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C2016-601 - 12/13/2016 - Approved
2016-601 12/13/16 M2016-156 Huffman Contractors LLC 00 52 23 AGREEMENT This Agreement, for the Project awarded on December 13, 2016, is between the City of Corpus Christi (Owner)and Huffman Contractors, LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Choke Canyon Dam Sluice Gate Stem Repairs E16237 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols,Inc. 800 N.Shoreline Blvd.,Suite 1600N Corpus Christi,TX 78404 2.02 The Owner's Authorized Representative for this Project is: Wayne Otto, P.E.—Acting Construction Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd.,#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Agreement 00 52 23-1 . Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF Choke Canyon Dani Sluice Gate Stem Repairs E16237 MATHEW L. MOSES too 9664944J1,09 104462 Js at 7 C cif �� ss ........ Col"'Plus FREESE AND NICf-IQLS, INC. hrEXAS REGISTERED Cisti TENGINEERING F RM F-2144 Freese and Nichols, Inc. 800 N. shoreline Blvd., suite 160ON Corpus Christi, TX/361-561-65®a Record Drawing Number: WTR 456 August 18, 2016 00 01 00 TABLE OF CONTENTS Division Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to bidders (Rev 01-13-2010 00 30 00 Bid Acknowledgment Form (Reval-13-2016) 00 30 01 Bid Form (Rev01-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Rev 01-13-2016) 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience (Rev06-22-2016) 00 52 23 Agreement(Revo6-22-2016) 00 61 13 Performance Bond (RevOl-13-2016) 00 61 16 Payment Bond(RevOl-13-2016) 00 72 00 General Conditions (Rev3-23-2015) 00 72 01 Insurance Requirements(Rev06-22-2016) 00 72 02 Wage Rate Requirements(Rev06-12-2015) 00 72 03 Minority{MBE(DBE Participation Policy(Rev01-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 011100 Summary of Work(Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures(Rev 03-11-2015) 01 29 01 Measurement and Basis for Payment(Rev 01-13-2016) 013100 Project Management and Coordination (Rev01-13-2016) 013113 Project Coordination 013114 Change Management 013300 Document Management 013301 Submittal Register(Rev 71312014) 013302 Shop Drawings 013303 Record Data 013304 Construction Progress Schedule Table of Contents 000100-1 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 Division Title Section 01 33 05 Video and Photographic Documentation 013500 Special Procedures 014000 Quality Management 015000 Temporary Facilities and Controls 015700 Temporary Controls 017000 Execution and Closeout.Requirements Part S Standard Specifications None Part T Technical Specifications 05 50 00-T Metal Fabrications 40 05 50-T Sluice Gates END OF SECTION Table of Contents 000100-2 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE Z—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas{Owner} is requesting Bids for the construction of the following Project: Choke Canyon Dam Sluice Gate Stem Repairs E16237 A. This project provides newly machined mechanical parts[sluice gate stems,couplings, keys, and hangersl to specification, as well as dive services to install the new machined parts for Sluice Gate No.3 and No.4 on the outlet tower for Choke Canyon Reservoir, operated by the City of Corpus Christi near Three Rivers,Texas. Restoration of gate operation and demonstration through acceptance testing is part of the project close out requirements. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$211,200. The Project is to be substantially complete and ready for operation within 120 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports,or other information relevant to submitting a Bid far the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 PM September 28,2015 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form,the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. Invitation to Bid and Instructions to Bidders 002113-1 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev01-13-2016 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Choke Canyon Dam Sluice Gate Stem Repairs, Project No. E16237 All envelopes and packages{including FIE DEX envelopes} must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at 2:00 PM September 28, 2016,at the following location: City Hall Building— City of Corpus Christi First Floor City Council Staff Room or Council Chambers 1201 Leopard Street Corpus Christi,Texas 78401 3.05 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE A-PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on September 13,2016 at 10:00 AM at the following location: Choke Canyon Dam City of Corpus Christi Main Complex 152 South Shore Park Rd. Three Rivers,Texas 78071 ARTICLE S—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. Invitation to Bid and Instructions to Bidders 002113-2 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev01-13-2016 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE f—EXAMINATION OF CONTRACT DOCUMENTS 5.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents,including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress,or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents,Addenda,and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents,Addenda,and the related supplemental data. E. Determine that the Contract Documents,Addenda,and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 5.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5,that without exception the Bid is premised upon completion of Work required by the Contract Documents,Addenda,and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts, errors,ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents,Addenda,and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder,and that the Contract Documents,Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents,Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents,except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct,or change the Contract Documents,Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only Invitation to Bid and Instructions to Bidders 002113-3 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev01-13-2016 answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable bid Security with their bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent(5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents,the bidder's name and the job name and number and delivered as required in Article 3. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee,without qualification or condition,that the Owner will be paid a sum equal to 5 percent(5%)of the greatest amount bid if,within 10 calendar days of Notice of Award of the Contract,the Bidder/Principal: a. fails to enter into a contract far the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. Invitation to Bid and Instructions to Bidders 002113-4 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev01-13-2016 ARTICLE 9-PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name,address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10-CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110,trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the ward "confidential" prominently on each page or sheet or on the cover of bound documents. Place"confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential"documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid,and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days,thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. Invitation to Bid and Instructions to Bidders 002113-5 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev01-13-2016 ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 00 45 15 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid,the Bidder's responsibilities,the Bidder's safety record, the Bidder's indebtedness to Owner,the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration,evaluation,or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16-MINORITY/ MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. Invitation to Bid and Instructions to Bidders 002113-6 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev01-13-2016 ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts(1) of the Agreement and attached documents to the Owner within 14 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 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. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER's CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees,consultants,or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process,the City may, in its discretion, reject the Bid. Invitation to Bid and Instructions to Bidders 002113-7 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev01-13-2016 ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 175 of the Texas Local Government Code and file Form ClQ with the City of Corpus Christi City Secretary's Office, if required. For mare information on Form CICS and to determine if you need to file a Farm Cl0,, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24- REJECTION OF BID 24.01 The following will because to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security,with Power of Attorney, submitted as required by Article 7. C. More than one Bid for same Work from an individual,firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal,State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors,Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions,qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid,OWNER reserves right to determine most advantageous Bid or to reject the Bid. Invitation to Bid and Instructions to Bidders 002113-8 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev01-13-2016 F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate,through submission of the Statement of Experience,the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources,workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 15 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of{i}all remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources,workforce,equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113-9 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev01-13-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal is submitted by (type or print name of company)on: September 28,2016 for E16237—Choke Canyon Dam Sluice Gate Stem Repairs. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Choke Canyon Dam Sluice Gate Stem Repairs, Project No. E16237 All envelopes and packages(including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract.Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt Bid Acknowledgement Farm 003000-1 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev01-13-2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any,at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.05 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations, and documents on: A. The cost, progress,and performance of the Work; B. The means, methods,techniques, sequences,and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations,explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and Bid Acknowledgement Farm 003000-2 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev01-13-2016 all additional examinations, investigations, explorations,tests,studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Farm 003000-3 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required,shall attach documentation of signatory authority to the Bid Form. Bid Acknowledgement Farm 003000-4 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev01-13-2016 10.03 Bidders who are individuals ("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an"alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. ARTICLE 11—BID SUBMITTAL 1.1.01 This Bid is submitted by: Bidder: (typed or printed full legal name of Bidder) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Attest: (individual's signature) State of Residency: Federal Tax Id. No. Address for giving notices: Phone: Email: (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, orjoint venture.) Bid Acknowledgement Farm 003000-5 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev01-13-2016 END OF SECTION Bid Acknowledgement Form 003000-6 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 RevOl-13-2016 00 30 01 BID FORM 00 30 01 BID FORM Project Name: Choke Canyon Dam Sluice Gate Stem Repairs Project Number: E16237 Owner: City of Corpus Christi Bidder: OAR: TBD Designer: Freese and Nichols, Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobililzation LS 1 $ - $ - A2 Fabricate and Install New Round Stem EA 3 $ - $ - A3 Fabricate and Install New Square Stem EA 1 $ - $ - A4 Fabricate and Install New Round Stem Guide Bracket and EA 3 $ - $ - Mounting Plate Fabricate and Install New Square Stem Guide Bracket A5 and Mounting Plate EA 2 $ $ A6 Fabricate and Install New Round Stem Guide Plate EA 3 $ - $ - A7 Fabricate and Install New Square Stem Torque limiter EA 2 $ - $ Plate A8 Perform Field Test and Commissioning-Sluice Gates EA 2 $ - $ - SUBTOTAL PART A-GENERAL(Items Al thru A8) $ - BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru AS) $ - Contract Times Bidder agrees to reach Substantial Completion in 1 120 Jdays Bidder agrees to reach Final Completion in 1 150 Jdays Bid Form Page l of 1 Choke Canyon Dam Sluice Gate Stem Repairs-E16237 FtEV3-23-2015 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of ❑ Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: (typed or printed) By: (signature--attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone: Email: END OF SECTION Compliance to State Law on Nonresident Bidders 003002-1 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BYCITY— .. PURCHASING DIVISION ,...., cf CITY OF CORPUS CHRISTI ity ®f DISCLOSURE OF INTEREST us Christi City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P.O.BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: I. Corporation ❑ 2. Partnership3. Sole Owner E]0 4. Association 5. Other DISCLOSURE gUESTIONS If additional space is necessary+,please use the reverse side of thisage or attach separate sheet. 1. State the names of each 'employee" of the Ci 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 City of Corpus Christi 003005-1 Disclosure of Interest RevOl_13.2I116 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 comet 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: rryx or Prim) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. 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. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 003006 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Choke Canyon Dam Sluice Gate Stem Repairs E16237 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: (typed or printed) By: (signature--attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone: Email: END OF SECTION Non-Collusion Certification 003006-1 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 11-25-2013 00 45 16 STATEMENT OF EXPERIENCE ARTICLE 1—REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of Experience within 5 days after the date Bids are due to demonstrate the Bidders'responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify,enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the farm may be included in an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement, prepared no later than 90 days prior to the City Engineer's request,signed and dated by the Bidder's owner, president or other authorized party, specifying all current assets and liabilities. ARTICLE 2—EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. 2.02 If none of the three apparent low Bidders are deemed responsible,the Owner may notify the next apparent low Bidders in order, who will then be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or a proposed Subcontractor in response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide resumes for the key personnel that will be actively working on this Project. A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If key personnel are to fulfill mare than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of Statement of Experience 004516-1 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience,education and formal training and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements should also be included. D. The Project Manager and Project Superintendent must have at least 5 years of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials, safety, coordination of Subcontractors, experience with the submittal process, Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization. A. Provide information on projects that have been awarded to the Organization in the last 5 years in Table 3. Attach additional pages if necessary. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder,the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work,the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced,the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering and any non-responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. ARTICLE 3—SAFETY EXPERIENCE REQUIREMENTS 3.01 The Bidder agrees that pursuant to Section 252.0435 of the Local Government Code,the Owner will consider the safety record of the Bidder prior to awarding contracts. The Owner has adopted the following written definitions and criteria for determining the Bidder's safety record. 3.02 The Bidder's safety record will be used to determine if the Bidder can be deemed responsible. 3.03 Provide general information about the safety record of the organization as required in Table 4. A. For purposes of providing this information,the following terms shall have the following meanings: 1. "Bidder" includes the firm,corporation, partnership,or other legal entity represented by the Bidder or anyone acting for such firm, corporation, partnership, or other legal entity submitting the bid. 2. "Citations" include notices of violation, notices of enforcement, suspension/revocation of state or federal licenses or registrations,fines assessed pending criminal complaints, indictments, convictions, administrative orders, draft orders,final orders,and judicial final judgments. Notice of Violations and Notice of Enforcement received from the TCEQ shall include those classified as major violations and moderate violations under the TCEQ's regulations for documentation of Compliance History,30 Texas Administrative Code,Chapter 60.2 (c) (1)and (2). Statement of Experience 004516-2 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 3. "Environmental Protection Agency" includes, but is not limited to the Texas Commission on Environmental Quality(the "TCEQ"),the United States Environmental Protection Agency(the"EPA"), the U.S. Fish and Wildlife Service,the U.S.Army Corps of Engineers,the Texas Department of State Health Services,the Texas Parks and Wildlife Department,the Structural Pest Control Service, agencies of local governments responsible for enforcing environmental protection laws or regulations, and similar regulatory agencies of other states of the United States. B. In determining the responsibility of the Bidder,the Owner will consider the following in regards to Table 4: 1. Whether the Bidder's response in reveals more than two(2) cases in which final orders have been entered by the Occupational Safety and Health Review Commission (the"OSHRU) against the Bidder for serious violations of Occupational Safety and Health Administration("OSHA") regulations within the past five(5)years. 2. Whether the Bidder's response reveals more than one(1) case in which Bidder has received a citation or for which final orders have been entered from an environmental protection agency for violations within the past five (5)years. 3. Whether the Bidder's response reveals that the Bidder has been convicted of a criminal offense or has been subject to a judgment for a negligent act or omission,which resulted in serious bodily injury or death,within the past ten (10)years. C. The Owner may consider the responses to each question in Table 4 separately when determining the responsibility of the Bidder.The Owner may also consider the cumulative impact of the information generated by the Bidder's responses. ARTICLE 4—PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OF THE BIDDER TO PROVIDE SUBCONTRACTING OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY, MBE,AND DBE PARTICIPATION IN THE PROJECT. LIST ALL WORK TO BE PERFORMED BY QUALIFIED MINORITY, MBE AND DBE-PROPOSED SUBCONTRACTORS OR SUPPLIERS IN TABLE S. INCLUDE PERCENTAGE'S OF WORK SUBCONTRACTED TO EACH TO DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOALS.STATE'MENT OF EXPERIENCE REQUIREMENTS 4.01 Provide one printed copy of the Statement of Experience using the referenced tables and narrative descriptions as described in Article 2. Pages are to be 8-1/2 x 11 pages using a minimum font size of 10. A limited number of 11 x 17 sheets may be used,and must be folded to the size of an 8-1/2 x 11 page. 4.02 Provide a digital copy of the Statement of Experience in Portable Document Format(PDF)on a CD, portable drive, or other digital recording device. This digital copy is to include all information required to evaluate the Bid and should match the content of the printed copy of the Bid. When creating the digital copy: A. Create PDF documents from native format files. B. Rotate pages so that the top of the document appears at the top of the file when opened in PDF viewing software. C. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the original documents. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. D. Submit color PDF documents if color is used in the printed version of the documents. Statement of Experience 004516-3 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 Table 1—Organization Information Organization doing business as: Business Address of Principal Office Telephone No. I Website Form of Business(check one) ❑ Corporation ❑ Partnership ❑ Individual If a Corporation State of Incorporation Date of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnership Date of Organization Form of Partnership: ❑ General ❑ Limited If an Individual Name Ownership of Organization List of companies,firms,or organizations that own any part of the organization. Names of Companies, Firms,or Organizations Percent Ownership Organization History List of names that this organization currently, has,or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees Average estimate of revenue for the current year Statement of Experience 004516-4 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 Table 1—Organization Information Organization doing business as: Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio(EMR) History for the last 3 years. Provide documentation of the FMR. Year EMR Year EMR Year EMR Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List.Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim,the amount and basis for the lien or claim,and an explanation of why the lien has not been released or that the claim has not been paid if yes. Statement of Experience 004516-5 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 Table 2—Project Information Organization doing business as: Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager,Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager Superintendent Safety Manager Quality Control Manager Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work(based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Estimated Percentage Work of Contract Price Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio(EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25%or more of the Contract Price. Provide documentation of the FMR. Subcontractor Year EMR Year EMR Year EMR Subcontractor Year EMR Year EMR Year EMR Statement of Experience 004516-6 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #i Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-7 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #i Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract #t Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-8 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-9 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five(5)years? List Citations below {date and location of Citation}and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any, and the penalty assessed. Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5)years?List Citations below(date and location of Citation)and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any, and the penalty assessed. Has the Bidder, within the past ten (10)years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death?List convictions or judgments below and provide full details in a separate attachment if yes. The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder.The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? ❑ Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? ❑ Yes ❑ No 3 Does the Bidder have an active construction safety training program? ❑ Yes ❑ No 4 Does the Bidder,or affected subcontractor, have competent persons in the following areas(as applicable to the scope of the current Project): A. I Scaffolding ❑ Yes ❑ No ❑ NSA B. Excavation ❑ Yes ❑ No ❑ N/A C. Cranes & Hoists ❑ Yes ❑ No ❑ N/A D. Electrical ❑ Yes ❑ No ❑ N/A Statement of Experience 004516-10 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: E. Fall Protection ❑ Yes ❑ No ❑ N/A F. Confined Spaces ❑ Yes ❑ No ❑ N/A G. Material Handling ❑ Yes ❑ No ❑ N/A H. Demolition ❑ Yes ❑ No ❑ N/A I. Steel Erection ❑ Yes ❑ No ❑ N/A J. Underground Construction ❑ Yes ❑ No ❑ N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification 5 System ("NAICS") Category 23 for each of the past five(5)years? Provide the ❑Yes ❑ No Bidder's OSHA 300 and 300A logs far the past five (5)years in a separate attachment. Does the Bidder have an experience modifier rate of 1.0 or less?Provide the 6 Bidder's NCCI workers'compensation experience rating sheets for the past five(5) ❑Yes ❑ No years in a separate attachment. Has the Bidder had any OSHA inspections within the past six(6) months?Provide 7 documentation showing the nature of the inspection,the findings, and the ❑Yes ❑ No magnitude of the issues in a separate attachment if yes. Statement of Experience 004516-11 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 Table 5—Demonstrated Minority, MBE, DBE Participation Organization doing business as Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority/MBE/DBE Participation Policy Name Work to be Provided Estimated%of Contract Price Statement of Experience 004516-12 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 ARTICLE 5—CERTIFICATION 5.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: (typed or printed) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Designated Representative: Name: Title: Address: Telephone No.: Email: END OF SECTION Statement of Experience 004516-13 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 00 52 23 AGREEMENT This Agreement,for the Project awarded on [insert Award Date], is between the City of Corpus Christi (Owner)and (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Choke Canyon Dam Sluice Gate Stem Repairs E16237 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols, Inc. 800 N. Shoreline Blvd.,Suite 160ON Corpus Christi,TX 78404 2.02 The Owner's Authorized Representative for this Project is: TBD ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.05 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion,and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Agreement 005223-1 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 Conditions. Owner and Contractor also recognize the delays,expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$500 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready far final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids,and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 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 005223-2 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 C. Payment will be made for the amount determined per Paragraph 5.02.6, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. 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. E. 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 CAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local,and Site conditions that may affect cost, progress,and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site, Agreement 005223-3 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site;and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress,and performance of the Work; 2. The means, methods,techniques, sequences,and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations,explorations,tests,studies, or data are necessary far the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies,and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors,ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the DAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper Agreement 005223-4 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms,and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. b. List as necessary. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—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 forth e City. Agreement 005223-5 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services APPROVED A5 TO LEGAL FORM: Janet L. Kellogg Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President Vice President Chief Executive Officer,or Chief Financial Officer Address City State Zip Phone Fax Mail END OF SECTION Agreement 005223-6 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev 06-22-2015 00 61 13 PERFORMANCE BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address(principal place of business): Mailing address(principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): Choke Canyon Dam Sluice Gate Stem Repairs E16237 Telephone(for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept.of Insurance by calling the this instrument in 4 copies,each one of which shall following toll-free number:1-800-252-3439 be deemed an original. Performance Bond 006113-1 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev O1-13-2016 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duty 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 fun force and effect. Provisions of the bond shalt be pursuant to the terms and provisions of Chapter 2253 and Chapter 2259 of the Texas Government Code as amended and all liabilities on this bond shalt be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shalt lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113-2 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 RevOl-13-2016 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address(principal place of business): Mailing address(principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): Choke Canyon Dam Sluice Gate Stem Repairs E16237 Telephone(for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept.of Insurance by calling the this instrument in 4 copies,each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form 006116-1 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev.01-13-2016 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 Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 Choke Canyon Dam Sluice Gate Stem Repairs—E16237 Rev.01-13-2016 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 007200-1 Corpus Christi Standards-Regular Projects 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,andOthers....................................................................26 7.05 Patent Fees and Royalties...........................................................................................................27 7.05 Permits........................................................................................................................................28 7.07 Taxes...........................................................................................................................................28 7.08 Laws and Regulations..................................................................................................................28 7.09 Safety and Protection .................................................................................................................29 7.101 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 007200-2 Corpus Christi Standards-Regular Projects 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 Article12—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 007200-3 Corpus Christi Standards-Regular Projects 03-23-2015 Article 15—Payments to Contractor;Set-Offs;Completion; Correction Period........................................50 15.01 Progress Payments..................................................................................................................50 15.02 Contractor's Warranty of Title................................................................................................52 15.03 Substantial Completion...........................................................................................................52 15.04 Partial Utilization.....................................................................................................................53 15.05 Final Inspection.......................................................................................................................53 15.06 Final Payment..........................................................................................................................53 15.07 Waiver of Claims.....................................................................................................................54 15.08 Correction Period....................................................................................................................54 Article 16—Suspension of Work and Termination.....................................................................................55 16.01 Owner May Suspend Work.....................................................................................................55 16.02 Owner May Terminate for Cause............................................................................................55 16.03 Owner May Terminate For Convenience................................................................................56 Article 17—Final Resolution of Disputes....................................................................................................57 17.01 Methods and Procedures........................................................................................................57 Article1.8—Miscellaneous..........................................................................................................................57 18.01 Computation of Times.............................................................................................................57 18.02 Owner's Right to Audit Contractor's Records.........................................................................57 18.03 Independent Contractor.........................................................................................................58 18.04 Cumulative Remedies .............................................................................................................58 18.05 Limitation of Damages............................................................................................................58 18.05 No Waiver...............................................................................................................................58 18.07 Severability..............................................................................................................................58 18.08 Survival of Obligations............................................................................................................59 18.09 No Third Party Beneficiaries ...................................................................................................59 18.10 Assignment of Contract...........................................................................................................59 18.11 No Waiver of Sovereign Immunity..........................................................................................59 18.12 Controlling Law.......................................................................................................................59 18.13 Conditions Precedent to Right to Sue.....................................................................................59 18.14 Waiver of Trial by Jury.............................................................................................................59 18.15 Attorney Fees..........................................................................................................................59 18.16 Compliance with Laws.............................................................................................................59 18.17 Enforcement............................................................................................................................60 General Conditions 007200-4 Corpus Christi Standards-Regular Projects 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 007200-5 Corpus Christi Standards-Regular Projects 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 007200-6 Corpus Christi Standards-Regular Projects 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 p reco nstru ction 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. §§5901 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 007200-7 Corpus Christi Standards-Regular Projects 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 far 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 007200-8 Corpus Christi Standards-Regular Projects 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 007200-9 Corpus Christi Standards-Regular Projects 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 00 72 00-10 Corpus Christi Standards-Regular Projects 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. 50. Work-The construction of the Project or its component parts as required by the Contract Documents. 51. 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 00 72 00-11 Corpus Christi Standards-Regular Projects 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 00 72 00-12 Corpus Christi Standards-Regular Projects 03-23-2015 2.02 Copies of Documents A. OPT is to furnish one fully executed Agreement and ane 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 00 72 00-13 Corpus Christi Standards-Regular Projects 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 00 72 00-14 Corpus Christi Standards-Regular Projects 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 DAR. Do not proceed with affected Work until the conflict,error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the DAR or by a Modification to the Contract Documents issued pursuant to Paragraph 11.01. 2. Immediately notify the DAR 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 00 72 00-15 Corpus Christi Standards-Regular Projects 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 DAR 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 5 in force or before the date indicated in the Notice to Proceed. General Conditions 00 72 00-16 Corpus Christi Standards-Regular Projects 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 00 72 00-17 Corpus Christi Standards-Regular Projects 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 15.01.8 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 7.09.6 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 15.01.0 and 15.05.0. 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 director 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 50 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 13.01.0.1 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 fora 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 fora 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 Pricey $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 • Required M Not Required Builder's Risk (All Perils including Collapse) Required for vertical structures and bridges Equal to Full Replacement Cost of Structure and Contents • Required C] Not Required Installation Floater Required if installing city -owned equipment Equal to Contract Price • Required P! Not Required Insurance Requirements Choke Canyon Dam Sluice Gate Stem Repairs — E16237 007201-1 Rev 06-22-2016 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 06-22-2016 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 06-22-2016 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 150 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 06-22-2016 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 06-22-2016 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 06-22-2016 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 06-22-2016 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 06-22-2016 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 06-22-2016 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 06-22-2016 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. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Rate Requirements Choke Canyon Dam Sluice Gate Stem Repairs — E16237 007202-1 REV 06-12-2015 Wage Determination Construction Type Project Type (WD) No TX -31 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) TX -45 Heavy Pipeline - On -Shore Pipeline Construction TX -46 Heavy Pipeline -Off -Shore Construction B. Prevailing Wage Rate for this project: General Decision Number: TX160046 01/08/2016 TX46 Superseded General Decision Number: TX20150046 State: Texas Construction Type: Heavy Counties: Texas Statewide. Pipeline -Off -Shore Construction Note: Under Executive Order (ED) 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 ED, 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 E0 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/govcontrects. Modification Number Publication Date 0 01/08/2016 SUTX1990-021 01/31/1990 Rates Fringes Anchor Operator $ 10.75 .68 Cook, Chief $ 7.59 .48 Cook, Second $ 7.25 .41 Crane Operator $ 11.50 .72 Wage Rate Requirements Choke Canyon Dam Sluice Gate Stem Repairs - E16237 007202-2 REV 06-12-2015 Deckhand $ 7.25 .32 Ditches & Sideboom Operator $ 11.55 .73 Diver $ 11.62 1.75 ELECTRICIAN $ 11.40 .72 Hoist & Deck Engine, Fork Lift & Mixer Operator, Pot Firemen $ 8.45 LABORER $ 7.25 MECHANIC $ 11.40 Orderly $ 7.25 Pipeline Welder $ 14.00 RIGGER $ 8.50 Semi -Skilled Laborer $ 7.25 Spacer $ 12.25 Spray Painter, Barge $ 8.25 Spray Painter, Fabrication $ 10.16 Stabber $ 7.25 Stalking Machine Operator $ 9.75 Tender $ 7.25 Utility Welder $ 11.00 .53 .35 .72 .35 .88 .54 .41 .77 .52 .64 .46 .61 .93 .69 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 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)). Wage Rate Requirements Choke Canyon Dam Sluice Gate Stem Repairs - E16237 007202-3 REV 06-12-2015 The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 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. DH indicates the state. The next number, 0010 in Wage Rate Requirements Choke Canyon Dam Sluice Gate Stem Repairs - E16237 007202-4 REV 06-12-2015 the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour 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 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. Wage Rate Requirements Choke Canyon Dam Sluice Gate Stem Repairs - E16237 007202-5 REV 06-12-2015 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 Choke Canyon Dam Sluice Gate Stem Repairs - E16237 007202-6 REV 06-12-2015 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). e. 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 Choke Canyon Dam Sluice Gate Repairs — E16237 007203-1 Rev 01-13-2016 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 as specified in SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS. 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 Choke Canyon Dam Sluice Gate Repairs — E16237 007203-2 Rev 01-13-2016 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1— DEFINITIONS AND TERMINOLOGY SC -1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi, Texas Freese and Nichols, Inc. B. Paragraph 1.01.A.54 "Substantial Completion" is more specifically defined for this Project as: 1. The following items are fully functional and suitable for operation in accordance with the Contract Documents: a. Sluice Gate #3 Stems, hangers, and couplings installed and tested for functionality b. Sluice Gate #4 hanger installed and tested for functionality c. Sluice Gate #3 operational 2. Only the following items not yet complete in accordance with the Contract Documents: a. demobilization ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK SC -4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. Supplementary Conditions Choke Canyon Dam Sluice Gate Repairs — E16237 007300-1 11-25-2013 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at Choke Canyon Dam is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 1 July 2 February 1 August 1 March 1 September 2 April 1 October 1 May 2 November 1 June 2 December 1 3. A total of 5 rain days have been set for this Project. An extension of time due to rain days will be considered only after 16 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: "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 7— CONTRACTOR'S RESPONSIBILITIES SC -7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." END OF SECTION Supplementary Conditions Choke Canyon Dam Sluice Gate Repairs — E16237 007300-2 11-25-2013 01 11 00 SUMMARY OF WORK 1.00 GENERAL 1.01 WORK INCLUDED A. Construct Work as described in the Contract Documents. 1. Provide the materials, equipment, and incidentals required to make the Project completely and fully useable. 2. Provide the labor, equipment, tools, and consumable supplies required for a complete Project. 3. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OAR. 1.02 DESCRIPTION OF WORK A. Work is described in general, non-inclusive terms as: 1. This project provides newly fabricated mechanical parts (sluice gate stems, couplings, brackets and plates) to specification, as well as dive services, to install the new fabricated parts for Sluice Gate No. 3 and No. 4 on the outlet tower for Choke Canyon Reservoir, operated by the City of Corpus Christi near Three Rivers, Texas. Restoration of gate operation and demonstration through acceptance testing is part of the project close out requirements. 1.03 WORK UNDER OTHER CONTRACTS A. The following items of work are not included in this Contract, but may impact construction scheduling and completion: 1. Ongoing work on the Choke Canyon Dam Spillway Gates under separate contract. a. Minor coordination needed through the City's Work Supervisor at Choke Canyon Dam to avoid access issues with the other contractor. b. The work is in separate locations but the access roadway is shared with the other contractor B. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents, the Contractor is to base his Proposal on the most expensive listing. C. Completion of the Work described in this Contract may impact the construction and testing of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. Summary of Work Choke Canyon Dam Sluice Gate Repairs — E16237 011100-1 Rev 01-13-2016 1.04 WORK BY OWNER A. The Owner plans to perform the following items of work which are not included in this Contract, but may impact the construction scheduling and completion: 1. Assist in acceptance testing of the installed sluicegate components. a. Coordination of acceptance testing shall be with the City's Work Coordinator at Choke Canyon Dam. B. Completion of the Work described in this Contract may impact the construction of the items listed above. 1. Coordinate construction activities through the OAR. 2, Pay claims for damages which result from the late completion of the Project or any specified Milestones. C. Owner will provide normal operation and maintenance of the existing facilities during construction, unless otherwise stated. 1.05 CONSTRUCTION OF UTILITIES A. Pay for temporary power, including but not limited to construction cost, meter connection fees, and permits. 1.06 USE PRIOR TO FINAL COMPLETION A. Owner has the right to use or operate any portion of the Project that is ready for use after notifying the Contractor of its intent to do so. B. The execution of Bonds is understood to indicate the consent of the surety to these provisions for use of the Project. C. Provide an endorsement from the insurance carrier permitting use of Project during the remaining period of construction. D. Conduct operations to insure the least inconvenience to the Owner and general public. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Summary of Work Choke Canyon Dam Sluice Gate Repairs — E16237 011100-2 Rev 01-13-2016 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. Alternates: 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate, and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option of the Owner. 5. Owner may incorporate these alternates in the Contract when executed, or may issue a Change Order to incorporate these alternates within 120 days at the prices offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days or other designated time period to negotiate a new price for incorporating the Work into the Project. B. Allowances: 1. Include specified allowance amount in the Contract Price. 2. The amount of each allowance includes: a. The cost of the product to the Contractor less any applicable trade discounts. b. Delivery to the Site. c. Applicable taxes. 3. Include in the Contract Price all costs for: a. Handling at the Site, including unloading, uncrating, and storage per SECTION 01 3100 PROJECT MANAGEMENT AND COORDINATION. b. Cost for labor and equipment for installation and finishing. c. Cost for related products not specifically listed in the allowance required for installation, including consumable supplies and materials. d. All overhead, profit, and related costs. 4. Assist Owner in the selection of products. a. Identify qualified Suppliers. b. Obtain bids from qualified Suppliers. c. Present available alternates to the Owner through the OAR. Notify OAR of: 1) Any objections to a particular Supplier or product. Alternates and Allowances Choke Canyon Dam Sluice Gate Stem Repairs — E16237 012310-1 11-25-2013 2) Effect on the Construction Schedule anticipated by the selection of each option. 3) Cost of each option. 5. Upon selection of the product: a. Purchase and install the product. b. Contractor's responsibilities for products shall be the same as for products selected by the Contractor. 6. Submit a Change Proposal per SECTION 0131 14 CHANGE MANAGEMENT to adjust Contract Price if the net cost of the product is more or less than the specified amount. a. Adjust the unit cost applied to the quantities installed per the method of payment described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES for products specified as Unit Price Work. b. Do not perform Work until selection of alternate has been approved by the Owner. c. Provide actual invoices for the materials. 1.02 DOCUMENT SUBMITTALS A. Provide documents for materials furnished as part of the alternate in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. 1.03 DESCRIPTION OF ALTERNATES (NONE) 1.04 DESCRIPTION OF ALLOWANCES (NONE) 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Alternates and Allowances Choke Canyon Dam Sluice Gate Stem Repairs — E16237 012310-2 11-25-2013 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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. OAR may withhold processing Applications for Payment if any of the following processes or documentation are not up to date: 1. Progress Schedule per SECTION 0133 04 CONSTRUCTION PROGRESS SCHEDULE. 2. Project photographs per SECTION 0133 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION. 3. Record Documents per SECTION 0131 13 PROJECT COORDINATION. 4. Documentation required to comply with Owner's Minority / MBE / DBE Participation Policy. Application for Payment Procedures Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 OAR. D. Use each unit price line item in the Agreement as a unit price line item in the Schedule of Values. E. Divide lump sum line items, including Subcontractor and Supplier amounts in the Schedule of Values into smaller components to allow more accurate determination of the earned value for each item. 1. Provide adequate detail to allow a more accurate determination of the earned value expressed as a percentage of Work completed for each item. 2. Line items may not exceed $50,000.00, unless they are for products, materials, or equipment permanently incorporated into the Project that cannot be subdivided into units or subassemblies. 3. Lump sum items may be divided into an estimated number of units to determine earned value. a. The estimated number of units times the cost per unit must equal the lump sum amount for that line item. b. Contractor will receive payment for the lump sum for the line item, regardless of the number of units installed, unless an adjustment is made by Change Order. 4. Include Contractor's overhead and profit in each line item in proportion to the value of the line item to the Contract Price. 5. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price for each item. 6. These line items may be used to establish the value of Work to be added or deleted from the Project. 7. The sum of all values listed in the schedule must equal the total Contract Price. F. Subdivide each line item in the Schedule of Values into two payment components. The first component is the direct cost for products, materials, and equipment permanently incorporated into the Project. The second component is all other 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. G. Where a percentage of the line value is allowed fora specified stage of completion, show the value for each stage of completion as a component of that line item cost. Application for Payment Procedures Choke Canyon Dam Sluice Gate Stem Repairs — E16237 012900-3 03-11-2015 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. 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. Application for Payment Procedures Choke Canyon Dam Sluice Gate Stem Repairs — E16237 012900-4 03-11-2015 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 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 ALTERNATES AND ALLOWANCES A. Include amounts for specified Alternate Work in the Agreement in accordance with SECTION 01 23 10 ALTERNATES AND ALLOWANCES. B. Include amounts for specified Allowances for Work in the Agreement in accordance with SECTION 01 23 10 ALTERNATES AND ALLOWANCES. 1.07 RETAINAGE AND SET -OFFS A. Retainage will be withheld from each Application for Payment per the Agreement. Retainage will be released per the General Conditions. Application for Payment Procedures Choke Canyon Dam Sluice Gate Stem Repairs — E16237 012900-5 03-11-2015 B. Reduce payments for set -offs per the General Conditions. Include Attachment C— Tabulation of Set -Offs in the Application for Payment. 1.08 PROCEDURES FOR SUBMITTING AN APPLICATION FOR PAYMENT A. Submit a draft Application for Payment to the OAR each month at least 20 days before the date established in the 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. 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. Application for Payment Procedures Choke Canyon Dam Sluice Gate Stem Repairs — E16237 012900-6 03-11-2015 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. 1.09 RESPONSIBILITY OF OWNER'S AUTHORIZED REPRESENTATIVE A. OAR will review draft Application for Payment with Contractor to reach an agreement on the values that will be recommended for payment by the OAR. B. OAR will review Application for Payment submitted by Contractor to determine that the Application for Payment has been properly submitted and is in accordance with the agreed to draft Application for Payment. C. OAR is to either recommend payment of the Application for Payment to Owner or notify the Contractor of the OPT's reasons for not recommending payment. Contractor may make necessary corrections and resubmit the Application for Payment if it is not recommended within 10 days after receipt of the notice. OAR will review resubmitted Application for Payment and reject or recommend payment of the Application for Payment to Owner as appropriate. D. OAR's recommendation of the Application for Payment constitutes a representation by OPT that based on their experience and the information available: 1. The Work has progressed to the point indicated; 2. The quality of the Work is generally in accordance with the Contract Documents; and 3. Requirements prerequisite to payment have been met. 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; Application for Payment Procedures Choke Canyon Dam Sluice Gate Stem Repairs — E16237 012900-7 03-11-2015 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. 1.10 FINAL APPLICATION FOR PAYMENT A. Include adjustments to the Contract Price in the final Application for Payment for: 1. Approved Change Orders and Contract Amendments, 2. Allowances not previously adjusted by Change Order, 3. Deductions for Defective Work that has been accepted by the Owner, 4. Penalties and bonuses, 5. Deductions for liquidated damages, 6. Deduction for all final set -offs, and 7. Other adjustments if needed. B. OAR will prepare a final Change Order reflecting the approved adjustments to the Contract Price which have not been covered by previously approved Change Orders and if necessary reconcile estimate unit price quantities with actual quantities. 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. 1.11 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 012900-8 03-11-2015 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT 1.00 GENERAL 1.01 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents for lump sum payment items. Include all direct cost for the Work associated with that lump sum item and a proportionate amount for the indirect costs as described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES for each lump sum item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the lump sum price. B. Measurement for progress payments will be made on the basis of the earned value for each item shown as a percentage of the cost for the lump sum item as described in SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES. Payment at Final Completion will be equal to the total lump sum amount for that item. 1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents in unit price payment items. Include all direct cost for the Work associated with that unit price item and a proportionate amount for the indirect costs as described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES for each unit price item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the unit price. B. Measurement for payments will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. Measurement will be as indicated for each unit price item. 1.03 MEASUREMENT AND BASIS FOR PAYMENT FOR BASE BID ITEMS A. Bid Item A-1 - Mobilization: 1. Include the following costs in this Bid item: a. Bonds and insurance; b. Transportation and setup for equipment; c. Transportation and/or erection of all field offices, sheds, and storage facilities; d. Salaries for preparation of documents required before the first Application for Payment; e. Salaries for field personnel assigned to the Project related to the mobilization of the Project; f. Demobilization; and g. Mobilization may not exceed 5 percent of the total Contract Price. Measurement and Basis for Payment Choke Canyon Dam Sluice Gate Stem Repairs — E16237 012901-1 Rev 01-13-2016 2. Measuring for payment is on a lump sum basis. Payment for mobilization will be based on the earned value of Work completed. B. Bid Item A-2 — Fabricate and Install New Round Stem: 1. Measurement shall be the actual number of stems installed. 2. Payment shall be at the unit price per each (EA) stated in the proposal. Payment shall constitute full compensation for all costs of furnishing the labor, equipment, and materials to fabricate and install new round stems (including associated couplings) for Gate No. 3 as indicated on the drawings. C. Bid Item A-3 — Fabricate and Install New Square Stem: 1. Measurement shall be the actual number of stems installed. 2. Payment shall be at the unit price per each (EA) stated in the proposal. Payment shall constitute full compensation for all costs of furnishing the labor, equipment, and materials to fabricate and install a new square stem (and associated couplings) for Gate No. 3 as indicated on the drawings. D. Bid Item A-4 — Fabricate and Install New Round Stem Guide Bracket and Mounting Plate: 1. Measurement shall be the actual number of guide brackets and mounting plates installed. 2. Payment shall be at the unit price per each (EA) stated in the proposal. Payment shall constitute full compensation for all costs of furnishing the labor, equipment, and materials to cut off and grind down existing anchors flush with concrete and fabricate and install new stem guide brackets, mounting plates and anchor bolts for Gate No. 3 as indicated on the drawings. E. Bid Item A-5 — Fabricate and Install New Square Stem Guide Bracket and Mounting Plate: 1. Measurement shall be the actual number of guide brackets and mounting plates installed. 2. Payment shall be at the unit price per each (EA) stated in the proposal. Payment shall constitute full compensation for all costs of furnishing the labor, equipment, and materials to remove existing square stem guide bracket (Gate No. 4 only), grind down existing anchors flush with concrete, and fabricate and install new stem guide brackets, mounting plates, and anchor bolts for Gate No. 3 and Gate No. 4 as indicated on the drawings. F. Bid Item A-6 — Fabricate and Install New Round Stem Guide Plate: 1. Measurement shall be the actual number of plates installed. 2. Payment shall be at the unit price per each (EA) stated in the proposal. Payment shall constitute full compensation for all costs of furnishing the labor, equipment, and materials to fabricate and install new round stem guide plates as indicated for Gate No. 3 on the drawings. G. Bid Item A-7 — Fabricate and Install New Square Stem Torque Limiter: 1. Measurement shall be the actual number of plates installed. Measurement and Basis for Payment Choke Canyon Dam Sluice Gate Stem Repairs — E16237 012901-2 Rev 01-13-2016 2. Payment shall be at the unit price per each (EA) stated in the proposal. Payment shall constitute full compensation for all costs of furnishing the labor, equipment, and materials to remove existing square stem torque plate (Gate No. 4 only), and fabricate and install new square stems torque plates for Gate No. 3 and Gate No. 4 as indicated on the drawings. H. Bid Item A-8 — Perform Field Test and Commissioning — Sluice Gates: 1. Measurement shall be the actual number of gates tested. 2. Payment shall beat the lump sum price stated in the bid form. Payment shall constitute full compensation for all costs of furnishing the labor, equipment, and materials to perform field testing and commissioning of Gate No. 3 and Gate No. 4. 1.04 MEASUREMENT AND BASIS FOR PAYMENT FOR ALTERNATES AND ALLOWANCES (NOT USED) 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment Choke Canyon Dam Sluice Gate Stem Repairs — E16237 012901-3 Rev 01-13-2016 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 0157 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 0133 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013100-1 Rev 01-13-2016 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 0133 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 0133 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 0157 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013100-2 Rev 01-13-2016 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 0135 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 (NOT USED) 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. Project Management and Coordination Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013100-3 Rev 01-13-2016 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 0135 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 0131 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. 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. Project Management and Coordination Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013100-4 Rev 01-13-2016 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. 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. Project Management and Coordination Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013100-5 Rev 01-13-2016 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. 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. Project Management and Coordination Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013100-6 Rev 01-13-2016 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. 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. Project Management and Coordination Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013100-7 Rev 01-13-2016 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 1-800-659-8344. C. For the Contractor's convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 City Project Manager, Daniel Deng, 361-826-3500 P.E. FNI Project Manager, Matt Moses, 512517-3187 P.E. Choke Canyon Dam Work Coordinator, Steve Emerson 351-826-1278 Live Oak County Sheriff, Larry Busby 361-449-2271 361-826-1800 (361-826-1818 after Water/ Wastewater/ Stormwater hours) 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Project Management and Coordination Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013100-8 Rev 01-13-2016 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 0133 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 0133 00 DOCUMENT MANAGEMENT. Project Coordination Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 0133 04 CONSTRUCTION PROGRESS SCHEDULE. b. Schedule of Values and anticipated Schedule of Payments per SECTION 0129 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 0131 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 fora 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 0133 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 0133 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 0133 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 0133 02 SHOP DRAWINGS. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Change Management Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 to the Drawing number and/or Specification Section, detail designation, schedule, or location that corresponds with the data on the document transmittal forms. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. 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 0129 00 Change Proposal 01.31 14 Certified Test Report 0133 02 for approval of product 0140 00 to demonstrate compliance Notification by Contractor 0131 13 Photographic Documentation 0133 05 Progress Schedules 0133 04 Record Data 0133 03 Request for Information 0131 13 Shop Drawing 0133 02 Schedule of Values 0129 00 Substitutions 0131 14 Suppliers and Subcontractors 0131 13 and 0133 03 Document Management Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013300-3 11-25-2013 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Document Management Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013300-4 11-25-2013 01 33 01 Submittal Register Specification Section Specification Description Paragraph No. Types of Submittals Required Product Information Sample or Mockup Operations Data 01 29 00 Application for Payment 01 2900 Schedule of Values 1.01 0131 13 Notification by Contractor 1.03 0131 13 Request for Information 1.05 01 31 13 Suppliers 1.04 01 3114 Change Proposal 1.01 01 31 14 Substitutions 1.05 0133 02 Certified Test Report - approval of product 1.05 01 33 02 Shop Drawing 1.07 01 33 03 Record Data 1.04 01 33 04 Subcontractors 1.03 01 3304 Work Plan 1.01 01 3304 Safety Plan 1.02 01 3304 Progress Schedules 1.03 01 33 05 Photographic Documentation 1.01 0140 00 Certified Test Report - demonstrating compliance 1.01 0140 00 Quality Control Plan 1.02/1.11 05 5000 Shop Drawings 1.05 Shop Drawing 05 5000 Weld Certificates 1.05 Record Data 05 5000 Qualification Data 1.05 Record Data 05 5000 Mill Test Reports 1.05 Record Data 05 50 0 0 Paint Compatibilty Certificates 1.05 Record Data 05 5000 Source Quality Control Test Reports 1.05 Record Data 40 05 50 Work Plan 1.05 Record Data 40 05 50 Shop Drawings 1.05 Shop Drawing 40 05 50 Material List 1.05 Record Data 40 05 50 Schedule 1.05 Record Data Submittal Register Choke Canyon Darn Sluice Gate Stern Repairs - E16237 0133 01-1 07-03-2014 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 40 05 50 Gate Stems and Couplings 40 05 50 Guide Brackets and Anchors B. Include Shop Drawings in the Schedule of Documents required by SECTION 0133 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 0170 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 0131 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 0133 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 1.10.8 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 0131 13 Contractors' Record Documents 05 50 00 Mill test bronze 05 50 00 Mill test steel B. Include Record Data in the Schedule of Documents required by SECTION 0133 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 0170 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 0131 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 0133 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013303-5 11-25-2013 01 33 04 CONSTRUCTION PROGRESS SCHEDULE 1.00 GENERAL 1.01 REQUIREMENTS A. Prepare and submit a Progress Schedule for the Work and update the schedule on a monthly basis for the duration of the Project. B. Provide schedule in adequate detail to allow Owner to monitor progress and to relate document processing to sequential activities of the Work. C. Incorporate and specifically designate the dates of anticipated submission of documents and the dates when documents must be returned to the Contractor into the schedule. D. Assume complete responsibility for maintaining the progress of the Work per the schedule submitted. E. Take the requirements of SECTION 0135 00 SPECIAL PROCEDURES into consideration when preparing schedule. 1.02 DOCUMENT SUBMITTAL A. Submit Progress Schedules in accordance with SECTION 0133 00 DOCUMENT MANAGEMENT. B. Submit a preliminary schedule within 10 days after the Notice of Award. The schedule is to be available at the pre -construction conference. C. Submit a detailed schedule at least 10 days prior to the first payment request. D. Submit Progress Schedules updates monthly with Applications for Payment to indicate the progress made on the Project to that date. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment. 1.03 SCHEDULE REQUIREMENTS A. Schedule is to be in adequate detail to: 1. Assure adequate planning, scheduling, and reporting during the execution of the Work; 2. Assure the coordination of the Work of the Contractor and the various Subcontractors and Suppliers; 3. Assist in monitoring the progress of the Work; and 4. Assist in evaluating proposed changes to the Contract Times and Project schedule. B. Provide personnel with 5 years' minimum experience in scheduling construction work comparable to this Project. Prepare the schedule using acceptable scheduling software. C. Provide the schedule in the form of a computer generated critical path schedule which includes Work to be performed on the Project. It is intended that the schedule accomplish the following: 1. Give early warning of delays in time for correction. Construction Progress Schedule Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013304-1 11-25-2013 2. Provide detailed plans for the execution of the Work in the form of future activities and events in sequential relationships. 3. Establish relationships of significant planned Work activities and provide a logical sequence for planned Work activities. 4. Provide continuous current status information. 5. Allow analysis of the Contractor's program for the completion of the Project. 6. Permit schedules to be revise when the existing schedule is not achievable. 7. Log the progress of the Work as it actually occurs. D. Prepare a time scaled CPM arrow or precedence diagram to indicate each activity and its start and stop dates. 1. Develop Milestone dates and Project completion dates to conform to time constraints, sequencing requirements and Contract completion date. 2. Use calendar day durations while accounting for holidays and weather conditions in the projection of the duration of each activity. 3. Clearly indicate the critical path for Work to complete the Project. E. Provide a time scaled horizontal bar chart which indicates graphically the Work scheduled at any time during the Project. The chart is to indicate: 1. Complete sequence of construction by activity; 2. Identification of the activity by structure, location, and type of Work; 3. Chronological order of the start of each item of Work; 4. The activity start and stop dates; 5. The activity duration; 6. Successor and predecessor relationships for each activity; 7. A clearly indicated single critical path; and 8. Projected percentage of completion, based on dollar value of the Work included in each activity as of the first day of each month. F. Provide a schedule incorporating the Schedule of Documents provided in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT indicating: 1. Specific dates each document is to be delivered to the Designer. 2. Specific dates each document must be received in order to meet the proposed schedule. 3. Allow a reasonable time to review documents, taking into consideration the size and complexity of the document, other documents being processed, and other factors that may affect review time. 4. Allow time for re -submission of each document. Contractor is responsible for delays associated with additional time required to review incomplete or erroneous Construction Progress Schedule Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013304-2 11-25-2013 documents and for time lost when documents are submitted for products that do not meet Specification requirements. 1.04 SCHEDULE REVISIONS A. Revise the schedule if it appears that the schedule no longer represents the actual progress of the Work. 1. Submit a written report if the schedule indicates that the Project is more than 30 days behind schedule. The report is to include: a. Number of days behind schedule; b. Narrative description of the steps to be taken to bring the Project back on schedule; and c. Anticipated time required to bring the Project back on schedule. 2. Submit a revised schedule indicating the action that the Contractor proposes to take to bring the Project back on schedule. B. Revise the schedule to indicate any adjustments in Contract Times approved by Modification. 1. Include a revised schedule with Change Proposals if a change in Contract Times is requested. 2. OPT will deem any Change Proposal that does not have a revised schedule and request fora change in Contract Times as having no impact on the ability of the Contractor to complete the Project within the Contract Times. C. Updating the Project schedule to reflect actual progress is not considered a revision to the Project schedule. D. Applications for Payment may not be recommended for payment without a revised schedule and if required, the report indicating the Contractor's plan for bringing the Project back on schedule. 1.05 FLOAT TIME A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule. B. Float time is not for the exclusive use or benefit of either the Contractor or Owner. C. Where several subsystems each have a critical path, the subsystem with the longest time of completion is the critical path and float time is to be assigned to other subsystems. D. Contract Times cannot be changed by the submission of a schedule. Contract Times can only be modified by a Change Order or Contract Amendment. E. Schedule completion date must be the same as the Contract completion date. Time between the end of construction and the Contract completion date is float time. Construction Progress Schedule Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013304-3 11-25-2013 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Construction Progress Schedule Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013304-4 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 0133 00 DOCUMENT MANAGEMENT. B. Submit two DVDs of the video recording as Record Data in accordance with SECTION 0133 00 DOCUMENT MANAGEMENT. Video and Photographic Documentation Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013305-2 11-25-2013 01 35 00 SPECIAL PROCEDURES 1.00 GENERAL 1.01 PLAN OF ACTION A. Submit a written plan of action for approval for shutting down essential services. These include: 1. Electrical power, 2. Control power, 3. Pipelines or wastewater systems, 4. Communications equipment, and 5. Other designated functions. B. Describe the following in the plan of action: 1. Scheduled dates for construction; 2. Work to be performed; 3. Utilities, piping, or services affected; 4. Length of time the service or utility will be disturbed; 5. Procedures to be used to carry out the Work; 6. Plan of Action to handle emergencies; 7. List of manpower, equipment, and ancillary supplies; 8. Backups for key pieces of equipment and key personnel; 9. Contingency plan that will be used if the original schedule cannot be met; and C. Submit plan 2 weeks prior to beginning the Work. 1.02 CRITICAL OPERATIONS A. The Owner has identified critical operations that must not be out of service longer than the designated maximum time out of service and/or must be performed only during the designated times. These have been identified in the table below: Critical Operation Max. Time Out of Operation Hours Operation can be Shut Down Liquidated Damages ($ per hour) Low Flow Outlet Releases 1 work day 7 am to 6 pm $100/hr after 6pm Special Procedures Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013500-1 11-25-2013 B. Submit a written plan of action per Paragraph 1.02 for approval for critical operations. C. Work affecting critical operations is to be performed on a 24-hour a day basis until Owner's normal operations have been restored. D. Provide additional manpower and equipment as required to complete the Work affecting critical operations within the allotted time. E. Liquidated damages will be assessed if Work on critical operations is not completed within the time indicated. 1. These items are critical to the compliance to the agreed order between TCEQ and the City of Corpus Christi governing required daily water releases from Choke Canyon Reservoir. The releases can only be taken through the outlet tower at current lake levels. 2. Loss of the ability to release permitted water can subject the Owner to loss of revenue, additional operations cost, and fines from regulatory agencies. 3. Liquidated damages have been established for each critical operation. F. Designated Critical Operations are described in more detail as follows: 1. Critical Operation 1- Low Flow Outlet Releases a. Low flow outlet releases are passed through the outlet tower containing Sluice Gate 3 and Gate 4, however, they are currently released from Gate 2. These operations should be fine to continue during construction, or if required by contractor means and methods, Gate 2 can be closed during regular working hours, however, flow must be restored by the end of the work day to comply with the TCEQ agreed order. 1.03 OWNER ASSISTANCE A. The Owner will assist the Contractor in opening the gates for site access and operating the sluice gates for acceptance testing. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Special Procedures Choke Canyon Dam Sluice Gate Stem Repairs — E16237 013500-2 11-25-2013 01 40 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 014000-1 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 014000-2 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 014000-3 11-25-2013 Documents and why it does not comply. Submit these test reports as part of a Shop Drawings submitted per SECTION 0133 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 0133 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 0133 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 014000-5 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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. J. Quality Management Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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. e. 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. b. Make checks daily and record observations in the quality control documentation. 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 014000-8 11-25-2013 01 50 00 TEMPORARY FACILITIES AND CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide temporary facilities, storage sheds, and any temporary utilities needed to complete the Work. B. Install and maintain temporary Project identification signs as needed. 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. 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. 3. Prevent freezing of pipes, flooding, or the contamination of water. 4. Maintain Site security and protection of the facilities. Temporary Facilities and Controls Choke Canyon Dam Sluice Gate Stem Repairs — E16237 01 50 00 - 1 11-25-2013 1.05 OPTIONS A. Storage sheds may be prefabricated buildings on skids or truck trailers. 2.00 PRODUCTS 2.01 TEMPORARY FIELD OFFICES (NOT REQUIRED) 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 (NOT REQUIRED) 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 (NOT REQUIRED) 3.03 TEMPORARY LIGHTING A. Provide lighting that is adequate to perform Work within any space. Temporary lights may be removed once the permanent lighting is in service. B. 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 appropriate water for the field crew from Contractor's vehicles. 3.05 CONSTRUCTION FENCE A. Not Applicable as long as no materials are stored on site. 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. END OF SECTION Temporary Facilities and Controls Choke Canyon Dam Sluice Gate Stem Repairs — E16237 015000-2 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. (NOT USED) 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. (NOT USED) 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 0133 03 RECORD DATA. 1.04 STANDARDS (NOT USED) A. Provide a SWPPP that complies with all requirements of TPDES General Permit No. TXR150000 and any other applicable Laws and Regulations. Temporary Controls Choke Canyon Dam Sluice Gate Stem Repairs — E16237 015700-1 11-25-2013 B. Perform Work to comply with the City of Corpus Christi Code of Ordinances, Part III, Chapter 14, Article X - titled "STORM WATER QUALITY MANAGEMENT PLANS" and any other applicable Laws and Regulations. 1.05 PERMITS (NOT USED) 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 Nal 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 (NOT USED) 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. Temporary Controls Choke Canyon Dam Sluice Gate Stem Repairs — E16237 015700-2 11-25-2013 C. Return any property disturbed by construction activities to either specified conditions or pre -construction conditions as set forth in the Contract Documents. Provide an overall erosion and sedimentation control system that will protect all undisturbed areas and soil stockpiles/spoil areas. Implement appropriate Best Management Practices and techniques to control erosion and sedimentation and maintain these practices and techniques in effective operating condition during construction. Permanently stabilize exposed soil and fill as soon as practical during the Work. D. Assume sole responsibility for the means, methods, techniques, sequences, and procedures for furnishing, installing, and maintaining erosion and sedimentation control structures and procedures and overall compliance with the TPDES General Permit. Modify the system as required to effectively control erosion and sediment. E. Retain copies of reports required by the TPDES General Permit for 3 years from date of Final Completion. 1.07 POLLUTION CONTROL A. Prevent the contamination of soil, water, or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air -borne pollutants. Prevent dispersal of pollutants into the atmosphere. Do not dump or otherwise discharge noxious or harmful fluids into drains or sewers, nor allow noxious liquids to contaminate public waterways in any manner. B. Provide equipment and personnel and perform emergency measures necessary to contain any spillage. 1. Contain chemicals in protective areas and do not dump on soil. Dispose of such materials at off-site locations in an acceptable manner. 2. Excavate contaminated soil and dispose at an off-site location if contamination of the soil does occur. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil. 3. Provide documentation to the Owner which states the nature and strength of the contaminant, method of disposal, and the location of the disposal site. 4. Comply with Laws and Regulations regarding the disposal of pollutants. C. Groundwater or run-off water which has come into contact with noxious chemicals, sludge, or sludge -contaminated soil is considered contaminated. Contaminated water must not be allowed to enter streams or water courses, leave the Site in a non -contained form, or enter non -contaminated areas of the Site. 1. Pump contaminated water to holding ponds constructed by the Contractor for this purpose, or discharge to areas on the interior of the Site, as designated by the OAR. 2. Construct temporary earthen dikes or take other precautions and measures as required to contain the contaminated water and pump to a designated storage area. 3. Wash any equipment used for handling contaminated water or soil within contaminated areas three times with uncontaminated water prior to using such equipment in an uncontaminated area. Dispose of wash water used to wash such equipment as contaminated water. Temporary Controls Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 (NOT USED) 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 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 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 CONTAMINATED GROUNDWATER (NOT USED) A. An allowance will be included in the Bid for the unanticipated disposal of contaminated groundwater. This allowance may not be needed but is provided in case contaminated groundwater is encountered during the course of the Project and does not meet the water quality requirements for discharge into the storm water or wastewater systems. This allowance includes all materials, tools, equipment, labor, transportation, hauling, coordination, and proper disposal of the contaminated water at an approved landfill, deep water injection well, or other site as agreed to by the Designer. B. The payment for this Work will be based on the Contractor's actual costs and will be negotiated. 1.12 DISPOSAL OF HIGHLY CHLORINATED WATER (NOT USED) 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 0135 00 SPECIAL PROCEDURES. Do not use the Owner's sanitary sewer system for disposal of contaminated water. 1.13 WINDSTORM CERTIFICATION (NOT USED) 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. 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. Temporary Controls Choke Canyon Dam Sluice Gate Stem Repairs — E16237 015700-5 11-25-2013 2.00 PRODUCTS 2.01 MATERIALS A. Provide materials that comply with Laws and Regulations. 3.00 EXECUTION 3.01 CONSTRUCTING, MAINTAINING AND REMOVING TEMPORARY CONTROLS A. Construct temporary controls in accordance with Laws and Regulations. B. Maintain controls in accordance with regulatory requirements where applicable, or in accordance with the requirements of the Contract Documents. C. Remove temporary controls when no longer required, but before the Project is complete. Correct any damage or pollution that occurs as the result of removing controls while they are still required. END OF SECTION Temporary Controls Choke Canyon Dam Sluice Gate Stem Repairs — E16237 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 017000-1 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 0131 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 0133 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION. 1.07 TRANSFER OF UTILITIES (NOT USED) 1.08 WARRANTIES, BONDS, AND SERVICES AGREEMENTS A. Provide warranties, bonds, and service agreements required by SECTION 0133 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. 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. Execution and Closeout Requirements Choke Canyon Dam Sluice Gate Stem Repairs — E16237 017000-2 11-25-2013 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 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 017000-3 11-25-2013 05 50 00 METAL FABRICATIONS 1.00 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section includes the following: 1. Structural steel for use in fabrication of sluice gate stems and mounting brackets 2. Bronze for use in stem guides and couplings. 1.03 DEFINITIONS A. Structural Steel: Elements of structural -steel frame, as classified by AISC's "Code of Standard Practice for Steel Buildings and Bridges," that support design loads. 1.04 PERFORMANCE REQUIREMENTS (NOT USED) 1.05 SUBMITTALS A. Shop Drawings: Show fabrication of structural -steel components. 1. Include details of cuts, connections, splices, camber, holes, and other pertinent data. 2. Indicate welds by standard AWS symbols, distinguishing which show size, length, and type of each weld. B. Welding Certificates: 1. Provide the following welding certificates: a. Weld Procedure Specifications (WPSs) for all welds indicated in the Contract Documents. 1). If a WPS is not prequalified in accordance with AWS D1.1, then submit a performance qualification record (POR) for each WPS that is not prequalified. b. Personnel qualifications for each person performing welding on the Site. C. Qualification Data: For testing agency, installer and fabricator. D. Mill Test Reports: Signed by manufacturers certifying that the following products comply with requirements: 1. Structural steel including chemical and physical properties. 2. Bronze including chemical and physical properties. E. Paint Compatibility Certificates: From manufacturers of topcoats applied over shop primers certifying that shop primers are compatible with topcoats. F. Source Quality -Control Test Reports. Metal Fabrications 05 50 00 - 1 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 1.06 QUALITY ASSURANCE A. Installer Qualifications: A qualified installer with a record of successfully performed projects of comparable size and complexity during the previous 5 years. B. Installer Qualifications: A qualified installer is one who participates in the AISC Quality Certification Program and is designated an AISC-Certified Erector, Category as follows: 1. Certified Steel Erector. 2. Advanced Certified Steel Erector. C. Fabricator Qualifications: A qualified fabricator with a record of successfully performed projects of comparable size and complexity during the previous 5 years. D. Shop -Painting Applicators: 1. Qualified according to AISC's Sophisticated Paint Endorsement: a. P1 -Sophisticated Paint Endorsement -Enclosed. E. Welding: Qualify procedures and personnel according to AWS D1.1, "Structural Welding Code --Steel." F. Comply with applicable provisions of the following specifications and documents: 1. AISC's "Code of Standard Practice for Steel Buildings and Bridges." 2. AISC's "Seismic Provisions for Structural Steel Buildings" and "Supplement No. 2." 1.07 DELIVERY, STORAGE, AND HANDLING A. Store materials to permit easy access for inspection and identification. Keep steel members off ground and spaced by using pallets, dunnage, or other supports and spacers. Protect steel members and packaged materials from erosion and deterioration. 1. Store fasteners in a protected place. Clean and re -lubricate bolts and nuts that become dry or rusty before use. a. If allowed, Tension -Control bolt assemblies shall be protected from moisture and corrosion. Tension -Control bolts may not be cleaned or re -lubricated. 2. Do not store materials on structure in a manner that might cause distortion, damage, or overload to members or supporting structures. Repair or replace damaged materials or structures as directed. 2.00 PRODUCTS 2.01 STRUCTURAL -STEEL MATERIALS A. As indicated on the Drawings. B. Structural Steel Shapes, Plates, and Bars: ASTM A572. C. Stainless Steel: ASTM A276, Type 316. D. Stainless Steel Bolts: ASTM F593, Type 316, unless noted otherwise. E. Bronze Bar, Rods, and Shapes: ASTM B21 or ASTM B98. Metal Fabrications 05 50 00 - 2 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 F. Bronze Castings: ASTM B584, Alloy UNS No. C83600 (leaded red brass) or No. C84400 (leaded semi -red brass). G. Welding Electrodes: Comply with AWS requirements. 1. Unless indicated otherwise, all electrodes shall be E70XX, low hydrogen. 2.02 PRIMER A. Refer to Section 09 96 00.01 "High -Performance Coatings". 2.03 FABRICATION A. Structural Steel: Fabricate and assemble in shop to greatest extent possible. Fabricate according to AISC's "Code of Standard Practice for Steel Buildings and Bridges" and ANSI/AISC 360 1. Camber structural -steel members where indicated. 2. Mark and match -mark materials for field assembly. 3. Complete structural -steel assemblies, including welding of units, before starting shop - priming operations, if required. B. Drawings indicate the design, sections and weights of members. Substitutions shall not be permitted except upon written permission from the Engineer. C. Thermal Cutting: Perform thermal cutting by machine to greatest extent possible. 1. Plane thermally cut edges to be welded to comply with requirements in AWS D1.1. D. Bolt Holes: Cut, drill or punch bolt holes perpendicular to metal surfaces. 1. Unless noted otherwise, all holes shall be AISC standard. E. Finishing: Accurately finish ends of columns and other members transmitting bearing loads. F. Cleaning: Clean and prepare steel surfaces that are to remain unpainted according to SSPC- SP 2, "Hand Tool Cleaning." G. Weld Connections: Comply with AWS D1.1 for welding procedure specifications, tolerances, appearance, and quality of welds and for methods used in correcting welding work. 1. Assemble and weld built-up sections by methods that will maintain true alignment of axes without exceeding tolerances of AISC's "Code of Standard Practice for Steel Buildings and Bridges" for mill material. 2.04 SHOP PRIMING A. Shop prime steel surfaces. B. Surface Preparation: Clean surfaces to be painted. Remove loose rust and mill scale and spatter, slag, or flux deposits. Prepare surfaces according to the following specifications and standards: 1. Refer to Section 09 96 00.01 "High -Performance Coatings". C. Priming: Immediately after surface preparation, apply primer according to manufacturer's written instructions and at rate recommended by SSPC to provide a dry film thickness of not Metal Fabrications 05 50 00 - 3 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 less than 1.5 mils. Use priming methods that result in full coverage of joints, corners, edges, and exposed surfaces. 2.05 SOURCE QUALITY CONTROL A. Contractor will engage an independent testing and inspecting agency to perform shop tests and inspections and prepare test reports. 1. Provide testing agency with access to places where structural -steel work is being fabricated or produced to perform tests and inspections. B. Correct deficiencies in Work that test reports and inspections indicate does riot comply with the Contract Documents. C. Welded Connections: 1. Full penetration welds and other welds as specified: In addition to 100 percent visual inspection, 10 percent of connections will be tested and inspected according to AWS 01.1 and the following inspection procedures, at testing agency's option: a. Liquid Penetrant Inspection: ASTM E165. b. Magnetic Particle Inspection: ASTM E709; performed on root pass and on finished weld. Cracks or zones of incomplete fusion or penetration will not be accepted. c. Ultrasonic Inspection: ASTM E164. d. Radiographic Inspection: ASTM E94. 3.00 EXECUTION 3.01 EXAMINATION A. Dimensions scaled from the Drawings shall not be used for fabrication, and the Contractor shall determine actual dimensions of the structure. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.02 PREPARATION A. Provide temporary shores, guys, braces, and other supports during erection to keep structural steel secure, plumb, and in alignment against temporary construction loads and loads equal in intensity to design loads. Remove temporary supports when permanent structural steel, connections, and bracing are in place, unless otherwise indicated. 3.03 ERECTION A. Set structural steel accurately in locations and to elevations indicated and according to AISC's "Code of Standard Practice for Steel Buildings and Bridges" and "Specification for Structural Steel Buildings," ANSI/AISC 360. B. Maintain erection tolerances of structural steel within AISC's "Code of Standard Practice for Steel Buildings and Bridges." C. Align and adjust various members forming part of complete frame or structure before permanently fastening. Before assembly, clean bearing surfaces and other surfaces that will Metal Fabrications 05 50 00 - 4 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 be in permanent contact with members. Perform necessary adjustments to compensate for discrepancies in elevations and alignment. 1. Make allowances for difference between temperature at time of erection and mean temperature when structure is completed and in service. D. Splice members only where indicated. E. Do not use thermal cutting during erection unless approved by Engineer. Finish thermally cut sections within smoothness limits in AWS D1.1. 3.04 FIELD CONNECTIONS (NOT USED) 3.05 FIELD QUALITY CONTROL (NOT USED) 3.06 REPAIRS AND PROTECTION A. Touchup Painting: Cleaning and touchup painting shall be performed in accordance with the requirements in Section 09 9611.01 "High -Performance Coatings". END OF SECTION Metal Fabrications 05 50 00 - 5 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 40 05 50 SLUICE GATES 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish labor, materials, equipment and incidentals necessary to install new sluice gate parts as shown in the schedule with stems, stem guides, and other related appurtenances. 1.02 QUALITY ASSURANCE A. The acceptance of all field fabricated items shall be made by the Owner's representative at the project site. The Contractor shall furnish a fabrication coordinator, acceptable to the Owner, assigned to the fabrication shop. The coordinator shall be qualified in structural steel fabrication and testing and shall facilitate communications concerning the shop drawing reviews and/or the resolving of any questions or testing required by the Engineer. The coordinator shall also furnish weekly reports, including work progress, material certificates, welder's qualifications, welding reports and tests, and shop assembly methods, measurements and sequence photographic documentation of the shop fabrication. Upon arrival to the project site, the Owner's representative may require additional inspection and testing of all shop fabricated items. Partial payments for materials -on -hand will not be made until the shop fabricated items have been delivered to the site and the Owner's representative has approved the items for final erection. Final assembly will be observed and tested at the construction site by the Owner's Representatives. Upon final assembly, the Owner may require additional testing of shop welds. Any defects found at any time shall be corrected in accordance with the General Conditions. 1.03 SUBMITTALS A. Submittals shall be in accordance with Section 0133 00 "Document Management" and shall include: 1. Work Plan and Sequencing: a. The work plan shall detail out the sequence used and the method employed to install the new sluice gate stems, stem guides, and other related appurtenances. Gates can only be worked on when their operation is disabled. 2. Shop Drawings: a. Prior to beginning of manufacture, prepare and submit, for approval, detailed shop drawings of each repair or replacement component and fabrication. The shop drawings shall indicate the fabrication of parts, type and size of all welds. Welding information shall include welding processes, procedures, and equipment descriptions to be used in each phase of the work for approval prior to commencement of any welding. b. Accompanying the shop drawings, submit, for review and approval, a proposal outlining in sequential order the principal shop and field (site) operations required to fabricate, assemble, install, test, and inspect each repair or replacement and their associated components and appurtenances. Sluice Gates 40 05 50 - 1 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 3. Material List: Submit a list designating the type, grade and class of materials to be used for each item. Where mill tests are required, the purchase orders shall contain the test site address and the name of the testing agency. 4. Schedule: Submit a separate detailed schedule for the removal, preparation, installation, testing and inspection of each repair. 1.04 STANDARDS A. The applicable provisions of the following standard shall apply as if written here in its entirety: 1. American Water Works Association (AWWA) Standards: AWWA C560-00 Cast Iron Slide Gates 2.00 PRODUCTS 2.01 MATERIALS A. Materials in fabricated gates and appurtenances shall conform to the requirements of the applicable specifications listed below for the alloy, grade, type, or class of material and the condition and finish appropriate to the structural and operational requirements: 1. Structural Steel Shapes, Plates, and Bars: ASTM A572. 2. Stainless Steel: ASTM A276, Type 316. 3. Stainless Steel Bolts: ASTM F593, Type 316, unless noted otherwise. 4. Bronze Bar, Rods, Shapes: ASTM B21 or ASTM B98. 5. Bronze Castings: ASTM B584, Alloy UNS No. C83600 (leaded red brass) or No. C84400 (leaded semi -red brass). 2.02 GATE DEFINITIONS A. Sluice gates are defined as fabricated gates with top, bottom and side seals. 2.03 FABRICATED GATES A. General: 1. Gate parts shall be as specified herein and have the characteristics and dimensions shown on the Contract Documents. 2. All welding shall be performed by welders with AWS certification and be completed in the manufacturing facility. No welding is allowed in the field during installation. 3. Materials: Components Materials Fasteners Stainless Steel, Bronze Nuts Torque Limiter/Guide Plates Bronze Sluice Gates 40 05 50 - 2 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Components Materials Stems Stainless Steel Couplings Bronze Wall Brackets Stainless Steel B. Gate Stem and Lift: 1. Stem guides shall be fabricated with bronze torque limiter/guide plates and bolted to fabricated stainless steel brackets. Stem guide spacing shall be as shown in the Contract Documents, but in no case shall it exceed slenderness ratio lir ratio of 200. 2. An adjustable bronze stop collar shall be provided to limit both upward and downward travel of the fabricated gate. 3. Provision shall be made to prevent stem rotation within the thrust nut at the connection with the gate slide. 3.00 EXECUTION 3.01 INSTALLATION A. Carefully align gate stems, stem guides and gate lifts so the stem is parallel to the guide bars or angles on the gate frame after installation. 3.02 FIELD QUALITY CONTROL A. Prior to final acceptance by the Owner, the slide gates shall be tested in the presence of the Engineer. A seating head corresponding to the maximum water level shall be placed on the slide gate and the gate examined for leakage. The maximum allowable leakage for fabricated gates shall not exceed 0.10 GPM/FT of wetted seal perimeter in seating and unseating head conditions. The slide gates shall be opened from the fully closed position under maximum seating head, and closed from the fully open position under average flow conditions to verify that the gate lift is operational and in satisfactory working order. 3.03 CLEAN AND ADJUST A. After installation, clean, lubricate, and otherwise service the gate and lift in accordance with the manufacturer's instructions. END OF SECTION Sluice Gates 40 05 50 - 3 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 r C_ MX TIOG] mir fii ›z Ifni"oxo m > clo 9 G 0.4 «N� n• lInc a en 1 CHOKE CANYON DAM SLUICE GATE STEM REPAIRS TITLE SHEET AND VICINITY MAP CITY of CORPUS CHRISTI TEXAS Separime.ni F Engineering Services ale 80Jmnss1 5Sc^�Fp�s�g��Q"� � e pa99 qmh owl 0115.191,1 TOr flN CHOKE CANYON DAM SLUICE GATE STEM REPAIRS GENERAL NOTES AND LEGEND A CITY of CORPUS CHRIST! TEXAS Oeovimeni cf Eng:neer:ng SeMces 2 9 LA, z m m CHOKE CANYON OAM SLUICE GATE STEM REPAIRS INTAKE STRUCTURE PLAN ANC' SECTIONS 0115.191,1 A CITY of CORPUS CHRISTI TEXAS Oeoarimeni cf Eng:neer:ng SeMces H 0115.191,1 CHOKE CANYON OAM SLUICE GATE STEM REPAIRS SLUICE GATE ELEVATIONS AND SIDE VIEWS A CITY Of CORPUS CHR!ST1 TEXAS Oeovrimeni cf Eng:neer:ng SeMces 6o ti z 0 8 D E 'n m m m 0 H m m O 0 9 r r n g 0 Qrn s� a m N 0• ..5 TP, 0 f. Z m NOINVOIANOD 31V0 3: CHOKE CANYON DAM SLUICE GATE STEM REPAIRS, EXISTING SLUICE GATES PHOTOS AND DETAILS 0115.191,1 A CITY of CORPUS CHRIST! TEXAS Oeovimeni cf Eng:neer:ng SeMces M 2 5 a A ale 80J mnssi G 'ON 31YO- L z CHOKE CANYON DAM SLUICE GATE STEM REPAIRS SLUICE GATE OETALS 0115.191,1 A CITY of CORPUS CHRIST! TEXAS Oeovimeni cf Eng:neer:ng SeMces M koncri ale 80Jmnss1 z -n m� ger A 'mo m z r O � y z 0 z a m 0 0 z CHOKE CANYON DAM SLUICE GATE STEM REPAIRS' SLUICE GATE OETAJLS 0115.191,1 A CITY of CORPUS CHR!ST1 TEXAS Oeovimeni cf Eng:neer:ng SeMces MEEK 2 ale 80Jmnss1 0 0 0 CHOKE CANYON DAM SLUICE GATE STEM REPAIRS MOUNTING PLATE DETAILS 0115.191,1 A CITY of CORPUS CHRISTI TEXAS Oeovimeni cf Eng:neer:ng SeMces MOISTA 00 91 01 ADDENDUM NUMBER 1 Project: Choke Canyon Dam Sluice Gate Stem Repairs Owner: City of Corpus Christi City Engineer: J.H. Edmonds, P.E. Designer: Freese and Nichols, Inc. Project Number: AB 411 E16237 ATOP: cv2L7 L. Addendum No. 1 Specification Section: 00 9101 Issue Date: 9/20/2016 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by: f Designer] Matt Moses, P.E. 9/19/2016 Name Addendum Items: 1. (]ate Adding $50,000 allowance for miscellaneous items to allow for additional dive inspection and repair as needed ARTICLE 1 — BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA OF 7-410 ••: *' I•r *� *: / • ! MATHEW L. MOSES I <' 104462 t4� 09-r9 Molt. FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM f-2144 A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS A. SECTION 00 30 01 BID FORM: DELETE: SECTION 00 30 01 BID FORM in its entirety. ADD: SECTION 00 30 01 BID FORM in its entirety (Attachment 1). Addendum No. 1 Choke Canyon Dam Sluice Gate Stern Repairs -E16237 009101-1 Rev 01-13-2016 B. SECTION 00 21 13 "INVITATION TO BID AND INSTRUCTIONS TO BIDDERS" - Paragraph 2,02: AMEND: Paragraph 2.02 by deleting: "The Engineer's Opinion of Probable Construction Cost for the Project is $211,200." and add the following: `The Engineer's Opinion of Probable Construction cast for the project is $251,200." ARTICLE 2 — MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS, 2.01 AMEND SPECIFICATIONS A. SECTION 01 23 10 ALTERNATES AND ALLOWANCES - Paragraph 1.04 DELETE: Paragraph 1.04 in its entirety. ADD: New paragraph 1.04 immediately after Paragraph 1.03. "1.04 Description of Allowances A. Allowance B-1 — Miscellaneous Additional Repairs 1. The sum of $50,000.00 to be used for dive inspection and/or the purchase of and installation of miscellaneous repair items identified as needed an the project during construction, This Allowance may or may not be utilized on the project and will only be utilized at the Owner's discretion. The contractor should not rely on this Allowance to be available for use except at the direction of the Owner" B. SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT- Paragraph 1.04 DELETE: Paragraph 1.04 in its entirety. ADD: New Paragraph 1.04 immediately after Paragraph 1.03 "1.04 MEASUREMENT AND BASIS OF PAYMENT FOR ALTERNATES AND ALLOWANCES A. Allowance — Item 8-1— Miscellaneous Additional Repairs (as needed) 1. Payment shall be as negotiated with the Owner when and as needed 2. Measurement shall be as appropriate for the items negotiated with Owner when and as needed" END OF ADDENDUM NO. 1 Addendum No. 3. Choke Canyon Dam Sluice Gate Stem Repairs — E16237 009101-2 Rev 01-13-2016 00 30 01 BID FORM 00 30 01 BID FORM Project Name: Choke Canyon Dam Sluice Gate Stem Repairs Project Number: E16237 Owner: City of Corpus Christi Bidder: Part A - General (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) OAR: TBD Designer: Freese and Nichols, Inc. asts oT E31 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Base Bid Part A - General (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobililzation LS 1 $ - $ - A2 Fabricate and Install New Round Stem EA 3 $ - $ _ A3 Fabricate and Install New Square Stem EA 1 $ - $ - A4 Fabricate and Install New Round Stem Guide Bracket and Mounting Plate EA 3 $ $ A5 Fabricate and Install New Square Stem Guide Bracket and Mounting Plate EA 2 $ $ A6 Fabricate and Install New Round Stem Guide Plate EA 3 $ - $ - A7 Fabricate and Install New Square Stem Torque limiter Plate EA 2 $ $ - A8 Perform Field Test and Commissioning - Sluice Gates EA 2 $ $ _ SUBTOTAL PART A - GENERAL (Items Al thru A8) $ Part B - Allowances (per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) $ - SUBTOTAL PART B - ALLOWANCES (Item B1) B1 Miscellaneous Additional Repairs - as needed LS 1 I $ 50,000.00 $ 50,000.00 SUBTOTAL PART B - GENERAL (Items Bl) $ 50,000.00 BID SUMMARY SUBTOTAL PART A - GENERAL (Items Al thru A8) $ - SUBTOTAL PART B - ALLOWANCES (Item B1) $ 50,000.00 1 TOTAL PROJECT BASE BID (PARTS A THRU B) Contract Times l Bidder agrees to reach Substantial Completion in 120 Bidder agrees to reach Final Completion in 150 Bid Form Choke Canyon Dam Sluice Gate Stem Repairs - E16237 days days Attachment 1 Paste 1 of 1 Page 1 of 1 REV 3.23.241 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1 - BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by HUFFMAN CONTRACTORS, LLC (Type or print name of company) on: September 28, 2016 for E16237 - Choke Canyon Dam Sluice Gate Stem Repairs, 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi, Texas City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Bid - Choke Canyon Dam Sluice Gate Stem Repairs, Project No. E16237 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 2 - BIDDERS"S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 21 13 INVITATION AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forLh in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda. Addendum No. Addendum Date Signature Acknowledging Receipt 1 09/20/2016 ------ 1 09/2212016 '—' Bid Acknowledgement Form Choke Canyon Dam Sluice Gate Stem Repairs – 616237 003000-1 Rev 01.13.2016 ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the -Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and Bid Acknowledgement Form 00 30 00 • 2 Choke Canyon Dam Sluice Gate Stern Repairs — E16237 RPV 01 13 2016 all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4 — BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5 — EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid, the Bidder's responsibility, the Bidder's safety record, the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific. project experience requirements to determine the lowest responsible Bidder, The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids, to waive any and all irregularities in the Bids, or to reject non -conforming, non-responsive or conditional Bids. In addition, the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Form Choke Canyon Darn sluice Gate Stem Repairs — E16237 003000-3 Iry 01-13-2016 ARTICLE 6 —TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7 — ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON -COLLUSION CERTIFICATION. ARTICLE 8 — DEFINED TERM5 8 01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9 — VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County, Texas for any legal action. ARTICLE 10 — SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required. shall attach documentation of signatory authority to the Bid Form. Bid Acknowledgement Form 00 30 00 - 4 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 0113 2016 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include on their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Brd and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. ARTICLE 11— BID SUBMITTAL 11.01 This Bid rs submitted by: Bidder: HUFFMAN CONTRACTORS, 'LLC (typed or printed full legal name of Bidder) Name: IONNIE LANDRY Title: Attest:. (individual's signature) (typed or printed) MANAGING MEMBER State of Residency: Federal Tax Id. No. Address for giving notices: (Cyped yr printed) (individual's signature) TEXAS 46-4917891 814 CARRIAGE LN NEDF.RLAND, TX r762i Phone: 409-540-2191 Email: konnie@ huitmancontractors.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) Bid Acknowledgement Form Choke Canyon Dam Sluice Gate Stem Repairs — E16237 043000 5 Rev 01.132016 END OF SECTION Bid Acknowledgement Form Choke Canyon Dam Sluice Gate Stem Repairs— E16237 003000-6 +try 01-132016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state. including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Bidder (includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: By: Name: Title: Business address: Phone: HUFFMAN CONTRACTORS, LLC (typedrnted) re-- (sign¢ attach evidence of outhority to sign) KONNIE LANDRY (typed or printed) MANAGING MEMBER 814 CARRIAGE LN NELDERLAND, TX 77627 409-540-2191 Email: konnie@huffmancontractors.com END OF SECTION Compliance to State Law on Nonresident Bidders Choke Canyon Dam Sluice Gate Stern Repairs — E16237 003002.1 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest 11;t1 SUPPLIER NUMBER TO BE ASSIGNED BY Lin' a PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Chnsu DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17l 12, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements. Certifications and definitions. COMPANY NAME: HUFFMAN CONTRACTORS, LLC P. O. SOX: N/A STREET ADDRESS: 814 CARRIAGE LN FIRM IS. 1. Corporation 4. Association CITY: NI I )1.RI_.1NI) ZIP: 7762 _ 1346 2. Partnership B 5. Other 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the narnes 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 NONE N/A 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 " iirm." NameTitle NONE NIA NUNt N1A 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 NONE N/A Board, Commission or Committee O\F N 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 NONE N/A City of Corpus Christi Disclosure of Interest 003005-1 Rev 01-13-2016 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 ora 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 1 certify that all information provided is true and correct as of the date of this statement, that f 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: KONNIE LANDRY Title: MANAGING ME\IBI:R am: oiPrialt Signature of Certifying Person: DEFINITIONS Date: 09/27/2016 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. 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. g. "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." "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. City of Corpus Christi Disclosure of Interest 003005-2 Rev 01-13-2016 00 30 06 NON -COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi Texas 78401 CONTRACT: Choke Canyon Darn Sluice Gate Stem Repairs E16237 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: By: Name: HUFFMAN CONTRACTORS, LLC (typed or printed) Y�- (signature -- attach evidence of authority to sign) KONNIE LANDRY {typed or printed) Title: MANAGING MEMBER Business address: 814 CARRIAGE LN Phone: NEDERLAND, TX 77627 409-540-2191 Email: iconnie@hutfmancontractors.com END OF SECTION Non -Collusion Certification Choke Canyon Darn Sluice Gate Stem Repairs - E16237 003006-1 11-25-2013 Secretary of State P.O Box 13697 Austin, TX 78711-3697 FAX 512!463-5709 Filing Fee S300 Certificate of Formation Limited Liability Company Filed in the Office of the Secretary of State of Texas Filing #: 801925235 01/31/2014 Document #: 527400000002 Image Generated Electronically for Web Filing Article 1 - Entity Name and Type The filing entity being formed is a limited liability company The name of the entity is: Huffman Contractors, LLC Article 2 — Registered Agent and Registered Office rA- The initial registered agent is an organization (cannot be company named above) by the name of, OR WS The initia registered agent is an individual resident of the state whose name is set forth below: Name: Konnie L. Landry The ousiness address of the registered agent and the registered office address is: Street Address: 7420 Gulfway Drive Port Arthur TX 77642 Consent of Registered Agent FA. A copy of the consent of registered agents attac^ee OR B. The consent of the registered agent is maintained by the entity. Article 3 - Governing Authority PA, The limited liability company Is to be managed by managers OR rB. The limited liability company will not have managers. Management of the company is reserved to the members, The names and addresses of the governing persons are set forth below: Manager • Konnie L. Landry Title: Manager Address 720 S. 13th Street Nederland TX, USA 77627 Article 4 - Purpose The purpose for which the company is organized is for the transaction of any and all lawful business for which limited liability companies may be organized under the Texas Business Organizations Code. Su u • iemental Provisions 1 Information [The anached addendum if any. is 'incorporated herein by reference Organizer The name and address of the organizer are set forth below. Christopher D. Leavins 550 Fannin, Suite 400, Beaumont, Texas 77701 Effectiveness of Filing PA. This document becomes effective when the document is flied by the secretary of state. OR rs. This document becomes effective at a later date. which is not more than ninety (90) days from the date of as signing. The delayed effective date is Execution The undersigned affirms that the person designated as registered agent has consented to the appointment. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument. Christopher D. Leavins Signature of Organizer FILING OFFICE COPY CIVCAST Report Created On: 9/28/2016 2:38:40 PM PROJECT: E16237 Choke Canyon Dam Sluice Gate Stem Repairs BIDDER: Huffman Contractors, LLC Commercial Divers TOTAL BID: $189,999.60 COMPLETION TIME: Not Required BIDDER INFO: 814 Carriage Ln nederland,TX 77627 P: 409-540-2191 F: CIVCAST Report Created On: 9/28/2016 2::38:40 PM BID FORM BASE BID Total Part A - General $139,999.00 Part B - General $50,000.00 Total $189,999.00 Base Bid Part A - General No. Description Unit Qty Unit Price Ext Price Al Mobilization LS 1 $1,999.00 $1,999.00 A2 Fabricate and Install New Round Stem EA 3 $30,000.00 $90,000.00 A3 Fabricate and Install New Square Stem EA 1 $20,000.00 $20,000.00 A4 Fabricate and Install New Round Stem Guide Bracket and Mounting Plate EA 3 $5,000.00 $15,000.00 A5 Fabricate and Install New Square Stem Guide Bracket and Mounting Plate EA 2 $3,000.00 $6,000.00 A6 Fabricate and install New Round Stem Guide Plate EA 3 $1,000.00 $3,000.00 A7 Fabricate and Install new Square Stem Torque Plate EA 2 $1,000.00 $2,000.00 A8 Perform Field Test and Commissioning - Sluice Gates EA 2 $1,000.00 $2,000.00 Sub Total: $139,999.00 Part B - General No. Description Unit Qty Unit Price Ext Price B1 Miscellaneous Additional Repairs - as needed LS 1 $50,000.00 $50,000.00 Sub Total: $50,000.00 00 52 23 AGREEMENT This Agreement, for the Project awarded on December 13, 2016, is between the City of Corpus Christi (Owner) and Huffman Contractors, LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Choke Canyon Dam Sluice Gate Stem Repairs E16237 ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols, Inc. 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78404 2.02 The Owner's Authorized Representative for this Project is: Wayne Otto, P.E. — Acting Construction Engineer City of Corpus Christi — Engineering Services 4917 Holly Rd., #5 Corpus Christi, TX 78411 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Agreement 00 52 23 - 1 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 06-22-2016 Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $400 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $500 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 — CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $189,999.00 ARTICLE 5 — PAYMENT PROCEDURES 5.01 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. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. Agreement 00 52 23 - 2 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 06-22-2016 B. 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. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 15.01 of the General Conditions. D. 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. E. 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. 5.03 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. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement 00 52 23 - 3 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 06-22-2016 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. Agreement 00 52 23 - 4 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 06-22-2016 ARTICLE 8 — ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. b. n/a 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10 — 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 00 52 23 - 5 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Dipt[y signed by Rebecca Huerbo DN: on*iebecca Huerb3, o. ou, emarzbaccab@mteexaamm. c=US Dais: 2017:01.1614:8398 -0500' Rebecca Huerta City Secretary Digitally sued by Jeff Edmonds DN: en=Jeff Edmonds. o, cuEng¢leenng. emaikjeffreye@cate re eUS Dale: 2017.01.11 16:5567 -06170' J.H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM: 1 156 AUTHORIZED 2017.01.11 11:21:25 -06'00' Janet L. Kellogg Assistant City Attorney BY COUNCIL 12113/16 RH/ML Digitally signed by RHPML Date: 2017.01.11 16:37:34 -06100' ATTEST (IF CORPORATION) CONTRACTOR Konnie Landr MOWN,. L.ey n06Lama, n..40 hun Ctw a.ae,. LLC. Y.n�.�.� 2010..12.0910:00103 -08110' Huffman Contractors, LLC (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: Konnie Landry1:01: en•Konria corenacek LEA. ayeh,pal0 sl'Mantle va, 201,t2..1192S1 41611(f 814 Carriage Ln. Address Nederland, TX 77627 City 409-540-2191 State Zip 504-754-7825 Phone Fax kannie@huffmancontractors.com EMail END OF SECTION Agreement 00 52 23 - 6 Choke Canyon Dam Sluice Gate Stem Repairs — E16237 Rev 06-22-2016 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 CERTIFICATION ONLY OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Huffman Contractors, LLC Nederland, TX United States Certificate Number: 2016-126211 Date Filed: 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 10/19/2016 Date Acknowledged: 7"" e 2017.01.11 11:26:24 -06'00' 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide description of the services, goods, or other property to be provided under the contract. E16237 Choke Canyon Sluice Gate stem Repairs a 4 Name of Interested Party City, State, Country (place of business) Nature (check of interest applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT A` AMANDA KAY JOHNSON I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. r My Commission Expires ,��, January 4, 2017 �_ \'+�ca+E'o ig ture of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE• Sworn to and subscribed before me, by the said K GINVN‘ L IN���`�\ , this the V— I� day of(,C ,-� �� .� �� l I<D6 � 20 ) LQ , to certify which, witness my hand and seal of office. J c' Signature f officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us ersion vl.u. ACORU®CERTIFICATE OF LIABILITY INSURANCE t`� DATE YYYIr) 12/27/2016 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 WANED, 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 Landry Insurance Agency, LLC P.O. Box 333 Port Neches TX 77651 CON IACI NAME: Shawn Landry (PAHicNNo, Ext): 409-724-2454 FAX No): 409-724-1554 ADDRESS: csr@landryinsuranceagency.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Underwriters at Lloyds London A INSURED Huffman Contractors, LLC 814 Carriage Lane Nederland TX 77627 INSURER B : Underwriters at Lioyds London LIABILITY INSURER C : Texas Mutual Y INSURER D : Underwriters at Lloyds London 02/06/2016 INSURER E : Progressive Insurance EACH OCCURRENCE INSURER F : Essex BER: REVISION NUMBER: THIS IS TO CERTIFY THAT INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AL/L -SutfK INSD WVD POLICY NUMBER POLICY IFF M/ (MDDIYYYY) POLICY tXP (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 16L1493 02/06/2016 02/06/2017 EACH OCCURRENCE $ 1.000,000 CLAIMS -MADE X OCCUR u a GE 10 KIN I to PREMISES (Ea occurrence) 50 000 $ , MED EXP (Any one person) $ 5,000 X DEDUCTIBLE 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:/ GENERAL AGGREGATE $ 2,000,000 -- POLICY JEOCT- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 1 OTHER: $ E AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOSAUTOS SCHEDULED AUTOS NON -OWNED Y Y 03672673-1 04/22/2016 04/22/2017 CUa acciMMNtUdent)SINGLE LIMI I (E $ 1,000,000 X BODILY INJURY (Per person) $ — — BODILY INJURY (Per accident) $ — X — PROPERTY DAMAGE (Per accident) $ — $ B X UMBRELLA LIAR EXCESS UAB H OCCUR CLAIMS -MADE Y Y 15L 1419C2004 02/06/2016 02/06/2017 — EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTIONS 25,000 S C WORKERS COMPENSATION ' LI AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) yes.0 DESCRIdON OF OPERATIONS Y / N �Y below N 1 A Y STA -000 l 28.379.1 20150317 03/17/2016 03/17/2017 UTH- STATUTE X ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 D Maritime Employers Liability Y Y 16L1493 02/06/2016 02/06/2017 Any One Person 51,000,000 Any One Accident 51,000,000 DESCRIPTION OF OPERATIONS 1 Project El 6237 Choke LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Canyon Dam ANCELLATION City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 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 5 n, L.9.4',t. y ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i. to bodily injury to another employee of the Named Insured arising out of or in the course of his employment; ii. to property damage to property owned, occupied or used by, rented to, in the care, custody or control of or over which physical control is being exercised for any purpose by another employee of the Named Insured, or by the Named Insured, or if'the Named Insured is a partnership or joint venture, by any partner or member thereof or by the spouse of any of the foregoing. 3. AUTOMATIC COVERAGE - NEWLY ACQUIRED ORGANISATIONS (30 DAYS) v The term Named Insured shall include any organisation which is acquired or formed by the Named Insured and over which the Named Insured maintains ownership or majority interest, other than joint venture, provided this insurance does not apply to bodily injury or property damage with respect to which such new organisation under this policy is also a Named Insured under any other similar liability or indemnity policy or would be a Named Insured under any such policy but for the exhaustion of its limits of liability. The insurance afforded hereby shall terminate 30 days from the date any such organisation is acquired or formed by the Named Insured unless the Underwriters are notified accordingly. ADDITIONAL INSURED PROVISION V A. It is agreed that, if required by written contract, any person, firm or organisation is included as an Additional Insured under this policy, but only with respect to operations performed by the Named Insured or to acts or omissions of the Named Insured in connection with the Named Insured's operations. B. The right of the Named Insured to include any person, firm or organization as an Additional Insured under this policy is subject to the following conditions precedent: i. All duties and obligations imposed upon the Named Insured under this policy shall apply to any and all Additional Insureds(s) included under this provision; ii. All duties and obligations imposed under this policy must be met in full by the Named Insured and the Additional Insured before any coverage is triggered under this policy in favour of the Additional Insured; and Any and all rights and benefits granted to an Additional Insured pursuant to this provision shall cease immediately, and without notice, upon the cancellation of this policy in accordance with Section 14 below. ( 5.) BLANKET WAIVER OF SUBROGATION ENDORSEMENT Underwriters waive their right of subrogation against any principal where waiver has been included as part of a contractual undertaking when required by written contract but only with respect to acts or omissions of the Named Insured in connection with the Named Insured's operations. 6. CROSS SUITS ENDORSEMENT Coverage afforded by this policy does not apply to a claim for damages arising out of bodily injury or property damage, brought about by any Named Insured, Additional Insured or Indemnitee covered by this policy against any other Named Insured, Additional Insured or Indemnitee covered by this policy. 7. "IN REM" ENDORSEMENT It is agreed that any loss, otherwise covered by this policy shall not be considered invalid even though asserted by an action "IN REM" instead of an action "IN PERSONAM". Under no circumstances are Underwriters obligated to arrange, pay for, provide and/or post security in the form of a bond, letter of undertaking or otherwise to obtain the release of a vessel or other property of the Named Insured or any Additional Insured or Indemnitee under this policy. Policy No 16L1493 j I L Page 29 of 48 Endorsement Dated 29 December 2016 attaching to and forming part of Policy No B085616L1493 In the name of Huffman Contractors, LLC Endorsement Effective Date: INTEREST: ASSURED: 00.01 Hours 27th December 2016 Local Standard Time Section 2) Marine General Liabilities It is understood and agreed that the following are added as an Additional Insured and including where required by written contract, 30 days notice of cancellation will be provided (notice to be given to the London Broker). City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas, 78401 Subject to Additional Insured Provision (Clause 4 of Part III - General Conditions) within Osprey Marine General Liability policy wording 01/07/04. All other terms and conditions remain unaltered deReac urw."'"*"-e.#4.4.4 42C--- . % DIRECTOR OR AUTHORISED SIGNATORY DIRECTOR OR AUTHORISED SIGNATORY Certificate Haider LANDRY INS AGECY P.O. BOX 333 PORT NECHES, TX 77651 1-409-724-2454 Certificate of Insurance PRoSREJIIvE� COMMERC/AL Policy number. 03672673-1 Underwritten by: PROGRESSIVE COUNTY MUTUAL INS CO January 3, 2017 Page 1 of 2 Insured Agent Additional Insured HUFFMAN CONTRACTORS,LLC LANDRY INS AGECY CITY OF CORPUS CHRI 814 CARRIAGE LANE P.O. BOX 333 1201 LEOPARD ST NEDERLAND, TX 77627 PORT NECHES, TX 77651 CORPUS CHRIST, TX 78401 This document certifies that insurance polides identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the polities listed below. The coverages afforded by the policies listed below are subject to all the terms, exdusions, limitations, endorsements, and conditions of these polides. Policy Effective Date: Apr 22, 2016 Policy Expiration Date: Apr 22, 2017 tnsurance acveragels) Limits BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT UNINSURED/UNDERINSURED MOTORIST $50,000/$100,000 UNINSURED MOTORIST PROPERTY DAMAGE $50,000 W/$250 DED ANY AUTO BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT Description of locationNehides/Special Items Scheduled autos only 2015 FORD F2S01FT7W2BTXFEB93978 MEDICAL PAYMENTS COMPREHENSIVE COLLISION ROADSIDE ASSISTANCE $10,000 $500 DED $1,000 DED SELECTED 2013 FORD F250 1FT7W2BT8DEB61463 MEDICAL PAYMENTS COMPREHENSIVE COWSION $10,000 $500 DED $1,000 DED 2016 GMC YUKON 1 GKS2CKI5GR242352 MEDICAL PAYMENTS COMPREHENSIVE COWSION ROADSIDE ASSISTANCE $10,000 $500 DED $1,000 DED SELECTED ca Policy number. 03672673-1 Page 2 of 2 Certificate number 00317NET673 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Form 5241 (1021 Landry Ins Agecy P.o. Box 333 Port Neches. TX 77851 Named Insured Huffman Contractors" 814 Carriage Lane Nederland. TX 77827 Policy Changes effective 0110312017 requested by Carmen. Agent. via the !Memel. on 01/03/2017 at 05:32 PM EST. • Additional Insured(s) Added PDag/f Policy Number:03872673 4 / Confirmation Number:00317NET6l3 Policy Term: 04122/201810 04/22/2017 Page 1 of 1 Premium impact Scheduled payments will be unaffected by changes In premium. Nota: In sones cases. the amount actually charged or acetted to your poky for tills change may be different than the amount shown here. This does not rafted any amount currently due. Detailed Change Information Additional Insured(s) Added City Of Corpus Chri 1201 leopard St Corpus Christ. TX 78401 httpsJ/ste.foragenf y.com/cb/sbi001/web.agar/CAFinish.aspx?applicationContextlndex... 1/3/2017 IMMO • WAIVER OF SUBROGATION ENDORSEMENT v This endorsement modifies insurance provided under the following: Business Auto Coverage Form Motor Truck Cargo Legal Liability Coverage Form Commercial General Liability Coverage Form We agree to waive any and all subrogation claims against the person or organization designated below except for losses that are due in whole or part to the negligence or errors and omissions of the designated person or organization. CITY OF CORPUS CHRISTI 1201 LEOPARD ST CORPUS CHRISTI, TX 78401 This endorsement applies to Policy Number: 3672673-1 Issued to: HUFFMAN CONTRACTORS,LLC Endorsement Effective: 01/03/2017 Expiration: 04/22/2017 All other terms, limits and provisions of this policy remain unchanged. Form 8610 TX (05/09) Progressive RUT 3 1/b/:_U1! 4:b1:'L8 FSM PAGE Z/UO3 rax Server IANDRY INS AGECY 0 BOX 333 ?CRT NECHES. r;: 776:' ' -.;'14-724.2.:54 Certificate of Insurance Cari&Ate Holder Additional Inured CITY OF CORPUS CHRISTI 1 701 LEOPARD ST CORPUS CHRIST, TX 78401 losured :i,:FFIlAN CONTRACTORS,LIC 4 CARRIAGE LANE :;CDER LAND, TX 77627 PROORESI/I/E COMMERC/4L Policy number: 03672673-1 Underuvdten by Progresaw County Mutua! ins Cc January 5. 2017 Pare. 1 of 2 Agent tANDRY INS AGECY P.O. BOX. 333 PORI NECHES, TX 77651 this document certifies that insurance poiicies identified below nave been issued by the designated insurer to the insured named above for the oerlodis; indicated. This Certificate is issued fog information purposes only. It confers no rights upon the certificate holder and does not change, age:. modify, or extend the coverages afforded by the policies listed below. The coverages afforrleti by the ::•glides listed :elm,: aresubjei :e all :tie tr:rns, Pei Iusicns, 'imitations, endorsements. and conditions cf these ao: cies rrol�y.ffer; 2; .., . Ireurance cove rag o(: J Bodily Inlury;:',c: _ , Unusured/Undent Cur Uninsured !Jo:0;st Pr.; - . Any Auto Bodily Description of Location/Vehicles/Special !terns Scheduled autos only 2015F0RDF2501 Medical Payments Comprehensive Colliston Roadside Assurance :013 FORD F7501 FT7W2BT8DEB61463 Medical Payments .umprehensrve Colasbn 2016 GMC Medial Paymenr, Comprehensive Collison Roadside Ass r•;tac_e Fol Exp,ra::.:1 Date i3:7 Limits 11,000,000 Combined Single Lrm!t 550,00013100,000 550,000 v.Pi250 Ded 51.000,000 Comy!r!ed Single Lard 5;0,000 1500 Ded 11,000 Ded Selected 110,000 3100 Ded 51,000 Drd 1500 Ded 51,000 DPi :electe:: We will endeavor to pre•ride 30 days notice of cancellation to the certificate hc,de•, out failure to do so shall impose no obligation cr cf air, .:'•:d Joon the nsurer.:t agents or •ea:esentatives. Ixasmutuar WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420304B 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. ( ) Specic 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 OPERAT IONS 3. Premium The premium charge for this endorsement shall be_ZAILL 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 I NCLUDED , SEE I NFORMAT I ON PAGE . This endorsement changes the policy to which it Is attached effectiva on the inception date of the icy unless a different date Is Indicated below. (The ft:Cowing 'attaching clause,' need be completed only when this endorsement Is rued subsequent to prepaM0an of the pcfky.) Thla endorsement, effective on at 12:01 A.M. standard time. forms a past of Poky No. STA -0001284794 20180917 of the Texas Mutual Insurance Company Issued to HUFFMAN CONTRACTORS LLC Premium $ `-diNCCI Carder Code 29939 WC4203046 (ED. 8414014) Endorsement No. 144/14-42 Authorized Representative AGENT'S COPY NXHOLLAR 3-21-2016 TexaSMutuar Insurance Company WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT WC420601 Agent Copy 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. 1. Number of days advance notice: 30 2. Notice will be mailed to: Schedule CITY OF CORPUS CHRISTI 1201 LEOPARD STREET CORPUS CHRISTI TX 78401 This endorsement changes the policy to which It is attached effective on the Inception date of the policy unless a different date is indicated below. (The following 'attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement. effective on 01/0312017 at 12:01 a.m. standard time, forms a part of: Policy No. 0001284794 of Texas Mutual Insurance Company effective on 03/17/2016 Issued to: HUFFMAN CONTRACTORS LLC Premium: $0.00 NCCI Carrier Code: 29939 PO Box 12058, Austin. TX 78711-2058 1 of 1 (800) 859-5995 Fax (800) 359-08501 texasmutual.com Endorsement No. 0002 Authorized Representative 0110512017 WC 42 06 01 00 6116 PAYMENT BOND BOND NO, 463578 Contractor as Principal Name: Huffman Contractors. LLC Mailing address (principal place of business): 814 Carriage Ln. Nederland, TX 77627 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: E16237 Choke Canyon Dam Sluice Gate Stem Repairs Award Date of the Contract: December 13.2016 Contract Price: $189.999.00 Bond Date of Bond: 12/23/2016 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: Developers Surety and Indemnity Company Mailing address (principal place of business): P. O. Box 19725 Irvine, CA 92623 Physical address (principal place of business): 580 North 4th St., Suite #220 Columbus, Ohio 43215 Surety is a corporation organized and existing under the laws of the state of: Iowa By submitting this Bond, Surety affirms its authority to do business In the State of Texas and Its license to execute bonds In the State of Texas. Telephone (main number): 949-263-3300 Telephone (for notice of claim): 949-263-3300 Local Agent for Surety Name: Address: Brunswick Companies 2857 Riviera Dr. Fairlawn, Ohio 44333 Telephone: 330-864-8800 Email Address: jmcquate@brunswickcompanies.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: 14300-252-3439 Payment Bond Form E16237 Choke Canyon Dam Sluice Gate Stem Repairs 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/�� Signature: i �ir_------ Name: f {(on.,., / Lek n4,-, j Title: 1 Ivvi 0451.A s me 0-i-to4v Email Address: , ,,,.:: .e..(30 kd f%rw�Lo,"vxr{t1s. Surety llevel i 'ure ndcn pity Company Signature: 2..D Name: Todd Stein Title: Attorney -In -Pact et mail Address: jmcquatc@hrunswickcompanics.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form E16237 Choke Canyon Dam Sluice Gate Stem Repairs 006116-2 7-8-2014 .`•r • �'t POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725. IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS That except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint: ***Todd Stein, Mark Levinson, Jeff McQuate, jointly or severally"' as its true and lawful Attorney(s)-in-Fact. to make. execute, deliver and acknowledge. for and on behalf of said corporation, as surety. bonds. undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authonty to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents. are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY. effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Vice -President, Senior Vice -President or Vice -President of the corporation be, and that each of them hereby is, authorized to execute this Power of Attomey, qualifying the attorney(s) named in the Power of Attomey to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized 10 attest the execution of any such Power of Attorney: RESOLVED, FURTHER, mat the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this November 21, 2013. By: By: Daniel Young, Senior Vice -President Mark J. Lansdon. Vice -President State of California County of Orange On November 21, 2013 personally appeared Dale before me. OCT. • <° a.: 10 W : 1936 .74 •row a •ala Antonio Alvarado. Notary Public Here Insert Name and Title of the Officer Daniel Young and Mark J. Lansdon ANTONIO ALVARADO ^s: COMM. # 2033556 NOTARY PUBLIC CALIFORNIA `=. 107 ORANGE COUNTY ,l My mmtm. eitpies Aug.9, 2017 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature CERTIFICATE Antonio Alvarado, Notary Public The undersigned. as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney rema ns in fug force and has not been revoked and, furthermore. that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate- nn /J,( This Certificate is executed in the City of Irvine. California this'y, day of 1k\ �i j . 1 V By • 'iK-4- Cassie J. Berristor� ID-1438(Rev.11/13) ssistant Secretary Certificate No. 14900 THIS IS TO CERTIFY THAT Texas Department of Insurance Certificate of Authority Company No. 08-095568 DEVELOPERS SURETY AND INDEMNITY COMPANY WEST DES MOINES, IOWA has complied with the laws of the State of Texas applicable thereto and is hereby authorized to transact the business of Fire; Allied Coverages; Rain; Inland Marine; Employers' Liability; Automobile --Liability & Physical Damage; Liability other than Automobile; Fidelity & Surety; Glass; Burglary & Theft; Forgery; Boiler & Machinery and Reinsurance on all lines authorized to be written on a direct basis insurance within the state of Texas. This Certificate of Authority shall be in full force and effect until it is revoked, canceled or suspended according to law. BY IN TESTIMONY WHEREOF, witness my hand and seal of office at Austin, Texas, this 9th day of February A.D.2010 MIKE GEESLIN COM .SIO R R INS E Godwin Ohaechesi, Director Company Licensing & Registration Developers Surety and Indemnity Company BALANCE SHEET AS OF DECEMBER 31, 2015 (Statutory Basis) Assets Cash and Invested Assets: Cash Bonds Preferred Stocks Common Stocks Total Cash and Invested Assets $10,424,567 72,516,143 1,650,320 41,358,646 Other Assets: Premium in Course of Collection Reinsurance Recoverable on Paid Losses Receivable from Parent Miscellaneous Total Other Assets Total Assets $125,949,676 $8,596,512 471,356 226,814 3,528,203 $12,822,885 Liabilities, Capital and Surplus Liabilities: Outstanding Losses and Loss Expenses Unearned Premiums Ceded Reinsurance Premium Funds Held under Reinsurance Treaty Commissions, Taxes and Other Liabilities Total Liabilities Capital and Surplus: Common Capital Stock Gross Paid In and Contributed Surplus Unassigned Funds (Surplus) Total Equity $138,772,561 Total Liabilities and Equity $27,504,524 12.604,101 2,383,330 2,049,365 4,223,693 $48,765,013 $3,000,000 22,235,885 64,771,663 $90,007,548 $138,772,561 Valuation of securities were provided by pricing service Interactive Data (IDC) CERTIFICATION I, Sam Zaza, President of Developers Surety and Indemnity Company, hereby certify that the foregoing is a full, true and correct copy of the Balance sheet of said Corporation, as of December 31, 2015. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at IRVINE, CA this 7th day of March 2016. President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On this 7th day of March 2016, before me, Lucille Raymond, a Notary Public, personally appeared, Sam Zaza, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument and the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Sig Q' r of Notary Public ID -1472 (DSI) (Rev. 3/16) LUCILLE RAYMOND Commission • 2081945 Notary Public - California Orange County M Comm. Oct 13 2018 f 00 6113 'PERFORMANCE BOND BOND Na 463578 Contractor as Principal Name: Huffman Contractors. LLC Mailing address (principal place of business): 814 Carriage Ln. Nederland, TX 77627 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: E16237 Choke Canyon Dam Sluice Gate Stem Repairs Award Date of the Contract: December 13.2016 Contract Price: $189,999.00 Bond Date of Bond: 12/23/2016 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: Developers Surety and Indemnity Company Mailing address (principal place of business): P. O. Box 19725 Irvine, CA 92623 Physical address (principal place of business): 580 North 4th St., Suite #220 Columbus, Ohio 43215 Surety is a corporation organized and existing under the laws of the state of: Iowa By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 949-263-3300 Telephone (for notice of claim): 949-263-3300 Local Agent for Surety Name: Address: Brunswick Companies 2857 Riviera Dr. Fairlawn, Ohio 44333 Telephone: 330-864-8800 Email Address: jmcquate@brunswickcompanies.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 catling the following toll-free number: 1-800 2523439 Performance Bond E16237 Choke Canyon Dam Sluice Gate Stem Repairs 006113-1 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 Princ'pal Surety Dev lagers ur• .d Indemnity Company A./ 101/11111 Signature: � ` 41 ?..ft ' J1 Signature: 1 Name:✓ 6 IL La Name: Todd stein /�r) Title: J,{ )'&J ?'.' it ��'(� Title: Attorney-In-Pact Email Address: ,/ , A. (d u , . ., , h , f c..0,x Email Address: jmcquatc@brunswickcompanies.com (Attach Power of Attorney and place surety seal below) i4L �y V • 4 it%✓. n• • o•rs•?.,, /`'/illiti1 LtHilW END OF SECTION Performance Bond E16237 Choke Canyon Dam Sluice Gate Stem Repairs 006113-2 7-8-2014 Iy ---• r• n '+ • � 1 �i fit\ a AMO ALVARADO •" My crxnm. expires Aug. O, 2017 {1 COMM. 4 2033556 NOTARY PUBLIC CAL1FORMA ORANGE COUNTY POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725. IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY. does hereby make, constitute and appoint: ***Todd Stein, Mark Levinson, Jeff McQuate, jointly or severally*** as its true and lawful Attorney(s)-in-Fad. to make, execute, deliver and acknowledge. for and on behalf of said corporation. as surety, bonds. undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in•Fad full power and authonty to do and to perform every ad necessary, requisite or proper to be done in connection therewith as each of sad corporation could do, but reserving to each of sad corporation full power of substitution and revocation, and all of the acts of said Attomey(sl-in•Fact, pursuant to these presents. are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors Df DEVELOPERS SURETY AND INDEMNITY COMPANY. effective as o1 January lst, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Vice -President, Senior Vice -President or Vice -President of the corporation be, and that each of them hereby is. authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, Inat the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this November 21, 2013. By: By: Daniel Young, Senior Vice -President Mark J. Landon. Vice -President State of Caldomia County of Orange On November 21, 2013 personally appeared Date before me, �ANO..'1'0,6• yJ,�ppPORgl •.• a OCT Lu ; 10 a: 1936 ".:74)•,.row•,.•••�.4 Antonio Alvarado. Notary Public Here Insert Name and Title of the Officer Daniel Young and Mark J. Lansdon Name(s) o1 Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in hisfieritheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature CERTIFICATE Antonio Alvarado, Notary Public The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore. that the provisions of the resolution of theSoardol•Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate. . 6 This Certificate is executed in the City of Irvine. California this day of - 7-, • ?1- i By: ID-1438(Rev.11/13) /6442(..s Cassie J. Berrisforssistant Secretary Certificate No. 14900 THIS IS TO CERTIFY THAT Texas Department of Insurance Certificate of Authority Company No. 08-095568 DEVELOPERS SURETY AND INDEMNITY COMPANY WEST DES MOINES, IOWA has complied with the laws of the State of Texas applicable thereto and is hereby authorized to transact the business of Fire; Allied Coverages; Rain; Inland Marine; Employers' Liability; Automobile --Liability & Physical Damage; Liability other than Automobile; Fidelity & Surety; Glass; Burglary & Theft; Forgery; Boiler & Machinery and Reinsurance on all lines authorized to be written on a direct basis insurance within the state of Texas. This Certificate of Authority shall be in full force and effect until it is revoked, canceled or suspended according to law. BY IN TESTIMONY WHEREOF, witness my hand and seal of office at Austin, Texas, this 9th day of February A.D. 2010 MIKE GEESLIN COM SIO R i INS Godwin Ohaechesi, Director Company Licensing & Registration Developers Surety and Indemnity Company BALANCE SHEET AS OF DECEMBER 31, 2015 (Statutory Basis) Assets Cash and Invested Assets: Cash Bonds Preferred Stocks Common Stocks Total Cash and Invested Assets $10,424,567 72,516,143 1,650,320 41,358,646 Other Assets: Premium in Course of Collection Reinsurance Recoverable on Paid Losses Receivable from Parent Miscellaneous Total Other Assets Total Assets $125,949,676 $8,596,512 471,356 226,814 3,528,203 $12,822,885 Liabilities, Capital and Surplus Liabilities: Outstanding Losses and Loss Expenses Unearned Premiums Ceded Reinsurance Premium Funds Held under Reinsurance Treaty Commissions, Taxes and Other Liabilities Total Liabilities Capital and Surplus: Common Capital Stock Gross Paid In and Contributed Surplus Unassigned Funds (Surplus) Total Equity $138,772,561 Total Liabilities and Equity $27,504,524 12.604,101 2,383,330 2,049,365 4,223,693 $48,765,013 $3,000,000 22,235,885 64,771,663 $90,007,548 $138,772,561 Valuation of securities were provided by pricing service Interactive Data (IDC) CERTIFICATION I, Sam Zaza, President of Developers Surety and Indemnity Company, hereby certify that the foregoing is a full, true and correct copy of the Balance sheet of said Corporation, as of December 31, 2015. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at IRVINE, CA this 7th day of March 2016. President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On this 7th day of March 2016, before me, Lucille Raymond, a Notary Public, personally appeared, Sam Zaza, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument and the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Sig r of Notary Public ID -1472 (DSI) (Rev. 3/16) LUCILLE RAYMOND Commisslan • 2081945 Notary Public • Cstitornls Orange County Comm. Expires Oct 13 2018 Corporations Section P.O.Box 13697 Austin, Texas 78711-3697 Office of the Secretary of State CERTIFICATE OF FILING OF Huffman Contractors, LLC File Number: 801925235 Nandita Berry Secretary of State The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the above named Domestic Limited Liability Company (LLC) has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law. Dated: 01/31/2014 Effective: 01/31/2014 Phone: (512) 463-5555 Prepared by: Bridget Swonke / ,1,vp,rgJ e#e y Nandita Berry Secretary of State Come visit us on the Internet athttp://www.sos.state.tx.us/ Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services TID: 10306 Document: 527400000002 Corporations Section P.O.Box 13697 Austin, Texas 78711-3697 February 03, 2014 Attn: Germer PLLC Germer PLLC PO Box 4915 Beaumont, TX 77704 USA Office of the Secretary of State RE: Huffman Contractors, LLC File Number: 801925235 Nandita Berry Secretary of State It has been our pleasure to file the certificate of formation and issue the enclosed certificate of filing evidencing the existence of the newly created domestic limited liability company (llc). Unless exempted, the entity formed is subject to state tax laws, including franchise tax laws. Shortly, the Comptroller of Public Accounts will be contacting the entity at its registered office for information that will assist the Comptroller in setting up the franchise tax account for the entity. Information about franchise tax, and contact information for the Comptroller's office, is available on their web site at http ://window. state.tx. us/taxinfo/franc h i se/index. html. The entity formed does not file annual reports with the Secretary of State. Documents will be filed with the Secretary of State if the entity needs to amend one of the provisions in its certificate of formation. It is important for the entity to continuously maintain a registered agent and office in Texas. Failure to maintain an agent or office or file a change to the information in Texas may result in the involuntary termination of the entity. If we can be of further service at any time, please let us know. Sincerely, Corporations Section Business & Public Filings Division (512) 463-5555 Enclosure Phone: (512) 463-5555 Prepared by: Bridget Swonke Come visit us on the Internet at http://www.sos.state.tx.us/ Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services TID: 10285 Document: 527400000002 !Secretary of State P.O. Box 13697 Austin. TX 78711-3697 FAX: 512/463-5709 Filing Fee: $300 Certificate of Formation Limited Liability Company Article 1 - Entity Name and Type Filed in the Office of the Secretary of State of Texas Filing #: 801925235 01/31/2014 Document #: 527400000002 Image Generated Electronically for Web Filing jmhe filing entity being formed is a limited liability company. The name of the entity is: r -- ;Huffman Contractors, LLC Article 2 — Registered Agent and Registered Office f A. The initial registered agent is an organization (cannot be company named above) by the name of: OR E B. The initial registered agent is an individual resident of the state whose name is set forth below: Name: Konnie L. Landry C. The business address of the registered agent and the registered office address is: Street Address: 17420 Gulfway Drive Port Arthur TX 77642 Consent of Registered Agent ;I—A. A copy of the consent of registered agent is attached. OR N7B. The consent of the registered agent is maintained by the entity. Article 3 - Governing Authority FA. The limited liability company is to be managed by managers. OR EB. The limited liability company will not have managers. Management of the company is reserved to the members. The names and addresses of the governing persons are set forth below: Manager 1: Konnie L. Landry Title: Manager Address: 720 S. 13th Street Nederland TX, USA 77627 Article 4 - Purpose the purpose for which the company is organized is for the transaction of any and all lawful business for which limited (liability companies may be organized under the Texas Business Organizations Code. Supplemental Provisions / Information [The attached addendum, if any, is incorporated herein by reference.] Organizer The name and address of the organizer are set forth below. Christopher D. Leavins 550 Fannin, Suite 400, Beaumont, Texas 77701 Effectiveness of Filing PA. This document becomes effective when the document is filed by the secretary of state. OR [`B. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its signing. The delayed effective date is: Execution The undersigned affirms that the person designated as registered agent has consented to the appointment. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument. Christopher D. Leavins Signature of Organizer FILING OFFICE COPY