancement — Victoria $ 2,600,000 • Nueces County Courthouse, Additions & Interior Renovations $ 2,000,000 • Star Plaza and Star Orthodontics, Corpus Christi, Texas $ 3,500,000 • Our Lady of Corpus Christi Chapel $ 3,600,000 • Region 2 ESC — Education Service Center $ 6,900,000 MICHAEL DOUGLAS, LEED AP General / Project Manager mike@barcom.cc EDUCATION: Del Mar College Corpus Christi, Texas Architectural Technologies & Drafting CERTIFICATIONS: • RS Means Cost Estimating • Primavera Schedule • Costworks & Pulsar • LEED AP • OSHA/CPR/First Aid PROFESSIONAL QUALIFICATIONS: Mr. Douglas possesses 18 years of construction experience, most of which is in Corpus Christi, Texas. He joined BARCOM Commercial, Inc. in 2001 and his unique qualifications include the ability to analyze and understand highly complex projects and to develop viable and innovative approaches to achieving objectives; an understanding of technically complex architectural and engineering features and processes and the ability to apply the knowledge to real-life situations through value engineering; the capacity to recognize issues before they occur and develop methods of mitigating; the ability to collaborate proactively with team members including designers, owners, users and regulatory authorities to ensure delivery of a project that satisfies the needs and objectives of all; and, a strong knowledge of management procedures and tools. He has extensive experience working closely with each member of the management team proposed for assignment to this project. KEY PROJECT EXPERIENCE: • Dr. Rene Rodriguez-Wellmed Office Addition • Flour Bluff ISD. Facility Improvements • Texas Precision Surgery Center • Corpus Christi Intl Airport -Quick Turn Around Facility • Most Precious Blood -St. Maria Goretti Youth Center • McAllen Public Library; McAllen, TX • Laredo I.S.D. — Shirley Field Sports Complex • Boys & Girls Club of Edinburg; Edinburg, TX • South Guth Ballfield Relocation; Corpus Christi, TX • Bishop C.I.S.D. New High School, Bishop, TX • Alice Heart & Vascular; Alice, TX (Design Build) • PSJA ISD — New Middle School; Pharr, TX • South Sans Pavillions; South Sans ISD • Dolph Briscoe Library; University of TX Health Science Center • High School Science Lab Additions and Renovation; Aransas Pass ISD • United Health Group Ovations Call Center; Harlingen, TX • St John's United Methodist Church; Corpus Christi, TX $ 1,481,500.00 $ 2,519,993.00 $ 2,616.832.00 $ 5,525,000.00 $ 2,758,700.00 $14,054,058.00 $10,087,630.00 $ 4,919,235.00 $ 5,157,846.76 $15,807,287.00 $ 1,506,000.00 $21,066,600.00 $ 3,477,000.00 $ 2,500,000.00 $ 2,051,500.00 $ 2,706,871.00 $ 1,747,564.00 • Rhode Hall Renovations; Texas A&M -Kingsville, TX $ 3,647,951.00 • Potranco & Castroville Elementary School Additions $ 3,435,500.00 • Texas A&M 5 Year JOC Project (Design Build) $ 4,684,000.00 • Robstown Replacement Clinic; Robstown, TX $3,007,595.00 • JC Elliott Transfer Station $1,601,606.00 • Penske Truck Leasing $2,713,042.00 • Cefe Valenzuela Landfill $4,485,820.00 • Flint Hills, RC -2 Reliability Center $1,394,000.00 • American Retirement Corp Memory Enhancement — Corpus Christi $2,811,275.00 • American Retirement Corp Memory Enhancement — Victoria $2,626,305.00 • Nueces County Courthouse, Additions & Interior Renovations $2,011,626.00 • Star Plaza and Star Orthodontics, Corpus Christi, Texas $3,577,700.00 • Our Lady of Corpus Christi Chapel $3,605,000.00 • Region 2 ESC — Education Service Center $6,900,000.00 ALBERT SAENZ Director of Operations albert@barcom.cc Cell: (361) 765-1406 EDUCATION: High School —1980 CERTIFICATIONS: • ADA Compliance • ASHE Certified • OSHA/CPR/First Aid PROFESSIONAL QUALIFICATIONS: Hands-on experience gained by Mr. Saenz in site supervision of many highly complex projects has provided him an extensive understanding and knowledge of all construction trades and the interrelationship of the disciplines required for successful project execution and completion. His distinctive qualifications include: the ability to analyze and develop a clear understanding of complex construction processes and to apply knowledge gained on similar processes to the successful completion of related processes; an understanding of the logical progression of construction activities including critical path and phasing requirements and the capacity to identify and resolve issues that may negatively affect time, cost and quality of construction; the understanding of the logistics required to support the schedule and ability to allocate and adjust the flow of materials, equipment and personnel required to achieve established production rates; and, hands-on experience and training required to ensure a safe and secure working environment for company personnel, subcontractors and others on the worksite as well as a personal commitment to safety and accident prevention. His experience also provides him the capacity to review designs to identify constructability issues enhancing the company's capacity to value engineer improvements. As Director of Operations and Quality Control Manager, Mr. Saenz is involved in all company projects ensuring that Superintendents are able to maintain established production rates through allocating personnel and equipment resources and ensuring that materials for in-house performance are available as required. KEY PROJECT EXPERIENCE: CHRISTUS Spohn Kleberg Labor and Delivery Wing, Kingsville, Texas Mr. Saenz served as General Superintendent for construction of a 30,000 s.f. three-story addition to the existing hospital. This project provided Mr. Saenz with experience on projects that required resolution of construction issues as they arose in the field. The project has a value of $4,565,108 and was completed on July 1, 1999. CHRISTUS Spohn Hospital, Renovation and Surgery Expansion, Beeville, Texas Mr. Saenz served as General Superintendent for the renovation of the existing surgical units and a 14,000 s.f. addition for operating rooms and support spaces. This project provided Mr. Saenz with experience on projects with similar value as the Spohn South Hospital project as well as in performing work in a medically related facility requiring strict adherence to all applicable building codes and industry guidelines. The project has a value of $2,591,000 and was completed on August 31, 2002. • Bishop C.I.S.D. New High School, Bishop, TX $15,823,448.00 • New Middle School PSJA ISD , Pharr, TX $21,006,600.00 • South Sans Pavilions; South Sans ISD $3,477,000.00 • Dolph Briscoe Library; University of TX Health Science Center $2,500,000.00 • High School Science Lab Additions and Renovation; Aransas Pass ISD $2,051,500.00 • United Health Group Ovations Call Center; Harlingen, TX $2,706,871.00 • St John's United Methodist Church; Corpus Christi, TX $1,747,564.00 • Rhode Hall Renovations; Texas A&M -Kingsville, TX $3,647,951.00 • Potranco & Castroville Elementary School Additions $3,435,500.00 ALBERT SAENZ-2 • Texas A&M 5 Year JOC Project $4,684,000.00 • Robstown Replacement Clinic; Robstown, TX $3,007,595.00 • JC Elliott Transfer Station $1,601,606.00 • Penske Truck Leasing $2,713,042.00 • Cefe Valenzuela Landfill $4,994,121.00 • Flint Hills, RC -2 Reliability Center $1,394,000.00 • American Retirement Corp Memory Enhancement — Corpus Christi $2,811,275.00 • American Retirement Corp Memory Enhancement — Victoria $2,626,305.00 • Nueces County Courthouse, Additions & Interior Renovations $2,011,626.00 • Star Plaza and Star Orthodontics, Corpus Christi, Texas $3,577,700.00 • Our Lady of Corpus Christi Chapel $3,605,000.00 • Region 2 ESC — Education Service Center $6,900,000.00 Eit BARI Ed Klash Superintendent 25 Years Experience EDUCATION: Jefferson College Steubenville, OH. B. S. - 1983 Engineering & Drafting CERTIFICATIONS: • Primavera Contractor 5.0 • AIA —Accessibility Errors & Omissions • AIA — Construction Types, Fire Resistance & Egress • AIA — Building Occupancies, Heights & Areas • Fast Track Project Scheduling • Quality Mgmt for Contractors • OSHA/CPR/First Aid COMPUTER SKILLS: • MS Office • Timberline Office PROFILE: Mr. Klash extensive experience in site supervision of many highly complex projects have provided him an extensive understanding and knowledge of all construction trades and the interrelationship of the disciplines that is required to ensure the successful project. His distinctive qualifications include: the ability to analyze and develop a clear understanding of complex construction processes and to apply knowledge gained on similar processes to the successful completion of related processes; an understanding of the logical progression of construction activities including critical path and phasing requirements and the capacity to identify and resolve issues that may negatively affect time, cost and quality of construction gained through practical experience; the understanding of the logistics required to support the schedule and ability to allocate and adjust the flow of materials, equipment and personnel required to achieve established production rates; and, hands-on experience and training required to ensure a safe and secure working environment for company personnel, subcontractors and others on the worksite as well as a personal commitment to safety and accident prevention. Mr. Klash will not be assigned to any other projects during the construction phase of this contract. Ed will be responsible for the direct supervision of in-house crews and coordination and integration of subcontractors' work in the overall project. He will also be responsible for receiving materials at the site and inspecting for damage, quantities and compliance with the purchase order. Other duties will include implementation and enforcement of the company's safety program, maintaining as -built documentation and interfacing with owner representative that visit the site BARCOM Construction, Inc. Corpus Christi, TX. Under Construction: • Access Ford Lincoln Addition Completed Projects: • TMISD H.S — FEMA Safe Shelter • Most Precious Blood — St. Maria Goretti Youth Center • C.C. International Airport — Quick Turnaround Facility • Tuloso-Midway ISD High School Renovations (CMAR) • Rockport Service Center — Rockport, TX • Texas Parks & Wild Life, Marine Dev, Center — Corpus Christi • South Guth Ballpark Relocation — Corpus Christi, TX • C.C. International —Airport Maintenance Facility • La Vernia ISD ES Conversion to HS • Dolph Briscoe Library — UT Health Science of S.A. • South San Antonio ISD — South Sans Basketball Pavilions • United Health Group Ovations Call Center, Harlingen, TX • St. John's Methodist Church, Corpus Christi, TX • AEP Parking Lot, Pharr, TX. • Robstown Replacement Clinic, Robstown, TX • Flint Hills Reliability Center RC -2, Corpus Christi, TX • JC Elliot Transfer Station, Corpus Christi, TX. • HEB Retail Support Center Parking Lot, Corpus Christi • Cefe F. Valenzuela Landfill, Bishop, TX • Memory Enhancement Facility, Victoria, Texas • Penske Truck Leasing, Corpus Christi, TX • Island Park Bathhouse, Corpus Christi, TX • New Coker Operations Shelter, Corpus Christi, TX May 2005 - Present Contract Amt $2,111,660 Contract Amt $4,681,356 $2,758,700 $5,525.000 $ 670,820 $2,836,600 $ 286,773 $4,988,673 $2,053,000 $2,025,600 $2,500,000 $3,477,000 $2,706,871 $1,747,564 $1,289,544 $3,007,595 $1,448,608 $1,743,317 $ 871,010 $4,806,235 $2,576,425 $2,883,080 $ 593,750 $ 652,000 EXHIBIT 4 Fire Station 18 Final Schedule of Values BARCOM CONSTRUCTION. INC. Plaster . $ 60,125.1 Drywall & Ceilings S 48,860.00 Polished Concrete Miami Flooring Ceramic Tile $ 18,887.00 Mosaic Tile Painting $ 64,700.00 Way Finding Sign (Allowance) $ 900.00 Toilet Partitions 5 2,456.00 Toilet Accessories 5 1,268.00 Curtain & Track 5 898.00 FE Cabinets $ 527.00 Display Boards 5 1,912.00 Awnings 5 16,400.00 Lockers 5 14,815.00 Flagpole 5 5,890.00 HVAC S 73,638.00 Plumbing S 81,404.00 Fire Sprinkler S 22,100.00 Electrical 5 191,500.00 Fire Alarm 5 20,300.00 Water Feature & Well (Allowance) $ Labor Burden S 22,280.00 General Liability Bui,ders Risk Contingency Building success, one job at a time . Termite Treatment $ 1,355.00 SWPPP $ 3,750.00 Sitework - S 147,345.00' Lime Stabilization S 24,034.00 Concrete Paving_ $ 148,941.00 Mechanical Yard Fence 5 2,920.00 Striping $ 3,245.00 Utilities (inside property only) $ 45,000.00 ndscapin tallo wa n_ Trim Trees $ 1,500.00 Irrigation (Allowance) S 20,000.00 Piilding Foundatio Misc. Concrete $ 5,956.00 ICF Walls S 134,850.00 ICF Rebar S 9,500.00 Structural Steel Sidewalk Drains Misc. Steel Stainless Steel Backsplash Rough Carpentry Millwork Roofing Flashing Joint Sealants Doors & frames OH Doors Storefront & Mirrors S S S $ $ $ $ S $ S S 62,184.00 2,000.00 700.00 2,500.00 5,360.00 19,750.00 45,350.00 4,700.00 3,500.00 40,218.00 18,909.00 24,400.00 $ 14,802.00 $ 4,716.00 S 45,715.64 Alternates: Perimeter Chain Link Fencing Decorative screen wall $17.412 S123,664 Excluded: Utilities outside of property line Storm Sewer RCP and outfalls at front entrance. Data/telephone wiring and equipment Hose Rack Art Allowance Demolition of the existing entrance Subtotal $ Field Office Overhead Home Office Overhead & Profit Payment Bonds Performance Bonds Total $ 5826 SEAR LANE CORPUS CHRISTI, TEXAS 78405 TELEPHONE: (361) 851.1000 ` FAX: (361) 851-1717 5.50% $ 3.75% S 0.90% 5 0.50% $ 1,621,787.64 89,198.32 64,161.97 15,976.33 8,875.74 1,800,000.00 Building success, one job at a time . Termite Treatment S 1,355.00 SWPPP $ 3,750.00 Lime Stabilization $ 24,034.00 Mechanical Yard Fence $ 2,920.00 Striping $ 3,245.00 Utilities (inside property only) S 45,000.00 pnrlscep gg (allowance) 5 30,000.00. Trim Trees S 1,500.00 Irrigation (Allowance) S 20,000.00 Building Foundation $ 89,525.00 Misc. Concrete $ 5,956.00 ICF Walls S 134,850.00 ICF Rebar $ 9,500.00 Structural Steel S 62,184.00 Sidewalk Drains 5 2,000.00 Misc. Steel 5 700.00 Stainless Steel Backsplash S 2,500.00 Rough Carpentry S 5,360.00 Millwork $ 19,750.00 Roofing S 45,350.00 Flashing 5 4,700.00 Joint Sealants 5 3,500.00 Doors & frames 5 40,218.00 OH Doors 5 18,909.00 Storefront & Mirrors 5 24,400.00 Fire Station 18 Final Schedule of Values Drywall & Ceilings Ceramic Tile Painting Way Finding Sign (Allowance) Toilet Partitions Toilet Accessories Curtain & Track FE Cabinets Display Boards Awnings Lockers Flagpole HVAC Plumbing Fire Sprinkler Electrical Fire Alarm Water Feature & Well (Allowance) Labor Burden BARCOM CONSTRUCTION, INC. 48,860.00 18,887.00 64,700.00 900.00 2,456.00 1,268.00 898.00 527.00 1,912.00 16,400.00 14,815.00 5,890.00 73,638.00 81,404.00 22,100.00 191, 500.00 20,300.00 22,280.00 General Liability Builders Risk Contingency 14,802.00 4,716.00 45,715.64 Alternates: Perimeter Chain Link Fencing Decorative screen wall S17,412 S123,664 Excluded: Utilities outside of property line Storm Sewer RCP and outfalls at front entrance. Data/telephone wiring and equipment Hose Rack Art Allowance Demolition of the existing entrance Subtotal $ Field Office Overhead Home Office Overhead & Profit Payment Bonds Performance Bonds Total $ 5826 BEAR LANE CORPUS CHRISTI, TEXAS 78405 TELEPHONE: (361)8511000- FAX: (361) 851-1717 5.50% 3.75% 0.90% 0.50% 1, 621, 787.64 $ 89,198.32 S 64,161.97 S 15.976.33 $ 8,875.74 1,800,000.00 CONTRACT DOCUMENTS 00 01 00CM Construction Manager -at -Risk Table of Contents Division/Section Title Division 00 Procurement and Contracting Requirements RFQ Request For Qualifications and Response RFP Request for Proposal and Response 00 50 00CM 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 00CM Supplementary Conditions 00-74-00 Special Conditions for Funding Agency Division 01 General Requirements 01 29 00 Application for Payment Procedures 01 31 00 Project Management and Coordination 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 01 34 01 i"A i--- ' =_. _ _.' _ 01 34 02 Buy American Certification (ARRA) 01 34 03 Buy American Provisions (TWDB) 01 31 01 Buy American Certification (TWDB) 01 35 00 Special Procedures 0140 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Table of Contents 5246 New Fire Station No. 18 (Bond 2008) 00 01 00CM - 1 REV 07/16 REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-02 CONSTRUCTION MANAGER -AT -RISK SERVICES FOR THE CITY OF CORPUS CHRISTI NEW FIRE STATION NO. 18 (BOND 2008) I. INTRODUCTION In accordance with the Government Code Chapter 2269 Contracting and Delivery Procedures for Construction Projects and more specifically Subchapter F Construction Manager -at -Risk Method, the City of Corpus Christi (City) intends to enter into a competitively -procured Construction Manager at Risk (CMAR) contract to provide services for the construction of Fire Station No. 18 at the corner of Saratoga Boulevard and Ayers Street (Project). The City is requesting a Statement of Qualifications (SOQ) from interested party (Respondent) to serve as the City's general contractor for the Project to provide the consultation and construction services detailed in this RFQ and Exhibit "A" Scope of Work and Technical Requirements and Exhibit "B" Project Site Map. To be considered for evaluation, the Respondent shall adhere to the City RFQ 2016-02 specific instructions provided herein. This RFQ will be a two-phase process. Phase One involves the "short listing" of the most qualified teams that will be invited to participate in Phase Two. The selection process described below: • Phase One: Submittal of a SOQ for review and evaluation • Step 1 Verification of Administratively Complete Submittals • Step 2 Review and Evaluation of SOQ and Submittal Package • Phase Two: Submittal of a sealed proposal for short listed Respondents • Step 3 Request for Proposal • Step 4 Presentation and Interview • Step 5 Selection of CMAR • Negotiation with selected Respondent It is the intent of the City to award the contract to the Respondent that provides the best value for the project that is most advantageous to the City based on the evaluation and selection criteria and weighting as determined by the City in its ranking of the Respondents' submittals. The City's objectives for this Project are: A. Meet or beat the schedule deadline. B. Complete Project on or under budget. C. Minimize construction impacts to the local area. D. Create a robust competitive process for the construction work including involvement of the local contracting community. RFQ NO. 2016-02 Page 1 of 11 A Pre -Submittal Meeting with interested Respondents to discuss the requirements of this RFQ will be held on Friday, March 4, 2016, City Hall Council Chambers, at 11:00 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 at www.civcastusa.com by March 8, 2016. II. PROJECT SCOPE/SCHEDULE AND PROJECT BUDGET The City of Corpus Christi (City) is soliciting the qualifications of Respondents with at least 10 years of construction experience in public and commercial buildings and facilities including reinforced concrete, steel and masonry structures. The Project is to be located on City property at the northeast corner of the Saratoga Boulevard and Ayers Street intersection in Corpus Christi. The purpose of this RFQ is the first step towards selecting the most qualified Respondent to provide preconstruction, procurement and construction services with the full responsibility of the construction for the proposed fire station facility and related site improvements. Additional information will be included in step two, Request for Proposal (RFP). Plans and specifications for the Project are approximately 90% complete. The site of this project has been surveyed and has a geotechnical testing report. The selected Respondent will be responsible for checking the surveying and geotechnical testing results of any and all topographic data/systems/sub-systems/utilities and other appurtenances required for the successful completion of the work. All work must comply with the current requirements/standards of the American with Disabilities Act (ADA) and the Texas Department of Licensing and Regulation (TDLR). The selected Respondent will be responsible for all necessary construction, building and governmental permits including acceptance by the TDLR. The intent of the City is to be under contract for construction by the end of June 2016 and construction to be complete such that this facility is fully -operational by May 2017 or sooner. The Construction Cost Estimate for this Project is $1,800,000. Note: The Coastal Bend region comes into contact with some of the most damaging corrosion environment in the United States. "Atmospheric Corrosion" should be recognized as challenging and should be considered throughout the Project. Ill. REQUEST FOR QUALIFICATIONS Please submit SOQ as follows: A. 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, RFQ NO. 2016-02 Page 2 of 11 1201 Leopard Street, Corpus Christi, Texas, 78401, by Friday, March 25. 2016, 2:00 PM. No SOQ will be accepted after this date and time. No matter which method of delivery a Respondent chooses (United States Postal Service, courier, hand delivery, or other) to submit their SOQ, it is the Respondent's responsibility to ensure that the SOQ is actually received and time -stamped in the City Secretary's Office, 1st Floor, City Hall by the deadline specified above. B. Respondents shall submit SOQ Submittal Package in a sealed envelope/box marked: "RFQ No. 2016-02 CONSTRUCTION MANAGER -AT -RISK SERVICES FOR THE CITY OF CORPUS CHRISTI NEW FIRE STATION NO. 18 (BOND 2008). All submittals will become the City's property and will not be returned. C. The City shall receive, publicly open and read aloud the names of the Respondents to this RFQ. D. The City reserves the right to: 1. Waive any defect, irregularity or informality in RFQ procedures or 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; 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. 7. Use assistance of outside advisors and consultants to assist the City in the procurement process; 8. Request additional information or seek clarifications from any Respondent during the procurement process; and 9. Conduct an independent investigation of any information, including prior experience identified in an SOQ by contacting project references, accessing public information, contacting independent parties or any other means. E. Questions concerning this RFQ must be in writing submitted via CivCast at www.civcastusa.com website. Questions must be received no later than Friday. March 11 2016 at 12:00 PM. Responses to all questions will be posted on the same website for all Respondents to review by March 18, 2016. F. Notwithstanding this deadline, questions must be submitted with sufficient time allowed 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. G. SOQ Packages will be opened in a manner that avoids disclosure of the contents to either the public or the other respondents to this RFQ. The contents of the SOQ Package will remain RFQ NO. 2016-02 Page 3 of 11 confidential 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 conspicuously marked as "CONFIDENTIAL" OR "PROPRIETARY." Each page submitted to the City that the firm asserts contains either a trade secret or other confidential or proprietary information will be handled in accordance with the Texas Public Information Act. 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). H. The City envisions that final delivery of the project will comprise of a fully -operational, self- sustainable elfsustainable facility that promotes a safe, ADA (TDLR) compliant, low maintenance operation. It is anticipated that this project 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, therefore, will be open sourced and not allowed to be Confidential, Proprietary or remain the Intellectual Property of the successful Respondent. I. The City assumes no obligations, responsibilities or liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by parties considering a response to and/or responding to this RFQ. All such costs shall be borne solely by each Respondent. J. Respondent shall mean the corporate entity or firm that submits the SOQ and, if selected for the project, will execute the CMAR contract. K. CMAR team means the team formed by the Respondent for purposes of responding to the RFQ. L. CMAR team member means a corporate entity or firm or individual included in the CMAR team and identified in the SOQ that will provide any of the services for this project. M. The SOQ will remain in full force and effect for 60 days after the submission date. N. The CMAR team proposed by the Respondent, including but not limited to the CMAR team members and key personnel, identified in the SOQ shall remain on Respondent's team for the duration of the procurement process and, if the Respondent is awarded the contract, the duration of the project. If circumstances require a proposed change, it must be submitted in writing to the City. The City, in its sole discretion, will determine whether to authorize the change. Unauthorized changes to the Respondent's CMAR team at any time during the procurement process may result in the elimination of the Respondent from further consideration. RFQ NO. 2016-02 Page 4 of 11 IV. EVALUATION AND SELECTION OF CMAR FIRMS Step 1 VERIFICATION OF ADMINISTRATIVELY COMPLETE SUBMITTALS (Maximum of 0 Points) 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 "C" and all other required documents shown on the SOQ Transmittal Form. 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 "C" SOQ Transmittal Form. 3. Respondent fails to comply with Exhibit "E" Mandatory Requirements. 4. Respondent fails to comply with Exhibit "F" Anti -Lobbying Provisions of this RFQ. Failure to comply is grounds for disqualification. 5. Respondent fails to timely submit to City Secretary's Office the completed SOQ documents. 6. Respondent fails to acknowledge receipt of Addenda. 7. SOQ received from a respondent who has been debarred by the City or currently debarred or suspended by Federal, State or City governmental agencies. 8. Selected Respondent fails to attend assigned Step 4 (see below), PRESENTATION AND INTERVIEW, at the appointed time. Step 2 REVIEW AND EVALUATION OF SOQ AND SUBMITTAL PACKAGE (Maximum of 40 Points) 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 "C" SOQ Transmittal, (which must be completed and submitted in the SOQ Package) shall not count toward the maximum page limit requirement. The submittal requirements are: • Each page of the SOQ Package must identify RFQ NO. 2016-02 CONSTRUCTION MANAGER -AT -RISK SERVICES FOR THE CITY OF CORPUS CHRISTI NEW FIRE STATION NO. 18 (BOND 2008) in the header or footer. • SOQ must identify the Respondent as the prime provider and identify any proposed team sub -provider firms that will be included on the CMAR team by category. • A two-page maximum Letter of Interest (LOI) notifying the City of the Respondent's intent to be considered for this project. • A one-page 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. • Within the Letter of Interest (LOI), a statement must be provided addressing why the Respondent's team would be in the best position to deliver the required services. • SOQ Package must include one-sided pages that are legible, with 10 -point font size or larger, appropriate margins, and line spacing. RFQ NO. 2016-02 Page 5 of 11 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. Individual resumes must be limited to 2 -pages and do not count towards total page count. 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 1 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" Scope of Work and Technical 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, budget, and change order history. • Describe the Superintendent's ability to complete projects in accordance to the agreed schedule, scope, budget, and change order history. • 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 15 points) Describe the CMAR team's recent experience with construction on similar public or commercial building projects in reinforced concrete and steel frame structures providing at least five (5) projects of similar scope and budget over the last ten (5) years. As a part of the SOQ, provide the referenced client's company name, address, primary contact names and phone numbers, date completed, and value of contract. C. Project Approach and Management Plan (Maximum 15 points) • General Statement of Capabilities, Awards and Commitment to Excellence for Construction. Describe capabilities and awards relevant to this RFQ that differentiates your team from others in the industry. Demonstrate commitment to high quality construction and an appreciation of design excellence. Provide at least one example and the impact achieved. RFQ NO. 2016-02 Page 6ofl1 • Schedule. Describe your approach and unique capabilities to ensure project work under this RFQ would be developed and executed in accordance with the schedule previously presented herein. Provide outline of anticipated scope of work tasks with a timeline (schedule) for key plan milestones for construction; and a strategy for the handling and transporting equipment and material to their final placement. ■ Project Management Organization and Approach. Describe your project management approach with organization chart, including your unique capabilities and the use of subcontractors, and identify key plan task leads. Demonstrate your team's capacity to accomplish projects under this RFQ with respect to your team's current and projected work load. • Budget. Cost Control, and Value Engineering. Describe your experience and success with meeting established budget with any Value Engineering and cost control. • Quality Control (QC) and Safety. Describe your QC methods for construction, submit copy of QC plan, and briefly discuss safety plan during construction. D. Historically Underutilized Business Participation (No points) Identify work anticipated to be completed by companies designated as Historically Underutilized Businesses (HUBs), 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. E. Fees and Pricing RESPONDENTS SHALL NOT SUBMIT ANY FEES OR PRICING UNDER PHASE ONE OR ANY PROCEDURE OF THIS RFQ UNTIL SPECIFICALLY REQUESTED IN WRITING BY THE CITY. SUBMITTAL OF FEES OR PRICING, BEFORE BEING REQUESTED BY THE CITY, IS GROUNDS FOR DISQUALIFICATION. F. Other Required Documents The following documents do not count as part of the maximum page limit. Include a completed Exhibit "C" SOQ Transmittal, specifying: • Certification that Exhibit "D" Disclosure of Interest Form (completed and signed by the Respondent) is included in the SOQ Submittal Package. • Certification that Exhibit "D" Disclosure of Interest Form (completed and signed by each sub -consultant) is included in the SOQ Submittal Package. ■ Certification that Exhibit "E" Mandatory Requirements will be met. • Certification that Exhibit "F" Anti -Lobbying Provisions of this RFQ will be met. ■ 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. RFQ NO. 2016-02 Page 7 of 11 • Name, Title, and Signature of individual authorized to bind the Respondent to a contract. • Individual Resumes G. Shortlisted Respondents Based on the criteria identified above in Step 2, the City may select up to three (3) most qualified Respondents for continuing evaluation through Phase Two and Steps 3 thru 5. The short-listed Respondents will be notified individually prior to this selection being posted on CivCast. Step 3 REQUEST FOR PROPOSAL (MAXIMUM OF 60 POINTS) 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 CMAR teams will be requested, in writing, .to submit _.a_Proposal, _specific to this project and requirements, and including the CMAR's proposed fee and prices for fulfilling the general conditions. The Proposal will be sealed and delivered to the City prior to any presentations or interviews. Detailed instructions for preparing both the Proposal will be provided. Short-listed Respondents WILL NOT BE PAID a fee. stipend or allowance for the preparation of the Proposal. Step 4 PRESENTATION AND INTERVIEW (MAXIMUM OF 0 POINTS) Should the City conduct interviews: Based on the evaluation of the SOQ, the City may or may not 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 "G" Project Schedule. A maximum of four team members may participate. One additional team member may also attend to provide technical support without participation. Presentation 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: • CMAR Team Qualifications and Experience • Technical Proposal • Cost Proposal • Ability to Complete Tasks On Time and On Budget • Advantageous Key Team Differences Interview Interview shall be led by the Project Manager, with supporting participation by key team members. Preselected questions will be asked, after which the City may ask additional follow-up RFQ NO. 2016-02 Page 8 of 11 questions and questions seeking clarification of answers. All questions will be administered and answered orally. The City may ask up to 20 questions subject to the availability of time (60 minutes maximum). Requests for special accommodations must be made in writing a minimum of three 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 on the criteria below. Closing Remarks Respondent will be given an opportunity for closing remarks at the completion of the question and answer period. Closing Remarks must not exceed five minutes. Step 5 SELECTION OF CMAR If the interview portion of this process is utilized, the Respondents will be evaluated according to the following criteria: 01100 No points are accumulated for Step 1 401100 60/100 Phase One SOQ: Respondent's score from Step 2 will be carried forward and considered as part of the overall evaluation. Phase Two Proposal: Respondent's score from Step 3 emphasizing completeness of the tasks for construction and associated costs. Presentation and Interview: Respondent's Score as a part 0/100 of Step 4, highlighting its Proposal and response to any interview questions. TBD/100% TOTAL SCORE Based on this step evaluation of the responses to the RFQ, the City will make recommendations to the City Manager or designee. Equally Qualified. In those cases where different Respondents are deemed to be "equally" qualified, based on evaluation, the City Manager or designee will 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 RFQ NO. 2016-02 Page 9 of 11 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. Step 6 NEGOTIATIONS After selecting the highest -ranked Respondent, the City shall first attempt to negotiate a contract with this selected CMAR team as determined by Steps 1, 2, 3, 4 and 5. If the City is unable to negotiate a satisfactory contract with the selected CMAR 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 the contract. If the City Manager or Designee approves this recommendation, the contract will then be submitted to the City Council for consideration. V. PROPRIETARY INFORMATION As per Sec. 2269.364 of the Government Code, the Respondent retains all rights to the work product submitted in the RFP. The City may not release or disclose to any person, including the successful CMAR team, the work product contained in an unsuccessful proposal. The City shall make available for return all copies of the proposal and other information submitted to ALL unsuccessful Respondents. VI. CONCLUSION 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). Independent Representative for Procurement for the Duration of Work for this RFQ is: Jeff Edmonds, P.E. Director of Engineering Services (361) 826-3500 1201 Leopard Street 3rd Floor, City Hall Corpus Christi, Texas 78401, Exhibits Attached: Exhibit "A" Scope of Work and Technical Requirements Exhibit "B" Project Site Map Exhibit "C" SOQ Transmittal Form lerie H. Q - , .E., ecutive Direct° of Public Works RFQ NO. 2016-02 Page 10 of 11 Exhibit "D" Disclosure of Interest Exhibit "E" Mandatory Requirements Exhibit "F" Anti -Lobbying Provisions Exhibit "G" Project Schedule RFQ NO. 2016-02 Page 11 of 11 EXHIBIT "A" SCOPE OF WORK AND TECHNICAL REQUIREMENTS REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-02 CONSTRUCTION MANAGER -AT -RISK SERVICES FOR THE CITY OF CORPUS CHRISTI NEW FIRE STATION NO. 18 (BOND 2008) The CMAR team will provide all labor, materials, tools and equipment, and services necessary for design and construction of a project described hereinafter. The project consists of a new fire station to meet the needs of development and increased call volume in the Ayers Road area between Saratoga Boulevard and SPID. This location responds to the 2005 Tridata Comprehensive Analysis of Fire and EMS Delivery Study to improve response time and coverage. The new station will be located on city -owned property at Ayers and Saratoga. Construction of the project is pending coordination with the Fire Department Operating Budget for staffing and operational needs. New Fire Station No. 18 will be a 5,890 square foot facility to include a 2,893 square foot dual apparatus drive-thru bay, 2,893 square foot of Living Space consisting of a fully functioning kitchen, 10 -bunk dormitories, 3-restrooms, lounge area and office space. The work includes site clearing and stripping; termite control; carton formed concrete foundation on drilled piers with under beams; poured concrete walls in insulated concrete forms; structural steel and metal fabrications; rough carpentry; finish carpentry and architectural wood casework; blanket insulation; preformed metal soffit, siding, gutters and downspouts; manufactured sheet metal roofing; PVC roof system over insulated underlayment; fire -stopping; joint sealants; standard steel doors and frames; flush steel doors; sectional steel doors; high strength PVC doors and frames, high strength flush PVC doors; aluminum windows; door hardware; glazing; Portland cement plastering (stucco); gypsum board assemblies; ceramic tile; VCT flooring; rubber flooring, polished concrete flooring; paint and coatings; specialties; mechanical systems; plumbing system and fixtures; electrical power system and led lighting fixtures; emergency power generator; final site clean-up and proper disposal of debris / waste; complete and in accordance with the plans, specifications and contract documents. It will be the responsibility of the CMAR team to provide the necessary preconstruction, procurement and construction services for the work which include but are not limited to the following: 1. Provide all required services described in this RFQ and which will be more fully described in the Request for Proposal (RFP) in accordance with all applicable codes, regulations and standards. 2. Provide all services to implement the goals of the project, including but not limited to construction services including scheduling, administration and management. 3. Coordinate/communicate the activities of the construction process. RFQ NO. 2016-02 EXHIBIT "A" Page 1 of 1 EXHIBIT "B" PROJECT SITE MAP REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-02 CONSTRUCTION MANAGER -AT -RISK SERVICES FOR THE CITY OF CORPUS CHRISTI NEW FIRE STATION NO. 18 (BOND 2008) RFQ NO. 2016-02 EXHIBIT "B" Page 1 of 1 EXHIBIT "C" SOQ TRANSMITTAL FORM REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-02 CONSTRUCTION MANAGER -AT -RISK SERVICES FOR THE CITY OF CORPUS CHRISTI NEW FIRE STATION NO. 18 (BOND 2008) Jeff H. Edmonds, P.E. Director of Engineering Services 1201 Leopard Street 3"' Floor, City Hall Corpus Christi, TX 78401 (the "Respondent") hereby submits its Statement of Qualifications for the Fire Station No. 18 project. Respondent accepts all of the requirements, terms and conditions of the RFQ, including without limitation those dealing with the required performance and payment bonds and insurance. The SOQ will remain subject to acceptance for sixty (60) days after the opening of SOQs. In submitting this SOQ, Respondent certifies, represents and warrants, that: A. The submittal of the SOQ has been duly authorized by, and in all respects binding upon, the Respondent. B. The undersigned declares that it is the Respondent or by holding the position below indicated is authorized to execute this SOQ Transmittal Letter on behalf of the Respondent and that all representations made on this form are true and accurate. C. Respondent has examined, carefully studied and understands and agrees to be bound by the requirements of the RFQ, the other related information identified in the RFQ, and the following Addenda, receipt of all of which is hereby acknowledged: Addendum No. Addendum Date Signature Acknowledging Receipt RFQ NO. 2016-02 EXHIBIT "C" Page 1 of 4 D. All information and statements contained in the SOQ are current, correct and complete and are made with full knowledge that the City will rely on such information and statements in evaluating the SOQ. E. The submission of this SOQ will constitute an incontrovertible representation by Respondent that Respondent has complied with every requirement of the RFQ and Addenda without exception. F. Respondent acknowledges that it is aware and understands the requirements of Chapter 176 of the Texas Local Government Code. Respondent agrees to file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file, please review the information on the City Secretary's website at http:/Iwww.cctexas.comlgovernment/city-secretary/conflict-disclosure/index. Please consult your legal advisor if you have questions regarding the statute or the form. G. Respondent acknowledges that it is aware and understands the requirements of Texas Government Code section 2252.908. If short-listed, Respondent agrees to file Form 1295 Certificate of Interested Parties with their response to the RFP. H. Respondent certifies that: 1). Exhibit E Mandatory Requirements will be met. 2). Exhibit F Anti -Lobbying Provisions will be met. 3). Letters of Interest (LOI) are included in the SOQ for Respondent and CMAR team members. 4). A completed Disclosure of Interest Form (Exhibit D) is attached for Respondent and each CMAR team member. I. The Surety identified on the commitment letter as required by Exhibit F is authorized by law to do business in the State of Texas pursuant to a current certificate of authority to transact surety business and the Surety has an A.M. Best Company Rating of no less than A -VII. J. The insurance company identified on the commitment letter as required by Exhibit F is duly licensed or authorized in the jurisdiction in which the Project is located to issue policies for the limits and coverages so required and has an A.M. Best Company Rating of no less than A -VII. K. The Respondent must have DUNS number (Date Universal Number System) as provided by Dun & Bradstreet (D&B). The Respondent's DUNS number is [To apply for a DUNS number, call D&B at 1-866-705-5711 and indicate that Respondent is a prospective applicant for a job that is funded by a Federal Program. RFQ NO. 2016-02 EXHIBIT "C" Page 2 of 4 Obtaining a DUNS number is free and the process to request a number takes about 10 minutes.] L. Respondent is familiar with and is satisfied as to all federal, state and local Laws and regulations that may affect furnishing the Services. M. Respondent has given notice of all conflicts, errors, ambiguities or discrepancies that Respondent has discovered in the RFQ. N. If selected, Respondent will submit written evidence of its authority to do business in Texas not later than the date of its execution of the Agreement. O. Respondent certifies that each architect or engineer that is a CMAR team member or subcontractor was selected based on demonstrated competence and qualifications in the manner provide by Chapter 2254, Section 2254.004 of the Texas Government Code. P. Respondent further represents that this SOQ is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham SOQ; Respondent has not solicited or induced any individual or entity to refrain from making an SOQ; and Respondent has not sought by collusion to obtain for itself any advantage over any other Respondent or over City. The following documents are attached to this Exhibit C and made a condition of this SOQ: A. Attachments 1. Exhibit D: Disclosure of Interest for Respondent 2. Exhibit D: Disclosure of Interest for each CMAR team member 3. Exhibit E: Mandatory Requirements a). Commitment letter from Surety b). Commitment letter from insurance agency B. In lieu of Respondent's covenant in item N above, evidence of Respondent's authority to do business in the State of Texas. The principal contact person who will serve as the interface between the City and the Respondent for all communications during the procurement process is: Name: Title: Address: Telephone: Email: RFQ NO. 2016-02 EXHIBIT "C" Page 3 of 4 The terms used in this letter have the meanings indicated in the RFQ. The significance of terms with initial capital letters is described in the RFQ. Respondent agrees that venue shall lie exclusively in Nueces County, Texas for any legal action. This SOQ is submitted by: Respondent Legal Name: State of Incorporation: Type: (typed or printed) (General Business, Professional, Service, Limited Liability) Date of Qualification to do business in Texas is: By: Name: Title: Business address: Phone: Email: (Signature -- attach evidence of authority to sign) (typed or printed) RFQ NO. 2016-02 EXHIBIT "C" Page 4 of 4 EXHIBIT "D" DISCLOSURE OF INTEREST REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-02 CONSTRUCTION MANAGER -AT -RISK SERVICES FOR THE CITY OF CORPUS CHRISTI NEW FIRE STATION NO. 18 (BOND 2008) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seekingto do business with the City to provide the following information. Every question must be answered. Ifthe question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX; STREET ADDR: 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" constituting 3% or more of the ownership in the above named "firm." Name Title 3, State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 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 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. 2016-02 EXHIBIT "D" Page 1 of 2 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 statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a. "Board Member". A member of any board, commission or committee of the city, including the board of any corporation created by the city. 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, whether under civil service or not, including part-time employees and employees of any corporation created by the city. 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 Corpus Christi for the purpose of professional consultation and recommendation. S RFQ NO. 2016-02 EXHIBIT "D" Page 2 of 2 EXHIBIT "E" MANDATORY REQUIREMENTS REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-02 CONSTRUCTION MANAGER -AT -RISK SERVICES FOR THE CITY OF CORPUS CHRISTI NEW FIRE STATION NO. 18 (BOND 2008) Ethical Behavior in General, Strict Compliance with Anti -Lobbying Provisions (Exhibit "F") Respondent's officers, employees, or agents, each and every one, shall comply with the Anti -Lobbying Provisions of this RFQ (See Exhibit "F") 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 The Respondent/Respondent team (Respondent's) work will be performed in accordance with the most current applicable codes and standards. 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 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. Bonding Requirements The Respondent will not begin construction work until it has provided performance and payment bonds in form acceptable to the City and for an amount of 100% of the contract value for the construction. The surety must be authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Respondent will provide evidence of bonding capacity and ability to obtain performance and payment bonds for this project, demonstrated by providing a commitment letter from its surety. The commitment letter shall be included with Exhibit C. 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: RFQ NO. 2016-02 EXHIBIT "E" Page 1 of 2 Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises - Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products / Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal & Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate Per Project 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 Contractor's Pollution Liability / Environmental Impairment Coverage Not limited to sudden and accidental discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. $2,000,000 Per Claim ❑ Required X Not Required Builder's Risk (All Perils including Collapse) No Limit X Required ❑ Not Required Inland Marine - Owned, leased, rented, delivered equipment & material No Limit X Required 0 Not Required Owner/Contractor Protective Liability Equal to Contractor's liability insurance 0 Required X Not Required RFQ NO. 2016-02 EXHIBIT "E" Page 2 of 2 EXHIBIT "F" ANTI -LOBBYING PROVISIONS OF THIS RFQ REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-02 CONSTRUCTION MANAGER -AT -RISK SERVICES FOR THE CITY OF CORPUS CHRISTI NEW FIRE STATION NO. 18 (BOND 2008) § 1. Definitions (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, 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 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. (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 reissue. (7) (8) (9) "RFQ" refers to a Request for Qualifications or this RFQ. "Response" means a response to this RFQ. "Respondent" means a person responding to this RFQ including a bidder, a quoter, responder, or a proposer. The term "Respondent" also includes: (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. RFQ NO. 2016-02 EXHIBIT "F" Page 1 of 5 (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 or not consider, or take action or refrain from taking action of any vote, decision, or agenda item regarding this RFQ. (11) "Solicitation" means a Request for Qualifications, a Request for Proposals, or any other solicitation whereby the City invites or requests for persons for firms to submit their qualifications or proposals for consideration to conduct business with the City. § 2 RESPONDENTS AGREEMENT TO COMPLY; EQUALITY OF RESPONDENTS; EQUAL ACCESS. (A) By responding to this RFQ, Respondents agree to abide by the terms of the RFQ, 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 (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. § 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. (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. RFQ NO. 2016-02 EXHIBIT "F" Page 2 of 5 (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 Authorized Contact Person shall review the complaint with his or her supervisor and the Director of Engineering Services 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). RFQ NO. 2016-02 EXHIBIT "F" Page 3 of 5 § 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 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 Engineering Services 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. RFC) NO. 2016-02 EXHIBIT "F" Page 4 of 5 § 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 Engineering Services 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. 2016-02 EXHIBIT "F" Page 5 of 5 EXHIBIT "G" PROJECT SCHEDULE REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-02 CONSTRUCTION MANAGER -AT -RISK SERVICES FOR THE CITY OF CORPUS CHRISTI NEW FIRE STATION NO. 18 (BOND 2008) Friday 26 -Feb -2016 Upload RFQ solicitation on CivCast at www.civcastusa.com Friday 04 -Mar -2016 Pre -Submittal Meeting with Respondents Tuesday 08 -Mar -2016 Upload Summary of Pre -Submittal Meeting on CivCast at www.civcastusa.com Friday 11 -Mar -2016 12:00 PM Deadline for written RFQ questions on CivCast at www.civcastusa.com Friday 25 -Mar -2016 2:00 PM Deadline for RFQ Submission to City Secretary's Office Thursday 07 -Apr -2016 City posts list of Respondents indicating verification of administratively complete" submittals Monday 18 -Apr -2016 Notification of short-listed Respondents and request for Technical Proposal and Cost Proposal Wednesday 27 -Apr -2016 Submittal of separately -sealed Technical Proposal and Cost Proposal Thursday 12 -May -2016 Presentations & Interviews of short-listed Respondents Thursday 19 -May -2016 Deadline for Respondent selection recommendation to City Manager RFQ NO. 2016-02 EXHIBIT "G" Page 1 of 1 00 50 00CM CONSTRUCTION MANAGER -AT -RISK AGREEMENT This Construction Manager at Risk Agreement (the "Agreement") is entered into by and between the City of Corpus Christi, Texas (the "Owner") and (the "CM") for the construction of the Project. PROJECT: Fire Station No. 18 (Project ID No. 140232), RFQ/RFP No. 2016-02 ARTICLE 1. GENERAL PROVISIONS, PROJECT SCOPE, AND CONSTRUCTION COST LIMITATION 1.1 Project Scope. The Project is the . The real property on which the presently contemplated improvements are to be constructed (the "Site") is generally depicted in the Site Plan/Location Map attached hereto as Exhibit 1. The Project Scope generally consists of all labor, materials, equipment, tools, supplies, temporary facilities, and incidentals necessary to complete the construction of the improvements described in and reasonably inferable from the Contract Documents, including the supervision, coordination, and administration of the construction of such improvements (the "Work"). The Project Scope also includes the preconstruction services reasonably required for a project of this nature, size, and scope and as described herein. 1.2 Phases of Services and the Work. The services and the Work to be performed by or through the CM 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. 1.2.1 Work Packages. It is anticipated that the Construction Phase Work may be divided into one or more separate packages (individually, a "Work Package") which identify a specific scope of Work and which will be ready for commencement of construction before it is appropriate to arrive at an overall Guaranteed Maximum Price (as defined herein) for the entire Work. However, in the Owner's discretion, the Work may be awarded in one Work Package for the entire Project with one Guaranteed Maximum Price. 1.2.2 Work Authorization Amendment. When the Parties have identified the Work to be performed in a Work Package and have agreed on any applicable Contract Time Requirements for that Work Package and such other terms and conditions relating to that Work Package, including but not limited to a Guaranteed Maximum Price (also referred to herein as the "GMP") for the Work Package, the Parties shall enter into a Work Authorization Amendment which shall amend this Agreement and incorporate the terms thereof into the Contract. However, no Work shall commence under a Work Package until a Notice to Proceed with regard to such Work has been issued by the Owner in accordance with the terms of the Contract Documents. 1.3 Construction Cost Limitation. There is a Construction Cost Limitation of Dollars ($ ) "Construction Cost Limitation") for the Project, including contingencies, as described below, for the services and the Work to be performed by or through the CM for the Preconstruction Phase and the Construction Phase. The Construction Cost Limitation shall not be exceeded, except as provided herein. Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 005000-1 Rev 07/16 1.4 Contract Amount for the Project. The Contract Amount for the Project shall be the sum of the compensation and reimbursements to be made to the CM for the Preconstruction Services and the compensation for the Construction Phase Services as established in accordance with the Contract Documents. The Contract Amount, as finally established in accordance with the Contract Documents, shall not exceed the Construction Cost Limitation, except as provided herein. 1.4.1 Contract Amount — Preconstruction Phase Services. The compensation for the services to be performed by or through the CM for the Preconstruction Phase shall be a stipulated sum (the "Preconstruction Phase Fee") as set forth in Section 7.2.1, subject to such adjustment only as provided by the terms of the Contract and payable as set forth in this Agreement. CM shall also be entitled to reimbursement of certain costs and expenses incurred in the performance of the Preconstruction Phase Services (the "Preconstruction Phase Reimbursables") as set forth and limited in Sec. 7.2.1.1. 1.4.2 Contract Amount — Construction Phase. The compensation for the Work to be performed by or through the CM for the Construction Phase shall be as set out in Section 7.2.2 and shall be subject to a Guaranteed Maximum Price established in accordance with Sec. 7.4. To the extent that the Construction Phase consists of multiple Work Packages, each such Work Package shall be subject to a Guaranteed Maximum Price as established in accordance with Sec. 7.4 below. The sum of the Guaranteed Maximum Prices for all Work Packages shall not exceed the Guaranteed Maximum Price for the Construction Phase. 1.5 Owner's Design Professionals. Owner has retained the services of the following identified architectural and/or engineering firms to perform those professional design services identified below. Owner expressly reserves the right to replace or modify the responsibilities of any such firms identified below or to retain additional firms in Owner's sole discretion. Owner shall provide prompt written notice to CM of any replacement of existing firms, addition of new firms, and material modifications of the responsibilities of existing firms that might impact the CM with regard to the services to be performed or obligations of the CM arising from the Contract. Architect: Construction Materials Testing: Inspection: Chuck Anastos Associates, LLC Collectively, the primary architectural and engineering firms are referred to herein as the "Principal Architects/Engineers". References to the Principal Architect/Engineer (in the singular tense) shall mean that primary architectural and/or engineering firm that has primary responsibility for the design and any construction administration obligations over the respective scope of the Work. Each Principal Architect/Engineer shall be responsible for those consultants and subconsultants retained by the respective Principal Architect/Engineer to provide the architectural and engineering services required in its agreement with the Owner. Except as otherwise expressly provided, references to the "A/E", the Engineer, or the Architect in the Contract Documents shall mean the Principal Architect/Engineer. Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 005000-2 Rev 07/16 ARTICLE 2. CONTRACT TIME 2.1 Date of Commencement. The Preconstruction Phase Services shall commence after this Agreement has been fully executed by the parties and upon the CM's receipt of Owner's Notice to Proceed, unless the Parties otherwise mutually agree in writing. The Construction Phase Work shall commence upon the issuance of the Owner's Notice to Proceed with the specific scope of the Work stated therein, unless the Parties otherwise mutually agree in writing. 2.2 Project Schedule. Attached hereto as Exhibit 2 is the Project Schedule which sets out the commencement dates and completion times for the currently scheduled Phases and, as applicable, Work Packages for the Project. The Parties hereto acknowledge that the Project Schedule will be subject to change and refinement during the course of the design of the Project as may be agreed by the parties by written amendment to this Agreement or as directed by the Owner pursuant to a Change Directive issued in accordance with the Contract Documents. 2.3 Contract Time Requirements. Time is of the essence of the Contract and CM's obligations arising hereunder. CM shall diligently and efficiently perform the services and furnish the Work as required hereunder within the Contract Time Requirements set forth in the Project Schedule, as amended in accordance with the Contract Documents, as well as such other Contract Time Requirements set forth in the Contract Documents, including achieving Substantial Completion and Final Completion of the Work of each Work Package and the entire Work as required in the Contract Documents and meeting all Milestone requirements (if any). 2.3.1 Contract Time Requirements - Preconstruction Phase Services. Without limiting the foregoing, CM shall perform its Preconstruction Phase Services diligently and efficiently in compliance with the Project Schedule, as it may be amended in accordance with the Contract Documents. 2.3.2 Contract Time Requirements - Construction Phase. The Contract Time with regard to each Work Package of the Construction Phase shall be measured from the Date of Commencement of the respective Work Package as stated in the respective Work Authorization Agreement. 2.3.2.1 The CM shall diligently prosecute the Work and achieve Substantial Completion of the Work within the Contract Time Requirements set forth in the applicable Work Authorization Amendment, subject to adjustments as provided in the Contract Documents. After Substantial Completion, the CM shall diligently continue to prosecute the Work to Final Completion and, except as otherwise expressly agreed in the applicable Work Authorization Amendment, shall achieve Final Completion not later than 30 calendar days from the Date of Substantial Completion. 2.3.2.2 Certain scopes or specific areas of the Work may be required in the Project Schedule for early Substantial Completion ("Milestones") sufficient to allow for installation of Owner's equipment, phased use or partial occupancy of the facility, or coordination with other work relating to the Project by the Owner or its Third Party Contractors. The parties acknowledge that a Work Authorization Amendment or Modification of the Agreement may add or modify existing Milestones. The Milestones made a part of the Contract are critical elements of the Contract Time Requirements under the Contract and are "of the essence" of the Contract. 2.3.2.3 In the event that CM intends to request an increase in the Contract Amount or Contract Time as a result of a modification or revision of the Milestones or the Project Schedule, the CM Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 005000-3 Rev 07/16 shall strictly comply with the applicable notice requirements for changes in the Contract Amount or the Contract Time as set forth in the General Conditions. If CM fails to provide such notice as required in the General Conditions, but in no event later than 30 days after receipt of Owner's notice with regard to the modification or revision of the Milestones or the Project Schedule, the CM shall be deemed to have waived any right to seek or recover an increase in the Contract Sum or Contract Time as a result thereof. 2.3.2.4 In the event CM shall fall behind schedule for any reason which does not justify an extension under the Contract Documents of the Substantial Completion Date or any other Contract Time Requirements, CM shall submit a Recovery Schedule pursuant to Section 6.5 below. No approval or consent by the Owner or any plan for re -sequencing or acceleration of the Work submitted by CM pursuant to this Section and Section 6.5 below shall constitute a waiver by Owner of any damages or losses which Owner may suffer by reason of such re -sequencing or the failure of the CM to meet the Substantial Completion Date or any other Contract Time Requirements. 2.3.2.4.1 Owner shall additionally be entitled to direct the acceleration or re - sequencing of the Work in order to achieve completion prior to the required date for Substantial Completion or to meet any other Contract Time Requirements of the Contract, and CM shall be reimbursed for the amount of the premium portion of overtime actually incurred in respect thereto and shall be entitled to an increase adjustment to the Contract Sum to the extent of the premium portion of overtime so incurred. Before proceeding with any such Owner -directed acceleration plan under this subsection, the CM shall have received the Owner's prior written approval of the plan and its anticipated not -to -exceed cost. 2.3.2.5 Except as provided in the General and Supplementary Conditions, adverse weather conditions are not anticipated to impact the progress of CM's work. However, CM will record on a daily basis whether its job progress has been materially affected by such conditions. Any such day lost due to adverse weather conditions shall be made up by CM performing work on the ensuing Saturday or by extended hours during that week or with best efforts the ensuing Sunday, and treating such as a work day for the purpose of complying with and meeting CM's Progress Schedule and the applicable Contract Time Requirements, it being understood that no application for extension of time will be made unless the critical path of the project is materially affected. The CM will provide written explanation and CPM schedule evidencing such impact has occurred. CM will notify Owner of any such delay in writing, and on a monthly basis submit a report to the Owner substantiating any days claimed to have been lost over and above those allotted for in the Progress Schedule, due to adverse weather conditions. 2.3.2.6 The CM acknowledges and agrees that, if the CM fails to achieve Substantial Completion of the entire Work within the Contract Time as established by the appropriate Work Authorization Amendment or Modification of the Agreement, the Owner will sustain extensive damages and serious loss as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the Owner and CM agree that, if the CM shall neglect, fail, or refuse to achieve Substantial Completion of the entire Work by the date required by the Contract Documents for Substantial Completion of the entire Work, subject to adjustments in the Contract Time as provided in the Contract Documents, then the CM (and the CM's Surety, if any, in the case of default) agrees to pay to the Owner as Liquidated Damages, and not as a penalty or forfeiture, the sum of Dollars ($ ) per calendar day for each day of such delay. Such Liquidated Damages are hereby agreed to be a reasonable pre -estimate of damages the Owner will incur as a result of delayed completion of the Work. Such Liquidated Damages shall be in lieu of all consequential damages, including any loss of use or capital, resulting from CM's delay in performance, but shall not be in lieu of any actual, direct costs Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 005000-4 Rev 07/16 incurred by Owner in supplementing, accelerating, completing or correcting the Work resulting from CM's breach of its obligations arising under the Contract, including all design and consulting costs also arising therefrom. IN THE EVENT CM UNREASONABLY DELAYS PROGRESS OF THE WORK BEING DONE BY OTHERS ON THE SITE SO AS TO CAUSE LOSS FOR WHICH OWNER BECOMES LIABLE, THEN CM SHALL INDEMNIFY OWNER FROM AND REIMBURSE OWNER FOR SUCH LOSS. The Owner may deduct Liquidated Damages described in this Subsection from any unpaid amounts then or thereafter due the CM under this Agreement. Any Liquidated Damages not so deducted from any unpaid amounts due the CM shall be payable to the Owner at the demand of the Owner, together with interest from the date of the demand at a rate equal to the highest lawful rate of interest payable by the CM. 2.3.2.6.1 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 CM'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 as set forth in Section 2.3.2.6 above as the estimated Cost of the Work of that Work Package (as reflected in the GMP Proposal) bears to a reasonable estimate of the Cost of the Work of the entire Project. 2.3.2.7 Notwithstanding anything to the contrary contained herein, the maximum amount of Liquidated Damages that may be assessed against and paid by CM shall not exceed in the aggregate the amount of the sum of the CM's Preconstruction Phase Fee and the CM's Construction Phase Fee as set forth in Section 7.2 below, prior to any adjustment as authorized by the Contract Documents. This maximum amount of damages shall not apply to the amount of delay damages recoverable by the Owner in an action brought against the CM 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. 2.3.2.8 Notwithstanding any term of the performance bond furnished by CM pursuant to the terms of this Agreement, CM's performance bond sureties expressly agree and acknowledge that their obligations under the performance bond include the obligation to reimburse or pay Owner that amount of any unpaid or unreimbursed Liquidated Damages incurred by CM pursuant to the terms hereof and subject to the penal limits of the bond. 2.3.2.9 This provision for Liquidated Damages shall only become operative upon the establishment of the GMP for the applicable Work covered by the Liquidated Damages, and, except as otherwise agreed in writing by the parties, CM shall have no liability for Liquidated Damages or any other delay damages, if Owner and CM are unable to agree upon a GMP for the applicable Work covered by the Liquidated Damages. In addition, Owner shall waive those Liquidated Damages arising from a delay in achieving Substantial Completion of any Work Package, other than the final Work Package, for the first thirty (30) days of any such CM delay under the respective Work Authorization Amendment. Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 005000-5 Rev 07/16 ARTICLE 3. CM STATUS AND REPRESENTATIONS 3.1 CM Duties. CM agrees that Owner is entering into this Agreement in reliance on CM's special and unique abilities with respect to construction management. The CM accepts the relationship of trust and confidence established by this Agreement. CM agrees to use its good faith best efforts, skill, judgment, and abilities to perform the Work and to further the interests of Owner in accordance with Owner's requirements and procedures, in accordance with the prevailing standards of CM's profession and business. CM warrants, represents, covenants, and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent its performance of the Work required hereunder. 3.1.1 Legal Requirements. CM shall perform its services and furnish its Work in compliance with the Legal Requirements applicable to the Project. 3.2 Representations. The CM warrants, represents, covenants, and agrees that all of the Work to be performed by the CM will be of the standard and quality which prevail among similar businesses and organizations of superior knowledge and skill engaged in providing similar services in major United States urban areas under the same or similar circumstances and involving a project such as the Project. 3.3 Licenses and Registrations. The CM warrants that it and its employees and subcontractors have any and all licenses and registrations required for the performance of the Work. 3.4 Efficiency. The CM agrees to furnish business administration and superintendence in the performance of the Work in the best and most efficient way and in the most expeditious and economical manner consistent with the interests of Owner. 3.5 No Third Party Liability. Except for the obligation of Owner to pay CM hereunder and to perform certain other obligations hereunder, Owner will have no liability to CM or to any third party claiming through or under CM by reason of the execution or performance of this Agreement or the Contract Documents. In addition, neither Owner, nor its agents, officers and employees, will have any personal liability to CM or to any third party claiming through or under CM by reason of the execution or performance of this Agreement or the Contract Documents. 3.6 Entity Status. CM must be a fully capitalized, legal business entity acceptable to Owner at all times during the term of this Agreement. In the event that the CM is a joint venture or partnership, each separate business entity participating in the joint venture or partnership must be jointly and severally responsible for all rights, duties, and liabilities of the joint venture or partnership and the joint venture or partnership must provide the project specific insurance set forth in the Contract Documents. ARTICLE 4. CONTRACT DOCUMENTS 4.1 The Contract Documents are to be comprised of the following: 4.1.1 All Modifications to this Agreement; 4.1.2 This Agreement, including all Exhibits attached hereto and such other documents, if any, which by the express terms of this Agreement are incorporated into this Agreement; 4.1.3 Specifications, forms and documents listed in SECTION 00 01 00CM TABLE OF CONTENTS 4.1.4 Drawings listed in the Sheet Index. Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 005000-6 Rev 07/16 4.1.5 Request for Qualification/Proposal No. 2016-02. 4.1.6 CM's Response to Request for Qualification/Proposal No. 2016-02. 4.1.7 The following other documents, if any: .1 documentation required by the Contract Documents and submitted by Contractor. 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 and are intended to include all design, architecture and engineering, materials, equipment, labor and services of every kind necessary for the proper execution of the Work and the terms and conditions of payment for the Work. 4.2 Rules of Interpretation. The following rules shall govern interpretation of the Contract Documents: 4.2.1 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. Additionally, what is required by any of them shall be deemed to be required by all of them. 4.2.2 In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents that cannot be harmonized so as to avoid conflict, the Contract Documents shall take precedence in the order in which they are listed in Section 4.1 above. 4.2.3 With regard to Modifications, the most recently issued Modification takes precedence over previously issued Modifications or the Contract Documents modified. 4.2.4 Figures given on Drawings govern scale measurements, and large scale details govern small scale Drawings. 4.2.5 The organization of the specifications into divisions, sections and articles, and the arrangement, titles and numbering system used for the drawings, shall not determine the division of the Work by CM among its Subcontractors, nor establish the extent of the Work to be performed by any Subcontractor of any tier. Such matters shall be the responsibility of the CM in accordance with this Agreement. 4.3 Meanings of Terms. Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract, unless otherwise specified herein. 4.4 Subsidiary Work. If an item or system is either shown or specified by the Contract Documents, all material, equipment and labor required for the proper installation of such item or system and needed to make a complete operating installation must be provided whether or not fully detailed or specified in the Contract Documents, and shall be considered as subsidiary to the Work, to the extent such complete operating installation can be reasonably inferred by the Contract Documents. No Claim to increase the Contract Amount for such subsidiary work will be allowed. ARTICLE 5. PRECONSTRUCTION PHASE SERVICES CM shall perform the following Preconstruction Phase Work, and shall continue to provide the required services as needed throughout the duration of the Contract: Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 005000-7 Rev 07/16 5.1 General Coordination. 5.1.1 Team Meetings. Attend regular meetings with the Project Team during the Construction Document review to advise them on Site considerations, selection of materials, building systems and equipment, and methods of delivery of materials, systems and equipment. 5.1.2 Recommendations and Information. Provide recommendations and information to the Project Team on: construction feasibility; availability of materials and labor; time requirements for installation and construction; development of a safety plan and responsibilities for safety precautions and programs; temporary Project facilities; equipment, materials and services for common use of the CM and Owner's Third Party Contractors, if any; cost factors, including costs of alternative materials and possible cost savings; methods of verification for determining that the requirements and assignment of responsibilities are included in the Contract Documents; and any other matters necessary to accomplish the Work in accordance with the Project Schedule and the Contract Amount. 5.1.3 Public Hearings. At Owner's request, attend public meetings and hearings concerning the development and schedule of the Project. 5.1.4 Decision Tracking Report. Create and continuously update a "Decision Tracking Report," which records all Work issues and the decisions in a format acceptable to Owner. The updates must be done at least monthly immediately prior to the Application for Payment. 5.1.5 Partnering. Develop a Partnering Program for Owner's approval, using Owner's most current Partnering Guidelines Manual to provide the framework for CM's Partnering Program. At a minimum, the Partnering Program must include quarterly partnering meetings after commencement of the Construction Phase. Publish and distribute meeting minutes to all attendees. Partnering meetings will include the Major Subcontractors during their respective performance of the Work during the Construction Phase. 5.1.6 Permits, Licenses, Fees. Confirm that all approvals, reviews, permits and licenses that are required for construction of the Work to commence have been received. 5.1.7 Pre -Construction Schedule, Progress Schedule and Submittal Schedule. 5.1.7.1 Within thirty (30) days from the commencement of the Preconstruction Phase Services, develop a Pre -Construction Schedule consistent with the Project Schedule for Owner's review and approval with input from Owner, the A/E, and OAR, which will include the activities of CM, Owner, OAR and the A/E during the Pre -Construction Phase. Owner is responsible for obtaining the performance of OAR and the A/E. 5.1.7.2 Within ninety (90) days from the commencement of the Preconstruction Phase Services, CM shall submit to Owner or OAR a preliminary Progress Schedule for both the Pre - construction and Construction Phases of the Project consistent with the Project Schedule and in a form reasonably acceptable to OAR. Said preliminary Progress Schedule shall include, but not be limited to, the durations for all major items of Work to be performed; the start and finish date of all such activities; and the Contract Time Requirements for the Construction Phase of the Project, including the Work Packages, as set out in the Contract Documents. Within thirty (30) days from the submission of the preliminary Progress Schedule, CM shall submit to OAR for approval, a more detailed Progress Schedule, Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 005000-8 Rev 07/16 which will be a Critical Path Method (CPM) schedule depicting all significant activities which will occur on the Project; the duration of such activities; the start and finish dates of such activities; the Contract Time Requirements as set out in the Contract Documents; and the precedence logic of such activities. CM shall submit to OAR updated Progress Schedules each month to reflect actual progress made and to forecast future progress of the Work. Prior to the commencement of the Work under a Work Package, CM shall submit to Owner and OAR a cash flow projection depicting the estimated projected monthly cash flow for the Work to be performed pursuant to such Work Package. Such projection shall be updated on a quarterly basis. 5.1.7.3 Coordinate all Submittal Schedules for Shop Drawings and Samples required by Contract Documents. These Submittal Schedules must provide a method for reviewing and processing the required Submittals, which is acceptable to all parties. 5.1.8 List of Personnel and Subcontractors. The CM's key personnel, staff and their respective duties are identified in the attached and incorporated Exhibit 3. Upon proposing the GMP Proposal for any Work Package and when subsequently proposing other Construction Trade Packages within a Work Package, CM must submit an updated Exhibit 3 listing all Subcontractors and consultants, if any, and their respective key personnel and salaried specialists and their respective duties, to be contracted with for portions of the Work. 5.1.9 Consultation. CM shall consult with OAR, the A/E and Owner during the development of design and provide them with recommendations on improvements, construction phasing, selection of materials, building systems and equipment. CM shall provide consultation and recommendations on construction feasibility, availability of materials and labor, time requirements for installation and construction, and factors related to cost including estimated costs of alternative designs or materials, preliminary budgets and value engineering alternatives. Any material or system proposed by CM, upon acceptance by Owner, OAR, and the A/E shall be incorporated into the Contract Documents. CM shall review the drawings and specifications when they are furnished to CM, recommending alternative solutions throughout the Pre -Construction Phase regarding construction feasibility, cost, or schedule. CM shall endeavor to provide advice on ways to reduce the construction costs and conform to (and, if possible, shorten) the schedule, without reducing design quality. CM and Owner acknowledge Section 361.426 of the Texas Health & Safety Code which requires giving preference to products made of recycled materials, if the products meet applicable specifications. 5.1.10 Conditions and Limitations of the Work. CM acknowledges that prior to the submission of the GMP Proposal for any Work Package that it will have satisfied itself, through on-site visits and examination and comparison of survey information, geotechnical reports, and the Construction Documents then made a part of the Contract Documents, as to the conditions and limitations under which the Work under the Work Package is to be performed, including, without limitation: (1) the location, condition, layout and nature of the Site and surrounding areas, including (without limitation) all property lines, visible utility locations, existing improvements, elevations, and other observable physical conditions of the Site and surrounding areas; (2) generally prevailing climatic conditions; (3) anticipated labor supply and costs; (4) availability and cost of materials, tools and equipment; and (5) other similar issues. 5.2 Constructability Review of Contract Documents. 5.2.1 Mission. Implement and conduct a constructability review of all Contract Documents employing a systematic analysis process that is used throughout private industry and governmental Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 005000-9 Rev 07/16 agencies for projects of the Project's nature, size, and scope. The constructability review services required herein are intended to be comprehensive of the Work to be performed with regard to each Work Package and must be completed prior to the commencement of the Work under the respective Work Package, unless otherwise approved by Owner. 5.2.2 Review. CM agrees to conduct a constructability review to examine all Contract Documents, including without limitation, the plans and specifications, to ensure that the respective scope of the Work under a Work Package will be completed with a minimum of delays from excessive requests for information and Change Orders once the Work under the Work Package is under construction. The review, at a minimum, must evaluate the workability of interrelated systems between civil, architectural, structural, mechanical, and electrical Drawings and Specifications, and review A/E's scheduled installation durations against actual installation requirements for systems integration, to ensure coordination between different design disciplines. Conduct a comprehensive analysis of the construction documents to ensure coordination of all systems in determining the ease of constructability and cost effectiveness of building the Project. If in reviewing the Contract Documents the CM discovers any Discrepancies, the CM must immediately notify the Owner and A/E about the Discrepancies. 5.2.3 Report. Prepare a "Constructability Review Report," which outlines items that in the CM's opinion may cause problems in the way the Project is proposed to be constructed and which will document any Discrepancies and potential problems with the construction documents that, if left unattended, may result in ineffective or inefficient constructability, Change Orders or Claims once Project construction commences. 5.2.4 Propose Solution. CM shall propose the most practical solution to resolve the Discrepancies and potential problems. Additionally, CM shall recommend alternative design suggestions for consideration and document potential savings that require the minimum impact to the Project Schedule and Contract Amount and further the best interest of the Project. 5.2.5 Respond to Solution. The Owner and A/E will evaluate the proposed solution and provide a response to CM. If the approved solution prompts changes to the Contract Time or Contract Amount, the Contract will be adjusted in accordance with the General Conditions. 5.3 Discrepancies. 5.3.1 Failure to Report or Get Response. If CM performs the Work without reporting Discrepancies or getting a response to its proposed solution to resolve a Discrepancy, the CM will be responsible for all cost of remedying the Work resulting therefrom. 5.3.2 Assumption of Risk. CM assumes the risk of reviewing the construction documents for Discrepancies and potential problems and will not be entitled to any extensions of the Contract Time or to any adjustment of the Contract Amount on grounds that it misinterpreted or misunderstood any matter that could, or should reasonably, have been raised by the constructability review. CM assumes all risks accepted and obligations undertaken by it under the Contract Documents, except for concealed conditions or conditions that could not have been reasonably anticipated or discovered. Owner shall not be responsible for any damages resulting from a Discrepancy and CM will not be entitled to a Claim for adjustment in Contract Time or Contract Amount resulting from a Discrepancy unless the CM advises Owner in writing of the Discrepancy and potential problem and proposes a solution as required herein and Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00- 10 Rev 07/16 Owner confirms in writing that it wishes the CM to proceed in accordance with the Contract Documents as originally given. 5.4 Value Engineering. 5.4.1 Limited Value Engineering. Whenever the term "Value Engineering" is used in conjunction with the Contract Documents or the Work, it has its commonly accepted meaning within the construction industry and does not imply the practice of professional engineering without a license. If any Value Engineering activities constitute the professional practice of engineering, then such activities must be performed by an engineer licensed in Texas. A/E and Owner and, to the extent applicable, their other third party consultants, may have already conducted a separate Value Engineering Review. The time to perform Pre -Construction Phase services does not allow for an extensive revision and redesign of the Project. However, the Owner is willing to consider additional Value Engineering recommendations proposed by the CM, to the degree that they can be accomplished in the time allowed and to the extent that any proposed changes can be accomplished with limited revisions to the Contract Documents. Additionally, to the extent that CM's estimated construction costs exceed the Construction Cost Limitation (or any applicable portion thereof) or the Construction Costs Fixed Limit established by an IGMP, CM shall exercise best efforts to propose Value Engineering solutions to bring such construction costs within any applicable Limit. Value Engineering activities must be performed concurrently with and without delay to the Contract Time Requirements for the Project, including the Milestones. 5.4.2 VEP Preparation. As a minimum, the CM shall include the following information in each Value Engineering Proposal ("VEP"): .1 A description of the difference between the existing and proposed design, the comparative advantages and disadvantages of each, a justification when an item's function is being altered, the effect of the change on system or facility performance; .2 A list and analysis of design criteria or specifications that must be changed if the VEP is accepted; .3 A separate detailed estimate of the impact on project cost of each VEP, if accepted and implemented by the Owner; and .4 A description and estimate of costs the Owner may incur implementing the VEP, such as design change cost. (A/E will be directed to provide input on the estimate.) 5.4.3 VE Review and Approval. The proposed Value Engineering solutions will be promptly reviewed by A/E, whose review will consider all Project areas implicated in the proposed VE solution(s) and will make a recommendation to the Owner. Owner will promptly approve or reject A/E's recommendations. The A/E will incorporate any approved VE solutions into the Contract Documents. 5.5 Budget, Cost Estimating, and Cost Control. 5.5.1 Preliminary Cost Estimating. Within 45 calendar days from the commencement of the Preconstruction Phase Services, the CM shall prepare, for the review of the A/E and approval of the Owner, a Preliminary Cost Estimate for the Work of the Project in reasonable detail and in compliance with Section 5.5.2 below and based upon the Drawings and Specifications and such other construction documents approved by the Owner for cost estimating and such other information furnished by the A/E and the Owner, utilizing area, volume or similar conceptual estimating techniques for the Work. Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00- 11 Rev 07/16 5.5.1.1 In addition to the foregoing, when Schematic Design Documents have been issued by the A/E for the entire Work or for any Work Package and approved by the Owner for cost estimating, the CM shall prepare, for the review of the A/E and approval of the Owner, a cost estimate for the Work or the respective portion thereof in reasonable detail and in compliance with Section 5.5.2 below, with such supporting data as reasonably requested by Owner. During the preparation of the Design Development Documents, the CM shall update and refine this estimate at appropriate intervals agreed to by the Owner and CM. 5.5.1.2 CM shall provide such additional cost estimating as may be required for preparing the GMP Proposal for the Work and each Work Package as directed by the Owner and as provided in Article 7 below. 5.5.2 Cost Management Report. With regard to each preliminary cost estimate CM is required to provide, including the pricing for the Initial Guaranteed Maximum Price (IGMP) and GMP Proposals for each Work Package as required in Section 7.4.1 below, the CM shall provide a Cost Management Report that compares Owner's Construction Cost Limitation for the Work to CM's estimated construction costs. If CM's estimated construction costs would reasonably cause the Owner's Construction Cost Limitation for the Project or for any Work Package (to the extent that a Construction Cost Limitation for the Work Package has been established in the Contract Documents) to be exceeded, CM shall develop reasonable strategies to be reviewed by the A/E and approved by the Owner to reduce the costs estimated to be incurred during all stages of the Construction Phase of the Work. 5.5.3 Schedule of Values. As part of the negotiation of the Guaranteed Maximum Price for each Work Package, CM shall provide an initial Schedule of Values for that scope of the Work. Owner will review the initial contents and format for the Schedule of Values after receipt and suggest any revisions or request any additional information. Further, the Schedule of Values will conform to the requirements of the Contract Documents, will be subdivided into component parts in sufficient detail to serve as the basis for Progress Payments during the Project, and will be updated as needed, but at least monthly prior to submitting each Application for Payment. 5.5.4 Procurement and Estimates. CM shall prepare and be responsible for all Subcontractor procurement and construction cost estimates. 5.5.5 Advice; Recommendation -Contract Amount and Contract Time. CM shall advise the other members of the Project Team immediately, if at any time the CM has knowledge or belief that the Contract Amount or Contract Time Requirements will not be met, and make recommendations to the Project Team for corrective action to bring the costs down or to bring the Project back on Schedule. 5.6 LEEDTM. CM shall develop a Leadership in Energy & Environmental Design (LEEDTM) management implementation plan, documentation, and tracking methodology acceptable to Owner. 5.7 Construction Planning. 5.7.1 Procurement Plan. CM shall provide to Owner for review and approval a "Procurement Plan" which contains the CM's procurement process and procedures. It should contain information such as identification of long lead items, recommended phased construction, identification of work to be bid or acquired by Competitive Sealed Proposal method including evaluation criteria and award factors, identification of work to be self -performed, solicitation documents and subcontractor Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00- 12 Rev 07/16 agreements and forms, scoring matrix and evaluation method, bid award process, outreach efforts and initiatives to ensure MBE/WBE compliance, and solicitation schedule. Solicitation schedule should include key dates and milestones such as advertisement dates, bid openings, IGMP and GMP Proposal dates, GMP review period, proposed City Council dates and approvals and any other information relative to the CM's procurement process. 5.7.2 Long Lead Items. Identify any equipment, materials or other components of the Work for which orders must be placed in advance of the commencement of the respective Work in order to achieve the applicable Contract Time Requirements and to protect the Owner from excessive cost escalations ("Long Lead Items") and expedite the procurement by both CM and Owner of Long Lead Items to ensure delivery and installation for all Construction Trades Packages by the dates provided on the Progress Schedule and within the applicable Contract Time Requirements. 5.7.3 Assistance. If requested and approved by Owner, participate with A/E in preparing performance specifications and requests for technical proposals for the procurement and installation of systems and components. 5.7.4 Phased Construction. CM shall make recommendations to the Owner and A/E regarding the phased issuance of Drawings and Specifications to modify the existing schedule of the Work Packages or to add Work Packages to facilitate construction of the Work, if such modifications or additions are appropriate for the Project, taking into consideration such factors as economies, time of performance, availability of labor and materials, and provisions for temporary facilities. 5.7.5 Issue Requests. As requested and approved by Owner, issue invitations for bids and/or requests for technical proposals to qualified sources and receive bids and/or proposals and assist in their evaluation. 5.7.6 Pre-bid and/or Pre -proposal Conferences. Schedule and conduct pre-bid and/or pre -proposal conferences with interested proposers, subcontractors, material suppliers, and equipment suppliers, and record minutes of same. 5.7.7 Bids and/or Competitive Sealed Proposals. The Owner requests and requires that all bids or proposals be made available to the Owner and the Principal Architect/Engineer in accordance with the following process and procedures. 5.7.7.1 CM Solicitation. In coordination with Owner and in accordance with Texas Local Government Code Chapter 252 and/or Section Texas Government Code 2269.255-256, CM shall develop Subcontractor interest in the Project, and each respective Work Package, and, as the Construction Documents are completed, publicly advertise and solicit bids and/or competitive sealed proposals from Subcontractors to perform all major elements of the Work other than the minor work that may be included in CM's General Conditions Costs. CM shall conduct pre-bid and/or proposal conferences in order to explain the scope of the available work to interested Subcontractors. In the case of competitive sealed proposals, CM and Owner shall jointly agree on the criteria for determination of best value for award of competitive sealed proposals. CM shall receive and open all such Subcontractor proposals in a manner that does not disclose the contents of the proposals during the selection process. Owner and A/E shall attend the opening of all bids and/or competitive sealed proposals. CM shall comply with the Owner's M/WBE Ordinance and Procurement Program policies and procedures in evaluating the impact of each Subcontractor selection to the Compliance Plan. All proposals will be made public within seven Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00- 13 Rev 07/16 Calendar Days after the date of final selection. CM will follow this process in the development of each Construction Trades Package for each Work Package. CM shall submit CM's standard form of subcontract for the Project to Owner for review and approval in order to verify that it contains provisions required by the Contract Documents that are protective of the interests of Owner and conforms to the requirements of the Contract Documents. Subcontracts shall not be awarded on the basis of cost of the work plus a fee without the prior written consent of OAR. 5.7.7.2 CM Self -Perform. CM may seek to perform portions of the Work itself, other than the minor work that may be included in the CM's General Conditions Costs, if CM submits its proposal for those portions of the Work in the same manner as all other Subcontractors. If CM intends to submit a proposal for such Work, it shall notify Owner prior to soliciting proposals and all such bids and/or sealed proposals will be submitted directly to Owner or its designated representative. If Owner determines that CM's proposal provides the best value for Owner, CM will be awarded that portion of the Work. Owner's determination in such matters is final. 5.7.7.3 Alternate Subcontractors. If CM reviews, evaluates and recommends to Owner a proposal from any Subcontractor, but Owner requires a proposal from another Subcontractor to be accepted, then, pursuant to the terms of the Contract, Owner shall compensate CM by a change in price, time or Stipulated Sum for any additional cost and risk, which has been demonstrated to Owner's satisfaction, which CM may incur because of Owner's requirement that another Subcontractor proposal be accepted. 5.7.7.4 Scoring. CM must provide Owner and A/E with its completed scoring matrix, or other similar tool used for evaluating responses in a form to be approved by Owner, for each Construction Trades Package and which shows the score for each Subcontractor that submits a response to a competitive sealed proposal. 5.7.8 M/WBE Compliance. Comply with the Owner's M/WBE Ordinance by implementing and monitoring the M/WBE Procurement Program. Meet Project M/WBE goals and/or make a good faith effort to do so, and complete the Compliance Plan. 5.7.9 Quality Control Plan. Develop a quality control Work plan to assure requirements of the Contract Documents are met with a minimum of remedial work. The CM will plan for scheduling all needed tests with Owner, Owner's Third Party Contractors and consultants and any applicable testing agencies. 5.7.10 Temporary Site Facilities. CM shall review the Contract Documents to ensure that adequate temporary facilities are provided as necessary to enable the Subcontractors to perform their work and provisions have been made for all Project Site facilities necessary for CM to manage, inspect, and supervise the Work. Further, CM shall provide Owner's Third Party Contractors: access to the Site; access to the sanitary facilities; access to temporary water and power on Site; and access to the Site for minor storage. CM is not required to provide storage containers or large storage space, office trailers, dumpsters for recycling, or hauling services for Owner's Third Party Contractors or Consultants, unless CM and Owner otherwise agree. 5.7.11 Safety Plans. CM is responsible for initiating, maintaining, and supervising all safety programs and precautions as required by the Contract Documents. Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00- 14 Rev 07/16 5.7.12 Labor Analysis. Provide an analysis of the types and quantities of labor required for the Work and review the appropriate categories of labor required for critical stages of the Work. Make recommendations for actions that will minimize adverse effects of labor shortages on the Progress Schedule. 5.7.13 Division of Work. CM shall make recommendations to Owner through OAR and the A/E regarding the division of Work in the Drawings and Specifications, taking into consideration such factors as time of performance, availability of labor, impact on M/WBE involvement, overlapping trade jurisdictions, and provisions for temporary facilities. 5.8 Owner's Third Party Contracts. Consult with and make recommendations to the Owner, the A/E, and any applicable Owner's Third Party Contractors on the acquisition schedule for (as applicable) fixtures, furniture, equipment, materials, information technology systems, and other systems. Coordinate the purchase, delivery, and installation of such items in accordance with the Progress Schedule as may be required to meet applicable Substantial Completion and the LEEDTM Credit EQ 3.2 Construction Indoor Air Quality Management Plan, Flush -out Procedure 5.9 Failure to Perform Preconstruction Phase Services. 5.9.1 If CM fails to timely perform any of the Preconstruction Phase Services set out herein, and if, in the Owner's judgment, Owner determines that the Project is not on schedule, the Owner shall notify CM who must immediately provide Owner and A/E with a recovery schedule. The recovery schedule must include any and all actions necessary to get the Project back on schedule and may include any of the following items or such similar measures, and which must remain in effect until the progress of the Work is back on schedule in Owner's sole judgment. .1 An increase in staff resources having the expertise necessary to assist CM's Key Personnel to perform the required services; .2 An increase in office equipment or tools, including computers, software, telephones, faxes, etc., as needed to expedite delivery of the required services; and, .3 An increase in hours of Work or number of shifts. 5.9.2 CM is not entitled to an increase in Contract Amount for any additional effort it applies to the Work under this Section 5.9. 5.9.3 Failure to immediately act to provide a recovery schedule for Owner's approval or to implement an approved recovery schedule, is grounds for termination for cause. ARTICLE 6. CONSTRUCTION PHASE RESPONSIBILITIES The Preconstruction Phase will overlap into the Construction Phase, and CM will provide those services as required throughout the duration of the Contract. Additionally, the CM will perform the services in the Construction Phase as set forth in this Article 6 and elsewhere in the Contract Documents. 6.1 General Coordination. 6.1.1 Coordination. In consultation with Owner, establish and implement procedures for coordination among the Project Team, Subcontractors, Owner's Third Party Contractors, A/E, and other Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00- 15 Rev 07/16 consultants, including coordinating installation of any Owner -procured material and equipment. CM shall provide recommendations and information to the other members of the Project Team on: construction feasibility; availability of materials and labor; time requirements for installation and construction; development of a safety plan and responsibilities for safety precautions and programs; temporary Project facilities; equipment, materials and services for common use of the CM and Owner's Third Party Contractors, if any; cost factors, including costs of alternative materials and possible cost savings; methods of verification for determining that the requirements and assignment of responsibilities are included in the Contract Documents; and any other matters necessary to accomplish the Work in accordance with the Contract Time Requirements and the Contract Amount. 6.1.2 Meetings. CM shall attend Owner's weekly progress meetings, and fully advise the Project Team at such meetings as to Project status, especially with regard to the Progress Schedule. At each weekly progress meeting, CM shall prepare and distribute an excerpt from the Progress Schedule setting forth the Work activities for the next three weeks. Attend all other called Project meetings with Project Team members. 6.1.3 Agenda and Minutes. Prior to each weekly progress meeting, A/E will prepare and distribute a written agenda for the meeting. A/E will record and distribute the minutes of each meeting. A/E will also prepare agendas and minutes for all other called meetings. Review the agendas and minutes and provide comments, if any. 6.1.4 Public Hearings. At Owner's request, CM shall attend public meetings and hearings concerning the development and schedule of the Project. 6.1.5 Decision Tracking Report. CM shall continuously update a "Decision Tracking Report," which records all Work issues and the decisions on how to resolve each one. At Final Completion of the Work, the Decision Tracking Report will provide a final and complete record of each Work issue and decision and will be provided to Owner. The updates must be done at least monthly immediately prior to the then current Application for Payment. 6.1.6 Partnering. CM shall plan, coordinate, and conduct quarterly Partnering sessions with all appropriate Project Team members, including Major Subcontractors designated by CM and Owner, throughout all stages of the Work, based on approved Partnering Program. Publish and distribute meeting minutes to all attendees. 6.1.7 Permits, Licenses, Fees. CM shall confirm that all approvals, reviews, permits, licenses that are required for all portions of the construction of the Work to commence have been received 6.1.8 Submittal Schedule. CM shall update and coordinate all Submittal Schedules for Shop Drawings and Samples required by Division 1 and assure submission of the Submittals in accordance with the Submittal Schedule. 6.1.9 List of Personnel and Subcontractors. Upon proposing the GMP Proposal for a Work Package, CM must submit an updated Exhibit 3 which shall include a list of all Subcontractors and consultants and their respective key personnel and salaried specialists and their respective duties for portions of the Work of the respective Work Package, which updated Exhibit 3 will be substituted for the then existing Exhibit 3. The CM's personnel identified in Exhibit 3 must not be changed without the Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00- 16 Rev 07/16 Owner's prior written agreement, which will not be unreasonably withheld. The CM must notify Owner of any change to Subcontractors and consultants identified on Exhibit 3, as amended. 6.1.10 Construction Planning. To the extent that the Owner has agreed to permit the CM to submit a subsequent Construction Trades Package for a Work Package after the GMP Proposal for that Work Package has been submitted, CM shall prepare and submit such subsequent Construction Trade Package in accordance with the process set forth in Section 5.7.6 with an amended Exhibit 3. 6.2 Project Control. 6.2.1 Subcontracts. CM shall cause the Work to be constructed in strict accordance with the Contract Documents and within the applicable Contract Time Requirements of the Contract Documents, CM shall award and enter into and manage, as the general contractor, all Subcontracts necessary to provide all labor and materials for the Work. 6.2.2 Owner's Third Party Contracts. Owner reserves the right to perform any part or all of the Work and to award Third Party Contracts ("Third Party Contracts") to Owner's Third Party Contractors for Other Work. 6.2.3 Monitoring Progress. CM shall monitor the Work of the Subcontractors and other work of Owner's Third Party Contractors in conjunction with the Progress Schedule to ultimately achieve completion of the Work, as designed, at a cost not to exceed the applicable Contract Amount and GMP and within the applicable Contract Time Requirements. CM shall update the Labor Analysis, as needed. 6.3 Progress Schedule. CM must achieve sufficient progress in the Work to keep on schedule with the timelines and Milestones set out in the Project Schedule in order to ultimately achieve the applicable Contract Time Requirements for the Project and each Work Package. Updating the Progress Schedule in a timely manner and comparing it to the Project Schedule will be a continuing priority for CM during the entire Project. 6.3.1 CM shall use Oracle Primavera or such other scheduling program approved by Owner and provide Owner with a copy of the program for its use in connection with the administration of this Project, and shall update the Progress Schedule as reasonably required by Owner, but not more often than weekly nor less often than monthly, immediately prior to each then current Application for Payment. 6.3.2 Proposed adjustments to the Progress Schedule that do not change the applicable Contract Time Requirements, including applicable Milestones, and which generally conform to the then current Project Schedule and applicable provisions of Division 1 will be approved by OAR in its reasonable discretion. 6.4 Budget and Cost Control. 6.4.1 Administration. CM shall prepare, administer, and provide to Owner, Subcontractors' Schedule of Values, Subcontractors' sworn statements and waivers of liens, as required, Contract and disbursement summaries, Change Order Logs and Change Orders, and budget cost summary reports, as required by Owner. Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00- 17 Rev 07/16 6.4.2 Procurement and Estimates. CM shall prepare and update all procurement and construction cost estimates. 6.4.3 Cost Management Report. CM shall continue updating the Cost Management Report, with additional detail as may be required by the Owner and/or A/E, monthly prior to submitting the next Application for Payment. Further, the Cost Management Report shall track and compare Construction Cost Limitation amounts and GMP with the actual costs of the Work. Also, throughout the duration of the Work, continue providing cost consultation services. 6.4.4 Report Cost Variances. CM shall promptly, but in any event, no more than seven Calendar Days after acquiring such information, identify all variances between estimated costs and actual costs, and shall promptly report such variances to the Project Team along with recommendations for action. 6.4.5 Schedule of Values. CM shall continue updating the CM's Schedule of Values monthly prior to submitting the next Application for Payment. 6.4.6 Advice. CM shall advise the other members of the Project Team immediately, if at any time, the CM has knowledge or belief that the Contract Amount or Project Schedule will not be met, and make recommendations to the Project Team for corrective action. 6.4.7 Cost Control System. CM shall develop and monitor an effective system of Project cost control, which system shall be disclosed to and reviewed and approved by Owner and OAR. In connection with the management of the Cost Control System, CM shall develop cash flow reports and forecasts as reasonably requested or required by Owner or OAR. 6.5 Recovery Schedule. If the Progress Schedule indicates that the Work cannot be achieved within the applicable Contract Time Requirements or the Owner otherwise determines that CM is not on schedule to achieve the applicable Contract Time Requirements, Owner will notify CM in writing. 6.5.1 CM will have seven Calendar Days after receipt of such notice to either (a) disagree with Owner and provide documentation, using the cost and resource loaded critical path methodology, of how CM is actually on schedule to achieve the Contract Time Requirements for the Project and each applicable Work Package or (b) provide Owner and A/E a Recovery Schedule, which identifies specific measures that CM will undertake to get the Project back on schedule to achieve the Contract Time Requirements for the Project and each applicable Work Package, and which must remain in effect until the progress of the Work is back on schedule to achieve the applicable Contract Time Requirements for the Project and each applicable Work Package. 6.5.2 A "Recovery Schedule" means a short duration schedule implemented to bring the Project back on schedule to achieve the Contract Time Requirements for the Project and each applicable Work Package. The Recovery Schedule may include any of the following items, or other similar measures. .1 An increase in working forces; .2 An increase in equipment or tools; .3 An increase in hours of Work or number of shifts; or .4 Expedited delivery of material. 6.5.3 CM is not entitled to an increase in Contract Amount for any additional temporary effort Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00- 18 Rev 07/16 necessary under the Recovery Schedule. 6.6 LEED. CM shall continue implementation of LEED management plan and updating tracking methodology acceptable to Owner. CM shall provide documentation as required by Division 1 and the technical Specifications and assist A/E in applying for and successfully attaining a Silver, or higher, LEED rating for the Project. 6.7 Construction Planning. Without limiting CM's obligations to continue to perform necessary Preconstruction Phase Services after commencement of the Construction Phase for each respective Work Package, CM shall perform the following services in connection with the Construction Phase Work. 6.7.1 Long Lead Items. CM shall coordinate and expedite the procurement by both CM and, as applicable, Owner of Long Lead Items to ensure their procurement, delivery, and installation by the Milestone dates provided on the Progress Schedule. 6.7.2 Assistance. If requested and approved by Owner, CM shall participate with A/E in preparing performance specifications and requests for technical proposals for the procurement and installation of systems, components. 6.7.3 Issue Requests. If requested and approved by Owner, CM shall issue requests for technical proposals to qualified sources and receive proposals and assist in their evaluation. 6.7.4 Bids, Competitive Sealed Proposals and Conferences. When Bids, Competitive Sealed Proposals and Pre -Bid or Pre -proposal Conferences are required, CM shall follow the methodology set out in Section 5.7, Construction Planning. 6.7.5 M/WBE Procurement Program. CM shall continue to comply with and implement and monitor the M/WBE Procurement Program for the Project. Meet Project M/WBE goals and/or make a good faith effort to do so, and complete the Compliance Plan. 6.7.6 Quality Control Plan. CM shall continuously implement and monitor the quality control Work plan to assure requirements of the Contract Documents are met with a minimum of remedial work. CM shall schedule and coordinate all needed tests with Owner, Owner's Third Party Contractors, consultants and any applicable testing agencies, and notify Owner and A/E of the day and time of any test, without assuming direct responsibility for the work of Owner's Third Party Contractors and any testing agencies. See Section 13.3 of General Conditions. 6.7.7 Temporary Site Facilities. CM shall maintain adequate temporary facilities necessary to enable the Subcontractors to perform their work, and provisions for all Project Site facilities necessary for CM to manage, inspect, and supervise the Work. Further, CM shall provide Owner's Third Party Contractors: access to the Site; access to the sanitary facilities; access to temporary water and power on Site; access to the Site for minor storage. CM is not required to provide storage containers or large storage space, office trailers, dumpsters for recycling, nor hauling services for Owner's Third Party Contractors or Consultants, unless CM and Owner otherwise agree. 6.7.8 Safety Plans. CM shall maintain and supervise all safety precautions in coordination with the CM's safety plan and program in connection with the Work. Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00- 19 Rev 07/16 6.7.9 Labor Analysis. CM shall update the Labor Analysis as needed and make any appropriate recommendations for actions that will minimize adverse effects of labor shortages on the Progress Schedule. 6.8 Owner's Third Party Contracts. As applicable, CM shall continue to coordinate the Owner's purchase, delivery and installation of any Owner Supplied Equipment, materials or other such items as may be required to achieve applicable Milestones on the Project Schedule and the Progress Schedule for complete installation prior to Substantial Completion and, as applicable, the LEED's off -gassing Milestone. ARTICLE 7. CONTRACT AMOUNT 7.1 Contract Amount. Owner shall pay CM, in accordance with the General Conditions of Contract, the Contract Amount equal to: (i) the CM's Preconstruction Phase Services Fee and Preconstruction Phase Reimbursables as provided in Section 7.2.1 below, (ii) the CM's Fee for Construction Phase Services as provided in Section 7.2.2 below, and (iii) the Cost of the Work as provided in Section 7.3 below, subject to the GMP established in Section 7.4 below and any adjustments made in accordance with the Contract Documents. The applicable Contract Amount and its component elements for each Work Package shall be subject to the GMP for that Work Package. 7.2 CM's Preconstruction and Construction Phase Fees 7.2.1 CM's Preconstruction Phase Fee. For the Preconstruction Phase Services performed prior to the commencement of the Construction Phase, the Owner shall pay the CM the stipulated sum of $ . This amount is predicated on the progress of the design being adequate to allow the CM to present a GMP Proposal for the initial Work Package as outlined in the Project Schedule attached to this Agreement no later than ( ) months after the commencement of the Preconstruction Services Phase and shall be equitably adjusted if the progress of the design is not adequate to allow such a Proposal by that date. Except as otherwise expressly provided herein, all personnel costs, including insurance and benefits in connection with the performance of the Preconstruction Phase Services, as well as the CM's overhead and profit for such Services, shall be included in the CM's Preconstruction Phase Fee. 7.2.1.1 CM shall also be entitled to reimbursement of those actual costs and expenses reasonably and necessarily incurred in the performance of the Preconstruction Phase Services. To the extent that the Contract Documents include a schedule for reimbursement of certain travel costs, reimbursement for such costs shall be made pursuant to such schedule and in lieu of reimbursement of actual costs of travel. Such costs and expenses shall be limited to reasonable and necessary travel and lodging expenses for CM personnel not stationed at Owner's and A/E's offices and when traveling to Corpus Christi for the performance of Preconstruction Phase Services and such reasonable and necessary costs for offices at or near the Site and supplies required by CM in connection with the performance of the Preconstruction Phase Services (referred to collectively as the "Preconstruction Phase Reimbursables"). Notwithstanding the foregoing, CM shall not be entitled to reimbursement of costs for Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00 - 20 Rev 07/16 offices and supplies after the commencement of the initial Work Package of the Construction Phase. The Preconstruction Phase Reimbursables shall not exceed the sum of $ . If the CM is entitled to an equitable adjustment in the Preconstruction Phase Fee as provided in Section 7.2.1 above, the Preconstruction Phase Reimbursables may also be equitably adjusted to reflect the additional actual costs and expenses reasonably and necessarily incurred by the CM. 7.2.1.2 The Preconstruction Phase Fee shall be payable in ( ) equal monthly installments. The Preconstruction Phase Reimbursables shall be paid monthly following presentation of the CM's invoice, with such supporting documentation as Owner may reasonably require or as otherwise required by the Contract Documents. Payments are due and payable thirty (30) days after the date the Owner receives the CM's invoice, with such supporting documents as required herein. 7.2.1.3 It is acknowledged and agreed that, even after the commencement of the Construction Phase of the initial Work Package, the CM shall continue to be obligated to perform Preconstruction Phase Services relative to that Work Package and the rest of the entire Work. However, all fees, costs, and expenses in connection with such Preconstruction Phase Services performed after the commencement of the Construction Phase of the initial Work Package, including Preconstruction Phase Reimbursables, shall be reimbursable only to the extent such fees, costs, and expenses are reimbursable as Cost of the Work, subject to the GMP as established in the initial Work Authorization Amendment (or such subsequent Work Authorization Amendments). 7.2.2 CM's Construction Phase Fee. The CM's Fee for the Construction Phase of the entire Project is $ . The CM's Fee shall not be increased except as provided in Subsection 7.2.2.1 below. The CM's Fee shall be decreased as provided in Subsection 7.2.2.2 below. 7.2.2.1 The CM's Fee shall be increased only for those changes in the Work which, in the aggregate with all other increases and decreases, cause the GMP for the entire Work to be increased by more than $900,000.00 over the original GMP established for the entire Work. In such event, the CM's Fee shall be increased in the amount of % of the increase in the GMP over $900,000.00 (without including the CM's Fee in computing such increase). Such adjustment in the CM's Fee shall be paid with the Final Payment or as otherwise agreed by the CM and the Owner. 7.2.2.2 The CM's Fee shall be decreased for those reductions in the scope of the Work or other changes in the Work which, in the aggregate with all other increases and decreases, cause the GMP for the entire Work to be decreased by more than $900,000.00 under the original GMP established for the entire Work. In such event, the CM's Fee shall be decreased in the amount of the same percentage as set forth in Section 7.2.2.1 of the decrease in the GMP in excess of $900,000.00 (without including the CM's Fee in computing such decrease). In the event that the amounts owed to the CM by the Owner at the time such reduction is determined are not sufficient to cover the adjustment in the CM's Fee, the CM shall reimburse the Owner for the amount of such adjustment within ten (10) days. 7.2.2.3 In the event that the Construction Phase is divided into two or more Work Packages, the CM's Fee for a respective Work Package shall be set out in the GMP Proposal for that Work Package and shall be allocated to such Work Package in an amount which bears the same ratio to the CM's Fee as the estimated Cost of the Work of that Work Package (as reflected in the GMP Proposal) bears to a reasonable estimate of the Cost of the Work of the entire Project. Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00-21 Rev 07/16 7.3 Cost of the Work. 7.3.1 Included Costs. The Cost of the Work shall include only the following: .1 Wages or salaries of employees of CM actually performing minor portions of the Work as permitted by law and the Contract Documents or, with Owner's agreement, at locations off the Site. .2 Wages or salaries of CM's supervisory and administrative personnel approved by the Owner or otherwise authorized under the Contract Documents when stationed at the site and working full time on the Project or working off-site to assist in the production or transportation of material and equipment necessary for the Work in accordance with the CM's Supervisory and Administrative Personnel Cost Schedule attached hereto as Exhibit 4. .3 Costs incurred by CM for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements, or which are customarily paid by CM, but only to the extent such costs are based on wages and salaries paid to employees of CM covered under Subsections 7.3.1.1 through 7.3.1.2 above. Notwithstanding the foregoing, the costs under this Subsection 7.3.1.3 are included within the rates for the employees as set forth in Exhibit 4. .4 With prior written approval of the Owner, eligible expenses for reasonable transportation and living expenses in connection with out-of-town travel by CM's supervisory and administrative Project personnel described above, which shall be reimbursable on the basis of a schedule of reimbursable costs to the extent that the Contract Documents include such a schedule for reimbursement of travel costs. Such expenses incurred by other employees of the CM not permanently stationed at the field office must be approved in advance by the Owner. Commuting expenses are specifically not reimbursable. .5 Payments properly made by CM to Subcontractors and consultants for performance of portions of the Work and to the CM for self -performed Work as authorized by the Contract Documents and agreed by the Owner. To the extent that Owner has authorized the CM to enter into a subcontract whose compensation is based upon the cost of the work plus a fee, the cost of the work under such subcontract shall incorporate the same definition of the Cost of the Work as set forth in this Agreement. .6 Costs, including transportation, inspection, testing, storage and handling, of materials, equipment, and supplies incorporated or reasonably used in completing the Work. .7 Costs (less salvage value) of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, that are not fully consumed in the performance of the Work and that remain the property of Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00-22 Rev 07/16 CM, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items. Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by CM at the site, whether rented from CM or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rental charges for CM -owned equipment shall be eighty-five percent (85%) of those listed in the most current edition of the Rental Blue Book for Construction Equipment published by the Equipment Guidebook Company. CM shall provide monthly an inventory of all rented or purchased equipment and small tools greater than $500.00 committed to the Project. Such inventory shall be in form acceptable to OAR. CM shall support its rental charges for such tools and equipment based upon actual usage and in a manner reasonably acceptable to OAR. Owner will receive from CM the reasonable value, in cash or a credit against the Cost of the Work, of all such materials, equipment, temporary structures, tools and supplies when they are no longer required for the Work and are sold for salvage value at Owner's direction. However, Owner reserves the right to keep any of such materials, equipment, temporary structures, tools or supplies rather than receive cash or credit for them. .8 Costs of removal of debris and waste from the Site. All subcontracts shall require Subcontractors to remove regularly all debris created by their activities to a dumpster provided by CM, and CM shall enforce such requirements or effect an appropriate back charge to those Subcontractors who fail to meet their requirements in this regard. .9 All fuel costs incurred by CM in the performance of portions of the Work self - performed by CM and not otherwise included in General Conditions. .10 Reproduction costs, costs of telegrams, facsimile transmissions and long-distance telephone calls, postage and express delivery charges, telephone at the site and reasonable petty cash expenses of the site office. .11 Costs for permits, royalties, licenses, tests and inspections and reasonable attorney's fees incurred by CM as a requirement of the Contract Documents, provided that any such attorney's fees are incurred in enforcing this Agreement on behalf of the Owner and Owner has been notified of the need to obtain such legal services and the Owner has been afforded the opportunity to provide its own legal services. .12 That portion directly attributable to this Contract of premiums for insurance and bonds that are required by the Contract Documents or otherwise agreed to by the Owner. .13 Reasonable Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property provided such costs do not arise from the negligence of CM or those working by and through CM. Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00 - 23 Rev 07/16 .14 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner prior to incurring these costs, which approval will not be unreasonably withheld or delayed. 7.3.2 CM's General Conditions Costs. The Owner and CM have hereby agreed that those certain administrative and supervisory personnel costs, direct overhead, and other onsite costs and expenses incurred by Contractor in the performance of its administrative, supervisory and management responsibilities under the Contract otherwise reimbursable under Section 7.3.1 above and described or itemized in CM's General Conditions Costs Schedule attached hereto as Exhibit 5 shall, notwithstanding the other terms of this Article 7, be reimbursable to the Contractor subject to the limitations and restrictions expressly set forth in Subsections 7.3.2.1 and 7.3.2.2 below. 7.3.2.1 Those reimbursable costs described or itemized in Exhibit 5 (the "CM's General Conditions Costs") shall be separately and clearly identified in each Application for Payment submitted by CM. The total aggregate amount of the CM's General Conditions Costs reimbursable to the CM, notwithstanding the actual costs incurred by the CM, shall not exceed $ for the entire Work, subject to such adjustments as may be expressly authorized by the Contract Documents. 7.3.2.2 In the event that the Construction Phase is divided into two or more Work Packages, the aggregate cap on the amount of the CM's General Conditions Costs reimbursable for a respective Work Package shall be set out in the GMP Proposal for that Work Package and shall be allocated to such Work Package in an amount which bears the same ratio to the aggregate cap on the CM's General Conditions Costs set forth in Subsection 7.3.2.1 above as the estimated Cost of the Work of that Work Package (as reflected in the GMP Proposal) bears to a reasonable estimate of the Cost of the Work of the entire Project. 7.3.3 Excluded Costs The following costs are excluded from the Contract Amount to be paid by Owner: .1 Legal and administrative costs to review and negotiate these Contract Documents. .2 Travel and subsistence expense of CM, its officers or employees incurred while traveling between the Site and CM's principal or branch offices in Corpus Christi, and other travel in the Corpus Christi metropolitan area not authorized under Section 7.3.1.4. .3 Fines, penalties, sanctions or impositions assessed or imposed by any governmental body, instrumentality or tribunal arising from the fault of CM. .4 Costs incurred by CM resulting from the failure of CM or its Subcontractors to coordinate their work with that of Owner and Owner's Third Party Contractors, if any, after providing the Progress Schedule, or failure of CM to comply with directives of Owner not in conflict with the Progress Schedule. .5 Costs resulting from the failure of CM or any Subcontractor to procure and maintain insurance as and to the extent required by the Contract Documents. Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00-24 Rev 07/16 .6 Any and all overhead expense, or office expense at any location, except as related to CM's Project Site office expense to the extent included in the General Conditions. .7 Costs related to CM's indemnification obligations arising under the Contract Documents. .8 The cost of capital, including, without limitation, interest on capital, regardless of whether it is related to the Project. .9 Any cost arising out of the fault or negligence of CM, its Subcontractors or consultants, or any person or entity for whom they may be liable, including, without limitation, costs related to defective Work, materials or equipment, and damage to persons or property. .10 Liquidated or actual damages imposed by Owner for failure of CM to complete the Work on or before the Substantial Completion Date. .11 Any sales, use or similar taxes, tariffs or duties incurred in the performance of the Work. The parties hereto acknowledge that Owner is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and is thereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas Tax Code, and Article 1066 (C), Local Sales and Use Tax Act, Revised Civil Statutes of Texas. Owner shall provide CM with a Sales Tax Exemption Certificate in order to provide for the tax-free purchase and procurement of services and materials for the Project. .12 Any and all costs not specifically authorized herein, including, without limitation, any cost which would cause the applicable GMP to be exceeded or, in the case of the CM's General Conditions Costs, that would cause the respective aggregate cap to be exceeded, or in the case of the Preconstruction Phase Reimbursables, that would cause the respective limit of such reimbursement to be exceeded. .13 The cost of non -statutory subcontractor bonds or subcontractor default insurance. 7.4 Guaranteed Maximum Price. The sum of the (i) the CM's Preconstruction Phase Fee and Preconstruction Phase Reimbursables, (ii) the CM's Fee for Construction Phase Services, and (iii) the Cost of the Work shall not exceed the Guaranteed Maximum Price ("GMP") as established or to be established hereunder, subject to such adjustments as may be expressly authorized by the Contract Documents. Once the applicable GMP has been established in accordance with the Contract Documents, all costs which would cause the GMP to be exceeded shall be paid by the CM without reimbursement by the Owner. 7.4.1 GMP Proposals. Based upon the information, analysis, findings and reports developed during the Preconstruction Phase, at % completion of Construction Documents {for example, 65% design completion. NOTE: The percentage of completion should be high enough to reasonably ensure that there will be no changes in scope or other significant changes that could affect pricing. Before setting percentage, verify the PSA contract terms and conditions regarding construction document submittal stage, etc.} or as soon as possible thereafter, but no later than , unless otherwise agreed by Owner, the CM shall submit its GMP Proposals ("GMP Proposals") on a Request for Proposal form as required herein, and supplemented as necessary, as follows: 7.4.1.1 Initial Guaranteed Maximum Price Proposal. Within sixty (60) days after the CM is furnished the Construction Documents at Design Development Phase of the entire Work or a Work Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00 - 25 Rev 07/16 Package by the A/E and with the Owner's approval thereof, the CM shall submit its Initial Guaranteed Maximum Price Proposal ("IGMP Proposal") for the entire Work or the Work Package, respectively, in such form and with such backup documentation as required for the GMP Proposal. Except as may otherwise be agreed by the Owner and the CM, the IGMP Proposal shall include a Construction Contingency of five percent (5%) of the estimated Cost of the Work. If the IGMP Proposal is accepted by the Owner, the estimated Cost of the Work component of the IGMP for the Work covered by such Proposal (including the Construction Contingency) shall constitute a fixed limit of the Cost of the Work covered by the Proposal (the "Construction Costs Fixed Limit"). 7.4.1.2 GMP Proposal for the Work or a Work Package. Within sixty (60) days after the Construction Documents have been sufficiently developed with respect to the Work or a specific Work Package so that they contain sufficient detail as mutually agreed to, in good faith, by Owner and CM to establish a final, binding GMP for the specified scope of the Work, the CM shall submit its GMP Proposal for the entire Work or the Work Package, respectively, in such form and with such backup documentation as required herein for the GMP Proposal. Except as may otherwise be agreed by the Owner and the CM, the GMP Proposal shall include a Construction Contingency of two percent (2%) of the estimated Cost of the Work. Notwithstanding the foregoing, the estimated Cost of the Work component of the CM's GMP Proposal (inclusive of the Construction Contingency) shall not exceed the Construction Costs Fixed Limit from the IGMP accepted by the Owner for such Work, except to the extent that CM can establish that such increases were the result of changes in the scope of the Work from the pricing for the IGMP and for which the CM would otherwise be entitled to an increase in the Contract Amount under the Contract Documents if such change occurred after the GMP was established. 7.4.2 GMP Proposal Requirements. The GMP Proposal shall be consistent with the Guidelines to Prepare the GMP Proposal attached hereto as Exhibit 6 and shall include the following, unless the Parties mutually agree otherwise: .1 A proposed GMP for the designated portion of the Work, which shall be the sum of: i. Stipulated Sum for Preconstruction Phase Services established under Section 7.2.1 above and the Preconstruction Phase Reimbursables subject to Section 7.2.1.1above for the designated portion of the Work; ii. the CM's Fee for the designated portion of the Work as defined in Section 7.2.2 above; and iii. the estimated Cost of the Work, including the CM's General Conditions Costs, as defined in Section 7.3 above, inclusive of any Construction Contingency, if such a Contingency is established in the accepted GMP Proposal, for the designated portion of the Work. .2 A list of the Construction Documents, including all other information used as the basis for the GMP proposal; .3 A list of the assumptions and clarifications made by CM in the preparation of the GMP Proposal, which list is intended to supplement the information regarding the scoping and requirements of the Work contained in the Construction Documents; Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00 - 26 Rev 07/16 .4 If applicable, a list of Allowances or any other open pricing terms and a statement of their basis; .5 If applicable, a schedule of Unit Prices; .6 The Contract Time Requirements for the designated portion of the Work, including the Milestone dates and the required Substantial Completion Date upon which the proposed GMP is based, to the extent said date has not already been established hereunder, .7 A Schedule of Values based upon the Contract Time Requirements; .8 Any other information requested in the attached form of the GMP Proposal. The GMP Proposal must be prepared with a breakdown of estimated costs organized by trade, allowances, contingencies, etc. following the format presented in Exhibit 6. The GMP Proposal must include a description of how the estimated Cost of the Work was derived and prepared in accordance with the requirements of this Agreement and the other Contract Documents. If directed by Owner, in formulating the estimated Cost of the Work in the GMP Proposal, CM shall provide for a construction contingency ("Construction Contingency") as provided in Section 7.4.5 below. 7.4.3 Negotiation of IGMP and GMP Proposals. After submission of each of the IGMP and the GMP Proposals for the entire Work or any Work Package, CM and Owner shall promptly meet to discuss and review the respective Proposals. To the extent that the estimated Cost of the Work component of a GMP Proposal exceeds the Construction Costs Fixed Limit established in an agreed IGMP, the CM shall exercise best efforts (as measured by its applicable standard of care under the Contract) to propose Value Engineering solutions and other cost-cutting measures to bring such construction costs within the applicable Limit. In the event that the estimated Cost of the Work component exceeds the applicable Construction Costs Fixed Limit and such cost increase is not due to a change in the scope of the Work, CM shall not be entitled to any reimbursement for the time or expenses required to bring such construction costs within the applicable Limit. If Owner has any comments regarding the respective Proposal, or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to CM of such comments or findings. If appropriate, CM shall, upon receipt of Owner's notice, make appropriate adjustments to the respective Proposal. If Owner accepts a GMP Proposal, as may be amended by Owner and CM, the Proposal and its basis shall be set forth in a Work Authorization Amendment to this Agreement. Notice to Proceed on a Work Authorization Amendment may be issued immediately upon full approval and execution and receipt of all required bonds and insurance. The Notice to Proceed on a Work Authorization Amendment may be phased in two or more phases, if approved by Owner, with each phase being issued its own Notice to Proceed. CM agrees that to the best of its knowledge that the Contract Documents at the time of the execution of the respective Work Authorization Amendment are sufficient to enable it to determine the GMP for all the Work covered by such Amendment and that such Work can be completed in accordance with the Contract Documents for the GMP. By agreeing to a GMP, CM agrees with Owner that the Work required by the Contract Documents for the Work covered by the respective Work Authorization Amendment, including, without limitation, construction means, methods, procedures, and techniques necessary to perform the Work, will be consistent with (i) good and sound practices within the construction industry; (ii) generally prevailing Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00 - 27 Rev 07/16 and accepted industry standards applicable to the Work, and (iii) requirements of any warranties applicable to the Work. 7.4.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal for the entire Work or any Work Package (which it may do in its sole discretion), or fails to notify CM in writing within thirty (30) calendar days of receipt of the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and CM shall meet and confer as to how the Project will proceed, with Owner having the following options, the selection of which option Owner may make in its sole discretion: .1 Owner may suggest modifications to the GMP Proposal and consider CM's additional VEP and other suggestions for cost reduction, whereupon, if such modifications are accepted in writing by Owner and CM, the GMP Proposal shall be deemed accepted and the Parties shall proceed in accordance with Section 7.4.3 above; .2 Owner may authorize and direct, in writing, the CM to proceed with the specified Work on the basis of reimbursement as provided in Sections 7.2 (CM Fee) and 7.3 (Cost of Work) hereof without a GMP, in which case all references in this Agreement to the GMP will not be applicable; or .3 Owner may terminate this Agreement or the portion thereof relating to the Work Package for convenience in accordance with the Contract Documents; provided, in such event, CM will be entitled to the payment as provided in the Contract Documents for termination for convenience. 7.4.5 Construction Contingencies. Each IGMP and GMP for the Work or any Work Package shall include a Construction Contingency in the amount as expressly authorized in this Agreement. Such Construction Contingency shall be shown in the respective Schedule of Values and clearly identified as the "Construction Contingency". The Construction Contingency shall not be allocated to any particular item of the Cost of the Work and is established for increases in Cost of the Work incurred by the CM for unforeseen causes or details not capable of reasonable anticipation at the time of the execution of this Agreement or the respective Work Authorization Amendment and is not intended for changes in the scope of the Work or for reimbursement of expenses and costs not otherwise recoverable as Cost of the Work under Article 7 of this Agreement. It is understood that the amount of any such Construction Contingency, except as otherwise provided in this Agreement, is the maximum sum available to the CM to cover cost incurred as a result of such unforeseeable causes or details and that cost overruns in excess of the amount of the Construction Contingency will be borne by the CM. The CM will not be allowed to use any part of the Construction Contingency without prior written approval from the Owner, such approval not to be unreasonably withheld. 7.4.6 Allowances. Allowance is defined as "a not -to -be -exceeded amount," either individually or in the aggregate, which is established between the Owner and the CM as part of a GMP Proposal when the precise scope of a particular line item(s) has not been defined to a level which is adequate for the CM to provide a definitive line item pricing for that particular scope of Work. The use of any Allowances by the CM in any GMP Proposal will be subject to the Owner's sole approval and it is the Owner's intent to minimize the use of Allowances to the fullest extent possible. For any Allowances which the Owner allows Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00-28 Rev 07/16 the CM to use, the following rules shall apply: (i) Allowances shall cover the cost to the CM of the Cost of Work, as defined in the Agreement; (ii) CM's portion of the Fee for overhead and profit associated with the stated Allowance shall be included in the GMP Proposal; and (iii) upon completion of the portion of the Work subject to an Allowance, the Contract Amount for that portion of the Work will be adjusted based upon the approved actual Cost of the Work, including the proportionate fee, which will not exceed the approved aggregate amount of the Allowances. 7.4.7 Adjustments to GMP and Schedule. Once an IGMP or GMP has been agreed upon and incorporated into the Contract, such GMP is subject to adjustments only as provided in the Contract Documents, including Article 11 of the General Conditions. The Contract Time Requirements applicable to the entire Work or a Work Package is subject to adjustments only as provided in the Contract Documents. ARTICLE 8. PROCEDURE FOR PAYMENT 8.1 Payment Application. Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 8.2 Progress Payments; Retainage: 8.2.1 The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. 8.2.2 Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. 8.2.3 Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 15.01 of the General Conditions. 8.2.4 At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. 8.2.5 At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 8.3 Final Payment. Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00 - 29 Rev 07/16 8.4 Interest. Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Owner is not obligated to pay interest on moneys not paid except as provide in Texas Government Code Chapter 2252. 8.5 Record Keeping and Financial Controls. CM acknowledges that this Agreement is to be administered on an "open book" arrangement relative to Costs of the Work and all other amounts included in the Contract Price. CM 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 from time to time, to audit in accordance with the General Conditions of the Contract. 8.6 Payments for Professional Services. The CM will be compensated for Preconstruction Phase Services as provided in Section 7.2.1.2 above. ARTICLE 9. INSURANCE AND BONDS 9.1 Insurance. CM shall procure, in accordance with Article 2 of the General Conditions, the following insurance coverage: The specific insurance coverage requirements applicable to this Project as set forth in Form 00 72 01 Insurance Requirements, provided that there shall be no exclusions for the Construction Manager at Risk method described herein in any of the policies provided hereunder or any such exclusions shall be specifically deleted. 9.2 Bonds and Other Performance Security. 9.2.1 CM shall provide a performance bond and payment bond, in accordance with Article 2 of the General Conditions, in the amount of the construction budget, $1,800,000. 9.2.2 CM 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. ARTICLE 10. REPRESENTATIVES OF THE PARTIES 10.1 Owner's Authorized Representative 10.1.1 Owner designates the individual listed below as its Owner's Authorized 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. Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00-30 Rev 07/16 Doug Follingstad — Project Manager City of Corpus Christi — Engineering Services 1201 Leopard Street, 3rd Floor Corpus Christi, TX 78401 Phil Boehk, P.E. —Acting Construction Engineer City of Corpus Christi — Engineering Services 4917 Holly Road #5 Corpus Christi, TX 78411 10.2 CM's Representatives 10.2.1 CM designates the individual listed below as its representative: , Project Manager ARTICLE 11. EXHIBIT 11.1 The following exhibits are incorporated by reference into this Agreement and the Contract Documents for all purposes as if fully set forth: Exhibit 1 CM's Proposal Exhibit 2 CM's Project Schedule Exhibit 3 List of CM Key Staff/Personnel and List of Subcontractors and consultants and their respective Key Staff/Salaried Specialists Exhibit 4 Form of GMP Proposal, including Cost of the Work with Construction Trade Package Schedule of Values Exhibit 5 Certificate of Interested Parties Form 1295 ARTICLE 12. CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR —Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement — Construction Manager -at -Risk Project # 5246 — New Fire Station No. 18 (Bond 2008) 00 50 00-31 Rev 07/16 In executing this Agreement, Owner and Construction Manager at Risk 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] ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary J.H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM: AUTHORIZED Assistant City Attorney ATTEST (IF CORPORATION) CONTRACTOR BY COUNCIL SECRETARY By: Note: Attach copy of authorization to sign Title: if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer or Chief Financial Officer. Address City State Zip Phone Fax Email END OF SECTION 00 61 13 PERFORMANCE BOND BOND NO. Contractor as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 Contract Project name and number: Award Date of the Contract: Contract Price: Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of the Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Performance Bond 5246 New Fire Station No. 18 (Bond 2008) 006113-1 REV 07-03-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 5246 New Fire Station No. 18 (Bond 2008) 006113-2 REV 07-03-2014 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 3rd Floor 1201 Leopard Street Corpus Christi, Texas 78401 Contract Project name and number: Award Date of the Contract: Contract Price: Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form 00 61 16 - 1 5246 New Fire Station No. 18 (Bond 2008) 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 Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16 - 2 5246 New Fire Station No. 18 (Bond 2008) REV. 07-03-2014 00 72 00 GENERAL CONDITIONS Table of Contents Page Article 1— Definitions and Terminology 6 1.01 Defined Terms 6 1.02 Terminology 11 Article 2 — Preliminary Matters 12 2.01 Delivery of Bonds and Evidence of Insurance 12 2.02 Copies of Documents 13 2.03 Before Starting Construction 13 2.04 Preconstruction Conference; Designation of Authorized Representatives 13 Article 3 — Contract Documents: Intent, Requirements, Reuse 13 3.01 Intent 13 3.02 Reference Standards 15 3.03 Reporting and Resolving Discrepancies 15 3.04 Interpretation of the Contract Documents 16 3.05 Reuse of Documents 16 Article 4 — Commencement and Progress of the Work 16 4.01 Commencement of Contract Times; Notice to Proceed 16 4.02 Starting the Work 16 4.03 Progress Schedule 17 4.04 Delays in Contractor's Progress 17 Article 5 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 18 5.01 Availability of Lands 18 5.02 Use of Site and Other Areas 18 5.03 Subsurface and Physical Conditions 19 5.04 Differing Subsurface or Physical Conditions 19 5.05 Underground Facilities 21 5.06 Hazardous Environmental Conditions at Site 22 Article 6 — Bonds and Insurance 24 6.01 Performance, Payment, and Other Bonds 24 6.02 Licensed Sureties 24 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 1 03-23-2015 6.03 Insurance 25 Article 7 — Contractor's Responsibilities 25 7.01 Supervision and Superintendence 25 7.02 Labor; Working Hours 25 7.03 Services, Materials, and Equipment 26 7.04 Concerning Subcontractors, Suppliers, and Others 26 7.05 Patent Fees and Royalties 27 7.06 Permits 28 7.07 Taxes 28 7.08 Laws and Regulations 28 7.09 Safety and Protection 29 7.10 Safety Representative 30 7.11 Hazard Communication Programs 30 7.12 Emergencies 30 7.13 Contractor's General Warranty and Guarantee 30 7.14 Indemnification 31 7.15 Delegation of Professional Design Services 32 Article 8 — Other Work at the Site 33 8.01 Other Work 33 8.02 Coordination 34 8.03 Legal Relationships 34 Article 9 — Owner's and OPT's Responsibilities 35 9.01 Communications to Contractor 35 9.02 Replacement of Owner's Project Team Members 35 9.03 Furnish Data 35 9.04 Pay When Due 35 9.05 Lands and Easements; Reports and Tests 35 9.06 Insurance 35 9.07 Modifications 35 9.08 Inspections, Tests, and Approvals 35 9.09 Limitations on OPT's Responsibilities 35 9.10 Undisclosed Hazardous Environmental Condition 36 9.11 Compliance with Safety Program 36 General Conditions Corpus Christi Standards - Regular Projects 007200-2 03-23-2015 Article 10 — OAR's and Designer's Status During Construction 36 10.01 Owner's Representative 36 10.02 Visits to Site 36 10.03 Resident Project Representatives 36 10.04 Rejecting Defective Work 36 10.05 Shop Drawings, Modifications and Payments 36 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work 37 10.07 Limitations on OAR's and Designer's Authority and Responsibilities 37 Article 11— Amending the Contract Documents; Changes in the Work 37 11.01 Amending and Supplementing the Contract Documents 37 11.02 Owner -Authorized Changes in the Work 38 11.03 Unauthorized Changes in the Work 38 11.04 Change of Contract Price 39 11.05 Change of Contract Times 40 11.06 Change Proposals 40 11.07 Execution of Change Orders 40 11.08 Notice to Surety 41 Article 12 — Claims 42 12.01 Claims 42 12.02 Claims Process 42 Article 13 — Cost of the Work; Allowances; Unit Price Work 43 13.01 Cost of the Work 43 13.02 Allowances 46 13.03 Unit Price Work 46 13.04 Contingencies 47 Article 14 — Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 47 14.01 Access to Work 47 14.02 Tests, Inspections, and Approvals 47 14.03 Defective Work 48 14.04 Acceptance of Defective Work 49 14.05 Uncovering Work 49 14.06 Owner May Stop the Work 49 14.07 Owner May Correct Defective Work 50 General Conditions Corpus Christi Standards - Regular Projects 007200-3 03-23-2015 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 15.01 Progress Payments 15.02 Contractor's Warranty of Title 15.03 Substantial Completion 15.04 Partial Utilization 15.05 Final Inspection 15.06 Final Payment 15.07 Waiver of Claims 15.08 Correction Period Article 16 — Suspension of Work and Termination 16.01 16.02 16.03 Owner May Suspend Work Owner May Terminate for Cause Owner May Terminate For Convenience Article 17 — Final Resolution of Disputes 17.01 Methods and Procedures Article 18 — Miscellaneous 18.01 Computation of Times 18.02 Owner's Right to Audit Contractor's Records 18.03 Independent Contractor 18.04 Cumulative Remedies 18.05 Limitation of Damages 18.06 No Waiver 18.07 Severability 18.08 Survival of Obligations 18.09 No Third Party Beneficiaries 18.10 Assignment of Contract 18.11 No Waiver of Sovereign Immunity 18.12 Controlling Law 18.13 Conditions Precedent to Right to Sue 18.14 Waiver of Trial by Jury 18.15 Attorney Fees 18.16 Compliance with Laws 18.17 Enforcement General Conditions Corpus Christi Standards - Regular Projects 007200-4 03-23-2015 18.18 Subject to Appropriation 60 18.19 Contract Sum 60 18.20 Contractor's Guarantee as Additional Remedy 60 General Conditions Corpus Christi Standards - Regular Projects 007200-5 03-23-2015 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 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 between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date — The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 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 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. 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 Corpus Christi Standards - Regular Projects 007200-6 03-23-2015 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 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. 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"); 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, 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 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 Corpus Christi Standards - Regular Projects 007200-7 03-23-2015 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 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. 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; 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 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 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 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. General Conditions Corpus Christi Standards - Regular Projects 007200-8 03-23-2015 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 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. 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 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 Corpus Christi Standards - Regular Projects 007200-9 03-23-2015 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 portions of the Contract Price to various portions of the Work and used as the basis for 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. 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 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. 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; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 10 03-23-2015 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 provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-11 03-23-2015 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. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Provide required Bonds with the executed Agreement. B. Provide evidence of insurance required by the Contract Documents with the executed Agreement. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 12 03-23-2015 2.02 Copies of Documents 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. 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. C. Owner is to designate the specific individuals authorized to act as representatives of the Owner and the limits of their authority with regard to acting on behalf of the Owner. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. Requirements of components of the Contract Documents are as binding as if required by all Contract Documents. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OPT. 1. The Contract requirements described in the General Conditions, 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: 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 Corpus Christi Standards - Regular Projects 00 72 00 - 13 03-23-2015 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. 4. Standard paragraph titles and other identifications of subject matter in the Specifications are intended to aid in locating and recognizing various requirements of the Specifications. Titles do not define, limit, or otherwise restrict Specification text. 5. Provide the labor, documentation, services, materials, or equipment that may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result, whether specifically called for in the Contract Documents or not. Include these related costs in the offered Contract Price. B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. C. Comply with the most stringent requirements where compliance with two or more standards is specified and they establish different or conflicting requirements for the Work, unless the Contract Documents indicate otherwise. D. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications. E. The Project Record Copy of the Contract Documents governs if there is a discrepancy between the Project Record Copy of the Contract Documents and subsequent electronic or digital versions of the Contract Documents, including printed copies derived from these electronic or digital versions. F. The Contract supersedes all prior written or oral negotiations, representations, and agreements. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only by a Modification. G. Request clarification from OAR for a decision before proceeding if Contractor is not clear on the meaning of the Contract Documents. OAR is to issue clarifications and interpretations of the Contract Documents in accordance with the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 14 03-23-2015 3.02 Reference Standards A. Standard Specifications, Codes, Laws and Regulations: 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of technical societies, organizations, or associations, or to Laws or Regulations, whether specific or implied, are those in effect at the time Contractor's Bid is submitted or when Contractor negotiates the Contract Price unless specifically stated otherwise in the Contract Documents. 2. No provision of referenced standard specifications, manuals, reference standards, codes, or instructions of a Supplier changes the duties or responsibilities of OPT or Contractor from those described in the Contract Documents or assigns a duty to or gives authority to the OPT to supervise or direct the performance of the Work or undertake responsibilities inconsistent with the Contract Documents. 3. The provisions of the Contract Documents take precedence over standard specifications, manuals, reference standards, codes, or instructions of a Supplier unless specifically stated otherwise in the Contract Documents. B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. C. Make copies of reference standards available if requested by OAR. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Carefully study the Drawings and verify pertinent figures and dimensions with respect to actual field measurements before undertaking the Work. Immediately report conflicts, errors, ambiguities, or discrepancies that Contractor discovers or has actual knowledge of to the OAR. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Paragraph 11.01. 2. 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 15 03-23-2015 Contract Documents issued pursuant to Paragraph 11.01, except in an emergency as 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. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. 3.05 Reuse of Documents A. Contractor's Team has no rights to the Contract Documents and may not use the Contract Documents, or copies or electronic media editions of the Contract Documents, other than for the construction of this Project. This provision survives final payment or termination of the Contract. B. Contractor is allowed to retain a copy of the Contract Documents for record purposes, unless specifically prohibited by the Owner for security reasons. Surrender paper and digital copies of the Contract Documents and other related documents and remove these documents from computer equipment or storage devices as a condition of final payment if the Owner so directs. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times commence to run on the date indicated in the Notice to Proceed. 4.02 Starting the Work A. Begin performing the Work on the date indicated in the Notice to Proceed. Do not begin Work prior to having the insurance required in Article 6 in force or before the date indicated in the Notice to Proceed. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 16 03-23-2015 4.03 Progress Schedule A. Construct the Work in accordance with the Progress Schedule established in accordance with the Contract Documents. 1. Adjust the Progress Schedule as required to accurately reflect actual progress on the Work. 2. Submit proposed adjustments in the Progress Schedule that change the Contract Times in accordance with the requirements of Article 11. B. Continue performing Work and adhere to the Progress Schedule during disputes or disagreements with Owner. Do not delay or postpone Work pending resolution of disputes or disagreements, or during an appeal process, 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 delays, disrupts, or interferes with the performance or progress of the Work. The 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 of time provides an equitable adjustment. B. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delays, disruptions, or interference caused by or within the control of Contractor's Team. C. No time extensions are allowed for weather conditions, other than those listed in Paragraph 4.04.D.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. 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; 2. An Underground Facility not shown or not indicated with reasonable accuracy by the Contract Documents; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 17 03-23-2015 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. G. Notify the OAR immediately of a potential delaying, disrupting, or interfering event. Submit a Change Proposal seeking an adjustment in Contract Price or Contract Times within 30 days of the commencement of the delaying, disrupting, or interfering event. H. Contractor is only entitled to an adjustment of the Contract Times for specific delays, disruptions, and interference to the performance or progress of the Work that can be demonstrated to directly impact the ability of the Contractor to complete the Work within the Contract Times. No adjustments in Contract Times are allowed for delays on components of the Work which were or could have been completed without impacting the Contract Times. I. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of the Owner if this delay is concurrent with a delay, disruption, or interference attributable to or within the control of the Contractor's Team. ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner is to furnish the Site and inform the Contractor of encumbrances or restrictions known to Owner related to use of the Site with which Contractor must comply in performing the Work. B. Provide for additional lands and access Contractor requires for temporary construction facilities or storage of materials and equipment, other than those identified in the Contract Documents. Provide documentation of authority to use these additional lands to OAR before using them. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Owner or Contractor has arranged to use through construction easements or agreements, and other adjacent areas as permitted by Laws and Regulations. Assume 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 Corpus Christi Standards - Regular Projects 00 72 00 - 18 03-23-2015 d. Injuries and losses sustained by the owners or occupants of these lands or areas. 2. Take the following action if a damage or injury claim is made by the owner or occupant of adjacent land or area because of the performance of the Work, or because of other actions or conduct of the Contractor's Team: a. Take immediate corrective or remedial action as required by Paragraph 7.09; and b. Attempt to settle the claim through negotiations with the owner or occupant, or otherwise resolve the claim by mediation or other dispute resolution proceeding or at law. 5.03 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to OPT of explorations and tests of subsurface conditions at or adjacent to the Site; 2. Those drawings known to OPT of physical conditions related to existing surface or subsurface structures at the Site, except Underground Facilities; and 3. Technical Data contained in these reports and drawings. B. Data contained in boring logs, recorded measurements of subsurface water levels, and the results of tests performed on materials described in geotechnical data reports specifically prepared for the Project and made available to Contractor are defined as Technical Data, unless Technical Data has been defined more specifically in the Supplementary Conditions. C. Contractor may rely upon the accuracy of the Technical Data contained in these reports and drawings, but these reports and drawings are not Contract Documents. Except for this reliance on Technical Data, Contractor may not rely upon or make claims against Owner'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. 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 Corpus Christi Standards - Regular Projects 00 72 00 - 19 03-23-2015 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 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 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 Corpus Christi Standards - Regular Projects 00 72 00 - 20 03-23-2015 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; 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, 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. 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00-21 03-23-2015 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 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 Corpus Christi Standards - Regular Projects 00 72 00 - 22 03-23-2015 remediation is expressly identified in the Contract Documents to be within the scope of the Work. E. Contractor is responsible for controlling, containing, and duly removing and remediating Constituents of Concern brought to the Site by Contractor's Team and paying associated costs. 1. Owner may remove and remediate the Hazardous Environmental Condition and impose a set-off against payments to Contractor for associated costs if Contractor's Team creates a Hazardous Environmental Condition and Contractor does not take acceptable action to remove and remediate the Hazardous Environmental Condition. 2. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to Hazardous Environmental Conditions are as set forth in Paragraph 7.14. F. Immediately notify the OAR and take the following action if Contractor uncovers or reveals a Hazardous Environmental Condition at the Site or adjacent areas used by the Contractor's Team that was not created by the Contractor's Team: 1. Secure or otherwise isolate this condition; 2. Stop Work in affected areas or connected with the condition, except in an emergency as required by Paragraph 7.12; and 3. Do not resume Work in connection with the Hazardous Environmental Condition or in affected areas until after OPT has obtained required permits and OAR sends notice to the Contractor: a. Specifying that this condition and affected areas are or have been rendered safe for the resumption of Work; or b. Specifying special conditions under which Work may be resumed safely. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 23 03-23-2015 ARTICLE 6 — BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Furnish Performance and Payment Bonds, each in an amount equal to the Contract Price, as security for the faithful performance and payment of Contractor's obligations under the Contract Documents. These Bonds are to remain in effect until 1 year after the date of final payment. Furnish other Bonds as required by the Contract Documents. B. Bonds furnished by the Contractor must meet the requirements of Texas Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable Laws and Regulations. C. Notify OAR immediately if the surety on Bonds furnished by Contractor: 1. Is declared bankrupt, or becomes insolvent; 2. Has its right to do business in Texas terminated; or 3. Ceases to meet the requirements of Paragraph 6.02. Provide a Bond and surety which comply with the requirements of Paragraph 6.02 within 20 days after the event giving rise to this notification. D. Contractor is to use amounts paid by Owner to Contractor under the Contract for the performance of the Contract and to satisfy claims against the Payment Bond. E. Notify the OAR of claims filed against the Payment Bond. Notify the claimant and OAR of undisputed amounts and the basis for challenging disputed amounts when a claimant has satisfied the conditions prescribed by Texas Government Code Chapter 2253. Promptly pay undisputed amount. F. Owner is not liable for payment of costs or expenses of claimants under the Payment Bond. Owner has no obligations to pay, give notice, or take other action to claimants under the Payment Bond. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 24 03-23-2015 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. 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 Corpus Christi Standards - Regular Projects 00 72 00 - 25 03-23-2015 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 15.01.6 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 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 Corpus Christi Standards - Regular Projects 00 72 00 - 26 03-23-2015 days of Owner's notice to replace a Subcontractor, Supplier, or other entity retained by Contractor to perform part of the Work. Do not make the replacement until the change in Contract Price or Contract Times has been accepted by the Owner if Change Proposal is to be submitted. G. Owner's initial acceptance of Subcontractors, Suppliers, or other individuals or entities, or their replacements, does not constitute a waiver of the obligation of the Contractor to complete the Work in accordance with the Contract Documents. H. Maintain a current and complete list of Subcontractors and Suppliers that are to perform or furnish part of the Work. I. Contractor is fully responsible for the acts and omissions of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. J. Contractor is solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. K. Require Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work to communicate with OPT through Contractor. L. Contracts between the Contractor and their Subcontractors or Suppliers may specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents. Contractor is responsible for meeting the requirements of the Contract Documents if they choose to not bind the Subcontractors or Suppliers to applicable terms or conditions of the Contract Documents. 1. All Subcontractors employed on this Project must be required to obtain Workers' Compensation Insurance. 2. Proof of this insurance will be required prior to the start of any Work. M. OPT may furnish information about amounts paid to Contractor for Work provided by Subcontractors or Suppliers to the entity providing the Work. N. Nothing in the Contract Documents: 1. Creates a contractual relationship between members of the OPT and members of the Contractor's Team. 2. Creates an obligation on the part of the Owner to pay or to see to the payment of money due members of the Contractor's Team, except as may be required by Laws and Regulations. 7.05 Patent Fees and Royalties A. Pay license fees, royalties, and costs incident to the use of inventions, designs, processes, products, or devices which are patented or copyrighted by others in the performance of the Work, or to incorporate these inventions, designs, processes, products, or devices which are patented or copyrighted by others in the Work. The Contract Documents identify inventions, 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 Corpus Christi Standards - Regular Projects 00 72 00 - 27 03-23-2015 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. 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 and is usually not subject to any city or state sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Contractor is responsible for including in the Contract Price any applicable sales and use taxes and is responsible for complying with all applicable statutes and rulings of the State Comptroller. Pay sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations. B. The Owner is exempt from the Federal Transportation and Excise Tax. Contractor must comply with all federal regulations governing the exemptions. C. Products incorporated into the Work are exempt from state sales tax according to the provisions of Subchapter H, Chapter 151, of the Texas Tax Code. D. Contractor may not include any amounts for sales, use, or similar taxes for which the Owner is exempt in the Contract Price or any proposed Change Order or Application for Payment. E. Obtain tax exemption certificates or other documentation necessary to establish Owner's exemption from such taxes. 7.08 Laws and Regulations A. Give required notices and comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for monitoring Contractor's compliance with Laws or Regulations except where expressly required by applicable Laws and Regulations. B. Pay costs resulting from actions taken by Contractor that are contrary to Laws or Regulations. Contractor is not responsible for determining that the design aspects of the Work described in the Contract Documents is in accordance with Laws and Regulations. This does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of changes in Laws or Regulations that may affect the cost or time of performance of the Work, including: 1. Changes in Laws or Regulations affecting procurement of permits; and 2. Sales, use, value-added, consumption, and other similar taxes which come into effect after Contractor's Bid is submitted or when Contractor negotiates the Contract Price. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 28 03-23-2015 D. Contractor may submit a Change Proposal or Owner may initiate a Claim within 30 days of this notice if Owner and Contractor are unable to agree on entitlement to or on the amount or extent of adjustments in Contract Price or Contract Times resulting from these changes. 7.09 Safety and Protection A. Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. This responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Take necessary precautions for the safety of persons on the Site or who may be affected by the Work, and provide the necessary protection to prevent damage, injury, or loss to: 1. Work and materials and equipment to be incorporated in the Work, whether stored on or off Site; and 2. Other property at or adjacent to the Site, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. C. Comply with applicable Laws and Regulations relating to the safety and protection of persons or property. Erect and maintain necessary safeguards for safety and protection. Notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site when prosecution of the Work may affect them. Cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 1. Comply with requirements of Underground Facility Damage Prevention and Safety Act, Texas Utilities Code Chapter 251. 2. Comply with all applicable safety rules and regulations of the Federal Occupational Health and Safety Act of 1970 and subsequent amendments (OSHA). D. Remedy damage, injury, or loss to property referred to in Paragraph 7.09.B caused by Contractor's Team. Pay remediation costs unless the damage or loss is: 1. Attributable to the fault of the Contract Documents; 2. Attributable to acts or omissions of OPT; or 3. Not attributable to the actions or failure to act of the Contractor's Team. E. Contractor's duties and responsibilities for safety and protection of persons or the Work or property at or adjacent to the Site continues until Work is completed and resumes whenever Contractor's Team returns to the Site to fulfill warranty or correction obligations or to conduct other tasks. 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 Corpus Christi Standards - Regular Projects 00 72 00 - 29 03-23-2015 7.10 Safety Representative A. Provide a qualified and experienced safety representative at the Site whose duties and responsibilities are the prevention of accidents and maintaining and supervising safety programs. 7.11 Hazard Communication Programs A. Coordinate the exchange of material safety data sheets or other hazard communication information required to be made available or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.12 Emergencies A. Act to prevent threatened damage, injury, or loss in emergencies affecting the safety or protection of persons or the Work or property at or adjacent to the Site. Notify OAR immediately if Contractor believes that significant changes in the Work or variations from the Contract Documents have been caused or are required as a result of this need to act. A Modification is to be issued by OAR if OPT determines that the incident giving rise to the emergency action was not the responsibility of the Contractor and that a change in the Contract Documents is required because of the action taken by Contractor in response to this emergency. 7.13 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that Work is in accordance with the Contract Documents and is not Defective. Owner is entitled to rely on Contractor's warranty and guarantee. Assume and bear responsibility for costs and time delays associated with variations from the requirements of the Contract Documents. B. This Contractor's warranty and guarantee excludes defects or damage caused by improper maintenance or operation, abuse, or modification by OPT; or normal wear and tear under normal usage. C. Contractor's obligation to perform and complete Work in accordance with the Contract Documents is absolute. None of the following constitute an acceptance of Defective Work or a release of Contractor's obligation to perform Work in accordance with the Contract Documents: 1. Observations by OPT; 2. Recommendation by OAR or payment by Owner of progress or final payments; 3. The issuance of a Certificate of Substantial Completion; 4. Use or occupancy of part of the Work by Owner; 5. Review and approval of a Shop Drawing or Sample; 6. Inspections, tests, or approvals by others; or 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 Corpus Christi Standards - Regular Projects 00 72 00 - 30 03-23-2015 correction obligations contained in an assigned contract govern with respect to Contractor's performance obligations to Owner for the Work described in an assigned contract. 7.14 Indemnification A. To THE FULLEST EXTENT PERMITTED BY LAW, 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 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-31 03-23-2015 E. The indemnification obligations of this Paragraph 7.14 do not extend to the liability of Designer arising out of the preparation of the Contract Documents or giving directions or instructions, or failing to give them, to the extent they are obligated to do so if that is the primary cause of the injury or damage. F. Notify the other party within 10 days if Owner or Contractor receives notice of any claim or circumstances that could give rise to an indemnified loss. The notice must include the following: 1. A description of the indemnification event in reasonable detail; 2. The basis on which indemnification may be due; and 3. The anticipated amount of the indemnified loss. This notice does not stop or prevent Owner'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: 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, methods, techniques, sequences, and procedures. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 32 03-23-2015 B. The Contract Documents specify performance and design criteria related to systems, materials, or equipment if professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor. These services or certifications must be provided by the licensed Texas Professional Engineer or Registered Architect who prepares, signs, and seals drawings, calculations, specifications, certifications, Shop Drawings, and other documents. C. OPT is entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by Contractor's design professionals, provided OPT has specified to Contractor the performance and design criteria that these services must satisfy. D. Pursuant to this Paragraph 7.15, Designer's review and approval of design calculations and design drawings is only for the limited purpose of checking for conformance with the performance and design criteria given and the design concepts expressed in the Contract Documents. Designer's review and approval of Shop Drawings and other documents is only for the purpose stated in the Contract Documents. E. Contractor is not responsible for the adequacy of the performance or design criteria specified by OPT. Advise OPT if the performance or design criteria are known or considered likely to be inadequate or otherwise deficient. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. Owner may arrange for other work at or adjacent to the Site which is not part of the Contractor's Work. This other work may be performed by Owner's employees or through other contractors. Utility owners may perform work on their utilities and facilities at or adjacent to the Site. Include costs associated with coordinating with entities performing other work or associated with connecting to this other work in the Contract Price if this other work is shown in the Contract Documents. B. OPT is to notify Contractor of other work prior to starting the work and provide any knowledge they have regarding the start of utility work at or adjacent to the Site to Contractor. C. Provide other contractors: 1. Proper and safe access to the Site; 2. Reasonable opportunity for the introduction and storage of materials and equipment; and 3. Reasonable opportunity to execute their work. D. Provide cutting, fitting, and patching of the Work required to properly connect or integrate with other work. Do not endanger the work of others by cutting, excavating, or otherwise altering the work of others without the consent of OAR and the others whose work will be affected. 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 33 03-23-2015 failure to notify the OAR constitutes an acceptance of this other work as acceptable for integration with Contractor's Work. This acceptance does not apply to latent defects or deficiencies in the work of others. F. Take adequate measures to prevent damages, delays, disruptions, or interference with the work of Owner, other contractors, or utility owners performing other work at or adjacent to the Site. 8.02 Coordination A. Owner has sole authority and responsibility for coordination of this other work unless otherwise provided in the Contract Documents. The Owner is to identify the entity with authority and responsibility for coordination of the activities of the various contractors, the limitations of their authority, and the work to be coordinated prior to the start of other work at or adjacent to the Site. 8.03 Legal Relationships A. Contractor may be entitled to a change in Contract Price or Contract Times if, while performing other work at or adjacent to the Site for Owner, the OPT, 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 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 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, disruptions, or interference occur. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 34 03-23-2015 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. ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 35 03-23-2015 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 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 response to a delegation of professional design services are described in Paragraph 7.15. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 36 03-23-2015 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. 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 A. The Contract Documents may be modified by a Contract Amendment, Change Order, Work Change Directive, or Field Order. 1. Contract Amendment: Owner and Contractor may modify the terms and conditions of the Contract Documents without the recommendation of the Designer using a Contract Amendment. A Contract Amendment may be used for: a. Changes that do not involve: 1) The performance or acceptability of the Work; 2) The design as described in the Drawings, Specifications, or otherwise; or 3) Other engineering, architectural or technical matters. b. Authorizing new phases of the Work and establishing the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work when using phased construction or purchasing Goods and Special Services to be incorporated into the Project. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 37 03-23-2015 2. Change Order: All changes to the Contract Documents that include a change in the Contract Price or the Contract Times for previously authorized Work, or changes to the Work requiring Designer's approval must be made by a Change Order. A Change Order may also be used to establish modifications of the Contract Documents that do not affect the Contract Price or Contract Times. 3. Work Change Directive: A Work Change Directive does not change the Contract Price or the Contract Times, but is evidence that the parties expect that the modifications ordered or documented by a Work Change Directive 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 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 38 03-23-2015 B. Contractor is responsible for costs and time delays associated with variations from the requirements of the Contract Documents unless the variations are specifically approved by Change Order. 11.04 Change of Contract Price A. The Contract Price 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 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; 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 39 03-23-2015 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. 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 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. 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; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 40 03-23-2015 2. Changes in Contract Price resulting from Owner set -offs unless the set-off has been successfully challenged by Contractor; 3. Changes in the Work which are: a. Ordered by Owner pursuant to Paragraph 11.02.A, b. Required because Defective Work was accepted under Paragraph 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-41 03-23-2015 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; 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 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. 12.02 Claims Process A. Claims must be initiated by written notice. B. Claims by Contractor must be in writing and delivered to the Owner, Designer, and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. C. Claims by Owner must be submitted by written notice to Contractor. D. The responsibility to substantiate a Claim rests with the entity making the Claim. E. 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 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. F. 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. G. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 42 03-23-2015 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 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. H. 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. I. 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. J. 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. ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 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 only the following items: 1. Payroll costs for Contractor's employees performing the Work, including one foreman per crew, and other required and agreed upon personnel for the time they are employed on the Work. Employees are to be paid according to wage rates for job classifications as agreed to by Owner. Where the Cost of the Work is being used under provisions of Paragraph 13.01.A.2, rates paid for this Work are to be the same as paid for Contract Work as established by certified payroll. Payroll costs may include: a. Actual costs paid for salaries and wages; b. Actual cost paid for fringe benefits, which may include: 1) Social security contributions, General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 43 03-23-2015 2) Unemployment, 3) Excise and payroll taxes, 4) Workers' compensation, 5) Health and retirement benefits, 6) Bonuses, and 7) Paid time off for sick leave, vacations, and holidays; and c. Actual cost of additional compensation paid for performing Work outside of regular working hours, on 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 discounts, rebates, refunds, and returns from sale of surplus materials and equipment and reduce the Cost of the Work by these amounts. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. Obtain competitive bids from Subcontractors acceptable to Owner unless Owner agrees to use Subcontractors proposed by the Contractor. Bids are to be opened in the presence of the OAR and other designated members for the OPT. Provide copies of bids to the OAR to use in determining, with the OPT, which bids are acceptable. The Subcontractor's Cost of the Work and fee are determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 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; 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; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 44 03-23-2015 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; 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 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 by Contractor, whether at the Site or in Contractor's principal or branch office, for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.C.1 or specifically 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, disposal of materials or equipment that do not comply with Specifications, and correcting damage to property. 5. Losses, damages, and related expenses caused by damage to the Work or sustained by Contractor in connection with the performance of the Work. Contractor is entitled to recover costs if covered by insurance provided in accordance with Article 6. Such losses may include settlements made with the approval of Owner. Do not include these losses, damages, and expenses in the Cost of the Work when determining Contractor's fee. 6. Any Indemnified Cost paid with regard to Contractor's indemnification of Owner's Indemnitees. 7. Other overhead or general expense costs and the costs of items not described in Paragraphs 13.01.C. E. The Contractor's fee is determined as follows: 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 45 03-23-2015 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 A. Include allowances specified in the Contract Documents in the Contract Price and provide Work covered by the allowance as authorized by the Owner through the OAR. B. Contractor agrees that: 1. The cash allowance is used to compensate the Contractor for the cost of furnishing materials and equipment for the Work covered by the allowance item in the Contract Documents. Cost may include applicable taxes. Make provisions for trade discounts, rebates, and refunds and reduce the allowance costs by these amounts. 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances; and 3. Costs for cash allowances and installation costs as described in Paragraphs 13.02.6.1 and 13.02.6.2 above are included in the Contract Price. C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by Contractor for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by Contractor for Work covered by the allowance and this Work is included on the Application for Payment. 13.03 Unit Price Work A. The initial Contract Price for Unit Price Work is equal to the sum of the unit price line items in the Agreement. Each unit price line item amount is equal to the product of the unit price for each line item times the estimated quantity of each item as indicated in the 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 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; 2. There is no corresponding adjustment with respect to other items of Work; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 46 03-23-2015 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. 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: 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. 3. Inefficiencies in completing the Work due to the Contractor's selected means, methods, sequences, or procedures of construction. 4. Work Contractor failed to include in the Contract Price. 5. Changes required by changes in Laws and Regulations enacted after the Contract Price is established. 6. Any Work that does not constitute a change in Scope in the Work included in the Contract Price. C. OAR is to issue a Change Order for approved expenditures from contingency funds. When the Change Order is issued, the costs are to be added to the Application for Payment. Contractor is to maintain a tabulation showing the contingency amount, adjustments to the contingency amount, and amounts remaining as the Project progresses. D. Any contingency amounts that are not included in a Change Order are retained by the Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 47 03-23-2015 with entities providing inspection or testing as determined by the OAR. Cooperate with inspection and testing personnel and assist with providing access for required inspections, tests, and handling test specimens or Samples. B. Arrange for and facilitate inspections, tests, and approvals required by Laws or Regulations of governmental entities having jurisdiction that require Work to be inspected, tested, or approved by an employee or other representative of that entity. Pay associated costs and furnish OAR with the required certificates of inspection or approval. C. Arrange, obtain, and pay for inspections and tests required: 1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to OPT; 2. To attain OPT's acceptance of materials or equipment to be incorporated in the Work; 3. By manufacturers of equipment furnished under the Contract Documents; 4. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; 5. For acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work; 6. For re -inspecting or retesting Defective Work, including any associated costs incurred by the testing laboratory for cancelled tests or standby time; and 7. For retesting due to failed tests. D. Provide independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to OPT to provide these inspections and tests. 14.03 Defective Work 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, including: 1. Costs for correction, removal, and replacement of Defective Work; 2. Cost of the inspection and testing related to correction of Defective Work; 3. Fines levied against Owner by governmental authorities because of Defective Work; and 4. Costs of repair or replacement of work of others resulting from Defective Work. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 48 03-23-2015 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. 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. 14.05 Uncovering Work A. OPT has the authority to require inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. Work that is covered prior to approval of the OAR must be uncovered for OPT's observation if requested by OAR. Pay for uncovering Work and its subsequent restoration unless Contractor has given OAR timely notice of Contractor's intention to cover the Work and OAR fails to act with reasonable promptness in response to this notice. C. Provide necessary labor, material, and equipment and uncover, expose, or otherwise make available the portion of the Work suspected of being Defective for observation, inspection, or testing if OPT considers it necessary or advisable that covered Work be observed by Designer or inspected or tested by others as directed by the OAR. 1. Pay for claims, costs, losses, and damages associated with uncovering, exposing, observing, inspecting, and testing if it is found that the uncovered Work is Defective. Pay costs for correction of Defective Work. Pay for reconstruction, repair, or replacement of work of others 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 49 03-23-2015 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; 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. 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 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 50 03-23-2015 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 2) Contractor's failure to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site, including but not limited to, workplace injuries, property damage, and non-compliance with Laws and Regulations. b. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; c. Work is Defective, or completed Work has been damaged by Contractor's Team, requiring correction or replacement; d. Owner has been required to correct Defective Work or complete Work in accordance with Paragraph 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; Liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or completion of the Work; h. Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of these Liens; g. i. Owner has been notified of failure to make payments to Subcontractors, Suppliers, or Employees; 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; j• General Conditions Corpus Christi Standards - Regular Projects 00 72 00-51 03-23-2015 o. Costs for tests performed by the Owner to verify that Work previously tested and found to be Defective has been corrected; OPT has actual knowledge of the occurrence of events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents with associated cost impacts; p. q• Other items entitling Owner to a set-off against the amount recommended; or 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. C. Delayed Payments: 1. No money shall be paid by Owner upon any claim, debt, demand, or account whatsoever, to any person, firm, or corporation who is in arrears to Owner for taxes; and Owner shall be entitled to counterclaim and automatically offset against any such debt, claim, demand, or account in the amount of taxes so in arrears and no assignment or transfer of such debt, claim, demand, or account after said taxes are due, shall affect the right of Owner to offset said taxes, and associated penalties and interest if applicable, against the same. 2. No payment will be made for Work authorized by a Work Change Directive until the Work Change Directive is incorporated into a Change Order. Payment can be included in an Application for payment when the Change Order is approved. D. The Owner is to pay the amount of payment recommended by the OAR within 30 days after receipt of the Application for Payment and accompanying documentation from the OAR. 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 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 52 03-23-2015 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 separately functioning and usable part of the Work prior to Substantial Completion of the Work. Owner must be able to use that part of the Work for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. Contractor and OPT are to follow the procedures of Paragraph 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. 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 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 53 03-23-2015 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. 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 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 15.08.6 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 54 03-23-2015 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. 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. 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; 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 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 55 03-23-2015 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, and the fees and charges of engineers, architects, attorneys, and other professionals retained by Owner. Pay the difference to Owner if the cost to complete the Work including related claims, costs, losses, and damages exceeds the unpaid balance of the Contract Price. 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. 16.03 Owner May Terminate For Convenience A. Owner may terminate the Contract without cause after giving 7 days' notice to Contractor of the effective date of termination. Contractor is to be paid for the following if Owner terminates for convenience: 1. Work completed in accordance with the Contract Documents prior to the effective date of termination; 2. Actual costs sustained prior to the effective date of termination for Work in progress, plus a fee calculated in accordance with Paragraph 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 56 03-23-2015 ARTICLE 17 — FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. The Owner or Contractor may appeal a Claim, approved or denied in part or in full, by: 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 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 Owner's Right to Audit Contractor's Records A. By execution of the Contract, Contractor grants Owner the right to audit, examine, inspect and/or copy, at Owner's election at all reasonable times during the term of this Contract and for a period of four (4) years following the completion or termination of the Work, all of Contractor's written and electronically stored records and billings relating to the performance of the Work under the Contract Documents. The audit, examination or inspection may be performed by an Owner designee, which may include its internal auditors or an outside representative engaged by Owner. Contractor agrees to retain its records for a minimum of four (4) years following termination of the Contract, unless there is an ongoing dispute under the Contract, then, such retention period must extend until final resolution of the dispute. As used in these General Conditions, "Contractor written and electronically stored records" include any and all information, materials and data of every kind and character generated as a result of the work under this Contract. Example of Contractor written and electronically stores records include, but are not limited to: accounting data and reports, billings, books, general ledgers, cost ledgers, invoices, production sheets, documents, correspondences, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, Subcontractor agreements, Supplier agreements, rental equipment proposals, federal and state tax filings for any issue in question, along with any and all other agreements, sources of information and matters that may, in Owner's sole judgment, General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 57 03-23-2015 have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. B. Owner agrees to exercise the right to audit, examine or inspect Contractor's records only during regular business hours. Contractor agrees to allow Owner and/or Owner's designee access to all of the Contractor's Records, Contractor's facilities and current or former employees of Contractor, deemed necessary by Owner or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary for Owner or its designees to conduct such audits, inspections or examinations. C. Contractor must include this Section in any Subcontractor, supplier or vendor contract. 18.03 Independent Contractor A. Contractor is to perform its duties under this Contract as an independent contractor. The Contractor's Team and their personnel are not considered to be employees or agents of the Owner. Nothing in this Contract is to be interpreted as granting Contractor's Team the right or authority to make commitments for the Owner. This Contract does not constitute or create a joint venture, partnership, or formal business organization of any kind. 18.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available to the Owner or Contractor by these General Conditions are in addition to, and are not a limitation of, the rights and remedies which are otherwise imposed or available by: 1. Laws or Regulations; 2. Special warranties or guarantees; or 3. Other provisions of the Contract Documents. B. The provisions of this Paragraph 18.03 are as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.05 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. 18.06 No Waiver A. The failure of Owner or Contractor to enforce any provision of this Contract does not constitute a waiver of that provision, affect the enforceability of that provision, or the enforceability of the remainder of this Contract. 18.07 Severability A. If a court of competent jurisdiction renders a part of this Contract invalid or unenforceable, that part is to be severed and the remainder of this Contract continues in full force. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 58 03-23-2015 18.08 Survival of Obligations A. Representations, indemnifications, warranties, guarantees, and continuing obligations required by the Contract Documents survive completion and acceptance of the Work or termination of the Contract. 18.09 No Third Party Beneficiaries A. Nothing in this Contract can be construed to create rights in any entity other than the Owner and Contractor. Neither the Owner nor Contractor intends to create third party beneficiaries by entering into this Contract. 18.10 Assignment of Contract A. This Contract may not be assigned in whole or in part by the Contractor without the consent of the Owner. 18.11 No Waiver of Sovereign Immunity A. The Owner has not waived its sovereign immunity by entering into and performing its obligations under this Contract. 18.12 Controlling Law A. This Contract is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 18.13 Conditions Precedent to Right to Sue A. Notwithstanding anything herein to the contrary, Contractor will have at least 90 days to give notice of a claim for damages as a condition precedent to the right to sue on the Contract, subject to the contractual Claims and Alternative Dispute Resolution processes set forth herein. 18.14 Waiver of Trial by Jury A. Owner and Contractor agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Contract, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 18.15 Attorney Fees A. The Parties expressly agree that, in the event of litigation, all parties waive rights to payment of attorneys' fees that otherwise might be recoverable, pursuant to the Texas Civil Practice and Remedies Code Chapter 38, Texas Local Government Code §271.153, the Prompt Payment Act, common law or any other provision for payment of attorney's fees. 18.16 Compliance with Laws A. Comply with the Americans with Disabilities Act of 1990 as amended (ADA) and Texas Architectural Barriers Act and all regulations relating to either statute. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 59 03-23-2015 B. Comply with all applicable federal, state, and city laws, rules and regulations. 18.17 Enforcement A. The City Manager or designee and the City Attorney or designee, are fully authorized and will have the right to enforce all legal rights and obligations under the Contract without further authorization from City Council. 18.18 Subject to Appropriation A. Funds are appropriated by the Owner on a yearly basis. If for any reason funds are not appropriated in any given year, the Owner may direct immediate suspension or termination of the Contract, with no additional liability to the Owner. If the Contractor is terminated or suspended and the Owner requests remobilization at a later date, the Contractor may request payment for reasonable demobilization/remobilization costs. Such costs shall be addressed through a Change Order to the Contract. Under no circumstances may a provision or obligation under this Contract be interpreted as contrary to this paragraph. 18.19 Contract Sum A. The Contract Sum is stated in the Contract and, including authorized adjustments, is the total maximum not -to -exceed amount payable by Owner to Contractor for performance of the Work under the Contract Documents. Contractor accepts and agrees that all payments pursuant to this Contract are subject to the availability and appropriation of funds by the Corpus Christi City Council. If funds are not available and/or appropriated, this Contract shall immediately be terminated with no liability to any party to this Contract. 18.20 Contractor's Guarantee as Additional Remedy A. The Contractor's guarantee is a separate and additional remedy available to benefit the Owner. Neither the guarantee nor the expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the Owner for any claims or causes of action against the Contractor or any other individual or entity. END OF SECTION General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 60 03-23-2015 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 Commercial General Liability including 1. Commercial Form 2. Premises — Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products / Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal & Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate 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 Required if Contract Price > $5,000,000 $1,000,000 Per Occurrence Contractor's Pollution Liability / Environmental Impairment Coverage Not limited to sudden and accidental discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation > 3 ft $1,000,000 Per Claim X Required • Not Required Builder's Risk (All Perils including Collapse) Required for vertical structures and bridges Equal to Full Replacement Cost of Structure and Contents X Required • Not Required Installation Floater Required if installing city -owned equipment Equal to Contract Price ■ Required X Not Required Insurance Requirements 5246 New Fire Station No. 18 (Bond 2008) 007201-1 Rev 07-06-2016 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 endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 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. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to Insurance Requirements 00 72 01- 2 5246 New Fire Station No. 18 (Bond 2008) Rev 07-06-2016 meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this 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. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or "All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; Insurance Requirements 00 72 01- 3 5246 New Fire Station No. 18 (Bond 2008) Rev 07-06-2016 f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, 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. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first -dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owners Indemnitees as defined in Article 1 of the General Conditions; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third -party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The Insurance Requirements 00 72 01- 4 5246 New Fire Station No. 18 (Bond 2008) Rev 07-06-2016 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this 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 resulting from the Contractor's performance of the Work and Contractor's other 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 rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 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 explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by Insurance Requirements 00 72 01- 5 5246 New Fire Station No. 18 (Bond 2008) Rev 07-06-2016 endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner -furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work 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 providing their own insurance. 1.05 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. 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 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 Insurance Requirements 00 72 01- 6 5246 New Fire Station No. 18 (Bond 2008) Rev 07-06-2016 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. 1.06 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 limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. 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: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of "Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 00 72 01- 7 5246 New Fire Station No. 18 (Bond 2008) Rev 07-06-2016 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. 2.03 INSURANCE POLICIES A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out (redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 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. 2.05 NOTICES REGARDING INSURANCE A. 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. ARTICLE 3—TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 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 coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project - includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted Insurance Requirements 00 72 01- 8 5246 New Fire Station No. 18 (Bond 2008) Rev 07-06-2016 directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; Insurance Requirements 00 72 01- 9 5246 New Fire Station No. 18 (Bond 2008) Rev 07-06-2016 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 00 72 01- 10 5246 New Fire Station No. 18 (Bond 2008) Rev 07-06-2016 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. B. Contractor is required to pay Davis -Bacon Wage Rates. 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 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. Davis -Bacon Wage Rates can be found at http://www.wdol.gov/dba.aspx. Use the Wage Rates for Nueces County. Select the WD Determination that is appropriate for the Project. Wage Rate Requirements 5246 New Fire Station No. 18 (Bond 2008) 007202-1 07-22-2015 The minimum rates for various labor classifications as established by the Owner are shown below: 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 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 Wage Rate Requirements 5246 New Fire Station No. 18 (Bond 2008) 007202-2 07-22-2015 General Decision Number: TX160342 01/08/2016 TX342 Superseded General Decision Number: TX20150342 State: Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis -Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 BOI L0074-003 01/01/2014 Wage Rate Requirements 5246 New Fire Station No. 18 (Bond 2008) 007202-3 07-22-2015 Rates Fringes BOILERMAKER $ 23.14 21.55 ELECO278-002 08/30/2015 Rates Fringes ELECTRICIAN $ 25.00 7.70 ENGI0178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane $ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under $ 27.50 10.60 * IRON0084-011 06/01/2015 Rates Fringes IRONWORKER, ORNAMENTAL $ 23.02 6.35 SUTX2014-068 07/21/2014 Rates Fringes Wage Rate Requirements 5246 New Fire Station No. 18 (Bond 2008) 007202-4 07-22-2015 BRICKLAYER $ 20.04 0.00 CARPENTER $ 15.21 0.00 CEMENT MASON/CONCRETE FINISHER...$ 15.33 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) $ 19.77 7.13 IRONWORKER, REINFORCING $ 12.27 0.00 IRONWORKER, STRUCTURAL $ 22.16 5.26 LABORER: Common or General $ 9.68 0.00 LABORER: Mason Tender - Brick...$ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete $ 10.58 0.00 LABORER: Pipelayer $ 12.49 2.13 LABORER: Roof Tearoff $ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 13.93 0.00 OPERATOR: Bulldozer $ 18.29 1.31 Wage Rate Requirements 5246 New Fire Station No. 18 (Bond 2008) 007202-5 07-22-2015 OPERATOR: Drill $ 16.22 0.34 OPERATOR: Forklift $ 14.83 0.00 OPERATOR: Grader/Blade $ 13.37 0.00 OPERATOR: Loader $ 13.55 0.94 OPERATOR: Mechanic $ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.03 0.00 OPERATOR: Roller $ 12.70 0.00 PAINTER (Brush, Roller, and Spray) $ 14.45 0.00 PIPEFITTER $ 25.80 8.55 PLUMBER $ 25.64 8.16 ROOFER $ 13.75 0.00 SHEET METAL WORKER (HVAC Duct Installation Only) $ 22.73 7.52 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 21.13 6.53 TILE FINISHER $ 11.22 0.00 TILE SETTER $ 14.74 0.00 Wage Rate Requirements 00 72 02 - 6 5246 New Fire Station No. 18 (Bond 2008) 07-22-2015 TRUCK DRIVER: Dump Truck $ 12.39 1.18 TRUCK DRIVER: Flatbed Truck $ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck $ 12.50 0.00 TRUCK DRIVER: Water Truck $ 12.00 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate Wage Rate Requirements 5246 New Fire Station No. 18 (Bond 2008) 007202-7 07-22-2015 (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates Wage Rate Requirements 5246 New Fire Station No. 18 (Bond 2008) 007202-8 07-22-2015 the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can Wage Rate Requirements 5246 New Fire Station No. 18 (Bond 2008) 007202-9 07-22-2015 be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor Wage Rate Requirements 5246 New Fire Station No. 18 (Bond 2008) 00 72 02-10 07-22-2015 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Wage Rate Requirements 5246 New Fire Station No. 18 (Bond 2008) 00 72 02-11 07-22-2015 00 72 03 MINORITY / MBE / DBE PARTICIPATION POLICY ARTICLE 1— PARTICIPATION POLICY 1.01 POLICY A. It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women, and Minority Business Enterprises (MBE) to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 1.02 DEFINITIONS A. Prime Contractor: Any person, firm, partnership, corporation, association, or joint venture as herein provided which has been awarded a City contract. B. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials, or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned: a. For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. b. For an enterprise doing business as a partnership, at least 51 percent of the assets or interest in the partnership property must be owned by one or more minority person(s). c. For an enterprise doing business as a corporation, at least 51 percent of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled: a. The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments: a. Minority partners, proprietors, or stockholders of the business enterprise, must be entitled to receive 51 percent or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. Minority / MBE / DBE Participation Policy 5246 New Fire Station No. 18 (Bond 2008) 007203-1 11-25-2013 D. Minority: Minority persons include Blacks, Mexican -Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this policy, women are also considered as minorities. E. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51 percent of whose assets or partnership interests are owned by one or more women, or a corporation at least 51 percent of whose assets or interests in the corporate shares are owned by one or more women. F. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the Work to be performed by the joint venture. For example, a joint venture which is to perform 50 percent of the Work itself and in which a minority joint venture partner has a 50 percent interest, shall be deemed equivalent to having minority participation in 25 percent of the Work. Minority members of the joint venture must have financial, managerial, or technical skills in the Work to be performed by the joint venture. 1.03 GOALS A. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction Work for the Contract award shall be B. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved Change Orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 1.04 COMPLIANCE A. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. B. Make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. END OF SECTION Minority / MBE / DBE Participation Policy 5246 New Fire Station No. 18 (Bond 2008) 007203-2 11-25-2013 00 73 00CM SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1— DEFINITIONS AND TERMINOLOGY SC -1.01 DEFINED TERMS A. Delete Paragraph 1.01.A.8. entirely and insert the following: "8. Bidder — An individual or entity that submits a Bid to the Construction Manager at Risk. B. Delete Paragraph 1.01.A.10. entirely and insert the following: "10. Bid Security—The financial security in the form of a bid bond, cashier's check, certified check, money order or bank draft from any state or national bank provided by Bidder at the time the Bid is submitted and held by the Construction Manager at Risk until the subcontractor agreement is executed. C. Add the following sentence to the end of Paragraph 1.01.A.22: "In a Construction Manager at Risk Contract, the term Contractor includes the Construction Manager at Risk, also known as, the General Contractor." D. Delete Paragraph 1.01.A.49. entirely and insert the following: "49. Selected Bidder—The Bidder to which the Construction Manager at Risk intends to award the subcontractor agreement." E. Add the following term as Paragraph 1.01.A.62: ARTICLE 2 — PRELIMINARY MATTERS SC -2.03 BEFORE STARTING CONSTRUCTION A. Insert the following after Paragraph 2.03.A.3.: "3. Schedule of Values and projected cash flow information. The schedule of values shall be organized by subcontractor with each item of Work to be performed by that subcontractor broken out under the subcontractor's name and shall be subdivided in sufficient detail to serve as the basis for progress payment during construction. At a minimum, each trade shall be split between materials and labor. Prices will include an appropriate amount of overhead and profit applicable to each item of Work. " Supplementary Conditions 5246 New Fire Station No. 18 (Bond 2008) 00 73 00CM - 1 07/16 ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK SC -4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 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 A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner." SC -5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. Delete Paragraph 5.06 entirely and insert the following: Supplementary Conditions 5246 New Fire Station No. 18 (Bond 2008) 00 73 00CM - 2 07/16 "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." ARTICLE 6 — BONDS AND INSURANCE SC -6.01 PERFORMANCE, PAYMENT AND OTHER BONDS A. Delete Paragraph 6.01.A. entirely and insert the following: "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 Construction Manager at Risk 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." END OF SECTION Supplementary Conditions 5246 New Fire Station No. 18 (Bond 2008) 00 73 00CM - 3 07/16 01 29 00 APPLICATION FOR PAYMENT PROCEDURES 1.00 GENERAL 1.01 WORK INCLUDED A. Submit Applications for Payment for completed Work and for materials and equipment in accordance with the General Conditions, the Supplementary Conditions, the Agreement, and this Section. The Contract Price is to include costs for: 1. Providing the Work in accordance with the Contract Documents; 2. Installing Owner furnished equipment and materials; 3. Providing Work for Alternates and Allowances; 4. Commissioning, start-up, training and initial maintenance and operation; 5. Acceptance testing in manufacturer's facilities or on Site; 6. All home office overhead costs and expenses, including profit made directly or indirectly for the Project; 7. Project management, Contract administration, field office, and field operations staff, including supervision, clerical support, and technology system support; 8. Professional services including design fees, legal fees, and other professional services; 9. Bonds and insurance; 10. Permits, licenses, patent fees, and royalties; 11. Taxes; 12. Providing all documents and Samples required by the Contract Documents; 13. Facilities and equipment at the Site including: a. Field offices, office furnishings, and all related office supplies, software, and equipment, b. Storage facilities for Contractor's use, storage facilities for stored materials and equipment, including spare parts storage, c. Shops, physical plant, construction equipment, small tools, vehicles, technology and telecommunications equipment, d. Safety equipment and facilities to provide safe access and working conditions for workers and for others working at the Site, e. Temporary facilities for power and communications, f. Potable water and sanitation facilities, and g. Mobilization and demobilization for all of these facilities and equipment; 14. Products, materials, and equipment stored at the Site or other suitable location; 15. Products, materials, and equipment permanently incorporated into the Project; Application for Payment Procedures 5246 New Fire Station No. 18 (Bond 2008) 012900-1 03-11-2015 16. Temporary facilities for managing water, including facilities for pumping, storage, and treatment as required for construction and protection of the environment; 17. Temporary facilities for managing environment conditions and Constituents of Concern; 18. Temporary facilities such as sheeting, shoring, bracing, formwork, embankments, storage facilities, working areas, and other facilities required for construction of the Project; 19. Temporary and permanent facilities for protection of all overhead, surface, or underground structures or features; 20. Temporary and permanent facilities for removal, relocation, or replacement of any overhead, surface, or underground structures or features; 21. Products, materials, and equipment consumed during the construction of the Project; 22. Contractor labor and supervision to complete the Project, including that provided through Subcontractors or Suppliers; 23. Correcting Defective Work during the Contract Times, during the Correction Period, or as required to meet any warranty provision of the Contract Documents; 24. Risk associated with weather and environmental conditions, start-up, and initial operation of facilities including equipment, processes, and systems; 25. Contractor's safety programs, including management, administration, and training; 26. Maintenance of facilities, including equipment, processes, and systems until operation is transferred to Owner; 27. Providing warranties, extended or special warranties, or extended service agreements; 28. Cleanup and disposal of any and all surplus materials; and 29. Demobilization of all physical, temporary facilities not incorporated into the Project. B. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price. C. Provide written approval of the surety company providing Bonds for the Schedule of Values, Application for Payment form, and method of payment prior to submitting the first Application for Payment. Submit approval using the Consent of Surety Company to Payment Procedures form provided. Payment will not be made without this approval. D. City may withhold processing Applications for Payment if any of the following processes or documentation are not up to date: 1. Progress Schedule per SECTION 01 33 04 CONSTRUCTION PROGRESS SCHEDULE. 2. Project photographs per SECTION 01 33 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION. 3. Record Documents per SECTION 01 31 13 PROJECT COORDINATION. 4. Documentation required to comply with Owner's Minority / MBE / DBE Participation Policy. Application for Payment Procedures 5246 New Fire Station No. 18 (Bond 2008) 012900-2 03-11-2015 1.02 SCHEDULE OF VALUES A. Submit a detailed Schedule of Values for the Work at least 10 days prior to submitting the first Application for Payment. B. Submit the Schedule of Values in the form for Attachment A - Tabulation of Earned Value of Original Contract Performed. C. Do not submit an Application for Payment until the Schedule of Values has been approved by the City. D. Divide lump sum line items, including Subcontractor and Supplier amounts in the Schedule of Values into smaller components to allow more accurate determination of the earned value for each item. 1. Provide adequate detail to allow a more accurate determination of the earned value expressed as a percentage of Work completed for each item. 2. Line items may not exceed $50,000.00, unless they are for products, materials, or equipment permanently incorporated into the Project that cannot be subdivided into units or subassemblies. 3. Lump sum items may be divided into an estimated number of units to determine earned value. a. The estimated number of units times the cost per unit must equal the lump sum amount for that line item. b. Contractor will receive payment for the lump sum for the line item, regardless of the number of units installed, unless an adjustment is made by Change Order. 4. Include Contractor's overhead and profit in each line item in proportion to the value of the line item to the Contract Price. 5. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price for each item. 6. These line items may be used to establish the value of Work to be added or deleted from the Project. 7. The sum of all values listed in the schedule must equal the total Contract Price. E. Subdivide each line item in the Schedule of Values into two payment components. The first component is the direct cost for products, materials, and equipment permanently incorporated into the Project. The second component is all other cost associated with the item in the Agreement. The sum of the two components must equal the value of the line item in the Schedule of Values. F. Where a percentage of the line value is allowed for a specified stage of completion, show the value for each stage of completion as a component of that line item cost. 1.03 SCHEDULE OF ANTICIPATED PAYMENTS AND EARNED VALUE A. Submit a schedule of the anticipated Application for Payments showing the application numbers, submission dates, and the anticipated amount to be requested. Incorporate retainage into the development of this schedule of anticipated payments. Application for Payment Procedures 5246 New Fire Station No. 18 (Bond 2008) 012900-3 03-11-2015 B. Submit a tabulation of the anticipated Total Earned Value of Fees, Work, and Materials to create a graphic (curve) representation of the anticipated progress on the Project each month. Adjust this table and curve to incorporate Modifications. Use this curve to compare actual progress on the Project each month by comparing the anticipated cumulative Total Earned Value of Fees, Work, and Materials to the actual Total Earned Value of Fees, Work, and Materials each month. Use the comparison of values to determine performance on budget and schedule. C. Update the Schedule of Payments as necessary to provide a reasonably accurate indication of the funds required to make payments each month to the Contractor for Work performed. 1.04 BASIS FOR PAYMENTS A. Lump Sum Contracts: 1 Payment will be made for the earned value of Work completed during the payment period expressed as a percentage of Work completed for each line item during the payment period per the Contract Documents. 2. Payment amount is the value of Work completed per the Contract Documents multiplied by the percentage of Work completed. 3. Payment for lump sum items divided into an estimated number of units to determine earned value per Paragraph 1.02.E.3 will be made for the measured number of units. 4. Payment for stored materials and equipment will be made per Paragraph 1.05. B. Unit Price Contracts: 1. Payment will be made for the actual quantity of Work completed during the payment period and for materials and equipment stored during the payment period per the Contract Documents. a. Payment amount is the Work quantity measured per the Contract Documents multiplied by the unit prices for that line item in the Agreement. b. Payment for stored materials and equipment will be made per Paragraph 1.05. 2. Measure the Work described in the Agreement for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. 1.05 PAYMENT FOR STORED MATERIALS AND EQUIPMENT. A. Store materials and equipment properly at the Site. 1. Payment will be made for the invoice amount less the specified retainage. 2. Payment for materials and equipment show in the Application for Payment on Attachment A or Attachment B - Tabulation of Work on Approved Contract Modifications will be made for the invoice amount, up to the value show in the Application for Payment Procedures 5246 New Fire Station No. 18 (Bond 2008) 012900-4 03-11-2015 Schedule of Values for that line item. Costs for material and equipment in excess of the value shown in the Schedule of Values may not be added to other line items. 3. Payment will be made in full for the value shown in the line item for products and materials if invoices for materials and equipment are less than the amount shown in the line item and it can be demonstrated that no additional materials or equipment are required to complete Work described in that item. 4. Provide invoices at the time materials are included on Attachment D - Tabulation of Values for Materials and Equipment. Include invoice numbers on Attachment D so that a comparison can be made between invoices and amounts included on Attachment D. B. Provide a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of Liens. Provide documentation of payment for materials and equipment with the next Application for Payment. Adjust payment to the amount actually paid if this differs from the invoice amount. Remove items from the tabulation of materials and equipment if this documentation is not provided. Payment will not be made for material and equipment without documentation of payment. C. Contractors can be paid for non-perishable materials on hand stored at the site, provided that invoices are furnished to the City for verification of the material value; and provide documents, satisfactory to the City, that show that the material supplier has been paid for the materials delivered to the work site. D. Provide evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest. E. The Work covered by progress payments becomes the property of the Owner at the time of payment. The Contractor's obligations with regard to proper care and maintenance, insurance, and other requirements are not changed by this transfer of ownership until accepted in accordance with the General Conditions. F. Payment for materials and equipment does not constitute acceptance of the product. 1.06 RETAINAGE AND SET -OFFS A. Retainage will be withheld from each Application for Payment per the Agreement. Retainage will be released per the General Conditions. B. Reduce payments for set -offs per the General Conditions. Include Attachment C — Tabulation of Set -Offs in the Application for Payment. 1.07 PROCEDURES FOR SUBMITTING AN APPLICATION FOR PAYMENT A. Submit a draft Application for Payment to the OAR each month at least 20 days before the date established in the Agreement for Owner to make progress payments. Do not submit Applications for Payment more often than monthly. Review the draft Application for Payment with the OAR to determine concurrence with: 1. The earned value for each lump sum item including the value of properly stored and documented materials and equipment for each item in the original Contract. 2. The quantity of Work completed for each unit price item. Application for Payment Procedures 5246 New Fire Station No. 18 (Bond 2008) 012900-5 03-11-2015 3. Set -offs included in the Application for Payment. 4. Values requested for materials and equipment consistent with invoices for materials and equipment. B. Submit Applications for Payment monthly through the OAR after agreement has been reached on the draft Application for Payment. 1. Number each application sequentially and include the dates for the application period. 2. Show the total amounts for earned value of original Contract performed, earned value for Work on approved Contract Amendments and Change Orders, retainage, and set- offs. Show total amounts that correspond to totals indicated on the attached tabulation for each. 3. Include Attachment A to show the earned value on each line item in the Schedule of Values for Work shown in the original Contract. 4. Include Attachment B to show the earned value on line item for approved Change Orders. Add items to Attachment B as Change Orders are approved. Change Orders must be approved before payment can be made on Change Order items. 5. Include Attachment C to document set -offs required per the Contract Documents. Show each set-off as it is applied. Show a corresponding line item to reduce the Set off amount if a payment held by a set-off is released for payment. 6. Include Attachment D to allow tracking of invoices used to support amounts requested as materials in Attachments A and B. Enter materials to show the amount of the invoice assigned to each item in Attachment A or B if an invoice includes materials used on several line items. 7. Complete the certification stating that all Work, including materials and equipment, covered by this Application for Payment have been completed or delivered and stored in accordance with the Contract Documents, that all amounts have been paid for Work, materials, and equipment for which previous payments have been made by the Owner, and that the current payment amount shown in this Application for Payment is now due. C. Submit attachments in Portable Document Format (PDF): 1. Generate attachments to the Application for Payment using the Excel spreadsheet provided. 2. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. 1.08 RESPONSIBILITY OF OWNER'S AUTHORIZED REPRESENTATIVE A. OAR will review draft Application for Payment with Contractor to reach an agreement on the values that will be recommended for payment by the OAR. B. OAR will review Application for Payment submitted by Contractor to determine that the Application for Payment has been properly submitted and is in accordance with the agreed to draft Application for Payment. Application for Payment Procedures 5246 New Fire Station No. 18 (Bond 2008) 012900-6 03-11-2015 C. OAR is to either recommend payment of the Application for Payment to Owner or notify the Contractor of the OPT's reasons for not recommending payment. Contractor may make necessary corrections and resubmit the Application for Payment if it is not recommended within 10 days after receipt of the notice. OAR will review resubmitted Application for Payment and reject or recommend payment of the Application for Payment to Owner as appropriate. D. OAR's recommendation of the Application for Payment constitutes a representation by OPT that based on their experience and the information available: 1. The Work has progressed to the point indicated; 2. The quality of the Work is generally in accordance with the Contract Documents; and 3. Requirements prerequisite to payment have been met. E. This representation is subject to: 1. Further evaluation of the Work as a functioning whole; 2. The results of subsequent tests called for in the Contract Documents; or 3. Any other qualifications stated in the recommendation. F. OPT does not represent by recommending payment: 1. Inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work; or 2. Other matters or issues between the parties that might entitle Contractor to additional compensation or entitle Owner to withhold payment to Contractor may or may not exist. G. Neither OPT's review of Contractor's Work for the purposes of recommending payments nor OAR's recommendation of payment imposes responsibility on OPT: 1. To supervise, direct, or control the Work; 2. For the means, methods, techniques, sequences, or procedures of construction, or safety precautions and programs; 3. For Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work; 4. To make examinations to ascertain how or for what purposes Contractor has used the monies paid on account of the Contract Price; or 5. To determine that title to the Work, materials, or equipment has passed to Owner free and clear of Liens. 1.09 FINAL APPLICATION FOR PAYMENT A. Include adjustments to the Contract Price in the final Application for Payment for: 1. Approved Change Orders and Contract Amendments, 2. Deductions for Defective Work that has been accepted by the Owner, Application for Payment Procedures 5246 New Fire Station No. 18 (Bond 2008) 012900-7 03-11-2015 3. Penalties and bonuses, 4. Deductions for liquidated damages, 5. Deduction for all final set -offs, and 6. Other adjustments if needed. B. OAR will prepare a final Change Order reflecting the approved adjustments to the Contract Price which have not been covered by previously approved Change Orders and if necessary reconcile estimate unit price quantities with actual quantities. C. Submit the final Application for Payment per the General Conditions, including the final Change Order. Provide the following with the Final Application for Payment: 1. Evidence of payment or release of liens on the forms provided and as required by the General Conditions. 2. Consent from Surety to Final Payment. 1.10 PAYMENT BY OWNER A. Owner is to pay the amount recommended for monthly payments within 30 days after receipt of the OAR's recommended Application for Payment. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Application for Payment Procedures 5246 New Fire Station No. 18 (Bond 2008) 012900-8 03-11-2015 01 31 00 PROJECT MANAGEMENT AND COORDINATION 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish resources required to complete the Project with an acceptable standard of quality within the Contract Times. B. Construct Project in accordance with current safety practices. C. Manage Site to allow access to Site and control construction operations. D. Construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. E. Provide temporary controls for pollutions, management of water and management of excess earth as required in SECTION 01 57 00 TEMPORARY CONTROLS. 1.02 QUALITY ASSURANCE A. Employ competent workmen, skilled in the occupation for which they are employed. Provide Work meeting quality requirements of the Contract Documents. B. Remove Defective Work from the Site immediately unless provisions have been made and approved by the OPT to allow repair of the product at the Site. Clearly mark Work as Defective until it is removed or allowable repairs have been completed. 1.03 DOCUMENT SUBMITTAL A. Provide documents in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. 1. Provide copies of Supplier's printed storage instructions prior to furnishing materials or products and installation instructions prior to beginning the installation. 2. Incorporate field notes, sketches, recordings, and computations made by the Contractor in Record Drawings. 1.04 PERMITS A. Obtain building permits for the Project from the local authorities having jurisdiction. Pay building permit fees and include this cost in the Contract Price. B. Obtain environmental permits required for construction at the Site. C. Provide required permits for transporting heavy or oversized loads. D. Provide other permits required to conduct any part of the Work. E. Arrange for inspections and certification by agencies having jurisdiction over the Work. F. Make arrangements with private utility companies and pay for fees associated with obtaining services, or for inspection fees. G. Retain copies of permits and licenses at the Site and observe and comply with all regulations and conditions of the permit or license. Project Management and Coordination 5246 New Fire Station No. 18 (Bond 2008) 013100-1 11-25-2013 1.05 SAFETY REQUIREMENTS A. Manage safety to protect the safety and welfare of persons at the Site. B. Provide safe access to move through the Site. Provide protective devices to warn and protect from hazards at the Site. C. Provide safe access for those performing tests and inspections. D. Comply with latest provisions of the Occupational Health and Safety Administration and other Laws and Regulation. E. Cooperate with accident investigations. Provide two copies of all reports, including insurance company reports, prepared concerning accidents, injury, or death related to the Project to the OAR as Record Data per SECTION 01 33 03 RECORD DATA. 1.06 ACCESS TO THE SITE A. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe access for normal operations during construction. B. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding, and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections. C. Use roadways for construction traffic only with written approval of the appropriate representatives of each entity. Roadways may not be approved for construction traffic. Obtain written approval to use roads to deliver heavy or oversized loads to the Site. Furnish copies of the written approvals to the Owner as Record Data per SECTION 01 33 03 RECORD DATA. 1.07 CONTRACTOR'S USE OF SITE A. Limit the use of Site for Work and storage to those areas designated on the Drawings or approved by the OAR. Coordinate the use of the premises with the OAR. B. Provide security at the Site as necessary to protect against vandalism and loss by theft. C. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply. D. Park construction equipment in designated areas only and provide spill control measures as discussed in SECTION 01 57 00 TEMPORARY CONTROLS. E. Park employees' vehicles in designated areas only. F. Obtain written permission of the Owner before entering privately -owned land outside of the Owner's property, rights-of-way, or easements. G. Do not allow the use of audio devices, obnoxious, vulgar or abusive language, or sexual harassment in any form. These actions will cause immediate and permanent removal of the offender from the premises. Criminal or civil penalties may apply. Project Management and Coordination 5246 New Fire Station No. 18 (Bond 2008) 013100-2 11-25-2013 H. Require Workers to wear clothing that is inoffensive and meets safety requirements. Do not allow sleeveless shirts, shorts, exceedingly torn, ripped, or soiled clothing to be worn on the Project. I. Do not allow firearms or weapons of any sort to be brought on to the Site under any conditions. No exception is to be made for persons with concealed handgun permits. Remove any firearms or weapons and the person possessing these firearms or weapons immediately from the Site. 1.08 PROTECTION OF EXISTING STRUCTURES AND UTILITIES A. Examine the Site and review the available information concerning the Site. Locate utilities, streets, driveways, fences, drainage structures, sidewalks, curbs, and gutters. Verify the elevations of the structures adjacent to excavations. Report any discrepancies from information in the Contract Documents to the OAR before beginning construction. B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action per SECTION 01 35 00 SPECIAL PROCEDURES. Coordinate Work with local utility company and others for the relocation or replacement. C. Protect buildings, utilities, street surfaces, driveways, sidewalks, curb and gutter, fences, wells, drainage structures, piping, valves, manholes, electrical conduits, and other systems or structures unless they are shown to be replaced or relocated on the Drawings. Restore damaged items to the satisfaction of the OPT and utility owner. D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless required by the Contract Documents or approved by the OAR. Notify and cooperate with the utility owner if it is necessary to move services, poles, guy wires, pipelines, or other obstructions. E. Protect existing trees and landscaping at the Site. 1. Identify trees that may be removed during construction with OPT. 2. Mark trees to be removed with paint. 3. Protect trees to remain from damage by wrapping trunks with 2 x 4 timbers around the perimeter, securely wired in place, where machinery must operate around existing trees. Protect branches and limbs from damage by equipment. 4. Protect root zone from compaction. 1.09 PRE -CONSTRUCTION EXPLORATORY EXCAVATIONS A. Excavate and expose existing pipelines that cross within 20 feet of Project pipelines prior to any Work. Survey the line to determine its exact vertical and horizontal location at each point the existing pipeline may potentially conflict with the Work. B. Excavate and expose existing parallel pipelines at 300 feet intervals (maximum) for existing pipelines which are within 10 feet of Project pipelines. Survey the line to determine its exact vertical and horizontal location at each point where the line is excavated and exposed. Project Management and Coordination 5246 New Fire Station No. 18 (Bond 2008) 013100-3 11-25-2013 C. Prepare a Plan of Action per SECTION 01 35 00 SPECIAL PROCEDURES indicating the owner of pipelines excavated and surveyed and all pertinent survey data, including the station where lines cross or conflicts may exist and the distance to the pavement centerline and elevations of the top of existing pipelines. D. Do not perform Work on the Project until all exploratory excavations have been completed and the Plan of Action has been approved by the Designer. E. Include the cost for these pre -construction exploratory excavations in the unit price for pipe construction. Pavement repairs associated with exploratory excavations will be paid for at the unit prices for pavement repair. 1.10 DISRUPTION TO SERVICES / CONTINUED OPERATIONS A. Existing facilities are to continue in service as usual during the construction unless noted otherwise. Owner or utilities must be able to operate and maintain the facilities. Keep disruptions to existing utilities, piping, process piping, or electrical services to a minimum. 1. Do not restrict access to critical valves or operators. 2. Limit operations to the minimum amount of space needed to complete the specified Work. 3. Maintain storm sewers and sanitary sewers in service at all times. Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not restricted. B. Provide a Plan of Action in accordance with SECTION 01 35 00 SPECIAL PROCEDURES if facilities must be taken out of operation. 1.11 FIELD MEASUREMENTS A. Perform complete field measurements prior to purchasing products or beginning construction for products required to fit existing conditions. B. Verify property lines, control lines, grades, and levels indicated on the Drawings. C. Check Shop Drawings and indicate the actual dimensions available where products are to be installed. D. Include field measurements in Record Drawings as required in SECTION 01 31 13 PROJECT COORDINATION. 1.12 REFERENCE DATA AND CONTROL POINTS A. The OPT will provide the following control points: 1. Base line or grid reference points for horizontal control. 2. Benchmarks for vertical control. B. Locate and protect control points prior to starting the Work and preserve permanent reference points during construction. Designated control points may be on an existing structure or monument. Do not change or relocate points without prior approval of the OAR. Notify OAR when the reference point is lost, destroyed, or requires relocation. Replace Project control points on the basis of the original survey. Project Management and Coordination 5246 New Fire Station No. 18 (Bond 2008) 013100-4 11-25-2013 C. Provide complete engineering layout of the Work needed for construction. 1. Provide competent personnel. Provide equipment including accurate surveying instruments, stakes, platforms, tools, and materials. 2. Provide surveying with accuracy meeting the requirements established for Category 5 Construction Surveying as established in the Manual of Practice of Land Surveying in Texas published by the Texas Society of Professional Surveyors, latest revision. 3. Record Data and measurements per standards. 1.13 DELIVERY AND STORAGE A. Deliver products and materials to the Site in time to prevent delays in construction. B. Deliver packaged products to Site in original undamaged containers with identifying labels attached. Open cartons as necessary to check for damage and to verify invoices. Reseal cartons and store properly until used. Leave products in packages or other containers until installed. C. Assume full responsibility for the protection and safekeeping of products stored at the Site. D. Store products at locations acceptable to the OAR and to allow Owner access to maintain and operate existing facilities. E. Store products in accordance with the Supplier's storage instructions immediately upon delivery. Leave seals and labels intact. F. Provide additional storage areas as needed for construction. Store products subject to damage by elements in substantial weather -tight enclosures or storage sheds. Provide and maintain storage sheds as required for the protection of products. Provide temperature, humidity control, and ventilation within the ranges stated in the Supplier's instructions. Remove storage facilities at the completion of the Project. G. Protect the pipe interior. Keep all foreign materials such as dirt, debris, animals, or other objects out of the pipe during the Work. Cap or plug ends of installed pipe in an approved manner when pipe is not being installed. Clean or wash out pipe sections that become contaminated before continuing with installation. Take precautions to prevent the pipe from floating or moving out of the proper position during or after laying operations. Immediately correct any pipe that moves from its correct position. H. Provide adequate exterior storage for products that may be stored out-of-doors. 1. Provide substantial platforms, blocking, or skids to support materials and products above ground which has been sloped to provide drainage. Protect products from soiling or staining. 2. Cover products subject to discoloration or deterioration from exposure to the elements, with impervious sheet materials. Provide ventilation to prevent condensation below covering. 3. Store loose, granular materials on clean, solid surfaces, or on rigid sheet materials, to prevent mixing with foreign matter. 4. Provide surface drainage to prevent erosion and ponding of water. Project Management and Coordination 5246 New Fire Station No. 18 (Bond 2008) 013100-5 11-25-2013 5. Prevent mixing of refuse or chemically injurious materials or liquids with stored materials. 6. Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt, moisture, and other injurious materials. Protect PVC pipe from ultraviolet light exposure. 7. Store light weight products to prevent wind damage. I. Maintain storage facilities. Inspect stored products on a weekly basis and after periods of severe weather to verify that: 1. Storage facilities continue to meet specified requirements; 2. Supplier's required environmental conditions are continually maintained; and 3. Products that can be damaged by exposure to the elements are not adversely affected. J. Replace any stored item damaged by inadequate protection or environmental controls. K. Payment may be withheld for any products not properly stored. 1.14 CLEANING DURING CONSTRUCTION A. Provide positive methods to minimize raising dust from construction operations and provide positive means to prevent air -borne dust from disbursing into the atmosphere. Control dust and dirt from demolition, cutting, and patching operations. B. Clean the Project as Work progresses and dispose of waste materials, keeping the Site free from accumulations of waste or rubbish. Provide containers on Site for waste collection. Do not allow waste materials or debris to blow around or off of the Site. Control dust from waste materials. Transport waste materials with as few handlings as possible. C. Comply with Laws and Regulations. Do not burn or bury waste materials. Remove waste materials, rubbish and debris from the Site and legally dispose of these at public or private disposal facilities. D. Provide a final cleaning to thoroughly clean the entire Site and make ready for acceptance. 1. Remove construction debris, boxes and trash from the Site. 2. Remove construction storage sheds and field offices. 3. Restore grade to match surrounding condition and remove excess dirt. 4. Sweep all drives and parking lots clean of dirt and debris. Use water trucks or hose down paved site to like new appearance. 1.15 MAINTENANCE OF ROADS, DRIVEWAYS AND ACCESS A. Maintain roads and streets in a manner that is suitable for safe operations of public vehicles during all phases of construction unless the Owner approves a street closing. Do not close public roads overnight. Project Management and Coordination 5246 New Fire Station No. 18 (Bond 2008) 013100-6 11-25-2013 B. Submit a Notification by Contractor for Owner's approval of a street closing. The request shall state: 1. The reason for closing the street. 2. How long the street will remain closed. 3. Procedures to be taken to maintain the flow of traffic. C. Construct temporary detours, including by-pass roads around construction, with adequately clear width to maintain the free flow of traffic at all times. Maintain barricades, signs, and safety features around the detour and excavations. Maintain barricades, signs, and safety features around the Work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). D. Assume responsibility for any damage resulting from construction along roads or drives. 1.16 AREA ACCESS AND TRAFFIC CONTROL A. Provide traffic control measures to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. Provide all-weather access to all residents and businesses at all times during construction. Provide temporary driveways and/or roads of approved material during wet weather. Maintain a stockpile of suitable material on the Site to meet the demands of inclement weather. B. Schedule operations to minimize adverse impact on the accessibility of adjoining properties. Sequence construction to build driveways in half widths, construct temporary ramps, or any other measure required to maintain access to adjoining properties. C. Comply with the Owner's Uniform Barricading Standards and Practices. Copies of this document are available through the Owner's Traffic Engineering Department. Secure required permits from the Owner's Traffic Engineering Department. 1.17 OVERHEAD ELECTRICAL WIRES A. Comply with OSHA safety requirements regarding construction equipment working beneath overhead electrical wires. Prevent and pay for repairs for damage to existing overhead electrical wires or facilities. B. Provide for adequate safety with regard to overhead lines whether overhead lines are or are not shown in the Contract Documents. 1.18 BLASTING A. Blasting is not allowed for any purpose. 1.19 ARCHAEOLOGICAL REQUIREMENTS A. Cease operations immediately and contact the Owner for instructions if historical or archaeological artifacts are found during construction. B. Conduct all construction activities to avoid adverse impact on the Sites where significant historical or archaeological artifacts are found or identified as an area where other artifacts could be found. Project Management and Coordination 5246 New Fire Station No. 18 (Bond 2008) 013100-7 11-25-2013 1. Obtain details for Working in these areas. 2. Maintain confidentiality regarding the Site. 3. Adhere to the requirements of the Texas Historical Commission. 4. Notify the OAR and the Texas Historical Commission. C. Do not disturb archaeological sites. 1. Obtain the services of a qualified archaeological specialist to instruct construction personnel on how to identify and protect archaeological finds on an emergency basis. 2. Coordinate activities to permit archaeological work to take place within the area. a. Attempt to archaeologically clear areas needed for construction as soon as possible. b. Provide a determination of priority for such areas. D. Assume responsibility for any unauthorized destruction that might result to such Sites by construction personnel, and pay all penalties assessed by the State or Federal agencies for non-compliance with these requirements. E. Contract Times will be modified to compensate for delays caused by such archaeological finds. No additional compensation will be paid for delays. 1.20 ENDANGERED SPECIES RESOURCES A. Do not perform any activity that is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Species Act (ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. B. Cease Work immediately in the area of the encounter and notify the OAR if a threatened or endangered species is encountered during construction. OPT will implement actions in accordance with the ESA and applicable State statutes. Resume construction in the area of the encounter when authorized to do so by the OAR. 1.21 COOPERATION WITH PUBLIC AGENCIES A. Cooperate with all public and private agencies with facilities operating within the limits of the Project. B. Provide a 48-hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Texas 811 at 811 and the Lone Star Notification Company at 1-800-669-8344. C. For the Contractor's convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 826-3500 Traffic Engineering 826-3540 Police Department 882-2600 Water Department 826-1881 (826-1888 after hours) Project Management and Coordination 5246 New Fire Station No. 18 (Bond 2008) 013100-8 11-25-2013 Public Agencies/Contacts Phone Number Wastewater Department 826-1800 (826-1818 after hours) Gas Department 885-6900 (885-6913 after hours) Storm Water Department 826-1875 (826-3140 after hours) Parks & Recreation Department 826-3461 Streets and Solid Waste Services 826-1940 AEP 1-877-373-4858 SBC / AT&T 881-2511 (1-800-824-4424 after hours) City Street Div. for Traffic Signal/ Fiber Optic Locate 826-1946 826-3547 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624) KMC (Fiber Optic) 813-1124 (Pager 888-204-1679) ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512-935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 Regional Transportation Authority 289-2712 Port of Corpus Christi Authority Eng. 855-6153 TxDOT Area Office 808-2384 Corpus Christi ISD 886-9005 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Project Management and Coordination 5246 New Fire Station No. 18 (Bond 2008) 013100-9 11-25-2013 01 31 13 PROJECT COORDINATION 1.00 GENERAL 1.01 WORK INCLUDED A. Administer Contract requirements to construct the Project. Provide documentation per the requirements of this Section. Provide information as requested by the OPT. 1.02 DOCUMENT SUBMITTAL A. Provide documents in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. B. Use the forms provided for Contract administration, applications for payment, document submittals, documentation of test results, equipment installation and documentation, and Project closeout. A digital copy of the required forms will be provided to the Contractor before or at the pre -construction conference. 1.03 COMMUNICATION DURING THE PROJECT A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. C. The OAR will normally communicate only with the Contractor. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the Contractor. D. Direct written communications to the OAR at the address indicated at the pre -construction conference. Include the following with communications as a minimum: 1. Name of the Owner. 2. Project name. 3. Contract title. 4. Project number. 5. Date. 6. A reference statement. E. Submit communications on the forms referenced in this Section or in SECTION 01 33 00 DOCUMENT MANAGEMENT. Project Coordination 5246 New Fire Station No. 18 (Bond 2008) 013113-1 11-25-2013 1.04 PROJECT MEETINGS A. Pre -Construction Conference: 1. Attend a pre -construction conference. 2. The location of the conference will be determined by the OAR. 3. The time of the meeting will be determined by the OAR but will be after the Notice of Award is issued and not later than 15 days after the Notice to Proceed is issued. 4. The OPT, Contractor's project manager and superintendent, representatives of utility companies, and representatives from major Subcontractors and Suppliers may attend the conference. 5. Provide and be prepared to discuss: a. Preliminary construction schedule per SECTION 01 33 04 CONSTRUCTION PROGRESS SCHEDULE. b. Schedule of Values and anticipated Schedule of Payments per SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES. c. List of Subcontractors and Suppliers. d. Contractor's organizational chart as it relates to this Project. e. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents, Contract Modifications, and payment requests. B. Progress Meetings: 1. Attend meetings with the OAR and Owner. a. Meet on a monthly basis or as requested by the OAR to discuss the Project. b. Meet at the Site or other location as designated by the OAR. c. Contractor's superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters. d. Notify the OAR of any specific items to be discussed a minimum of 1 week prior to the meeting. 2. Provide information as requested by the OAR or Owner concerning this Project. Prepare to discuss: a. Status of overall Project schedule. b. Contractor's detailed schedule for the next month. c. Anticipated delivery dates for equipment. d. Coordination with the Owner. e. Status of documents. f. Information or clarification of the Contract Documents. g. Claims and proposed Modifications to the Contract. Project Coordination 5246 New Fire Station No. 18 (Bond 2008) 013113-2 11-25-2013 h. Field observations, problems, or conflicts. i. Maintenance of quality standards. 3. OAR will prepare minutes of meetings. Review the minutes of the meeting and notify the OAR of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in the minutes of the following meeting or as an attachment to the minutes. C. Pre- Submittal and Pre -Installation Meetings: 1. Conduct pre -submittal and pre -installation meetings as required in the individual technical Specifications or as determined necessary by the OAR (for example, instrumentation, roofing, concrete mix design, etc.). 2. Set the time and location of the meetings when ready to proceed with the associated Work. Submit a Notification by Contractor in accordance with Paragraph 1.07 for the meeting 2 weeks before the meeting. OPT must approve of the proposed time and location. 3. Attend the meeting and require the participation of appropriate Subcontractors and Suppliers in the meeting. 4. Prepare minutes of the meeting and submit to the OPT for review. OPT will review the minutes of the meeting and notify the Contractor of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in a revised set of meeting minutes. 1.05 REQUESTS FOR INFORMATION A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per SECTION 01 31 14 CHANGE MANAGEMENT if the RFI indicates that a Contract Modification is required. D. Use the Project Issues Log to document decisions made at meetings and actions to be taken in accordance with Paragraph 1.06. E. Use the Action Item Log to document assignments for actions to be taken in accordance with Paragraph 1.06. Project Coordination 5246 New Fire Station No. 18 (Bond 2008) 013113-3 11-25-2013 1.06 DECISION AND ACTION ITEM LOG A. OAR will maintain a Project Decision Log to document key decisions made at meetings, telephone conversation or Site visits using the format provided: 1. Review the log prior to each regular meeting. 2. Report any discrepancies to the OAR for correction or discussion at the next monthly meeting. B. OAR will maintain an Action Item log in conjunction with the Project Decision Log to track assignments made at meetings, telephone conversation, or Site visits using the format provided: 1. Review the Action Item Log prior to each regular meeting. 2. Report actions taken subsequent to the previous progress meeting on items in the log assigned to the Contractor or through the Contractor to a Subcontractor or Supplier to the OAR. Report on status of progress 1 week prior to each progress meeting established in Paragraph 1.04 to allow OAR to update the log prior to the Progress meetings. 3. Be prepared to discuss the status at each meeting. C. Decisions or action items in the log that require a change in the Contract Documents will have the preparation of a Modification as an action items if appropriate. The Contract Documents can only be changed by a Modification. 1.07 NOTIFICATION BY CONTRACTOR A. Notify the OAR of: 1. Need for testing. 2. Intent to work outside regular working hours. 3. Request to shut down facilities or utilities. 4. Proposed utility connections. 5. Required observation by OAR, Designer, or inspection agencies prior to covering Work. 6. Training. B. Provide notification a minimum of 2 weeks in advance in order to allow OPT time to respond appropriately to the notification. C. Use "Notification by Contractor" form provided. 1.08 RECORD DOCUMENTS A. Maintain at the Site one complete set of printed Record Documents including: 1. Drawings. 2. Specifications. 3. Addenda. 4. Modifications. Project Coordination 5246 New Fire Station No. 18 (Bond 2008) 013113-4 11-25-2013 5. Record Data and approved Shop Drawings. 6. Construction photographs. 7. Test Reports. 8. Clarifications and other information provided in Request for Information responses. 9. Reference standards. B. Store printed Record Documents and Samples in the Contractor's field office. 1. Record Documents are to remain separate from documents used for construction. 2. Provide files and racks for the storage of Record Documents. 3. Provide a secure storage space for the storage of Samples. 4. Maintain Record Documents in clean, dry, legible conditions, and in good order. 5. Make Record Documents and Samples available at all times for inspection by the OPT. C. Maintain a digital record of Specifications and Addenda to identify products provided in PDF format. 1. Reference the Record Data number, Shop Drawings number, and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. D. Maintain a digital record of Drawings in PDF format. 1. Reference the Record Data number, Shop Drawings number, and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. 3. Record information as construction is being performed. Do not conceal any Work until the required information is recorded. 4. Mark Drawings to record actual construction, including the following: a. Depths of various elements of the foundation in relation to finished first floor datum or the top of walls. b. Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities encountered during construction. c. Location of utilities and appurtenances concealed in the Work. Refer measurements to permanent structures on the surface. Include the following equipment: 1) Piping. 2) Ductwork. 3) Equipment and control devices requiring periodic maintenance or repair. 4) Valves, unions, traps, and tanks. 5) Services entrance. 6) Feeders. Project Coordination 5246 New Fire Station No. 18 (Bond 2008) 013113-5 11-25-2013 7) Outlets. d. Changes of dimension and detail. e. Changes by Modifications. f. Information in Request for Information or included in the Project Issues Log. g. Details not on the original Drawings. Include field verified dimensions and clarifications, interpretations, and additional information issued in response to RFIs. 5. Mark Drawings with the following colors: a. Highlight references to other documents, including Modifications in blue; b. Highlight mark ups for new or revised Work (lines added) in yellow; c. Highlight items deleted or not installed (lines to be removed) in red; and d. Highlight items constructed per the Contract Documents in green. 6. Submit Record Documents to Designer for review and acceptance 30 days prior to Final Completion of the Project. E. Applications for Payment will not be recommended for payment if Record Documents are found to be incomplete or not in order. Final payment will not be recommended without complete Record Documents. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Project Coordination 5246 New Fire Station No. 18 (Bond 2008) 013113-6 11-25-2013 01 31 14 CHANGE MANAGEMENT 1.00 GENERAL 1.01 REQUESTS FOR CHANGE PROPOSAL A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 1.02 to the Designer for evaluation by the OPT. 1.02 CHANGE PROPOSALS A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outline in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Change Management 5246 New Fire Station No. 18 (Bond 2008) 013114-1 11-25-2013 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self -performed Work. e. Submit Change Proposals that comply with Article 13 of the General Conditions for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with SECTION 01 33 02 SHOP DRAWINGS. 1.03 DESIGNER WILL EVALUATE THE REQUEST FOR A MODIFICATION. A. Designer will issue a Modification per the General Conditions if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. 1.04 EQUAL NON SPECIFIED PRODUCTS A. The products of the listed Suppliers are to be furnished where Specifications list several manufacturers but do not specifically list "or equal" or "or approved equal" products. Use of any products other than those specifically listed is a substitution. Follow the procedures in Paragraph 1.05 for a substitution. B. Contractor may submit other manufacturers' products that are in full compliance with the Specification where Specifications list one or more manufacturers followed by the phase "or equal" or "or approved equal." 1. Submit a Shop Drawing as required by SECTION 01 33 02 SHOP DRAWINGS to document that the proposed product is equal or superior to the specified product. 2. Prove that the product is equal. It is not the OPT's responsibility to prove the product is not equal. Change Management 5246 New Fire Station No. 18 (Bond 2008) 013114-2 11-25-2013 a. Indicate on a point by point basis for each specified feature that the product is equal to the Contract Document requirements. b. Make a direct comparison with the specified manufacturer's published data sheets and available information. Provide this printed material with the Shop Drawing. c. The decision of the Designer regarding the acceptability of the proposed product is final. 3. Provide a typewritten certification that, in furnishing the proposed product as an equal, the Contractor: a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified. b. Has determined that the product will perform in the same manner and result in the same process as the specified product. c. Will provide the same warranties and/or bonds as for the product specified. d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional Work which may be necessary to incorporate the product into the Project which may subsequently become apparent. e. Will maintain the same time schedule as for the specified product. 4. A Change Proposal is not required for any product that is in full compliance with the Contract Documents. If the product is not in full compliance, it may be offered as a Substitution. 1.05 SUBSTITUTIONS A. Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product. Submit a Change Proposal per Paragraph 1.02 along with a Shop Drawing as required by SECTION 01 33 02 SHOP DRAWINGS to request approval of a substitution. B. Prove that the product is acceptable as a substitute. It is not the Designer's responsibility to prove the product is not acceptable as a substitute. 1. Indicate on a point by point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents requirements. 2. Make a direct comparison with the specified Suppliers published data sheets and available information. Provide this printed material with the documents submitted. 3. The decision of the Designer regarding the acceptability of the proposed substitute product is final. C. Provide a written certification that, in making the substitution request, the Contractor: 1. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product. Change Management 5246 New Fire Station No. 18 (Bond 2008) 013114-3 11-25-2013 2. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the manufacturer of the specified product. 3. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the Project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent. 4. Will maintain the same time schedule as for the specified product. D. Pay for review of substitutions in accordance with SECTION 01 33 02 SHOP DRAWINGS. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Change Management 5246 New Fire Station No. 18 (Bond 2008) 013114-4 11-25-2013 01 33 00 DOCUMENT MANAGEMENT 1.00 GENERAL 1.01 WORK INCLUDED A. Submit documentation as required by the Contract Documents and as reasonably requested by the OPT. 1.02 QUALITY ASSURANCE A. Submit legible, accurate, complete documents presented in a clear, easily understood manner. Documents not meeting these criteria will be returned without review. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Review documents prior to submitting. Make certifications as required by the Contract Documents and as indicated on forms provided. B. Provide a Schedule of Documents to list the documents that are to be submitted, the dates on which documents are to be sent to the Designer for review, and proposed dates that documents must be returned to comply with the Project schedule. Use the form provided for this list. C. Incorporate the dates for processing documents into the Progress Schedule required by SECTION 01 33 04 CONSTRUCTION PROGRESS SCHEDULE. 1. Provide documents in accordance with the schedule so construction of the Project is not delayed. 2. Allow a reasonable time for the review of documents when preparing the Progress Schedule. Assume a 14 day review cycle for each document unless a longer period of time is indicated in the Contract Documents or agreed to by Designer and Contractor. 3. Schedule submittal of documents to provide all information for interrelated Work at one time. 4. Allow adequate time for processing documents so construction of the Project is not delayed. 1.04 DOCUMENT SUBMITTAL PROCEDURES A. Submit documents through the Designer. Send all documents in digital format for processing. 1. Provide all information requested with a completed Document Transmittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. 2. The Document Transmittal form is to be the first page in the document submitted. 3. Submit all documents in Portable Document Format (PDF). Document Management 5246 New Fire Station No. 18 (Bond 2008) 013300-1 11-25-2013 a. Create PDF document using Bluebeam Revu software or other compatible software that will create files that can be opened and annotated using Bluebeam Revu software. b. Create PDF documents from native format files unless files are only available from scanned documents. c. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. d. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. e. Submit color PDF documents where color is required to interpret the document. f. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. h. Use Bluebeam Revu software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size g. i. Add footers to each document with the Project name. 1.05 DOCUMENT NUMBERING A. Assign a number to the documents originated to allow tracking of the documents during the review process. 1. Assign the number consisting of a prefix, a sequence number, and a letter suffix. Prefixes shall be as follows: Prefix Description Originator AP Application for Payment Contractor CO Change Order OAR CP Change Proposal Contractor CTR Certified Test Report Contractor FO Field Order OAR NBC Notification by Contractor Contractor PD Photographic Documentation Contractor RCP Request for a Change Proposal OAR RD Record Data Contractor RFI Request for Information Contractor SD Shop Drawing Contractor Document Management 5246 New Fire Station No. 18 (Bond 2008) 013300-2 11-25-2013 Prefix Description Originator SCH Schedule of Progress Contractor 2. Issue sequence numbers in chronological order for each type of document. 3. Issue numbers for resubmittals that have the same number as the original document followed by an alphabetical suffix indicating the number of times the same document has been sent to the Designer for processing. For example: SD 025 A represents Shop Drawing number 25 and the letter "A" designates that this is the second time this document has been sent for review. 4. Clearly note the document number on each page or sheet of the document. 5. Correct assignment of numbers is essential since different document types are processed in different ways. B. Include reference the Drawing number and/or Specification Section, detail designation, schedule, or location that corresponds with the data on the document transmittal forms. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. 1.06 DOCUMENT REQUIREMENTS A. Furnish documents as indicated below or in individual Specification Sections. Submit documents per the procedures described in the Contract Documents. B. Submit documents per the Specification Section shown in the following table: Document Type Specification Section Application for Payment 01 29 00 Change Proposal 01 31 14 Certified Test Report 01 33 02 for approval of product 0140 00 to demonstrate compliance Notification by Contractor 01 31 13 Photographic Documentation 01 33 05 Progress Schedules 01 33 04 Record Data 01 33 03 Request for Information 01 31 13 Shop Drawing 01 33 02 Schedule of Values 01 29 00 Substitutions 01 31 14 Suppliers and Subcontractors 01 31 13 and 01 33 03 Document Management 5246 New Fire Station No. 18 (Bond 2008) 013300-3 11-25-2013 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Document Management 5246 New Fire Station No. 18 (Bond 2008) 013300-4 11-25-2013 01 33 02 SHOP DRAWINGS 1.00 GENERAL 1.01 WORK INCLUDED A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. C. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Shop Drawings, Samples, or mockups. Contract modifications can only be approved by Change Order or Field Order. 1.02 QUALITY ASSURANCE A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Shop Drawings not meeting these criteria will be rejected. B. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents, or will be if deviations requested per Paragraph 1.10 are approved. C. Furnish and install products that fully comply with the information included in the document submittal. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description B. Include Shop Drawings in the Schedule of Documents required by SECTION 01 33 00 DOCUMENT MANAGEMENT to indicate the Shop Drawings to be submitted, the dates on which documents are to be sent to the Designer for review and proposed dates that the product will be incorporated into the Project. C. Incorporate the dates for processing Shop Drawings into the Progress Schedule required by SECTION 01 33 04 CONSTRUCTION PROGRESS SCHEDULE. Shop Drawings 5246 New Fire Station No. 18 (Bond 2008) 013302-1 11-25-2013 1. Submit Shop Drawings in accordance with the schedule so construction of the Project is not delayed. 2. Allow a reasonable time for the review of Shop Drawings when preparing the Progress Schedule. Include time for making revisions to the Shop Drawings and resubmitting the Shop Drawing for a least a second review. Assume a 14 day review cycle for each time a Shop Drawing is submitted for review unless a longer period of time is indicated in the Contract Documents. 3. Schedule document submittals to provide all information for interrelated Work at one time. 4. Allow adequate time for ordering, fabricating, delivering, and installing product so construction of the Project is not delayed. D. Complete the following before submitting a Shop Drawing or Sample: 1. Prepare Shop Drawing Review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to Shop Drawings and Samples; 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. E. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Shop Drawing; 2. Location of existing structures, utilities, and equipment related to the Shop Drawing have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Shop Drawing are complete for their intended purpose; and 5. Conflicts between the Shop Drawing related to the various Subcontractors and Suppliers have been resolved. F. Review Shop Drawings prior to submitting to the Designer. Certify that all Shop Drawings have been reviewed by the Contractor and are in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Shop Drawings except for deviations specifically brought to the Designer's attention on an attached Shop Drawing Deviation Request form in accordance with Paragraph 1.10. Shop Drawings 5246 New Fire Station No. 18 (Bond 2008) 013302-2 11-25-2013 G. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the Contractor's risk. Defective products may be rejected at the Owner's option. H. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by the Designer. 1.04 SHOP DRAWING REQUIREMENTS A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. B. Include a complete description of the product to be furnished, including: 1. Type, dimensions, size, arrangement, and operational characteristics of the product; 2. Weights, gauges, materials of construction, external connections, anchors, and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; 5. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. C. Submit Shop Drawings that require coordination with other Shop Drawings at the same time. Shop Drawings requiring coordination with other Shop Drawings will be rejected until a complete package is submitted. 1.05 SPECIAL CERTIFICATIONS AND REPORTS A. Provide all required certifications with the Shop Drawings as specified in the individual Specification Sections: 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Shop Drawing. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Shop Drawing. Shop Drawings 5246 New Fire Station No. 18 (Bond 2008) 013302-3 11-25-2013 2. Certification of Local Field Service (CLS): A certified letter stating that field service is available from a factory or supplier approved service organization located within a 300 mile radius of the Site. List names, addresses, and telephone numbers of approved service organizations on or attach it to the certificate. 3. Certification of Adequacy of Design (CAD): A certified letter from the manufacturer of the equipment stating that they have designed the equipment to be structurally stable and to withstand all imposed loads without deformation, failure, or adverse effects to the performance and operational requirements of the unit. The letter shall state that mechanical and electrical equipment is adequately sized to be fully operational for the conditions specified or normally encountered by the product's intended use. 1.06 WARRANTIES AND GUARANTEES A. Provide all required warranties, guarantees, and related documents with the Shop Drawing. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1 year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required by Specification Sections. C. Provide a copy of all warranties in a separate document in accordance with SECTION 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS. 1.07 SHOP DRAWING SUBMITTAL PROCEDURES A. Submit Shop Drawings through the Designer. Send all documents in digital format for processing. 1. Provide all information requested in the Shop Drawing submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Shop Drawing submittal form is to be the first document in the file submitted. 2. Submit all documents in Portable Document Format (PDF). a. Create PDF document using Bluebeam Revu software or other compatible software that will create files that can be opened and annotated using Bluebeam Revu software. b. Create PDF documents from native format files unless files are only available from scanned documents. c. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. d. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. e. Submit color PDF documents where color is required to interpret the Shop Drawing. Submit Samples and color charts per Paragraph 1.08.A. Shop Drawings 5246 New Fire Station No. 18 (Bond 2008) 013302-4 11-25-2013 f. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. h. Use Bluebeam Revu software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. g. i. Add footers to each document with the Project name. 3. Submit each specific product or class of material separately so these can be tracked and processed independently. Do not submit Shop Drawings for more than one product in the same Shop Drawing. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Shop Drawings. a. Use terms and symbols in Shop Drawings consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Shop Drawings. c. Provide a legend for symbols used on Shop Drawings. 6. Mark Shop Drawings to reference: a. Related Specification Sections, b. Drawing number and detail designation, c. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Use the following conventions to markup Shop Drawings for review: 1. Make comments and corrections in the color blue. Add explanatory comments to the markup. 2. Highlight items in black that are not being furnished when the Supplier's standard drawings or information sheets are provided so that only the products to be provided are in their original color. 3. Make comments in the color yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. 4. Make comments in the color orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on Shop Drawings 5246 New Fire Station No. 18 (Bond 2008) 013302-5 11-25-2013 the Shop Drawing Deviation Request form. Include explanatory comments in the Shop Drawing Deviation Request form. 5. Mark dimensions with the prefix FD to indicate field verified dimensions on the Shop Drawings. C. Submit a Change Proposal per SECTION 01 31 14 CHANGE MANAGEMENT to request modifications to the Contract Documents, including those for approval of "or equal" products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. D. Designate a Shop Drawing as requiring priority treatment in the comment section of the Shop Drawing submittal form to place the review of the Shop Drawing ahead of other Shop Drawings previously delivered. Shop Drawings are typically reviewed in the order received, unless Contractor requests that a different priority be assigned. Priority Shop Drawings will be reviewed before other Shop Drawings for this Project already received but not yet reviewed. Use of this priority designation for Shop Drawings may delay the review of Shop Drawings previously submitted, pushing the processing of Shop Drawings beyond the 14 day target. Contractor is responsible for delays resulting from the use of the priority designation status on Shop Drawings. E. Complete the certification required by Paragraph 1.03. 1.08 SAMPLE AND MOCKUP SUBMITTAL PROCEDURES A. Submit color charts and Samples for every product requiring color, texture, or finish selection. 1. Submit color charts and Samples only after Shop Drawings for the products have been approved. 2. Deliver all color charts and Samples at one time. 3. Provide Samples of adequate size to clearly illustrate the functional characteristics of the product, with integrally related parts and attachment devices. 4. Indicate the full range of color, texture, and patterns. 5. Deliver color charts and Samples to the field office and store for the duration of the Project 6. Notify the Designer that color charts and Samples have been delivered for approval using the Notification by Contractor form. 7. Submit color charts and Samples not less than 30 days prior to when these products are to be ordered or released for fabrication to comply with the Project schedule. 8. Remove Samples that have been rejected. Submit new Samples following the same process as for the initial Sample until Samples are approved. 9. Dispose of Samples when related Work has been completed and approved and disposal is approved by the Designer. At Owner's option, Samples will become the property of the Owner. B. Construct mockups for comparison with the Work being performed. Shop Drawings 5246 New Fire Station No. 18 (Bond 2008) 013302-6 11-25-2013 1. Construct mockups from the actual products to be used in construction per detailed Specification Sections. 2. Construct mockups of the size and in the area indicated in the Contract Documents. 3. Construct mockups complete with texture and finish to represent the finished product. 4. Notify the Designer that mockups have been constructed and are ready for approval using the Notification by Contractor form. Allow 2 weeks for OPT to approve of the mockup before beginning the Work represented by the mockup. 5. Remove mockups that have been rejected. Construct new mockups following the same process as for the initial mockup until mockup is approved. 6. Protect mockups until Work has been completed and accepted by the OPT. 7. Dispose of mockups when related Work has been completed and disposal is approved by the Designer. 1.09 REQUESTS FOR DEVIATION A. Submit requests for deviation from the Contract Documents for any product that does not fully comply with the Contract Documents. B. Submit requests for deviation using the Shop Drawing Deviation Request form provided. Identify each deviation request as a separate item. Include all requested deviations that must be approved as a group together and identify them as a single item. C. Include a description of why the deviation is required and the impact on Contract Price or Contract Times. Include the amount of any cost savings to the Owner for deviations that result in a reduction in cost. D. Submit as a Change Proposal prior to submitting the Shop Drawing if the deviation will result in a change in Contract Price or Contract Times. E. A Modification must be issued by the Designer for approval of a deviation. Approval of a requested Shop Drawing deviation by the Designer on the Shop Drawings Deviation Request form indicates approval of the requested deviation only on its technical merits as generally conforming to the Contract Documents. Deviations from the Contract Documents can only be approved by a Modification. 1.10 DESIGNER RESPONSIBILITIES A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Section for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. Shop Drawings 5246 New Fire Station No. 18 (Bond 2008) 013302-7 11-25-2013 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per SECTION 01 33 03 RECORD DATA. c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These Shop Drawings 5246 New Fire Station No. 18 (Bond 2008) 013302-8 11-25-2013 drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Submit any requested deviation that requires as change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 1.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. 1.11 RESUBMISSION REQUIREMENTS A. Make all corrections or changes in the documents required by the Designer and resubmit to the Designer until approved. 1. Revise initial drawings or data and resubmit as specified for the original document. 2. Highlight or cloud in green those revisions which have been made in response to the previous reviews by the Designer. This will include changes previously highlighted or clouded in yellow to direct attention to Designer to items requiring selections or decisions by the Designer or highlighted or clouded in orange for a requested deviation from the Contract Documents. Shop Drawings 5246 New Fire Station No. 18 (Bond 2008) 013302-9 11-25-2013 3. Highlight and cloud new items in yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. 4. Highlight and cloud new items in orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Numbering for these new items is to start with the next number following the last Shop Drawing deviation requested. Include explanatory comments in the Shop Drawing Deviation Request form. B. Pay for excessive review of Shop Drawings. 1. Excessive review of Shop Drawings is defined as any review required after the original review has been made and the first resubmittal has been checked to see that corrections have been made. 2. Review of Shop Drawings or Samples will be an additional service requiring payment by the Contractor if the Contractor submits a substitution for a product for which a Shop Drawing or Sample has previously been approved, unless the need for such change is beyond the control of Contractor. 3. Cost for additional review time will be billed to the Owner by the Designer for the actual hours required for the review of Shop Drawings by Designer and in accordance with the rates listed in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. 4. A Set-off will be included in each Application for Payment to pay cost for the additional review to the Owner on a monthly basis. The Set-off will be based on invoices submitted to Owner for these services. 5. Need for more than one resubmission or any other delay of obtaining Designer's review of Shop Drawings will not entitle the Contractor to an adjustment in Contract Price or an extension of Contract Times. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Shop Drawings 5246 New Fire Station No. 18 (Bond 2008) 01 33 02 - 10 11-25-2013 01 33 03 RECORD DATA 1.00 GENERAL 1.01 WORK INCLUDED A. Submit Record Data as required by the Contract Documents and as reasonably requested by the OPT. Provide Record Data for all products unless a Shop Drawing is required for the same item. B. Submit Record Data to provide documents that allow the Owner to: 1. Record the products incorporated into the Project for the Owner; 2. Review detailed information about the products regarding their fabrication, installation, commissioning, and testing; and 3. Provide replacement or repair of the products at some future date. C. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the receipt or cursory review of Record Data. Contract modifications can only be approved by Change Order or Field Order. D. Provide various reports or other documents that Contract Documents required be submitted for record purposes. 1.02 QUALITY ASSURANCE A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Record Data not meeting these criteria will be rejected. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description B. Include Record Data in the Schedule of Documents required by SECTION 01 33 00 DOCUMENT MANAGEMENT to indicate the Record Data to be submitted, the dates on which documents are to be sent to the Designer for review, and proposed dates that the product will be incorporated into the Project. C. Complete the following before submitting Record Data: 1. Prepare Record Data and coordinate with Shop Drawings or Samples, other Record Data, and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information; Record Data 5246 New Fire Station No. 18 (Bond 2008) 013303-1 11-25-2013 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. D. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Record Data; 2. Location of existing structures, utilities, and equipment related to the Record Data have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Record Data are complete for their intended purpose; and 5. Conflicts between the Record Data related to the various Subcontractors and Suppliers have been resolved. E. Review Record Data prior to submitting to the Designer. Certify that all Record Data has been reviewed by the Contractor and is in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Record Data. 1.04 RECORD DATA REQUIREMENTS A. Include a complete description of the material or equipment to be furnished, including: 1. Type, dimensions, size, arrangement, model number, and operational parameters of the components; 2. Weights, gauges, materials of construction, external connections, anchors, and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; 5. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. 1.05 SPECIAL CERTIFICATIONS AND REPORTS A. Provide all required certifications with the Record Data as specified in the individual Specification Sections: Record Data 5246 New Fire Station No. 18 (Bond 2008) 013303-2 11-25-2013 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Record Data. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Record Data. 1.06 WARRANTIES AND GUARANTEES A. Provide all required warranties, guarantees, and related documents with the Record Data. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1 year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required by Specification Sections. C. Provide a copy of all warranties in a separate document in accordance with SECTION 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS. 1.07 RECORD DATA SUBMITTAL PROCEDURES A. Submit Record Data through the Designer. Send all documents in digital format for processing. 1. Provide all information requested in the Record Data submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Record Data submittal form is to be the first document in the file. 2. Submit all documents in Portable Document Format (PDF). a. Create PDF document using Bluebeam Revu software or other compatible software that will create files that can be opened and annotated using Bluebeam Revu software. b. Create PDF documents from native format files unless files are only available from scanned documents. c. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. d. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. e. Submit color PDF documents where color is required to interpret the Record Data. f. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. g. Record Data 5246 New Fire Station No. 18 (Bond 2008) 013303-3 11-25-2013 h. Use Bluebeam Revu software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. i. Add footers to each document with the Project name. 3. Submit each specific product, class of material, or product separately so these can be tracked and processed independently. Do not submit Record Data for more than one system in the same Record Data. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Record Data. a. Use terms and symbols in Record Data consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Record Data. c. Provide a legend for symbols used on Record Data. 6. Mark Record Data to reference: a. Related Specification Sections, b. Drawing number and detail designation, c. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Submit a Change Proposal per SECTION 01 31 14 CHANGE MANAGEMENT to request modifications to the Contract Documents, including those for approval of "or equal" products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. Deviations from the Contract Documents can only be approved by a Modification. C. Complete the certification required by Paragraph 1.03. 1.08 DESIGNER'S RESPONSIBILITIES A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 1.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. Record Data 5246 New Fire Station No. 18 (Bond 2008) 013303-4 11-25-2013 B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 1.02. Document will be given the status of "Filed as Received" and not further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per SECTION 01 33 02 SHOP DRAWINGS. b. The cursory review indicates that the document does not meet the requirements of Paragraph 1.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Record Data 5246 New Fire Station No. 18 (Bond 2008) 013303-5 11-25-2013 01 33 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION 1.00 GENERAL 1.01 WORK INCLUDED A. Provide a video recording of the Site prior to the beginning of construction. 1. Record the condition of all existing facilities in or abutting the construction area (right- of-way) including but not limited to streets, curb and gutter, utilities, driveways, fencing, landscaping, etc. 2. Record after construction staking is complete but prior to any clearing. 3. Provide one copy of the recording, dated and labeled to the OAR before the start of construction. Provide additional recording as directed by the OAR if the recording provided is not considered suitable for the purpose of recording pre-existing conditions. B. Furnish an adequate number of photographs of the Site to clearly depict the completed Project. 1. Provide a minimum of ten different views. 2. Photograph a panoramic view of the entire Site. 3. Photograph all significant areas of completed construction. 4. Completion photographs are not to be taken until all construction trailers, excess materials, trash, and debris have been removed. 5. Employ a professional photographer approved by the OAR to photograph the Project. 6. Provide one aerial photograph of the Site from an angle and height to include the entire Site while providing adequate detail. C. All photographs, video recordings, and a digital copy of this media are to become the property of the Owner. Photographs or recordings may not be used for publication, or public or private display without the written consent of the Owner. 1.02 QUALITY ASSURANCE A. Provide clear photographs and recordings taken with proper exposure. View photographs and recordings in the field and take new photographs or recordings immediately if photos of an adequate print quality cannot be produced or video quality is not adequate. Provide photographs with adequate quality and resolution to permit enlargements. 1.03 DOCUMENT SUBMITTAL A. Submit photographic documentation as Record Data in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. B. Submit two DVDs of the video recording as Record Data in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. Video and Photographic Documentation 5246 New Fire Station No. 18 (Bond 2008) 013305-1 11-25-2013 2.00 PRODUCTS 2.01 PHOTOGRAPHS A. Provide photographs in digital format with a minimum resolution of 1280 x 960, accomplished without a digital zoom. B. Take photographs at locations acceptable to the OAR. C. Provide two color prints of each photograph and a digital copy on a DVD of each photograph taken. D. Identify each print on back with: 1. Project name. 2. Date, time, location, and orientation of the exposure. 3. Description of the subject of photograph. E. Submit photograph in clear plastic sheets designed for photographs. Place only one photograph in each sheet to allow the description on the back to be read without removing the photograph. F. Final photographs are to include two 8 -by -10 -inch glossy color prints for each of ten photographs selected by the OAR. These photographs are in addition to normal prints. 2.02 VIDEO RECORDING A. Provide digital format on DVD that can be played with Windows Media Player in common format in full screen mode. B. Identify Project on video by audio or visual means. C. Video file size should not exceed 400 MB. D. Video resolution shall be 1080p. E. The quality of the video must be sufficient to determine the existing conditions of the construction area. Camera panning must be performed while at rest, do not pan the camera while walking or driving. Camera pans should be performed at intervals sufficient to clearly view the entire construction area. F. DVD shall be labeled with construction stationing and stationing should be called out, voice recorded, in the video. G. The entire construction area recording shall be submitted at once. Sections submitted separately will not be accepted. 3.00 EXECUTION (NOT USED) END OF SECTION Video and Photographic Documentation 5246 New Fire Station No. 18 (Bond 2008) 013305-2 11-25-2013 0140 00 QUALITY MANAGEMENT 1.00 GENERAL 1.01 CONTRACTOR'S RESPONSIBILITIES A. Review the OPT's Quality Management Program and prepare and submit the Contractor's Quality Control Plan. B. Implement the Contractor's Quality Control Plan to control the quality of the Work and verify that the Work meets the standards of quality established in the Contract Documents. 1. Inspect products to be incorporated into the Project. Ensure that Suppliers have adequate quality control systems to ensure that products that comply with the Contract Documents are provided. 2. Integrate quality control measures into construction activities to produce Work which meets quality expectations of the Contract Documents. Inspect the Work of the Contractor, Subcontractors, and Suppliers. Correct Defective Work. 3. Provide and pay for the services of an approved professional materials testing laboratory acceptable to the OPT to provide testing that demonstrates that products proposed in Shop Drawings and Record Data for the Project fully comply with the Contract Documents. 4. Provide facilities, equipment, and Samples required for quality control inspections and tests: a. Give the OAR adequate notice before proceeding with Work that would interfere with inspections or testing; b. Notify the OAR and testing laboratories prior to the time that testing is required, providing adequate lead time to allow arrangements for inspections or testing to be made; c. Do not proceed with any Work that would impact the ability to correct defects or Work that would require subsequent removal to correct defects until testing services have been performed and results of tests indicate that the Work is acceptable; d. Cooperate fully with the performance of sampling, inspection, and testing; e. Provide personnel to assist with sampling or to assist in making inspections and field tests; f. Obtain and handle Samples for testing at the Site or at the production source of the product to be tested; g. Provide adequate quantities of representative products to be tested to the laboratory at the designated locations; h. Provide facilities required to store and cure test Samples; i. Provide calibrated scales and measuring devices for the OPT's use in performing inspections and testing; Quality Management 5246 New Fire Station No. 18 (Bond 2008) 0140 00 - 1 11-25-2013 j. Provide adequate lighting to allow OPT observations; and k. Make Contract Documents available to testing agencies when requested. 5. Provide safe access for all inspection and testing activities, including those to be conducted as part of the OPT's Quality Management Program. 6. Document Defective Work though Certified Test Reports and Defective Work Notices. Document that corrective actions have been taken to correct any defects and that corrected Work is in compliance with the Contract Documents. 7. Apply quality control measures to documentation provided for the Project. 8. Implement countermeasures to prevent future Defective Work. C. Perform tests as indicated in this and other Sections of the Specifications. Technical Specifications govern if any testing and inspection requirements of this Section conflict with the testing and inspection requirements of the technical Specifications. D. All verification testing is to be observed by the OAR or designated representative. E. Send test reports to the Designer. F. Provide an update on quality control activities at monthly progress meetings required by SECTION 01 31 13 PROJECT COORDINATION. G. Owner will withhold payment for Defective Work, or Work that has not been tested or inspected in accordance with the Contractor's Quality Control Plan, the OPT's Quality Control Program, or the Contract Documents. H. Work performed that is connected or adjacent to Defective Work or Work that would have to be removed to correct Defective Work is also considered to be Defective. Contractor is responsible for all cost with replacing any acceptable Work that must be removed, or might be damaged by corrective actions. 1.02 QUALITY MANAGEMENT ACTIVITIES BY THE OPT A. OPT will perform its own quality assurance tests independent of the Contractor's Quality Control Program. Assist the OPT and testing organizations in performing quality assurance activities per Paragraph 1.01. B. Quality assurance testing performed by the OPT will be paid for by the Owner, except for verification testing required per Paragraph 1.07. C. Quality assurance activities of the OPT, through their own forces or through contracts with consultants and materials testing laboratories are for the purpose of monitoring the results of the Contractor's Work to see that it is in compliance with the requirements of the Contract Documents. Quality assurance activities or non-performance of quality assurance activities by the OPT do not: 1. Relieve the Contractor of its responsibility to provide Work or furnish products that conform with the requirements of the Contract Documents; 2. Relieve the Contractor of its responsibility for providing adequate quality control measures; Quality Management 5246 New Fire Station No. 18 (Bond 2008) 0140 00 - 2 11-25-2013 3. Relieve the Contractor of its responsibility for damage to or loss of Work or products before OPT's acceptance; 4. Constitute or imply OPT's acceptance; and 5. Affect the continuing rights of the Owner after OPT's acceptance of the completed Work. D. Work is subject to OPT's quality assurance observations or testing at any time. Products which have been tested or inspected and approved by OPT at a supply source or staging area may be inspected or tested again by the OPT before, during or after incorporation into the Work and rejected if products do not comply with the Contract Documents. 1.03 CONTRACTOR'S USE OF OPT'S TEST REPORTS A. OPT has prepared a Quality Management Plan that describes, in general, the OPT's anticipated quality assurance testing program for this Project. This testing program will be made available to Bidders during the bidding phase. This plan outlines only the testing in general terms and may not reflect actual testing. Actual testing will depend on the Contractors means, methods and procedures of construction which will not be known until the Contractor begins Work and submits their own Quality Control Plan for review. There is no guarantee that all testing will be performed. B. Contractor will receive copies of all test reports documenting OPT's quality assurance activities. Contractor is entitled to rely on the accuracy of these tests results and use these as part of their quality control efforts. C. Contractor is to determine additional testing or inspections that may be required to implement the Contractor's Quality Control Plan. Include cost for additional testing and inspections required to meet Contractors quality control obligations, including the cost for correcting Defective Work in the Contract Price. D. Contractor may submit a Change Proposal if OPT's quality assurance testing program deviates significantly from the OPT's Quality Management Plan, and Contractor can demonstrate that additional cost was incurred to implementing the Contractor's Quality Control Plan resulting from these deviations. 1.04 DOCUMENTATION A. Provide documentation which includes: 1. Contractor's Quality Management Plan that establishes the methods of assuring compliance with the Contract Documents. Submit this plan as a Shop Drawings per SECTION 01 33 02 SHOP DRAWINGS. 2. A Statement of Qualification for any proposed testing laboratories that includes a list of the engineers and technical staff that will provide testing services on the Project, descriptions of the qualifications of these individuals, list of tests that can be performed, equipment used with date of last certification, and a list of recent projects for which testing has been performed with references for those projects. 3. Provide Certified Test Reports for products to be incorporated into the Project. Provide reports to indicate that proposed products comply with the Contract Documents or indicate that proposed products do not comply with the Contract Quality Management 5246 New Fire Station No. 18 (Bond 2008) 0140 00 - 3 11-25-2013 Documents and why it does not comply. Submit these test reports as part of a Shop Drawings submitted per SECTION 01 33 02 SHOP DRAWINGS. 4. Provide Certified Test Reports for inspection and testing required in this Section and in other Specification Sections. Provide reports to indicate that Work complies with the Contract Documents or indicate that Work does not comply with the Contract Documents they are not in compliance and why it does not comply. Submit these test reports on forms provided per SECTION 01 33 00 DOCUMENT MANAGEMENT. 1.05 STANDARDS A. Provide testing laboratories that comply with the American Council of Independent Laboratories (ACIL) "Recommended Requirements for Independent Laboratory Qualifications." B. Perform testing per recognized test procedures as listed in the various Sections of the Specifications, standards of the State Department of Highways and Public Transportation, American Society of Testing Materials (ASTM), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations. 1.06 DELIVERY AND STORAGE A. Handle and protect test specimens of products and construction materials at the Site in accordance with recognized test procedures. Provide facilities for storing, curing, processing test specimens as required by test standard to maintain the integrity of Samples. 1.07 VERIFICATION TESTING FOR CORRECTED DEFECTS A. Provide verification testing on Work performed to correct Defective Work to demonstrate that the Work is now in compliance with the Contract Documents. Document that Defective Work has been corrected and verify that the OAR closes the item in the Defective Work Register. B. Pay for verification testing. OPT may perform verification testing as part of their Quality Management Program and impose a Set-off to recover the cost for this testing. C. Conduct the same tests or inspections used to determine that the original Work was Defective. Different tests or methods may be used if approved by the OPT. 1.08 TEST REPORTS A. Certified Test Reports are to be prepared for all tests. 1. Tests performed by testing laboratories may be submitted on their standard test report forms if acceptable to the OPT. These reports must include the following: a. Name of the Owner, Project title and number and Contractor; b. Name of the laboratory, address, and telephone number; c. Name and signature of the laboratory personnel performing the test; d. Description of the product being sampled or tested; Quality Management 5246 New Fire Station No. 18 (Bond 2008) 014000-4 11-25-2013 e. Date and time of sampling, inspection, and testing; f. Date the report was issued; g. Description of the test performed; h. Weather conditions and temperature at time of test or sampling; i. Location at the Site or structure where the test was taken; j. Standard or test procedure used in making the test; k. A description of the results of the test; I. Statement of compliance or non-compliance with the Contract Documents; and m. Interpretations of test results, if appropriate. 2. Submit reports on tests performed by Contractor, Subcontractors or Suppliers on the forms provided by the OAR. 3. OPT will prepare test reports on test performed by the OPT. B. Send test report to Designer within 24 hours of completing the test. Flag tests reports with results that do not comply with Contract Documents for immediate attention. C. Payment for Work may be withheld until test reports indicate that the Work is not Defective. 1.09 DEFECTIVE WORK A. Immediately correct any Defective Work or notify the OAR why the Work is not to be corrected immediately and when corrective action will be completed. B. No payment will be made for Defective Work. Remove Work from the Application for Payment if Work paid for on a previous Application for Payment is found to be Defective. 1.10 LIMITATION OF AUTHORITY OF THE TESTING LABORATORY A. The testing laboratory representatives are limited to providing testing services and interpreting the results of the test performed. B. The testing laboratory is not authorized to: 1. Alter the requirements of the Contract Documents; 2. Accept or reject any portion of the Work; 3. Perform any of the duties of the Contractor; or 4. Direct or stop the Work. 1.11 QUALITY CONTROL PLAN A. Submit the Contractor's Quality Control Plan for approval as a Shop Drawing per SECTION 01 33 02 SHOP DRAWINGS. Use Contractor's Quality Control Plan Checklist provided to review the document before submitting and include a copy of the completed checklist with the Contractor's Quality Control Plan. Do not begin Work until the Contractor's Quality Control Plan is approved. Submit an interim plan covering only the portion of Work to be Quality Management 5246 New Fire Station No. 18 (Bond 2008) 0140 00 - S 11-25-2013 performed if the Contractor plans to begin Work prior to submitting the Contractor's Quality Control Plan for the Project. Do not begin Work on other parts of the Project until the Contractor's Quality Control Plan is approved or another interim plan covering the additional Work to be started is approved. B. Provide a Contractor's Quality Control Plan that incorporates construction operations at both the Site and production Work at remote locations and includes Work by Subcontractors and Suppliers. The Contractor's Quality Control Plan is to include: 1. A description of the quality control organization, including an organization chart showing lines of authority to control the quality of Work; 2. Documentation describing name, qualifications (in resume format), duties, responsibilities, and level of authority of the Quality Control Manager; 3. The name, qualifications (in resume format), duties, responsibilities, and authorities of other persons assigned a quality control function; 4. Procedures for scheduling, reviewing, certifying, and managing documentation, including documentation provided by Subcontractors and Suppliers; 5. Control, verification, and acceptance testing procedures for each specific test. Include: a. Name of tests to be performed, b. Specification paragraph requiring test, c. Parameters of Work to be tested, d. Test frequency, e. Persons responsible for each test, and f. Applicable industry testing standards and laboratory facilities to be used for the test; 6. Integrate the OPT quality assurance testing into the Contractor's Quality Control Plan, specifically identifying the tests or inspections in Paragraph 1.11.B.5 that will be provided by the OPT as part of their Quality Management Program; 7. Procedures for tracking and documenting quality management efforts. 8. Procedures for tracking Defective Work from initial identification through acceptable corrective action. Indicate how documentation of the verification process for deficiencies will be made. 9. Reporting procedures which incorporate the use of forms provided by the OAR. 10. The name of the proposed testing laboratories along with documentation of qualifications per Paragraph 1.04. C. The Quality Control Manager must have authority to reject Defective Work and redirect the efforts of the Contractor's Team to prevent or correct Defective Work. D. Notify the Designer of any changes to the Contractor's Quality Control Plan or quality control personnel. Quality Management 5246 New Fire Station No. 18 (Bond 2008) 014000-6 11-25-2013 E. Meet with the OPT 7 days after Contractor's Quality Control Plan is submitted and before start of construction to discuss the Contractor's Quality Control Plan and expedite its approval. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION 3.01 IMPLEMENT CONTRACTOR'S QUALITY CONTROL PLAN A. Perform quality control observations and testing as required in each Section of the Specifications and where indicated on the Drawings. B. Includes the following phases for each definable Work task. A definable Work task is one which is separate and distinct from other tasks, has separate control requirements, may be provided by different trades or disciplines, or may be Work by the same trade in a different environment. 1. Planning Phase: Perform the following before beginning each definable Work task: a. Review the Contract Drawings. b. Review documents and determine that they are complete in accordance with the Contract Documents. c. Check to assure that all materials and/or equipment have been tested, submitted, and approved. d. Examine the work area to assure that all required preliminary Work has been completed and complies with the Contract Documents. e. Examine required materials, equipment, and Sample Work to assure that they are on hand, conform to Shop Drawings and Record Data, and are properly stored. f. Review requirements for quality control inspection and testing. g. Discuss procedures for controlling quality of the Work. Document construction tolerances and workmanship standards for the Work task. h. Check that the portion of the plan for the Work to be performed incorporates document review comments. i. Discuss results of planning phase with the OAR. Conduct a meeting attended by the Quality Control Manager, the OAR, superintendent, other quality control personnel as applicable, and the foreman responsible for the Work task. Instruct applicable workers as to the acceptable level of workmanship required in order to meet the requirements of the Contract Documents. Document the results of the preparatory phase actions by separate meeting minutes prepared by the Quality Control Manager and attached to the quality control report. Do not move to the next phase unless results of investigations required for the planning phase indicate that requirements have been met. Quality Management 5246 New Fire Station No. 18 (Bond 2008) 014000-7 11-25-2013 2. Work Phase: Complete this phase after the Planning Phase: a. Notify the OAR at least 24 hours in advance of beginning the Work and discuss the review of the planning effort to indicate that requirements have been met. b. Check the Work to ensure that it is in full compliance with the Contract Documents. c. Verify adequacy of controls to ensure full compliance with Contract Documents. Verify required control inspection and testing is performed. d. Verify that established levels of workmanship meet acceptable workmanship standards. Compare with required Sample panels as appropriate. e. Repeat the Work phase for each new crew to work on-site, or any time acceptable specified quality standards are not being met. 3. Follow-up Phase: Perform daily checks to assure control activities, including control testing, are providing continued compliance with contract requirements: a. Make checks daily and record observations in the quality control documentation. b. Conduct follow-up checks and correct all deficiencies prior to the start of additional Work tasks that may be affected by the Defective Work. Do not build upon nor conceal Defective Work. c. Conduct a review of the Work one month prior to the expiration of the correction period prescribed in the General Conditions with the OPT. Correct defects as noted during the review. C. Conduct additional planning and Work phases if: 1. The quality of on-going Work is unacceptable; 2. Changes are made in applicable quality control staff, on-site production supervision or crews; 3. Work on a task is resumed after a substantial period of inactivity; or 4. Other quality problems develop. END OF SECTION Quality Management 5246 New Fire Station No. 18 (Bond 2008) 014000-8 11-25-2013 01 50 00 TEMPORARY FACILITIES AND CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide temporary facilities, including OPT's field office and the Contractor's field offices, storage sheds, and temporary utilities needed to complete the Work. B. Install and maintain temporary Project identification signs. Provide temporary on-site informational signs to identify key elements of the construction facilities. Do not allow other signs to be displayed. 1.02 QUALITY ASSURANCE A. Provide a total electrical heating and cooling system for the OPT's field office capable of maintaining the following conditions: 1. Heating: Minimum 75 degrees ID temp at 10 degrees ambient. 2. Cooling: Minimum 75 degrees ID temp at 105 degrees ambient. 3. Relative humidity: 48 to 54 percent. B. Inspect and test each service before placing temporary utilities in use. Arrange for all required inspections and tests by regulatory agencies, and obtain required certifications and permits for use. 1.03 DELIVERY AND STORAGE A. Arrange transportation, loading, and handling of temporary buildings and sheds. 1.04 JOB CONDITIONS A. Locate buildings and sheds at the Site as indicated or as approved by the OPT. B. Prepare the Site by removing trees, brush, or debris and performing demolition or grubbing needed to clear a space adequate for the structures. C. Pay for the utilities used by temporary facilities during construction. D. Provide each temporary service and facility ready for use at each location when the service or facility is first needed to avoid delay in the performance of the Work. Provide OPT's field office complete and ready for occupancy and use within 7 days of the Notice to Proceed. E. Maintain, expand as required, and modify temporary services and facilities as needed throughout the progress of the Work. F. Remove services and facilities when approved by the OAR. G. Operate temporary facilities in a safe and efficient manner. 1. Restrict loads on temporary services or facilities to within their designed or designated capacities. 2. Provide sanitary conditions. Prevent public nuisance or hazardous conditions from developing or existing at the Site. Temporary Facilities and Controls 5246 New Fire Station No. 18 (Bond 2008) 015000-1 11-25-2013 3. Prevent freezing of pipes, flooding, or the contamination of water. 4. Maintain Site security and protection of the facilities. 1.05 OPTIONS A. Construction offices may be prefabricated buildings on skids or mobile trailers. B. Storage sheds may be prefabricated buildings on skids or truck trailers. 2.00 PRODUCTS 2.01 TEMPORARY FIELD OFFICES A. The Contractor must furnish the OPT with a field office at the Site. The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30 inches by 60 inches and two chairs. The Contractor shall move the field office on the Site as required by the OAR. The field office must be furnished with a telephone (with 24-hour per day answering service) and fax machine paid for by the Contractor. There is no separate pay item for the field office. B. Furnish a field office of adequate size for Contractor's use. Provide conference room space for a minimum of 15 people. C. Other trades may provide their own offices only when space is available at the Site, and the OPT agrees to its size, condition, and location. D. No monthly partial payments will be processed until OPT's field office facilities are completed and approved. 2.02 TEMPORARY STORAGE BUILDINGS A. Furnish storage buildings of adequate size to store any materials or equipment delivered to the Site that might be affected by weather. 2.03 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities at the Site from the commencement of the Project until Project conclusion. Maintain these facilities in a clean and sanitary condition at all times, and comply with the requirements of the local health authority. On large sites, provide portable toilets at such locations that no point in the Site shall be more than 600 feet from a toilet. B. Use these sanitary facilities. Do not use restrooms within existing or Owner -occupied buildings. 2.04 TEMPORARY HEAT A. Provide heating devices needed to protect buildings during construction. Provide fuel needed to operate the heating devices and attend the heating devices at all times they are in operation, including overnight operations. Temporary Facilities and Controls 5246 New Fire Station No. 18 (Bond 2008) 015000-2 11-25-2013 2.05 TEMPORARY UTILITIES A. Provide the temporary utilities for administration, construction, testing, disinfection, and start-up of the Work, including electrical power, water, and telephone. Pay all costs associated with furnishing temporary utilities. 1. Provide a source of temporary electrical power of adequate size for construction procedures. a. Use existing power systems where spare capacity is available. Provide temporary power connections that do not adversely affect the existing power supply. Submit connections to the OAR for approval prior to installation. b. Provide electrical pole and service connections that comply with Laws and Regulations and the requirements of the power company. 2. Provide telephone service to the Site and install telephones inside the Contractor's and the OPT's field office. 2.06 WATER FOR CONSTRUCTION A. Provide temporary water. Potable water may be purchased from the Owner by obtaining a water meter from the Owner and transporting water from a water hydrant. Non -potable water may be used for hydraulic testing of non -potable basins or pipelines. Include the cost of water in the Contract Price. B. Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre -construction meeting. The Contractor will keep a copy of the Plan on the Site throughout construction. 3.00 EXECUTION 3.01 LOCATION OF TEMPORARY FACILITIES A. Locate temporary facilities in areas approved by the OAR. Construct and install signs at locations approved by the OAR. Install informational signs so they are clearly visible. 3.02 PROJECT IDENTIFICATION AND SIGNS A. The Owner will furnish two Project signs to be installed by the Contractor. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the OAR. 3.03 TEMPORARY LIGHTING A. Provide temporary lighting inside buildings once buildings are weatherproof. B. Provide lighting that is adequate to perform Work within any space. Temporary lights may be removed once the permanent lighting is in service. Temporary Facilities and Controls 5246 New Fire Station No. 18 (Bond 2008) 015000-3 11-25-2013 C. Provide portable flood lights at any time that Work will be performed outside the structure at night. Provide adequate lighting at any location Work is being performed. 3.04 DRINKING WATER A. Provide all field offices with potable water. Provide a dispenser and cooling apparatus if bottled drinking water is provided. B. Pay for water services and maintain daily. 3.05 CONSTRUCTION FENCE A. Install and maintain a construction fence around the Site and off-site storage yards. Fence must be a minimum 6 feet high chain link construction unless shown otherwise. Provide gates with padlocks. 3.06 REMOVAL OF TEMPORARY FACILITIES A. Remove temporary buildings, sheds, and utilities at the conclusion of the Project and restore the Site to original condition or finished in accordance with the Drawings. B. Remove informational signs upon completion of construction. C. Remove Project identification signs, framing, supports, and foundations upon completion of the Project. 3.07 MAINTENANCE AND JANITORIAL SERVICE A. Provide janitorial service (sweeping/mopping) for the OPT's field office on a weekly basis or as requested. Empty trash receptacles daily or as needed. B. Maintain signs and supports in a neat, clean condition. Repair damage to structures, framings, or signs. C. Repair any damage to Work caused by placement or removal of temporary signage. D. Service, maintain, and replace, if necessary, the OPT's field office computer equipment throughout the Project as required by the OPT including replacement cartridges for all office equipment. END OF SECTION Temporary Facilities and Controls 5246 New Fire Station No. 18 (Bond 2008) 015000-4 11-25-2013 01 57 00 TEMPORARY CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide labor, materials, equipment, and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. B. Construct temporary impounding works, channels, diversions, furnishing and operation of pumps, installing piping and fittings, and other construction for control of conditions at the Site. Remove temporary controls at the end of the Project. C. Provide a Storm Water Pollution Prevention Plan (SWPPP) as required by Texas Pollutant Discharge Elimination System (TPDES) General Permit No. TXR150000 for stormwater discharges from construction activities. Comply with all requirements of the Texas Commission on Environmental Quality (TCEQ) and Laws and Regulations. File required legal notices and obtain required permits prior to beginning any construction activity. D. Provide labor, materials, equipment, and incidentals necessary to prevent stormwater pollution for the duration of the Project. Provide and maintain erosion and sediment control structures as required to preventive sediment and other pollutants from the Site from entering any stormwater system including open channels. Remove pollution control structures when no longer required to prevent stormwater pollution. 1.02 QUALITY ASSURANCE A. Construct and maintain temporary controls with adequate workmanship using durable materials to provide effective environmental management systems meeting the requirements of the Contract Documents and Laws and Regulations. Use materials that require minimal maintenance to prevent disruption of construction activities while providing adequate protection of the environment. B. Periodically inspect systems to determine that they are meeting the requirements of the Contract Documents. 1.03 DOCUMENT SUBMITTAL A. Provide documents requiring approval by the OPT as Shop Drawings in accordance with SECTION 01 33 02 SHOP DRAWINGS. B. Provide copies of notices, records, and reports required by the Contract Documents or Laws and Regulations as Record Data in accordance with SECTION 01 33 03 RECORD DATA. 1.04 STANDARDS A. Provide a SWPPP that complies with all requirements of TPDES General Permit No. TXR150000 and any other applicable Laws and Regulations. B. Perform Work to comply with the City of Corpus Christi Code of Ordinances, Part III, Chapter 14, Article X - titled "STORM WATER QUALITY MANAGEMENT PLANS" and any other applicable Laws and Regulations. Temporary Controls 5246 New Fire Station No. 18 (Bond 2008) 015700-1 11-25-2013 1.05 PERMITS A. Submit the following to the TCEQ and the Operator of any Municipal Separate Storm Sewer System (MS4) receiving stormwater discharges from the Site: 1. Notice of Intent (NOI) at least 48 hours prior to beginning construction activity. Construction activity may commence 24 hours after the submittal of an electronic NOI. 2. Notice of Change (NOC) letter when relevant facts or incorrect information was submitted in the NOI, or if relevant information in the NOI changes during the course of construction activity. 3. Notice of Termination (NOT) when the construction Project has been completed and stabilized. B. Post a copy of the NOI at the Site in a location where it is readily available for viewing by the general public and as required by Laws and Regulations prior to starting construction activities and maintain the posting until completion of the construction activities. C. Maintain copies of a schedule of major construction activities, inspection reports, and revision documentation with the SWPPP. 1.06 STORMWATER POLLUTION CONTROL A. Comply with the current requirements of TPDES General Permit No. TXR150000 as set forth by the TCEQ for the duration of the Project: 1. Develop a SWPPP meeting all requirements of the TPDES General Permit. 2. Submit of a Notice of Intent to the TCEQ. 3. Develop and implement appropriate Best Management Practices as established by local agencies of jurisdiction. 4. Provide all monitoring and/or sampling required for reporting to the TCEQ. 5. Submit reports to the TCEQ as required as a condition of the TPDES General Permit. 6. Submit copies of the reports to the Designer as Record Data in accordance with SECTION 01 33 03 RECORD DATA. 7. Retain copies of these documents at the Site at all times for review and inspection by the OPT or regulatory agencies. Post a copy of the permit as required by Laws and Regulations. 8. Assume sole responsibility for implementing, updating, and modifying the TPDES General Permit per Laws and Regulations for the SWPPP and Best Management Practices. B. Use forms required by the TCEQ to file the Notice of Intent. Submit the Notice of Intent at least 2 days prior to the start of construction. Develop the SWPPP prior to submitting the Notice of Intent. Provide draft copies of the Notice of Intent, SWPPP, and any other pertinent TCEQ submittal documents to Owner for review prior to submittal to the TCEQ. C. Return any property disturbed by construction activities to either specified conditions or pre -construction conditions as set forth in the Contract Documents. Provide an overall erosion and sedimentation control system that will protect all undisturbed areas and soil Temporary Controls 5246 New Fire Station No. 18 (Bond 2008) 015700-2 11-25-2013 stockpiles/spoil areas. Implement appropriate Best Management Practices and techniques to control erosion and sedimentation and maintain these practices and techniques in effective operating condition during construction. Permanently stabilize exposed soil and fill as soon as practical during the Work. D. Assume sole responsibility for the means, methods, techniques, sequences, and procedures for furnishing, installing, and maintaining erosion and sedimentation control structures and procedures and overall compliance with the TPDES General Permit. Modify the system as required to effectively control erosion and sediment. E. Retain copies of reports required by the TPDES General Permit for 3 years from date of Final Completion. 1.07 POLLUTION CONTROL A. Prevent the contamination of soil, water, or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air -borne pollutants. Prevent dispersal of pollutants into the atmosphere. Do not dump or otherwise discharge noxious or harmful fluids into drains or sewers, nor allow noxious liquids to contaminate public waterways in any manner. B. Provide equipment and personnel and perform emergency measures necessary to contain any spillage. 1. Contain chemicals in protective areas and do not dump on soil. Dispose of such materials at off-site locations in an acceptable manner. 2. Excavate contaminated soil and dispose at an off-site location if contamination of the soil does occur. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil. 3. Provide documentation to the Owner which states the nature and strength of the contaminant, method of disposal, and the location of the disposal site. 4. Comply with Laws and Regulations regarding the disposal of pollutants. C. Groundwater or run-off water which has come into contact with noxious chemicals, sludge, or sludge -contaminated soil is considered contaminated. Contaminated water must not be allowed to enter streams or water courses, leave the Site in a non -contained form, or enter non -contaminated areas of the Site. 1. Pump contaminated water to holding ponds constructed by the Contractor for this purpose, or discharge to areas on the interior of the Site, as designated by the OAR. 2. Construct temporary earthen dikes or take other precautions and measures as required to contain the contaminated water and pump to a designated storage area. 3. Wash any equipment used for handling contaminated water or soil within contaminated areas three times with uncontaminated water prior to using such equipment in an uncontaminated area. Dispose of wash water used to wash such equipment as contaminated water. Temporary Controls 5246 New Fire Station No. 18 (Bond 2008) 015700-3 11-25-2013 1.08 EARTH CONTROL A. Remove excess soil, spoil materials, and other earth not required for backfill at the time of generation. Control stockpiled materials to eliminate interference with Contractor and Owner's operations. B. Dispose of excess earth off the Site. Provide written approval from the property owner for soils deposited on private property. Obtain approval of the Owner if this disposal impacts the use of Site or other easements. 1.09 MANAGEMENT OF WATER A. Manage water resulting from rains or ground water at the Site. Maintain trenches and excavations free of water at all times. B. Lower the water table in the construction area by acceptable means if necessary to maintain a dry and workable condition at all times. Provide drains, sumps, casings, well points, and other water control devices as necessary to remove excess water. C. Provide continuous operation of water management actions. Maintain standby equipment to provide proper and continuous operation for water management. D. Ensure that water drainage does not damage adjacent property. Divert water into the same natural watercourse in which its headwaters are located, or other natural stream or waterway as approved by the Owner. Assume responsibility for the discharge of water from the Site. E. Remove the temporary construction and restore the Site in a manner acceptable to the OAR and to match surrounding material at the conclusion of the Work. 1.10 DEWATERING A. This item is considered subsidiary for all dewatering methods other than "well pointing" to the appropriate bid items as described in the Bid Form where dewatering is needed to keep the excavation dry, as approved by the Designer, and shall include all costs to provide a dry foundation for the proposed improvements. B. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. C. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and/or settling prior to entering a storm water conduit or inlet. D. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharges groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream, the [Corpus Christi Bay] [Oso Creek] [Laguna Madre] [CC Ship Channel]. E. Testing of groundwater quality is to be performed by the Owner, at the Owner's expense, prior to commencing discharge and shall be retested by the Owner, at the Owner's Temporary Controls 5246 New Fire Station No. 18 (Bond 2008) 015700-4 11-25-2013 expense, a minimum of once a week. Contractor shall coordinate with the Owner on all testing. Tests will also be performed as each new area of construction is started. F. Another option for disposal of groundwater by Contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Designer on a case by case basis. G. Prior to Pumping groundwater from a trench to the sanitary sewer system the Contractor shall contact [Tilo Schmidt, Wastewater Pre-treatment Coordinator at 826-1817] to obtain a "no cost" permit from the Owner's Waste Water Department. Owner will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit overnight, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. 1.11 DISPOSAL OF HIGHLY CHLORINATED WATER A. Dispose of water used for testing, disinfection, and line flushing. Comply with Owner's requirements and Laws and Regulation regarding the disposal of contaminated water, including water with levels of chlorine, which exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. Comply with the requirements of all regulatory agencies in the disposal of all water used in the Project. Include a description and details for disposal of this water in a Plan of Action per SECTION 01 35 00 SPECIAL PROCEDURES. Do not use the Owner's sanitary sewer system for disposal of contaminated water. 1.12 WINDSTORM CERTIFICATION A. All affected materials and installation shall comply with Texas Department of Insurance Requirements for windstorm resistant construction for design wind speed as required by IBC 2009. Contractor shall be responsible for contracting with a licensed structural engineer in the State of Texas to perform all inspections and provide documentation for windstorm certification to the Texas Board of Insurance. The Contractor shall be responsible for providing all necessary design/assembly documentation for all new windows, doors, louvers, etc. to the windstorm engineer/inspectors required to conform with the requirements of the Texas Department of Insurance. 2.00 PRODUCTS 2.01 MATERIALS A. Provide materials that comply with Laws and Regulations. 3.00 EXECUTION 3.01 CONSTRUCTING, MAINTAINING AND REMOVING TEMPORARY CONTROLS A. Construct temporary controls in accordance with Laws and Regulations. Temporary Controls 5246 New Fire Station No. 18 (Bond 2008) 015700-5 11-25-2013 B. Maintain controls in accordance with regulatory requirements where applicable, or in accordance with the requirements of the Contract Documents. C. Remove temporary controls when no longer required, but before the Project is complete. Correct any damage or pollution that occurs as the result of removing controls while they are still required. END OF SECTION Temporary Controls 5246 New Fire Station No. 18 (Bond 2008) 015700-6 11-25-2013 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS 1.00 GENERAL 1.01 WORK INCLUDED A. Comply with requirements of the General Conditions and specified administrative procedures in closing out the Contract. 1.02 DOCUMENT SUBMITTAL A. Submit certifications and releases on forms provided. 1.03 SUBSTANTIAL COMPLETION A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. 1.04 FINAL INSPECTION A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and Execution and Closeout Requirements 5246 New Fire Station No. 18 (Bond 2008) 01 70 00 - 1 11-25-2013 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 1.06 if notified that the Project is complete and the Work is acceptable. 1.05 REINSPECTION FEES A. Owner may impose a Set-off against the Application for Payment in accordance with the General Conditions to compensate the OPT for additional visits to the Project if additional Work is required. 1.06 CLOSEOUT DOCUMENTS SUBMITTAL A. Record Documents per SECTION 01 31 13 PROJECT COORDINATION. B. Warranties and bonds. C. Equipment installation reports on equipment. D. Shop Drawings, Record Data, and other documents as required by the Contract Documents. E. Evidence of continuing insurance and bond coverage as required by the Contract Documents. F. Final Photographs per SECTION 01 33 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION. 1.07 TRANSFER OF UTILITIES A. Transfer utilities to the Owner when the Certificate of Substantial Completion has been issued and the Work has been occupied by the Owner. B. Submit final meter readings for utilities and similar data as of the date the Owner occupied the Work. 1.08 WARRANTIES, BONDS, AND SERVICES AGREEMENTS A. Provide warranties, bonds, and service agreements required by SECTION 01 33 02 SHOP DRAWINGS or by the individual Specification Sections. B. The date for the start of warranties, bonds, and service agreements is established per the General Conditions. C. Compile warranties, bonds, and service agreements and review these documents for compliance with the Contract Documents. Execution and Closeout Requirements 5246 New Fire Station No. 18 (Bond 2008) 017000-2 11-25-2013 1. Provide a log of all equipment covered under the 1 year correction period specified in the General Conditions and all products for which special or extended warranties or guarantees are provided. Index the log by Specification Section number on forms provided. Include items 2.e through 2.g below in the tabulation. 2. Provide a copy of specific warranties or guarantees under a tab indexed to the log. Each document is to include: a. A description of the product or Work item; b. The firm name, with the name of the principal, address, and telephone number; c. Signature of the respective Supplier or Subcontractor to acknowledge existence of the warranty obligation for extended warranties and service agreements; d. Scope of warranty, bond, or services agreement; e. Indicate the start date for the correction period specified in the General Conditions for each product and the date on which the specified correction period expires. f. Indicate the start date for extended warranties for each product and the date on which the specified extended warranties period expires. g. Start date, warranty or guarantee period, and expiration date for each warranty bond and service agreement; h. Procedures to be followed in the event of a failure; and i. Specific instances that might invalidate the warranty or bond. D. Submit digital copies of the documents to the Designer for review. E. Submit warranties, bonds and services agreements within 10 days after equipment or components placed in service. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Execution and Closeout Requirements 5246 New Fire Station No. 18 (Bond 2008) 017000-3 11-25-2013 ADDENDUM NUMBER 3 RFQ 2016-02 Construction Manager -At -Risk Services Project: for the City of Corpus Christi New Fire Station No. 18 RFQ Number: 2016-02 (Bond 2008) Owner: City of Corpus Christi City J. H. Edmonds, P.E. Engineer: Designer: N/A Addendum No. 03 Specification Section: Issue Date: March 30, 2016 Acknowledge receipt of this Addendum in the SOQ Transmittal Form Exhibit "C". 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 Name Date 5-/'6 Addendum Items: Questions and Answers END OF ADDENDUM NO.3 Addendum No. 03 RFQ 2016-02 ADDENDUM NO. 3 REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-02 CONSTRUCTION MANAGER -AT -RISK SERVICES FOR THE CITY OF CORPUS CHRISTI NEW FIRE STATION NO. 18 (BOND 2008) QUESTIONS ANSWERS 1. Question: Is this project open to GC bidding? If it is, how can I get a link to the plans and specifications? Answer: This is a Construction Manager -At -Risk Project. All GC's are encouraged to submit qualifications as per the RFP. Short-listed teams (Respondents) will be provided detailed plans and specifications. 2. Question: Is the Contractor responsible for the Public Art required under City Ordinance? Answer: Yes. The contractor must include in their proposal the cost for the Public Art (1.25% of the construction cost). The Architect of Record (Chuck Anastos Associates, LLC) will provide design under separate contract. This will be further addressed in the Phase of this RFP with those respondents short listed in Phase 1 (this phase) and invited to participate in Phase 2. ADDENDUM NO. 3 RFQ NO. 2016-02 Page 1 of 1 ADDENDUM NUMBER 2 RFQ 2016-02 Construction Manager -At -Risk Services Project: for the City of Corpus Christi New Fire Station No. 18 RFQ Number: 2016-02 (Bond 2008) Owner: City of Corpus Christi City J. H. Edmonds, P.E. Engineer: _ Designer: N/A Addendum No. 02 Specification Section: Issue Date: March 22, 2016 Acknowledge receipt of this Addendum in the SOQ Transmittal Form Exhibit "C". 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. A N.me Dafe Addendum Items: Pre -Submittal Sign -In Sheet Pre -Submittal Meeting PowerPoint Presentation END OF ADDENDUM NO.2 Addendum No. 02 RFQ 2016-02 REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-02 CITY OF COPRUS CHRSITI CONSTRUCTION MANAGER -AT -RISK SERVICES NEW FIRE STATION NO.18 PRE -SUBMITTAL MEETING SIGN -IN SHEET March 18 2016 11:00 AM City Hall Council Chambers ICIENGIMERINGIRFOSIRFO NO 201402 FIRE STATION 1612 PRESUBWTTAL ItETING1201403.16 PRESUBLIM AL MEERNO MANDA1ORYISION-FM SHEET FOR PRESUBM01 AI. MEE 1NGDOG REPRESENTATIVE BUSINESS NAME EMAIL! PHONE NUMBER 1 Jvie. L Gr,,,,,,,L CC F6 JP.S e ta G cc Ziac•rs. av1--- 361- 514 - ”2-0, 2 mixt Dac 5 aC rG6nA s G T 1L1 & GC5 Gr vt 1- GO j.eC s . [c 063933 -(3501 4 'D COI d.,7 CiCgz. AtCW1Dit tiiki 1 �l N34 Gcx d (11"ez`e a- [110, i'v�` � c i'n . t (7-4'°) Cpl. '$ S 5 17i:48-1-464-1/NA i �C / - 1 vLraN - [�• "j'4,1:3 r94 -k m;;i e4o 1la4 ,l 7 4431 -3 ea. r -- q4 *� 001'• 0) -01:4, 6 loinef- i!e,(10 co CCL a1 jane+ 1/.@ cci-eiast . ca Yz L - 3 La 3 ICIENGIMERINGIRFOSIRFO NO 201402 FIRE STATION 1612 PRESUBWTTAL ItETING1201403.16 PRESUBLIM AL MEERNO MANDA1ORYISION-FM SHEET FOR PRESUBM01 AI. MEE 1NGDOG REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-02 CITY OF COPRUS CHRSITI CONSTRUCTION MANAGER -AT -RISK SERVICES NEW FIRE STATION NO. '18 PRE -SUBMITTAL MEETING SIGN -IN SHEET March 18, 2016, 11:00 AM City Hall Council Chambers MENOINEER14G RFQSRFQ NO. 201642 FIRE STATION 1012 PRE -SUBMITTAL MEETING52016-0340 PRESUBMIITAL MEETING MANDATORY SIGN4N SHEET FOR PRE-SUBWT AL MEETING DOC BUSINESS NAME REPRESENTATIVE EMAIL 1 PHONE NUMBER -13.5_ (,E,„„„..cs---c,,,_ M�� ►1N1 wet,- 5--eg-I. 4. '5 G -LK -x -k -Q 3&-1Pr 'S , 'l7 j (4; e;,5kct-ii"(tViriAtt• c`b lei06P6 KNOwest.f\-- it`(\ Pc11-Ard -",\z; Sot -105- tV i-1 vac man t\ -C°6- Car5050I-E,61- )?QQc(fl I- ibs^ k c 05hns6 Ica teo m CC 5c-Q1i0 10 C i '7 �V1 tAeeYi•A _ `V.e\YVk4 pew Ve\ map CC xAG.Efr IN CaPO cii9?Ip - S3 11 c#k F,A0p-I �.e�`09 'Q Y gmeyvvoL4r (34sgo5 12 F:Afpee "0,i.A1 Jbh Y1 tk-P 8 CO- a1S.LD MENOINEER14G RFQSRFQ NO. 201642 FIRE STATION 1012 PRE -SUBMITTAL MEETING52016-0340 PRESUBMIITAL MEETING MANDATORY SIGN4N SHEET FOR PRE-SUBWT AL MEETING DOC REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-02 CITY OF COPRUS CHRSITI CONSTRUCTION MANAGER -AT -RISK SERVICES NEW FIRE STATION NO.18 PRE -SUBMITTAL MEETING SIGN -IN SHEET March 18, 2016, 11:00 AM City Hall Council Chambers I004G NEERINGIRFOSIRFO HO. 2016-02 FIRE STATION 1812 PRESUBIR TAL I ETINGG20l6-03-I PRESU8&TiAL 'AMMO IMHOATORIASIGH1H SHEET FOR PRESUUMI1 TAl 1EETINODOC BUSINESS NAME REPRESENTATIVE EMAIL ! PHONE NUMBER 13 Ch Ile V- QHS" jS k'socca-�PS Chi iasis C01DI inCaVGV1 e a D1. Ccxv ,(.01)ciSgLi - LILI'D-r-- 14 15 1B 17 18 I004G NEERINGIRFOSIRFO HO. 2016-02 FIRE STATION 1812 PRESUBIR TAL I ETINGG20l6-03-I PRESU8&TiAL 'AMMO IMHOATORIASIGH1H SHEET FOR PRESUUMI1 TAl 1EETINODOC Corpus Chr ski Engineering REQUEST FOR QUALIFICATIONS NO. 2016-02 CONSTRUCTION MANAGER -AT -RISK CITY OF CORPUS CHRISTI NEW FIRE STATION NO. 18 Pre -Submittal Meeting March 18, 2016 PRESENTATION OVERVIEW 1. Project Scope and Budget/Administratively Complete 2. RFQ Requirements and Evaluation Steps 3. Anti -Lobbying Provisions 4. Clarifications 5. Key Dates Corpus Chr sti Engineering Scope and Budget Corpus Chrsti Engineering Project Scope Project Budget The City of Corpus Christi (City) is soliciting Construction qualifications from interested parties (Respondent) Cost Estimate to serve as the City's general contractor for the $1,800,000 Project to provide the consultation and construction services. The City of Corpus Christi (City) intends to enter into a competitively -procured Construction Manager at Risk (CMAR) contract to provide services for the construction of Fire Station No. 18 at the corner of Saratoga Boulevard and Ayers Street. 3 Administratively Complete Corpus Chr sti Engineering The following will be cause to disqualify the submittal administratively: • SOQ is not signed by an individual empowered to bind the Respondent; • Respondent fails to complete and sign Exhibit "C" SOQ Transmittal Form; • Respondent fails to comply with Exhibit "E" Mandatory Requirements; • Respondent fails to comply with Exhibit "F" Anti -Lobbying Provisions; • Respondent fails to submit to City Secretary's Office the completed SOQ by the specified time; • Respondent fails to acknowledge receipt of Addenda; • SOQ received from a Respondent who is currently debarred or suspended by Federal, State or City governmental agencies; and • If short-listed, Respondent fails to attend assigned Step 4 (see below), PRESENTATION AND INTERVIEW, at the appointed time. 4 RFQ Requirements Corpus Chr sti Engineering Submit RFQ Package that includes the following: ✓ Respondent is responsible for the submittal being received and time stamped no matter what method of delivery is utilized. ✓ Statement of Qualifications (20 page max) - 2 hard copies & 2 CDs ✓ Letter of Interest (2 -page max from Respondent; 1 -page max from Subconsultant) ✓ Completed and Signed, Exhibit "C" SOQ Transmittal Form RFQ Package must be received and time stamped in City Secretary's Office, 1$t Floor City Hall by Friday. April 8, 2016. 2:00 PM. Evaluation Steps STEP 1: City will verify administratively complete submittals and post to website STEP 2: City review and evaluation of SOQ > Qualifications > Experience > Project Approach and Management Plan > Historically Underutilized Business Participation ➢ Other Required Documents STEP 3: Request for Proposal STEP 4: Presentation and Interview STEP 5: Selection of CMAR Max 0 Points Max 40 points (Max 10 points) (Max 15 points) (Max 15 points) (Max 0 points) (Max 0 points) Max 60 points Max 0 points Max 100 points Corpus Chr sti Engineering 6 Anti -Lobbying Provisions Corpus Chr sti Engineering Respondent's officers, employees, or agents, each and every one, shall comply with the Anti -Lobbying Provisions of this RFQ (See Exhibit "F") 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. Clarifications Corpus Chr sti Engineering 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. RFQ Schedule Corpus Chr sty Engineering Friday 26 -Feb -2016 Upload RFQ solicitation on CivCast at www.civcastusa. com. Friday Tuesday 22 -Mar -2016 18 -Mar -2016 MANDATORY Pre -Submittal Meeting with Respondents. Upload Summary of Pre -Submittal Meeting on CivCast at www.civcastusa.com. Friday 25 -Mar -2016 Deadline for written RFQ questions on CivCast at 12:00 PM www.civcastusa.com. Friday 08 -Apr -2016 Deadline for RFQ Submission to City Secretary's Office. 2:00 PM Thursday 21 -Apr -2016 Monday 02 -May -2016 Wednesday 11 -May -2016 Thursday 26 -May -2016 Thursday 02 -Jun -2016 City posts list of Respondents indicating verification of "administratively complete" submittals. Notification of short-listed Respondents and request for Proposal. Submittal of sealed Proposal. Presentations & Interviews of short-listed Respondents. Deadline for Respondent selection recommendation to City Manager. 9 Corpus Chr sti Engineering Request for Qualifications is available on CivCast at: www.civcastusa.com Questions must be in writing and submitted via CivCast at: www.civcastusa.com Questions must be received by Friday. March 25. 2016. 12:00 PM. ADDENDUM NUMBER 1 RFQ 2016-02 Construction Manager -At -Risk Services Project: for the City of Corpus Christi New Fire Station No. 18 (Bond 2008) Owner: City of Corpus Christi City J. H. Edmonds, P.E. Engineer: Designer: N/A Addendum No. 01 Specification Section: RFQ Number: 2016-02 Issue Date: March 4, 2016 Acknowledge receipt of this Addendum in the SOQ Transmittal Form Exhibit "C". 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: J. H. Ed • P. E. (&Q) `f Mia/ Name V (J / Date Addendum Items: 1. RFQ NO. 2016-02 2. EXHIBIT "G" PROJECT SCHEDULE END OF ADDENDUM NO. 1 Addendum No. 01 RFQ 2016-02 ADDENDUM NO. 1 RFQ NO. 2016-02 Page 1 of 1 ADDENDUM NO. 1 REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-02 CONSTRUCTION MANAGER -AT -RISK SERVICES FOR THE CITY OF CORPUS CHRISTI NEW FIRE STATION NO. 18 (BOND 2008) I. INTRODUCTION A MANDATORY Pre -Submittal Meeting with interested Respondents to discuss the requirements of this RFQ will be held on Friday, March 18, 2016, City Hall Council Chambers, at 11:00 AM. Persons who are interested and any Respondents are encouraged to attend this mandatory meeting. Information provided at this meeting will be posted in an addendum at www.civcastusa.com by March 22, 2016. CITY'S ARCHITECT/ENGINEER The City's architect or engineer for the Project or an entity related to the City's architect or engineer may not serve, alone, or in combination with another person as the Construction Manager -at - Risk. An entity is considered related to the architect or engineer if the entity is a sole proprietorship, corporation, partnership, limited liability company, or other entity that is a subsidiary, parent corporation, or partner, or has any other relationship in which the City's architect or engineer has an ownership interest, or is subject to common ownership or control, or is a party to an agreement by which it will receive any proceeds of the Construction Manager -at -Risks' payments from the City. ADDENDUM NO. 1 EXHIBIT "G" PROJECT SCHEDULE REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-02 CONSTRUCTION MANAGER -AT -RISK SERVICES FOR THE CITY OF CORPUS CHRISTI NEW FIRE STATION NO. 18 (BOND 2008) Friday 26 -Feb -2016 Upload RFQ solicitation on CivCast at www.civcastusa.com Friday 18 -Mar -2016 MANDATORY Pre -Submittal Meeting with Respondents Tuesday 22 -Mar -2016 Upload Summary of Pre -Submittal Meeting on CivCast at www.civcastusa.com Friday 25 -Mar -2016 12:00 PM Deadline for written RFQ questions on CivCast at www.civcastusa.com Friday 08 -Apr -2016 2:00 PM Deadline for RFQ Submission to City Secretary's Office Thursday 21 -Apr -2016 City posts list of Respondents indicating verification of "administratively complete" submittals Monday 02 -May -2016 Notification of short-listed Respondents and request for Proposal Wednesday 11 -May -2016 Submittal of sealed Proposal Thursday 26 -May -2016 Presentations & Interviews of short-listed Respondents Thursday 02 -Jun -2016 Deadline for Respondent selection recommendation to City Manager ADDENDUM NO. 1 RFQ NO. 2016-02 EXHIBIT "G" Page 1 of 1 Building success, one job at a time. 6/29/16 TO: City of Corpus Christi Attn: Jerry Shoemaker 1201 Leopard St. Corpus Christi, TX Proposal BARCOM CONSTRUCTION, INC. 5826 Bear Lane Corpus Christi, Texas 78405 361-851-1000 361-851-1717 fax barcom.cc PROJECT: Fire Station 18 Ayers & Saratoga Corpus Christi, TX Technical Proposal's assumed scope of work based upon the 60% plans: • Proposal includes 270 calendar days from start of construction to completion of project • SWPP to include silt fence and Inlet protection (Existing driveway to be utilized as construction entrance) • Grub entire site 6" • Import common fill to build up drive way and building portion to create proper drainage to front of property • 5' Building pad to include a 2' cut and 5' • 6' lime stabilization beneath all concrete paving • 6':'" Concrete paving at driveways tying into existing entrance drive • Curbs and sidewalks per plan (Concrete patio to be regular 4- sidewalk paving) • Expansion joints per plans • Saw cut and joint sealant per plans • Concrete Paving in -lieu of Asphalt at Parking lot • Striping, Wheel Stops, and handicap signage • 6" Sanitary Sewer and tie into existing (Plans say to verify depth of existing line to insure adequate slope. Could not find existing manhole in brush. Proposal is based on the assumption that we have adequate slope and tie-in at manhole where indicated) • Water line and tap from the East side of Ayers St. • 6' Fire line with backflow preventer • 1 new fire hydrant • 6" Chain-link fencing around AC Yard • Landscaping per plans • Landscaping allowance included ($20,000) • Concrete Foundation per plans • All Reinforcement • Miscellaneous concrete: AC Yard, Generator Pad • Polished Concrete per finish schedule • ICF Exterior walls per plans • Exterior bollards per plans • Steel roof construction, roof deck, joists, angles, columns, and embeds • Miscellaneous blocking • PLAM millwork to include wood shelves, kitchen cabinets and countertops, pantry cabinet, lavatory countertop, workstation, and restroom countertop • PVC Roofing • Scuppers and downspouts (Front downspouts will not tie into storm, but drain to front of property) • Non insulated sectional doors, 24 gauge, standard colors, motor operated, windstorm rated • Steel doors and frames with standard hardware • Kawneer clear anodized storefront systems with in house shop drawings • FulI height mirrors along south wall in the Exercise Room • Plaster finish of entire exterior of building • Interior gypsum board on metal studs with batt insulation (walls to go 6" above ceiling) • Cubicle sleeping walls to be gypsum board and metal studs • Hardi ceilings where indicated • Plaster finish throughout garage parking area to attach straight to ICF Wall • Acoustical ceilings per plans • Rubber flooring, VCT, and base (all standard material) • Ceramic tile in men's and women's restrooms (floors and walls) • Exterior mosaic tile ($5 per sf figured for material) • Latex paint to include metal deck, drywall, doors and frames • Sealed concrete per finish schedule • Way finding signage ($900 Allowance) • Toilet partitions and toilet accessories per plans (all standard) • Curtain and track at sleeping corridors • Fire extinguisher cabinets • Flagpole • 20 Gear lockers in Apparatus Bay • Pre-engineered canopies over doors where indicated • Water pump and fountain ($5,000 allowance figured in proposal) • Bulletin board, marker board, chalk board, display case • HVAC system as indicated • Plumbing as indicated • Electrical system to include gas fired generator • Fire Sprinkle building per code • Fire Alarm system 5826 BEAR LANE CORPUS CHRISTI, TEXAS 78405 PH.: (361) 851-1000 FAX: (361) 851-1717 WWW.BARCOM.CC Exclusions: • Fixtures on sheet 16 of 42 #101-109 & #301-306 • Any utility work past property line • RCP and outfalls at front entrance (Not needed) • Waxing of VCT • Data or telephone wiring • Permit cost (shouldn't be required for a city project) • Asphalt (we have included concrete instead) • Storm Sewer (not shown on plans) • Hose Rack (no longer utilized in facilities) • Art Allowance Potential Cost Information: After review of the plans, reviewing cost information from subcontractors/suppliers and looking at the proposed site, we feel that the budget allotted for the project is within 4% of the proposed budget (not including the alternates). Below are some changes that can be considered to lower the construction cost and hit the desired budget. 1. Revise the site grading and finish floor height to make the site balance and eliminate import of general fill. -$44,000.00 2. Deduct the two columns and associated foundation at the larger pre- engineered canopy. -$8,958.00 3. Deduct full height mirrors at the south wall of the Exercise Room. -$3,700.00 4. Deduct polished concrete as shown on the finish schedule, utilize standard grade VCT. -$10,000.00 5. Deduct interior plaster at the Apparatus Area and utilize painted Hardi board. -$7,720.00 6. Deduct submerged wet well/fountain allowance. -$5,000.00 7. Mirror the building at the center line of the Apparatus Room, relocate parking to either side of the turn -around loop, and push the building closer to Ayers Street. This would reduce utility line length, site grading, concrete paving, sidewalks and overall footprint of the facility. Cost impact is unknown until further discussion with design team. 5826 BEAR LANE CORPUS CHRISTI, TEXAS 78405 PH.: (361) 851-1000 FAx: (361) 851-1717 W W W.BARCOM.CC Pricing Data: 1. Home Office Overhead & Profit Rate: 3.75% 2. Field Office Overhead Rate: 5.5% 3. Bond Rates a. Payment Bonds: .9% b. Performance Bonds: .5% We Acknowledge Addendum 1 dated 6/22/16 and Addendum 2 dated 6/23/16. Dave Hoffman 6/29/16 5826 BEAR LANE CORPUS CHRISTI, TEXAS 78405 PH.: (361) 851-1000 FAX: (361) 851-1717 W W W.BARCOM.CC ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 10/14/2016 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 Higginbotham Insurance Agency, Inc. dba Swantner & Gordon Insurance Agency, LLC PO Box 870 Corpus Christi TX 78403-0870 INSURED Barcom Construction, Inc. Barcom Commercial, Inc. 5826 Bear Lane Corpus Christi TX 78405 BARCO6 CONTACT Renee Terrell NAME: PHONE 361-561-4237 (AIC, No, Ext)' E-MAIL ADDRESS' rterrell@higginbotham.net I (FAAIC. Nop 361-844-0101 INSURER(S) AFFORDING COVERAGE INSURER A:Valley Forge Insurance Company 20508 INSURER B :Westchester Fire Insurance Company 21121 NAIC # INSURER C : Transportation Insurance Company (20494 INSURER D :Continental Casualty Company INSURER E :Travelers Property Casualty Co of A INSURER F : 20443 25674 COVERAGES CERTIFICATE NUMBER: 354092288 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTANDING 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. ILTR TYPE OF INSURANCE AINSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDOrYYW) (MMIDDIYYW) C x COMMERCIAL GENERAL LIABILITY 04034064756 9/12/2016 9/12/2017 EACH OCCURRENCE 51,000,000 CLAIMS -MADE I X i OCCUR DAMAGE PREM SESOWENTE(Ea occurrence) $100,000 MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X jECT 1 I LOC PRODUCTS-COMP/OPAGG 52,000,000 OTHER: 5 D AUTOMOBILE LIABILITY C4034064790 9/12/2016 9/12/2017 COMBINED tSINGLE LIMIT 51,000,000 X ANY AUTO BODILY INJURY (Per person) S — ALL OWNED ^ SCHEDULED BODILY INJURY (Per accident) S - X HIRED AUTOS X NON -OWNED -PROPERTY DAMAGE (Per accident) $ ^AUTOS S E X UMBRELLA LIAB X OCCUR • ZUP91M1439A16NF 9/12/2016 9/12/2017 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $15,000,000 DED X RETENTION 510,000 5 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC434064773 ' 9/12/2016 9/12/2017 X STATUTE ! ERH ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N Y E.L. EACH ACCIDENT S 1,000,000 N / A OFFICER/MEMBER EXCLUDED (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S1,000,000 If yes. describe under DESCRIPTION OF OPERATIONS below E L. DISEASE - POLICY LIMIT S 1,000,000 B I Builders Risk 121081838005 9/12/2016 9/12/2017 Location S7,000,000 Occurrence S10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) See Attached... CERTIFICATE HOLDER CANCELLATION City of Corpus Christi P.O. Box 9277 Corpus Christi TX 78469-9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AC D AGENCY CUSTOMER ID: BARCO6 LOC #: ADDITIONAL REMARKS SCHEDULE Page = of 1 AGENCY Higginbotham Insurance Agency, Inc. NAMED INSURED Barcom Construction, Inc. Barcom Commercial, Inc. 5826 Bear Lane Corpus Christi TX 78405 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Contractor's General Liability Extension Endorsement CNA74705XX 01/15). General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. (Blanket Additional Insured - Owners, Lessees or Contractors - With Products -Completed Operations Coverage - Form CNA75079XX 01/15). General Liability policy includes a primary & non-contributory provision only when there is a written contract between the insured and certificate holder that requires such provision. (Contractor's General Liability Extension Endorsement CNA74705XX 01/15). Auto Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Contractors Extended BA Plus Coverage Endorsement - Form CNA63359XX 04/12). Auto Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. (Texas Additional Insured - Form CA2048 10/13) Workers' Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Texas Waiver of Our Right to Recover from Others Endorsement - Form WC 42 03 04B 06/14). Executive Officers, David & Elaine Hoffman, are excluded under the Workers' Compensation policy. (Partners, Officers and Others Exclusion - Form WC420308 01/97). Umbrella policy follows the terms, definitions, conditions & exclusions of the Scheduled Underlying General Liability, Auto Liability and Employers Liability Insurance. (Specialty Commercial Umbrella Liability Policy - Form SU001 02/14). Contractors Professional Liability and Pollution Incident Liability Policy info: Columbia Casualty, Policy# CZB288296539, 11/14/15-16, $2,000,000 Each Claim / $2,000,000 Aggregate. Contractors Professional Liability and Pollution Incident Liability Policy includes Waiver of Subrogation - Form G-130914 02/11. Employee Theft policy with Travelers Casualty & Surety Company of America, Policy# 105677128, 09/12/16-17, $1,000,000 Per Occurrence Limit. RE: New Fire Station No. 18, City of Corpus Christi Project ID No. 140232 ACORD 101 (2008/01) 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability - Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage - Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation — Blanket 26. Wrap -Up Extension: OCIP CCIP, or Consolidated (Wrap -Up) Insurance Programs CNA74705XX (1-15) Page 1 of 17 TRANSPORTATION INSURANCE COMPANY Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 4034064756 Endorsement No: 1 Effective Date: 09/12/2016 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX (1-15) Policy No: 4034064756 Page 2 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74705XX (1-15) Policy No: 4034064756 Page 3 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY— EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or CNA74705XX (1-15) Policy No: 4034064756 Page 4 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products -completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or CNA74705XX (1-15) Policy No: 4034064756 Page 5 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product -completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX (1-15) Policy No: 4034064756 Page 6 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX (1-15) Policy No: 4034064756 Page 7 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any ad, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY— EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX (1-15) Policy No: 4034064756 Page 8 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first ad, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious ad, error or omission. Medicare/Medicaid Fraud CNA74705XX (1-15) Policy No: 4034064756 Page 9 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an ad, error or omission by the Named Insured's employees or volunteer workers in the rendering of a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and CNA74705XX (1-15) Policy No: 4034064756 Page 10 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CNA74705XX (1-15) Policy No: 4034064756 Page 11 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement i. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: I. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX (1-15) Policy No: 4034064756 Page 12 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. CNA74705XX (1-15) Policy No: 4034064756 Page 13 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: CNA74705XX (1-15) Policy No: 4034064756 Page 14 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES AAND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. CNA74705XX (1-15) Policy No: 4034064756 Page 15 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX (1-15) Policy No: 4034064756 Page 16 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1111111 1111111111111 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74705XX (1-15) Policy No: 4034064756 Page 17 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products - completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. B. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written CNA75079XX (1-15) Policy No: 4034064756 Page 1 of 2 Endorsement No: 3 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement contract to be prima y and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Page 2 of 2 TRANSPORTATION INSURANCE COMPANY Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 4034064756 Endorsement No: 3 Effective Date: 09/12/2016 CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (1-15) Policy No: 4034064756 Page 1 of 1 Endorsement No: 6 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. SCHEDULE Name Of Person Or Organization: CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (1-15) Policy No: 4034064756 Page 1 of 1 Endorsement No: 6 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2016 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Changes - Notice of Cancellation or Material Restriction Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY — NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice (other than for nonpayment of premium): 030 Number of days notice for nonpayment of premium: N/A Name of person or organization to whom notice will be sent: CITY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT OF Address: ATTN: CONTRACT ADMINISTRATOR P.O. BOX 9277 CORPUS CHRISTI TX 78469-9277 If no entry appears above, the number of days notice for nonpayment of premium will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74702XX (1-15) Page 1 of 1 TRANSPORTATION INSURANCE COMPANY Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Policy No: 4034064756 Endorsement No: 19 Effective Date: 09/12 /2016 10020009040340647900073 CNA CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception II. date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II — Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. CNA63359XX Copyright, CNA Corporation, 2000. (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Page 1 of 3 D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories. CNA63359XX (Ed. 04/12) d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto"; and CNA63359XX Copyright, CNA Corporation, 2000. (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Page 2 of 3 10020009040340647900074 (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or CNA63359XX (Ed. 04/12) damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss." C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. CNA63359XX Copyright, CNA Corporation, 2000. (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Page 3 of 3 POLICY NUMBER C 4034064790 POLICY CHANGES INSURED NAME AND ADDRESS BARCOM CONSTRUCTION, INC. 5826 BEAR LANE CORPUS CHRISTI, TX 78405 CA2048 DESIGNATED INSURED BLANKET This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED BLANKET ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED IS OBLIGATED TO PROVIDE INSURANCE WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED, BUT ONLY WITH RESPECT TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSIONS OF A PERSON OR ORGANIZATION FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY. Chairman of the Board G -56015-B (ED. 11/91) Seerelary 10020009040340547900075 CNA CNA72315XX (Ed. 02/13) NOTICE OF CANCELLATION OR MATERIAL CHANGE - DESIGNATED PERSON OR ORGANIZATION It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: In the event of cancellation or material change that reduces or restricts the insurance provided by this Coverage Form, we agree to send prior notice of cancellation or material change to the person or organization scheduled below at the address scheduled below. This endorsement does not amend our obligation to notify the Named Insured of cancellation as described in the Common Policy Conditions or in another endorsement attached to this policy. SCHEDULE 1. Number of days advance notice: lo Days if we cancel for non-payment of premium. 30 Days if the policy is cancelled for any other reason, or if coverage is restricted or reduced by endorsement. 2. Person or Organization's Name and Address Name: 'Per Schedule On File' Attention: Cancellation notification to the above Street Address: entities will not apply to cancellation City, State, ZIP: for non payment of premium e-mail address: All other terms and conditions of the Policy remain unchanged. CNA72315XX (02/13) Page 1 of 1 Insured Name: BARCOM CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Policy No: Endorsement No: Effective Date: 09/12/2015 20020007340340647738812 11111 11111 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. 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. 2. Operations: ALL TEXAS LOCATIONS AND OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 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. 4. Advance Premium: SEE SCHD This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by WC 42 03 04 B (Ed. 06-14) Copyright 2014 National Coundl on Compensation Insurance, Inc. All Rights Reserved. 20020007340340647738815 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 7-84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT 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: 3 0 2. Notice will be mailed to: CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICE ATTN: CONTRACT ADMINISTRATOR P.O. BOX 9277 CORPUS CHRISTI, TX 78469-9277 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by WC 42 06 01 (Ed. 7-84) 00 61 16 PAYMENT BOND BOND NO. 106519766 Contractor as Principal Name: Barcom Construction, Inc. Mailing address (principal place of business): 5826 Bear Lane Corpus Christi, TX 78405 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Construction Manager at Risk — New Fire Station #18 (Bond 2008) — Project No. 5246 Award Date of the Contract: September 20, 2016 Contract Price: $1,800,000.00 Bond Date of Bond: October 18, 2016 (Dote of Bond cannot be earlier than Award Date of Contract) Surety Name: Travelers Casualty and Surety Company of America Mailing address (principal place of business): One Tower Square Hartford, Connecticut 06183 Physical address (principal place of business): One Tower Square Hartford, Connecticut 06183 Connecticut By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 860-277-0111 Telephone (for notice of claim): 267-675-3000 Local Agent for Surety Name: C.A. McClure Address: 13823 Schmidt Road, Cypress, Texas 77429 Telephone: 281-890-9294 Email Address: alm@southernamericanins.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form Contract Manager at Risk — New Fire Station #18 (Bond 2008) PN 5246 006116-1 7-8-2014 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 Principal Barcom Signature: �� � . Construction, Inc. ! . Surety Travelers Casually and Surety Company of America Signature: C � Name: --' I/1 j n�}���"` l-l�j( ��f�, f _ iv`yyY f Name: C.A. McClure Title: I� `�(tin Title: Attorney-in-fact Email Address: E(di lie© ,re um .Ce._, Email Address: alm@southernamericanins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form Contract Manager at Risk — New Fire Station tt18 (Bond 2008) PN 5246 006116-2 7-8-2014 TRAVELERSJ Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 227687 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company ' Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate . 006849578 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"). and that the Companies do hereby make, constitute and appoint C. A. McClure, Kelly J. Brooks, Kenneth L. Meyer, and Michelle Ulery of the City of Cypress . State of Texas . their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 30th day of June 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company /}. �ON ,i0,xRyy�t, ,j l' wI pPOR,��n v/`Jt��PORA ley�l^ U't 1F .- o O`;SEnLeI iasSER S.AN a f 1• .......• N+ By: IV .1/y� SG M HARTFORD, CONN. �. Robert L. Raney, Senior..Vice,Fresident• On this the 30th day of June 2016 . before me personally appeared Robert L. Raney. who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Compariy, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to'do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June. 2021. 58440-5-16 Printed in U.S.A. Q(�/L C . Marie C. Tctreault. Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 18th day of October 2016 Kevin E. Hughes, Assistant Sec tory To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers'' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3000 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 75714-9104 (800) 252-3439 ATTACK THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. 00 61 13 PERFORMANCE BOND BOND NO. 106519766 Contractor as Principal Name: Barcom Construction, Inc. Mailing address (principal place of business): 5826 Bear Lane Corpus Christi, TX 78405 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Contract Manager at Risk — New Fire Station #18 (Bond 2008) — Project No. 5246 Award Date of the Contract: September 20, 2016 Contract Price: $1,800,000.00 Bond Date of Bond: October 18, 2016 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: Travelers Casualty and Surety Company of America Mailing address (principal place of business): One Tower Square Hartford, Connecticut 06183 Physical address (principal place of business): One Tower Square Hartford, Connecticut 06183 Surety is a corporation organized and existing under the laws of the state of: Connecticut By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 860-277-0111 Telephone (for notice of claim): 267-675-3000 Local Agent for Surety Name: C.A. McClure Address: 13823 Schmidt Road, Cypress, Texas 77429 Telephone: 281-890-9294 Email Address: alm@southernamericanins.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Performance Bond 00 6113 -1 Contract Manager at Risk — New Fire Station 418 (Bond 2008) PN 5246 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Barcom Constr ction, Inc. Signature: I) ",, , iM Mi_l ifraI „ Surety Travelers Casualty and Surely Company of America Signature: Name: 1 % _ I ' Name: C.A. McClure Title: re6iAPIA Title: Attorney-in-fact . Email Address: EV) I fe. tf2t\rCcXY1 .CC Email Address: alm@southernamericanins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond Contract Manager at Risk — New Fire Station #18 (Bond 2008) PN 5246 006113-2 7-8-2014 IL TRAVELERS) Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 227687 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate Nu. 006849577 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut. that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"). and that the Companies do hereby make. constitute and appoint C. A. McClure, Kelly J. Brooks, Kenneth L. Meyer, and Michelle Ulery of the City of Cypress State of Texas . their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above. to sign, execute, seal and acknowledge any and all bonds, recognizances. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 30th day of June , 2016 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Robert L. Raney. Senior Vice President On this the 30th day of June 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he, as such. being authorized so to do. c>.ectitcd the.foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. 58440-5-16 Printed in U.S.A. C1AiiJ c . m.0 lc C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc:, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 18th day of October2016 teeto'' Kevin E. Hughes, Assistant Sec tary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers'' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Atm: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3000 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1. 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-106870 Date Filed: 08/31/2016 Date Acknowledged: 2016.10.2010:09:41 -05'00' 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Barcom Construction, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 5246 CMaR 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. s i�1 a %. ;:;F... •1AC[ 4NN BUENO f . • . TAFN. ''UBLIC 6.12,/, . ;%''tP ,0t Texas ' .gin 05-06-2019 Signature of autho,,t�--i•.gent of contracting business entity ifl' iiI fite,4 a el') is the 51 day of 0,1+x+ 41.41 . NVYe • ~or. AFFIX NOTARY STAMP / SEAL ABOVE fJ Sworn o and subscribed before me, by the said E1iLflQ g.. I 20 1 , to certify which, witness my hand and seal of office. bite4/W titai . Iq,irLL. jA,0 L- j3fre441) Gi �i? Palo _ Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277