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HomeMy WebLinkAboutC2017-017 - 2/1/2017 - NA 2017-017 2/01/17 J. S. Haren Company 00 52 23 AGREEMENT This Agreement,for the Project awarded on February 1,2017, is between the City of Corpus Christi (Owner)and J.S. Haren Company (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: City of Corpus Christi Water System Assessment and Optimization O.N.Stevens Water Treatment Plant—Chlorine Dioxide Project Number E16332 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV Engineers 801 Navigation,Ste.300 Corpus Christi,TX 78408 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 45 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 75 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 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion,and completion and readiness for Final Payment as stated in the Contract Agreement 00 52 23-1 E16332 City Water System Assessment—ONSWTP Chlorine Dioxide Rev06-22-2016 INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF City of Corpus Christi Water System Assessment and Optimization O. N . Stevens WTP — Chlorine Dioxide City Project No. E16332 kA City of Corpus Christi Hazen and Sawyer 5262 S. Staples, Suite 300/Corpus Christi, TX 78411/361-992-9000 Record Drawing Number WTR-461 This page intentionally left blank City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. E16332 SEAL SHEET s*s.......................... }WILLWrI LOGAN BURTON ::*1� ...:........................:.. MARC A. SANTOS i 99383 119732 r' 02/18 � —^12/02/16 AU CIVIUMECHANICAL MECHANICAL LNV, INC. HAZEN AND SAWYER TBPE FIRM NO. F-366 TBPE FIRM NO. F-13618 i ........................... rI GERALD JOHN RATASKY t /...............I................. 109486 Ali,�tAli 1Ej....... , 12/02/18 ELECTRICAL HAZEN AND SAWYER TBPE FIRM NO. F-13618 This page intentionally left blank 00 01 00 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements nn 79 9 R iP„i+-,tien +„ Rid -,Pd ire+r-C#0AAr,+te ❑„d do <R .. , 99-39 99 Rod 4141 ,. leel,., eRt P& 00 30 01 Bid Form (Revo1-13-2016) 00 3005 Disclosure of Interest(Revo1-13-2016) 99-39-99 vo-r5-=v 0052 23 Agreement(Rev 01-13-2016) 0061 13 Performance Bond (Rev 01-13-2016) 0061 16 Payment Bond (Revo1-13-2016) 00 72 00 General Conditions (Rev3-23-2015) 00 72 01 Insurance Requirements (Revo1-13-2016) 00 72 02 Wage Rate Requirements(Rev06-12-2015) vo-rt-o� 00 73 00 Supplementary Conditions 99 :74 99 speeial GeRelm+�„r,- fe- Division 01 General Requirements 01 11 00 Summary of Work(Rev01-13-2016) 94 PR 19 01 2900 Application for Payment Procedures (Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Rev01-13-2016) 01 3100 Project Management and Coordination (Rev01-13-2016) 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 3301 Submittal Register(Rev 7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule Table of Contents 000100- 1 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant-Chlorine Dioxide City Project No. 16332 Rev O1-13-2016 Division/ Title Section 01 33 05 Video and Photographic Documentation 01 24 01 guy n, eric-,n orA-yis4„4&/A RAI �z vr- -c= Q1Q 1 24 n2 Buy Ae FiG@R or,..,iSi9RS (T\A4A1 4 n-v� ,.., vrU-v4 guy AMeFiGaR G-P-FtifiG;#i(;P4PIJ4)-P4� 01 35 00 Special Procedures 01 40 00 Quality Management 01 5;Z 00 TeFRP9FaFY CAR4918 01 70 00 Execution and Closeout Requirements Part S Standard Specifications Division 02 Sitework 02 20 20 Excavation And Backfill For Utilities 02 21 00 Select Material 02 52 05 Pavement Repair, Curb, Gutter, Sidewalk& Driveway Replacement 02 54 24 Hot Mix Asphalt Concrete Pavement Part T Technical Specifications Division 00 Procurement and Contracting Requirements 00 05 00 Mobilization Division 01 General Requirements 01 78 23 Operating and Maintenance Data Division 03 Concrete 03 20 00 Concrete Reinforcing 03 30 00 Cast-in-Place Concrete Division 15 Mechanical 15 06 10 Pipe Supports 15 06 20 Preformed Channel Pipe Support System 15 06 50 Thermoplastic Pipe Table of Contents 000100-2 City of Corpus Christi Water System Assessment and Optimization O.N.Stevens Water Treatment Plant-Chlorine Dioxide City Project No. 16332 Rev O1-13-2016 Division/ Title Section 15 43 00 Emergency Eye/Face Wash and Shower Equipment Appendix Title 1 Sodium Chlorite Bulk Storage and Day Tank Proposal—Diamond Fiberglass 2 Chlorine Dioxide Generator Proposal—Chemours END OF SECTION Table of Contents 000100-3 City of Corpus Christi Water System Assessment and Optimization O.N.Stevens Water Treatment Plant-Chlorine Dioxide City Project No. 16332 Rev O1-13-2016 This page intentionally left blank 00 30 01 BID FORM Project City of Corpus Christi Water System Assessment and Optimization Name: O.N.Stevens Water Treatment Plant-Chlorine Dioxide Project E16332 Number: Owner: I City of Corpus Christi Bidder: OAR: Designer: LNV,Inc. Basis of Bid ITEM DESCRIPTION UNIT ESTIMATED UNITPRICE EXTENDED AMOUNT QUANTITY Base Bid Part A-GENERAL(REFER TO SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT FOR COMPLETE DETAILED LINE ITEMS) A-1 MOBILIZATION LS 1 PROVIDE AND INSTALL ALL CIVIL,MECHANICAL,&STRUCTURAL WORK(INCLUDES CHEM FEED PIPING/PIPE SUPPORTS-VALVES, PUMPS,&APPURTENANCES;YARD PIPING/EXCAVATION/BACKFILL-INJECTION POINTS&HOT TAP; A-2 CONCRETE WORK/PAVEMENT REPAIR; LS 1 DEMOBILIZATION/DISPOSAL;AND ALL INSTALLATION OF REQUIRED EQUIPMENT AND INSTALLATION OF CITY PURCHASED EQUIPMENT INCLUDING CHLORINE DIOXIDE GENERATOR SYSTEMS AND SODIUM CHLORITE STORAGE TANKS) PROVIDE ALL ELECTRICAL IMPROVEMENTS(INCLUDES WIRING, A 3 LS CONDUITS,PROGRAMMING,AND CONTROLS/PANELS) 1 SUBTOTAL PART A-GENERAL(Items Al thru A3) Part B-ALLOWANCES(REFER TO SECTION 0123 10 ALTERNATES AND ALLOWANCES FOR COMPLETE DETAILED LINE ITEM) B-1 UNANTICIPATED UTILITY REPAIR/RELOCATION ALLOWANCE LS 1 $ 30,000.00 $ 30,000.00 SUBTOTAL PART B-ALLOWANCES(Item 131) BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A3) SUBTOTAL PART B-ALLOWANCES(Item 131) TOTAL PROJECT BASE BID(PARTS A THRU B) Contract Times Bidder agrees to reach Final Completion in 1 45 Idays Bid Form City of Corpus Christi Water System Assessment and Optimization O.N.Stevens Water Treatment Plant-Chlorine Dioxide 00 30 01-1 City Project No.16332 Rev 12/9/2016 This page intentionally left blank 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BYCTT7— PURCHASING DIVISION City off CITY OF CORPUS CHRISTI City DISCLOSURE OF INTEREST c�tr 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: 1. Corporation 82. Partnership B 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant City of Corpus Christi 003005-1 Disclosure of Interest Rev 01-13-2015 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Title: (-rrnc or Print) 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 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: City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant-Chlorine Dioxide City Proiect No. 16332 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Hazen and Sawyer 5262 S. Staples Street,Suite 300 Corpus Christi,TX,78411 2.02 The Owner's Authorized Representative for this Project is: Dan Grimsbo, P.E. 2726 Holly Road Corpus Christi,TX,78415 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 45 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 30 days after the date when the Contract Times commence to B. Nh-stones, 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 Agreement 005223- 1 City of Corpus Christi Water System Assessment and Optimization O.N.Stevens Water Treatment Plant-Chlorine Dioxide City Project No. 16332 Rev O1-13-2016 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$500 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 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. Agreement 005223-2 City of Corpus Christi Water System Assessment and Optimization O.N.Stevens Water Treatment Plant-Chlorine Dioxide City Project No. 16332 Rev O1-13-2016 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 5.02.13, 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. Agreement 005223-3 City of Corpus Christi Water System Assessment and Optimization O.N.Stevens Water Treatment Plant-Chlorine Dioxide City Project No. 16332 Rev O1-13-2016 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; 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. Agreement 005223-4 City of Corpus Christi Water System Assessment and Optimization O.N.Stevens Water Treatment Plant-Chlorine Dioxide City Project No. 16332 Rev O1-13-2016 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 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; Agreement 005223-5 City of Corpus Christi Water System Assessment and Optimization O.N.Stevens Water Treatment Plant-Chlorine Dioxide City Project No. 16332 Rev O1-13-2016 D. CITY SECRETARY for the City. ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services APPROVED AS 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 EMail END OF SECTION Agreement 005223-6 City of Corpus Christi Water System Assessment and Optimization O.N.Stevens Water Treatment Plant-Chlorine Dioxide City Project No. 16332 Rev O1-13-2016 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. City of Corpus Christi Water System Assessment and Optimization 0.N. Stevens Water Treatment Plant-Chlorine Telephone (main number): Dioxide City Project No. E16332 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 City of Corpus Christi Water System Assessment and Optimization O.N.Stevens Water Treatment Plant-Chlorine Dioxide City Project No. 16332 Rev 01-13-2016 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal 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 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant-Chlorine Dioxide City Project No. 16332 Rev 01-13-2016 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. City of Corpus Christi Water System Assessment and Optimization 0.N. Stevens Water Treatment Plant-Chlorine Telephone (main number): Dioxide City Project No. 16332 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 City of Corpus Christi Water System Assessment and Optimization O.N.Stevens Water Treatment Plant-Chlorine Dioxide City Project No. 16332 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 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant-Chlorine Dioxide City Project No. 16332 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 00 72 00- 1 Corpus Christi Standards- Regular Projects 03-23-2015 6.03 Insu ra nce.....................................................................................................................................25 Article 7—Contractor's Responsibilities.....................................................................................................25 7.01 Supervision and Superintendence..............................................................................................25 7.02 Labor; Working Hours.................................................................................................................25 7.03 Services, Materials, and Equipment ...........................................................................................26 7.04 Concerning Subcontractors, Suppliers, and Others....................................................................26 7.05 Patent Fees and Royalties...........................................................................................................27 7.06 Permits........................................................................................................................................28 7.07 Taxes...........................................................................................................................................28 7.08 Laws and Regulations..................................................................................................................28 7.09 Safety and Protection .................................................................................................................29 7.10 Safety Representative.................................................................................................................30 7.11 Hazard Communication Programs..............................................................................................30 7.12 Emergencies................................................................................................................................30 7.13 Contractor's General Warranty and Guarantee.........................................................................30 7.14 Indemnification...........................................................................................................................31 7.15 Delegation of Professional Design Services................................................................................32 Article 8—Other Work at the Site...............................................................................................................33 8.01 Other Work.................................................................................................................................33 8.02 Coordination ...............................................................................................................................34 8.03 Legal Relationships......................................................................................................................34 Article 9 —Owner's and OPT's Responsibilities...........................................................................................35 9.01 Communications to Contractor ..................................................................................................35 9.02 Replacement of Owner's Project Team Members......................................................................35 9.03 Furnish Data................................................................................................................................35 9.04 Pay When Due.............................................................................................................................35 9.05 Lands and Easements; Reports and Tests...................................................................................35 9.06 Insurance.....................................................................................................................................35 9.07 Modifications..............................................................................................................................35 9.08 Inspections,Tests, and Approvals...............................................................................................35 9.09 Limitations on OPT's Responsibilities .........................................................................................35 9.10 Undisclosed Hazardous Environmental Condition......................................................................36 9.11 Compliance with Safety Program................................................................................................36 General Conditions 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 Article18—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 18.06 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 preconstruction conference or in the Notice to Proceed. 15. Claim -A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern -Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products,wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; C. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents -Those items designated as Contract Documents in the Agreement. 20. Contract Price -The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. General Conditions 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 for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer-The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings -The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract-The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. General Conditions 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 007200- 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. 60. Work-The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive-A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or"calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. General Conditions 007200- 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 007200- 12 Corpus Christi Standards- Regular Projects 03-23-2015 2.02 Copies of Documents A. OPT is to furnish one fully executed Agreement and one copy of the executed Contract Documents in electronic portable document format (PDF). This document is the Project Record Copy of the Contract Documents. 2.03 Before Starting Construction A. Provide the following preliminary documents in accordance with the Contract Documents within 10 days after the Effective Date of the Contract: 1. Progress Schedule; 2. Schedule of Documents; and 3. Schedule of Values and projected cash flow information. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Attend the preconstruction conference as required by the Contract Documents. B. Designate the specific individuals authorized to act as representatives of the Contractor. These individuals must have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of the Contractor. C. Owner is to designate the specific individuals authorized to act as representatives of the Owner and the limits of their authority with regard to acting on behalf of the Owner. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. Requirements of components of the Contract Documents are as binding as if required by all Contract Documents. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OPT. 1. The Contract requirements described in the General Conditions, Supplementary Conditions, and General Requirements (Division 01 Sections of the Specifications) apply to Work regardless of where it is described in the Contract Documents, unless specifically noted otherwise. 2. In offering a Bid for this Project and in entering into this Contract, Contractor represents: a. Contractor has studied the Contract Documents, the Work, the Site, local conditions, Laws and Regulations, and other conditions that may affect the Work; b. Contractor has studied the Technical Data and other information referred to in the Contract Documents and has or will make additional surveys and investigations as deemed necessary for the performance of the Work; C. Contractor has correlated these studies and observations with the requirements of the Contract Documents; and General Conditions 007200- 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 007200- 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 OAR. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Paragraph 11.01. 2. Immediately notify the OAR of conflicts, errors, ambiguities, or discrepancies in the Contract Documents or discrepancies between the Contract Documents and: a. Applicable Laws or Regulations; b. Actual field conditions; C. Standard specifications, manuals, reference standards, or codes; or d. Instructions of Suppliers. 3. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the General Conditions 007200- 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 OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. 3.05 Reuse of Documents A. Contractor's Team has no rights to the Contract Documents and may not use the Contract Documents, or copies or electronic media editions of the Contract Documents, other than for the construction of this Project. This provision survives final payment or termination of the Contract. B. Contractor is allowed to retain a copy of the Contract Documents for record purposes, unless specifically prohibited by the Owner for security reasons. Surrender paper and digital copies of the Contract Documents and other related documents and remove these documents from computer equipment or storage devices as a condition of final payment if the Owner so directs. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times commence to run on the date indicated in the Notice to Proceed. 4.02 Starting the Work A. Begin performing the Work on the date indicated in the Notice to Proceed. Do not begin Work prior to having the insurance required in Article 6 in force or before the date indicated in the Notice to Proceed. General Conditions 007200- 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 007200- 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 007200- 18 Corpus Christi Standards- Regular Projects 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 007200- 19 Corpus Christi Standards- Regular Projects 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 007200-20 Corpus Christi Standards- Regular Projects 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 007200-21 Corpus Christi Standards- Regular Projects 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 007200-22 Corpus Christi Standards- Regular Projects 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 007200-23 Corpus Christi Standards- Regular Projects 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 007200-24 Corpus Christi Standards- Regular Projects 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 007200-25 Corpus Christi Standards- Regular Projects 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 15.01.13 7.03 Services, Materials, and Equipment A. Provide services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat,telephone, water, sanitary facilities, temporary facilities, and other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work, whether or not these items are specifically called for in the Contract Documents. B. Provide new materials and equipment to be incorporated into the Work. Provide special warranties and guarantees required by the Contract 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 007200-26 Corpus Christi Standards- Regular Projects 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 007200-27 Corpus Christi Standards- Regular Projects 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 007200-28 Corpus Christi Standards- Regular Projects 03-23-2015 D. Contractor may submit a Change Proposal or Owner may initiate a Claim within 30 days of this notice if Owner and Contractor are unable to agree on entitlement to or on the amount or extent of adjustments in Contract Price or Contract Times resulting from these changes. 7.09 Safety and Protection A. Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. This responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Take necessary precautions for the safety of persons on the Site or who may be affected by the Work, and provide the necessary protection to prevent damage, injury, or loss to: 1. Work and materials and equipment to be incorporated in the Work, whether stored on or off Site; and 2. Other property at or adjacent to the Site, including trees, shrubs, lawns,walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. C. Comply with applicable Laws and Regulations relating to the safety and protection of persons or property. Erect and maintain necessary safeguards for safety and protection. Notify Owner;the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site when prosecution of the Work may affect them. Cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 1. Comply with requirements of Underground Facility Damage Prevention and Safety Act, Texas Utilities Code Chapter 251. 2. Comply with all applicable safety rules and regulations of the Federal Occupational Health and Safety Act of 1970 and subsequent amendments (OSHA). D. Remedy damage, injury, or loss to property referred to in Paragraph 7.09.B caused by Contractor's Team. Pay remediation costs unless the damage or loss is: 1. Attributable to the fault of the Contract Documents; 2. Attributable to acts or omissions of OPT; or 3. Not attributable to the actions or failure to act of the Contractor's Team. E. Contractor's duties and responsibilities for safety and protection of persons or the Work or property at or adjacent to the Site continues until Work is completed and resumes whenever Contractor's Team returns to the Site to fulfill warranty or correction obligations or to conduct other tasks. F. Comply with the applicable requirements of the Owner's safety program if required to do so in the Supplementary Conditions. A copy of the Owner's safety program will be provided in the Bidding Documents. General Conditions 007200-29 Corpus Christi Standards- Regular Projects 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 007200-30 Corpus Christi Standards- Regular Projects 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 007200-31 Corpus Christi Standards- Regular Projects 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 007200-32 Corpus Christi Standards- Regular Projects 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 007200-33 Corpus Christi Standards- Regular Projects 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 007200-34 Corpus Christi Standards- Regular Projects 03-23-2015 E. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related damages, delays, disruptions, and interference with other work at the Site are as set forth in Paragraph 7.14. ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. General Conditions 007200-35 Corpus Christi Standards- Regular Projects 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 007200-36 Corpus Christi Standards- Regular Projects 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 007200-37 Corpus Christi Standards- Regular Projects 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 007200-38 Corpus Christi Standards- Regular Projects 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 007200-39 Corpus Christi Standards- Regular Projects 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 007200-40 Corpus Christi Standards- Regular Projects 03-23-2015 2. Changes in Contract Price resulting from Owner set-offs unless the set-off has been successfully challenged by Contractor; 3. Changes in the Work which are: a. Ordered by Owner pursuant to Paragraph 11.02.A, b. Required because Defective Work was accepted under Paragraph 14.04 or Owner's correction of Defective Work under Paragraph 14.07, or C. Agreed to by the Owner and Contractor; and 4. Changes in the Contract Price or Contract Times, or other changes under Paragraph 11.06 or Article 12. B. Acceptance of a Change Order by Contractor constitutes a full accord and satisfaction for any and all claims and costs of any kind, whether direct or indirect, including but not limited to impact, delay, or acceleration damages arising from the subject matter of the Change Order. Each Change Order must be specific and final as to prices and extensions of time, with no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. The execution of a Change Order by Contractor constitutes conclusive evidence of Contractor's agreement to the ordered changes in the Work. This Contract, as amended, forever releases any claim against Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. This release applies to claims related to the cumulative impact of all Change Orders and to any claim related to the effect of a change on unchanged Work. C. All Change Orders require approval by either the City Council or Owner by administrative action. The approval process requires a minimum of 45 days after submission in final form with all supporting data. Receipt of Contractor's submission by Owner constitutes neither acceptance nor approval of a Bid, nor a warranty that the Bid will be authorized by City Council or administrative action. The time required for the approval process may not be considered a delay and no extensions to the Contract Times or increase in the Contract Price will be considered or granted as a result of the process. Contractor may proceed with Work if a Work Change Directive is issued. D. A Change Order is deemed to be in full force as if executed by Contractor if the Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07. 11.08 Notice to Surety A. Notify the surety of Modifications affecting the general scope of the Work, changes in the provisions of the Contract Documents, or changes in Contract Price or Contract Times. Adjust the amount of each Bond when Modifications change the Contract Price. General Conditions 007200-41 Corpus Christi Standards- Regular Projects 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 007200-42 Corpus Christi Standards- Regular Projects 03-23-2015 2. Owner or Contractor may unilaterally terminate the mediation process after 60 days from the agreement to mediate and resume the Claim submittal and decision process as of the date of the termination. The Claim process resumes as of the date of the conclusion of the mediation, as determined by the mediator, if the mediation is unsuccessful in resolving the dispute. 3. Owner and Contractor are to each pay one-half of the mediator's fees and costs. H. If the entity receiving a Claim approves the Claim in part or denies it in part, this action is final and binding unless the other entity invokes the procedure described in Article 17 for final resolution of disputes within 30 days of this action. I. Notify the OAR if efforts to resolve the Claim are not successful, and the Claim is denied. A denial of the Claim is final and binding unless the other entity invokes the procedure described in Article 17 for the final resolution of disputes within 30 days of the denial. J. The results of the agreement or action on the Claim is to be incorporated in a Change Order by the OAR to the extent they affect the Contract Documents,the Contract Price, or the Contract Times if the Owner and Contractor reach a mutual agreement regarding a Claim. ARTICLE 13—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. The Cost of the Work is the sum of costs described in this Paragraph 13.01, except those excluded in Paragraph 13.01.D, necessary for the proper performance of the Work. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price under cost-plus, time-and-materials, or other cost-based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. B. Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment when the value of the adjustment is determined on the basis of the Cost of the Work. C. Costs included in the Cost of the Work may not exceed the prevailing costs in the proximate area of the Site for similar work unless agreed to by the Owner. Cost of the Work includes only the following items: 1. Payroll costs for Contractor's employees performing the Work, including one foreman per crew, and other required and agreed upon personnel for the time they are employed on the Work. Employees are to be paid according towage 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 007200-43 Corpus Christi Standards- Regular Projects 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 007200-44 Corpus Christi Standards- Regular Projects 03-23-2015 e. Applicable sales, consumer, use, and other similar taxes related to the Work for which the Owner is not exempt, and which Contractor pays consistent with Laws and Regulations; f. Deposits lost for causes other than negligence of Contractor's Team; g. Royalty payments and fees for permits and licenses; h. Cost of additional utilities, fuel, and sanitary facilities at the Site; i. Minor expense items directly required by the Work; and j. Premiums for Bonds and insurance required by the Contract Documents. D. The Cost of the Work does not include the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals of partnerships and sole proprietorships, general managers, safety managers, superintendents, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office, for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.C.1 or specifically covered by Paragraph 13.01.C.4. These administrative costs are covered by the Contractor's fee. 2. Office expenses other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the actions of Contractor's Team for the correction of Defective Work, disposal of materials or equipment that do not comply with Specifications, and correcting damage to property. 5. Losses, damages, and related expenses caused by damage to the Work or sustained by Contractor in connection with the performance of the Work. Contractor is entitled to recover costs if covered by insurance provided in accordance with Article 6. Such losses may include settlements made with the approval of Owner. Do not include these losses, damages, and expenses in the Cost of the Work when determining Contractor's fee. 6. Any Indemnified Cost paid with regard to Contractor's indemnification of Owner's Indemnitees. 7. Other overhead or general expense costs and the costs of items not described in Paragraphs 13.01.C. E. The Contractor's fee is determined as follows: 1. In accordance with the Agreement when the Work is performed on a cost-plus basis. 2. In accordance with Paragraph 11.04.0 for Work covered by a Modification determined on the basis of Cost of the Work. F. Establish and maintain records in accordance with generally accepted accounting practices and submit these records, including an itemized cost breakdown together with supporting General Conditions 007200-45 Corpus Christi Standards- Regular Projects 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.B.1 and 13.02.B.2 above are included in the Contract Price. C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by Contractor for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by Contractor for Work covered by the allowance and this Work is included on the Application for Payment. 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.B corrected if Contractor does not comply with the terms of OAR's instructions, or in an emergency where delay would cause serious risk of loss or damage. D. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to the correction of Defective Work are as set forth in Paragraph 7.14. E. The correction period starts to run from the date when a specific item of equipment or systems are placed in continuous beneficial use by Owner before Substantial Completion of Work if so provided in the Specifications or if accepted for beneficial use by the Owner. F. The correction period is extended for an additional period of 1 year for Defective Work corrected after the date of Substantial Completion or after the accepted date the correction period starts to run as described in Paragraph 15.08.E. This extended correction period starts to run when Defective Work has been satisfactorily corrected under this Paragraph 15.08. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 54 03-23-2015 G. Contractor's obligations under this Paragraph 15.08 are in addition to other obligations or warranties. The provisions of this Paragraph 15.08 are not a substitute for, or a waiver of, the provisions of applicable statutes of limitation or repose. ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. Owner may suspend the Work or a portion of the Work for a period of not more than 90 consecutive days, at any time and without cause, by notice to Contractor. This notice fixes the date on which Contractor is to resume Work. Contractor is entitled to adjustments in the Contract Price and Contract Times directly attributable to this suspension only if efforts are made to mitigate the cost impacts of the suspension. Meet with the Owner within 10 days of the notice of suspension to discuss specific strategies to reduce or eliminate the cost of delays. Submit a Change Proposal seeking an adjustment no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of one or more of the following events constitutes a default by Contractor and justifies termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents, including failure to supply sufficient skilled workers or suitable materials or equipment; 2. Failure to adhere to the Progress Schedule; 3. Failure of the Contractor to provide a satisfactory replacement Bond or insurance in the event either is lost or canceled; 4. Failure of Contractor to maintain financial solvency to adequately complete the Project as indicated by one or more of the following: a. A petition of bankruptcy is filed by or against Contractor, b. Contractor is adjudged as bankrupt or insolvent, c. Contractor or surety makes a general assignment for the benefit of creditors, d. A receiver is appointed for the benefit of Contractor's creditors, or e. A receiver is appointed on account of Contractor's insolvency; 5. Contractor's disregard of Laws or Regulations of public bodies having jurisdiction; or 6. Contractor's repeated disregard of the authority of OPT. B. Contractor and surety must provide adequate assurance of future performance in accordance with the Contract Documents that is satisfactory to Owner if Contractor is believed to be in financial distress due to the existence of one or more of the indicators listed in Paragraph 16.02.A.4. Owner may terminate this Contract if Contractor and surety fail to provide adequate documentation satisfactory to Owner within 10 days of OAR's request for this information. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 55 03-23-2015 C. Owner may declare Contractor to be in default, give notice to Contractor and surety that the Contract is terminated, and enforce the rights available to Owner under the Performance Bond after giving Contractor and surety 10 days' notice that one or more of the events identified in Paragraph 16.02.A has occurred. D. Owner may exclude Contractor from the Site, take possession of the Work, incorporate the materials and equipment stored and complete the Work as Owner may deem expedient if Owner has terminated the Contract for cause. E. Owner may elect not to proceed with termination of the Contract under this Paragraph 16.02 if Contractor begins to cure the cause for termination within 7 days of receipt of notice of intent to terminate. F. Contractor is not entitled to receive further payments until the Work is completed if Owner proceeds as provided in this Paragraph 16.02. The amount of the Contract Price remaining is to be paid to the Contractor if the unpaid balance exceeds the cost to complete the Work. This cost to complete the Work may include related claims, costs, losses, damages, and the fees and charges of engineers, architects, attorneys, and other professionals retained by Owner. Pay the difference to Owner if the cost to complete the Work including related claims, costs, losses, and damages exceeds the unpaid balance of the Contract Price. Claims, costs, losses, and damages incurred by Owner are to be reviewed as to their reasonableness and incorporated in a Change Order by OAR. Owner is not required to obtain the lowest price for the Work performed when exercising its rights or remedies under this paragraph. G. Termination does not affect the rights or remedies of Owner against Contractor or against surety under the Payment Bond or Performance Bond. Owner does not release Contractor from liability by paying or retaining money due Contractor. 16.03 Owner May Terminate For Convenience A. Owner may terminate the Contract without cause after giving 7 days' notice to Contractor of the effective date of termination. Contractor is to be paid for the following if Owner terminates for convenience: 1. Work completed in accordance with the Contract Documents prior to the effective date of termination; 2. Actual costs sustained prior to the effective date of termination for Work in progress, plus a fee calculated in accordance with Paragraph 11.04.D.; and 3. Reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. No payment is payable to Contractor for loss of anticipated overhead, profits or revenue, or other economic loss arising out of or resulting from this termination. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 56 03-23-2015 ARTICLE 17 — FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. The Owner or Contractor may appeal a Claim, approved or denied in part or in full, by: 1. Electing to invoke the dispute resolution process if one is provided for in the Supplementary Conditions; 2. Agreeing with the other party to submit the dispute to a dispute resolution process; or 3. Notifying the other party of the intent to submit the dispute to a court of competent jurisdiction if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to. ARTICLE 18 — MISCELLANEOUS 18.01 Computation of Times A. Exclude the first day and include the last day when determining dates for a period of time referred to in the Contract Documents by days. The last day of this period is to be omitted from the determination if it falls on a Saturday, Sunday, or a legal holiday. B. All references and conditions for a Calendar Day Contract in the Contract Documents apply for a Fixed Date Contract. A Fixed Date Contract is one in which the calendar dates for reaching Substantial Completion and/or final completion are specified in lieu of identifying the number of days involved. 18.02 Owner's Right to Audit Contractor's Records A. By execution of the Contract, Contractor grants Owner the right to audit, examine, inspect and/or copy, at Owner's election at all reasonable times during the term of this Contract and for a period of four (4) years following the completion or termination of the Work, all of Contractor's written and electronically stored records and billings relating to the performance of the Work under the Contract Documents. The audit, examination or inspection may be performed by an Owner designee, which may include its internal auditors or an outside representative engaged by Owner. Contractor agrees to retain its records for a minimum of four (4) years following termination of the Contract, unless there is an ongoing dispute under the Contract, then, such retention period must extend until final resolution of the dispute. As used in these General Conditions, "Contractor written and electronically stored records" include any and all information, materials and data of every kind and character generated as a result of the work under this Contract. Example of Contractor written and electronically stores records include, but are not limited to: accounting data and reports, billings, books, general ledgers, cost ledgers, invoices, production sheets, documents, correspondences, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, Subcontractor agreements, Supplier agreements, rental equipment proposals, federal and state tax filings for any issue in question, along with any and all other agreements, sources of information and matters that may, in Owner's sole judgment, General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 57 03-23-2015 have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. B. Owner agrees to exercise the right to audit, examine or inspect Contractor's records only during regular business hours. Contractor agrees to allow Owner and/or Owner's designee access to all of the Contractor's Records, Contractor's facilities and current or former employees of Contractor, deemed necessary by Owner or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary for Owner or its designees to conduct such audits, inspections or examinations. C. Contractor must include this Section in any Subcontractor, supplier or vendor contract. 18.03 Independent Contractor A. Contractor is to perform its duties under this Contract as an independent contractor. The Contractor's Team and their personnel are not considered to be employees or agents of the Owner. Nothing in this Contract is to be interpreted as granting Contractor's Team the right or authority to make commitments for the Owner. This Contract does not constitute or create a joint venture, partnership, or formal business organization of any kind. 18.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available to the Owner or Contractor by these General Conditions are in addition to, and are not a limitation of, the rights and remedies which are otherwise imposed or available by: 1. Laws or Regulations; 2. Special warranties or guarantees; or 3. Other provisions of the Contract Documents. B. The provisions of this Paragraph 18.03 are as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.05 Limitation of Damages A. Owner's Indemnitees are not liable to Contractor for claims, costs, losses, or damages sustained by Contractor's Team associated with other projects or anticipated projects. 18.06 No Waiver A. The failure of Owner or Contractor to enforce any provision of this Contract does not constitute a waiver of that provision, affect the enforceability of that provision, or the enforceability of the remainder of this Contract. 18.07 Severability A. If a court of competent jurisdiction renders a part of this Contract invalid or unenforceable, that part is to be severed and the remainder of this Contract continues in full force. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 58 03-23-2015 18.08 Survival of Obligations A. Representations, indemnifications, warranties, guarantees, and continuing obligations required by the Contract Documents survive completion and acceptance of the Work or termination of the Contract. 18.09 No Third Party Beneficiaries A. Nothing in this Contract can be construed to create rights in any entity other than the Owner and Contractor. Neither the Owner nor Contractor intends to create third party beneficiaries by entering into this Contract. 18.10 Assignment of Contract A. This Contract may not be assigned in whole or in part by the Contractor without the consent of the Owner. 18.11 No Waiver of Sovereign Immunity A. The Owner has not waived its sovereign immunity by entering into and performing its obligations under this Contract. 18.12 Controlling Law A. This Contract is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 18.13 Conditions Precedent to Right to Sue A. Notwithstanding anything herein to the contrary, Contractor will have at least 90 days to give notice of a claim for damages as a condition precedent to the right to sue on the Contract, subject to the contractual Claims and Alternative Dispute Resolution processes set forth herein. 18.14 Waiver of Trial by Jury A. Owner and Contractor agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Contract, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 18.15 Attorney Fees A. The Parties expressly agree that, in the event of litigation, all parties waive rights to payment of attorneys' fees that otherwise might be recoverable, pursuant to the Texas Civil Practice and Remedies Code Chapter 38, Texas Local Government Code §271.153, the Prompt Payment Act, common law or any other provision for payment of attorney's fees. 18.16 Compliance with Laws A. Comply with the Americans with Disabilities Act of 1990 as amended (ADA) and Texas Architectural Barriers Act and all regulations relating to either statute. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 59 03-23-2015 B. Comply with all applicable federal, state, and city laws, rules and regulations. 18.17 Enforcement A. The City Manager or designee and the City Attorney or designee, are fully authorized and will have the right to enforce all legal rights and obligations under the Contract without further authorization from City Council. 18.18 Subject to Appropriation A. Funds are appropriated by the Owner on a yearly basis. If for any reason funds are not appropriated in any given year, the Owner may direct immediate suspension or termination of the Contract, with no additional liability to the Owner. If the Contractor is terminated or suspended and the Owner requests remobilization at a later date, the Contractor may request payment for reasonable demobilization/remobilization costs. Such costs shall be addressed through a Change Order to the Contract. Under no circumstances may a provision or obligation under this Contract be interpreted as contrary to this paragraph. 18.19 Contract Sum A. The Contract Sum is stated in the Contract and, including authorized adjustments, is the total maximum not -to -exceed amount payable by Owner to Contractor for performance of the Work under the Contract Documents. Contractor accepts and agrees that all payments pursuant to this Contract are subject to the availability and appropriation of funds by the Corpus Christi City Council. If funds are not available and/or appropriated, this Contract shall immediately be terminated with no liability to any party to this Contract. 18.20 Contractor's Guarantee as Additional Remedy A. The Contractor's guarantee is a separate and additional remedy available to benefit the Owner. Neither the guarantee nor the expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the Owner for any claims or causes of action against the Contractor or any other individual or entity. END OF SECTION General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 60 03-23-2015 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1— INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises - 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 $1,000,000 Per Occurrence Contractor's Pollution Liability / Environmental Impairment Coverage Not limited to sudden and accidental discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. $2,000,000 Per Claim • Required X Not Required Builder's Risk (All Perils including Collapse) Equal to Contract Price • Required X Not Required Installation Floater Equal to Contract Price • Required X Not Required Owner's Protective Liability Equal to Contractor's liability insurance • Required X Not Required 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. Insurance Requirements City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 007201-1 Rev 01-13-2016 B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A -VIII or better. D. Furnish copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. 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 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. Insurance Requirements City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 007201-2 Rev 01-13-2016 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. 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; 4. By any other person for any other reason; and 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care, custody, and control of Contractor. Provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor in lieu of elimination of the exclusion, or if required by this Section. Provide Installation Floater insurance that is a broad form or "All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; Insurance Requirements City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 007201-3 Rev 01-13-2016 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. 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. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first -dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third -party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The Insurance Requirements City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 007201-4 Rev 01-13-2016 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 by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; Insurance Requirements City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 007201-5 Rev 01-13-2016 smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner -furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. 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. Insurance Requirements City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 007201-6 Rev 01-13-2016 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. 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 property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These 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. Insurance Requirements City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 007201-7 Rev 01-13-2016 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. 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. Provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi — Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. Insurance Requirements City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 007201-8 Rev 01-13-2016 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 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. Insurance Requirements City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 007201-9 Rev 01-13-2016 F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by 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 Insurance Requirements City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 00 72 01-10 Rev 01-13-2016 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 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 00 72 01-11 Rev 01-13-2016 This page intentionally left blank 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 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 007202-1 REV 06-12-2015 General Decision Number: TX160031 01/08/2016 TX31 Superseded General Decision Number: TX20150031 State: Texas Construction Type: Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis -Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 SUTX1987-001 12/01/1987 Rates CARPENTER (Excluding Form Setting) $ 9.05 Concrete Finisher $ 7.56 ELECTRICIAN $ 13.37 Laborers: Common $ 7.25 Utility $ 7.68 Power equipment operators: Backhoe $ 9.21 Motor Grader $ 8.72 Fringes 2.58 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Wage Rate Requirements City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 007202-2 REV 06-12-2015 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (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. Wage Rate Requirements City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 007202-3 REV 06-12-2015 Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour 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 Rate Requirements City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 007202-4 REV 06-12-2015 Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION END OF SECTION Wage Rate Requirements City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 007202-5 REV 06-12-2015 This page intentionally left blank 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 ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK SC -4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of [10] rain days have been set for this Project. An extension of time due to rain days will be considered only after [10] rain days have been exceeded in a calendar Supplementary Conditions 00 73 00 - 1 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 11-25-2013 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 -5.06 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 00 73 00 - 2 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 11-25-2013 01 1100 SUMMARY OF WORK 1.00 GENERAL 1.01 WORK INCLUDED A. Construct Work as described in the Contract Documents. 1. Provide the materials, equipment, and incidentals required to make the Project completely and fully useable. 2. Provide the labor, equipment, tools, and consumable supplies required for a complete Project. 3. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OAR. 1.02 DESCRIPTION OF WORK A. Work is described in general, non-inclusive terms as: This project will consist of the installation of a chlorine dioxide system to supplement the water treatment processes at the O.N. Stevens Water Treatment Plant. The installation will include the installation of a chlorine dioxide generation system, along with the associated piping, electrical, communication for instrumentation, HVAC, and mechanical components. 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. Not applicable B. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents, the Contractor is to base his Proposal on the most expensive listing. C. Completion of the Work described in this Contract may impact the construction and testing of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. 1.04 WORK BY OWNER 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. Owner to provide chlorine dioxide generators and the sodium chlorite tanks. The proposals for this equipment is shown in Appendix 1 and 2. 2. Owner to perform software integration and control strategies. Summary of Work City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 01 1100 - 1 Rev 01-13-2016 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 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 011100-2 Rev 01-13-2016 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 0129 00 - 1 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 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 01 33 04 CONSTRUCTION PROGRESS SCHEDULE. 2. Project photographs per SECTION 01 33 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION. 3. Record Documents per SECTION 01 31 13 PROJECT COORDINATION. 4. Documentation required to comply with Owner's Minority / MBE / DBE Participation Policy. Application for Payment Procedures 0129 00 - 2 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 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. Divide lump sum line items, including Subcontractor and Supplier amounts in the Schedule of Values into smaller components to allow more accurate determination of the earned value for each item. 1. Provide adequate detail to allow a more accurate determination of the earned value expressed as a percentage of Work completed for each item. 2. Line items may not exceed $50,000.00, unless they are for products, materials, or equipment permanently incorporated into the Project that cannot be subdivided into units or subassemblies. 3. Lump sum items may be divided into an estimated number of units to determine earned value. a. The estimated number of units times the cost per unit must equal the lump sum amount for that line item. b. Contractor will receive payment for the lump sum for the line item, regardless of the number of units installed, unless an adjustment is made by Change Order. 4. Include Contractor's overhead and profit in each line item in proportion to the value of the line item to the Contract Price. 5. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price for each item. 6. These line items may be used to establish the value of Work to be added or deleted from the Project. 7. The sum of all values listed in the schedule must equal the total Contract Price. E. Subdivide each line item in the Schedule of Values into two payment components. The first component is the direct cost for products, materials, and equipment permanently incorporated into the Project. The second component is all other cost associated with the item in the Agreement. The sum of the two components must equal the value of the line item in the Schedule of Values. F. Where a percentage of the line value is allowed for a specified stage of completion, show the value for each stage of completion as a component of that line item cost. 1.03 SCHEDULE OF ANTICIPATED PAYMENTS AND EARNED VALUE A. Submit a schedule of the anticipated Application for Payments showing the application numbers, submission dates, and the anticipated amount to be requested. Incorporate retainage into the development of this schedule of anticipated payments. Application for Payment Procedures City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 012900-3 03-11-2015 B. Submit a tabulation of the anticipated Total Earned Value of Fees, Work, and Materials to create a graphic (curve) representation of the anticipated progress on the Project each month. Adjust this table and curve to incorporate Modifications. Use this curve to compare actual progress on the Project each month by comparing the anticipated cumulative Total Earned Value of Fees, Work, and Materials to the actual Total Earned Value of Fees, Work, and Materials each month. Use the comparison of values to determine performance on budget and schedule. C. Update the Schedule of Payments as necessary to provide a reasonably accurate indication of the funds required to make payments each month to the Contractor for Work performed. 1.04 BASIS FOR PAYMENTS A. Lump Sum Contracts: 1. Payment will be made for the earned value of Work completed during the payment period expressed as a percentage of Work completed for each line item during the payment period per the Contract Documents. 2. Payment amount is the value of Work completed per the Contract Documents multiplied by the percentage of Work completed. 3. Payment for lump sum items divided into an estimated number of units to determine earned value per Paragraph 1.02.E.3 will be made for the measured number of units. 4. Payment for stored materials and equipment will be made per Paragraph 1.05. B. Unit Price Contracts: 1. Payment will be made for the actual quantity of Work completed during the payment period and for materials and equipment stored during the payment period per the Contract Documents. a. Payment amount is the Work quantity measured per the Contract Documents multiplied by the unit prices for that line item in the Agreement. b. Payment for stored materials and equipment will be made per Paragraph 1.05. 2. Measure the Work described in the Agreement for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. 1.05 PAYMENT FOR STORED MATERIALS AND EQUIPMENT. A. Store materials and equipment properly at the Site. 1. Payment will be made for the invoice amount less the specified retainage. 2. Payment for materials and equipment show in the Application for Payment on Attachment A or Attachment B - Tabulation of Work on Approved Contract Modifications will be made for the invoice amount, up to the value show in the Application for Payment Procedures City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 012900-4 03-11-2015 Schedule of Values for that line item. Costs for material and equipment in excess of the value shown in the Schedule of Values may not be added to other line items. 3. Payment will be made in full for the value shown in the line item for products and materials if invoices for materials and equipment are less than the amount shown in the line item and it can be demonstrated that no additional materials or equipment are required to complete Work described in that item. 4. Provide invoices at the time materials are included on Attachment D - Tabulation of Values for Materials and Equipment. Include invoice numbers on Attachment D so that a comparison can be made between invoices and amounts included on Attachment D. B. Provide a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of Liens. Provide documentation of payment for materials and equipment with the next Application for Payment. Adjust payment to the amount actually paid if this differs from the invoice amount. Remove items from the tabulation of materials and equipment if this documentation is not provided. Payment will not be made for material and equipment without documentation of payment. C. Contractors can be paid for non-perishable materials on hand stored at the site, provided that invoices are furnished to the City for verification of the material value; and provide documents, satisfactory to the City, that show that the material supplier has been paid for the materials delivered to the work site. D. Provide evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest. E. The Work covered by progress payments becomes the property of the Owner at the time of payment. The Contractor's obligations with regard to proper care and maintenance, insurance, and other requirements are not changed by this transfer of ownership until accepted in accordance with the General Conditions. F. Payment for materials and equipment does not constitute acceptance of the product. 1.06 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. B. Reduce payments for set -offs per the General Conditions. Include Attachment C — Tabulation of Set -Offs in the Application for Payment. Application for Payment Procedures 0129 00 - 5 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 03-11-2015 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. C. Submit attachments in Portable Document Format (PDF): 1. Generate attachments to the Application for Payment using the Excel spreadsheet provided. Application for Payment Procedures 0129 00 - 6 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 03-11-2015 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; 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; Application for Payment Procedures City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 012900-7 03-11-2015 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 0129 00 - 8 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 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 01 29 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 01 29 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 Measurement and Basis for Payment City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 012901-1 Rev 01-13-2016 g. Mobilization may not exceed 5 percent of the total Contract Price. 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 - Installation of Chlorine Dioxide System at ONSWTP 1. This task includes the installation of the chlorine dioxide system, along with the associated piping, electrical, and mechanical components as shown in the construction plans. This task will be paid on a lump sum basis. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 012901-2 Rev 01-13-2016 01 3100 PROJECT MANAGEMENT AND COORDINATION 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish resources required to complete the Project with an acceptable standard of quality within the Contract Times. B. Construct Project in accordance with current safety practices. C. Manage Site to allow access to Site and control construction operations. D. Construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. E. Provide temporary controls for pollutions, management of water and management of excess earth as required in SECTION 01 57 00 TEMPORARY CONTROLS. 1.02 QUALITY ASSURANCE A. Employ competent workmen, skilled in the occupation for which they are employed. Provide Work meeting quality requirements of the Contract Documents. B. Remove Defective Work from the Site immediately unless provisions have been made and approved by the OPT to allow repair of the product at the Site. Clearly mark Work as Defective until it is removed or allowable repairs have been completed. 1.03 DOCUMENT SUBMITTAL A. Provide documents in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. 1. Provide copies of Supplier's printed storage instructions prior to furnishing materials or products and installation instructions prior to beginning the installation. 2. Incorporate field notes, sketches, recordings, and computations made by the Contractor in Record Drawings. 1.04 PERMITS A. Obtain building permits for the Project from the local authorities having jurisdiction. Pay building permit fees and include this cost in the Contract Price. B. Obtain environmental permits required for construction at the Site. C. Provide required permits for transporting heavy or oversized loads. D. Provide other permits required to conduct any part of the Work. E. Arrange for inspections and certification by agencies having jurisdiction over the Work. F. Make arrangements with private utility companies and pay for fees associated with obtaining services, or for inspection fees. G. Retain copies of permits and licenses at the Site and observe and comply with all regulations and conditions of the permit or license. Project Management and Coordination City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 01 3100 - 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 01 33 03 RECORD DATA. 1.06 ACCESS TO THE SITE A. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe access for normal operations during construction. B. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding, and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections. C. Use roadways for construction traffic only with written approval of the appropriate representatives of each entity. Roadways may not be approved for construction traffic. Obtain written approval to use roads to deliver heavy or oversized loads to the Site. Furnish copies of the written approvals to the Owner as Record Data per SECTION 01 33 03 RECORD DATA. 1.07 CONTRACTOR'S USE OF SITE A. Limit the use of Site for Work and storage to those areas designated on the Drawings or approved by the OAR. Coordinate the use of the premises with the OAR. B. Provide security at the Site as necessary to protect against vandalism and loss by theft. C. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply. D. Park construction equipment in designated areas only and provide spill control measures as discussed in SECTION 01 57 00 TEMPORARY CONTROLS. E. Park employees' vehicles in designated areas only. F. Obtain written permission of the Owner before entering privately -owned land outside of the Owner's property, rights-of-way, or easements. Project Management and Coordination City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 013100-2 Rev 01-13-2016 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. H. Require Workers to wear clothing that is inoffensive and meets safety requirements. Do not allow sleeveless shirts, shorts, exceedingly torn, ripped, or soiled clothing to be worn on the Project. I. Do not allow firearms or weapons of any sort to be brought on to the Site under any conditions. No exception is to be made for persons with concealed handgun permits. Remove any firearms or weapons and the person possessing these firearms or weapons immediately from the Site. 1.08 PROTECTION OF EXISTING STRUCTURES AND UTILITIES A. Examine the Site and review the available information concerning the Site. Locate utilities, streets, driveways, fences, drainage structures, sidewalks, curbs, and gutters. Verify the elevations of the structures adjacent to excavations. Report any discrepancies from information in the Contract Documents to the OAR before beginning construction. B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action per SECTION 01 35 00 SPECIAL PROCEDURES. Coordinate Work with local utility company and others for the relocation or replacement. C. Protect buildings, utilities, street surfaces, driveways, sidewalks, curb and gutter, fences, wells, drainage structures, piping, valves, manholes, electrical conduits, and other systems or structures unless they are shown to be replaced or relocated on the Drawings. Restore damaged items to the satisfaction of the OPT and utility owner. D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless required by the Contract Documents or approved by the OAR. Notify and cooperate with the utility owner if it is necessary to move services, poles, guy wires, pipelines, or other obstructions. E. Protect existing trees and landscaping at the Site. 1. Identify trees that may be removed during construction with OPT. 2. Mark trees to be removed with paint. 3. Protect trees to remain from damage by wrapping trunks with 2 x 4 timbers around the perimeter, securely wired in place, where machinery must operate around existing trees. Protect branches and limbs from damage by equipment. 4. Protect root zone from compaction. Project Management and Coordination City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 013100-3 Rev 01-13-2016 1.09 PRE -CONSTRUCTION EXPLORATORY EXCAVATIONS (NOT APPLICABLE) 1.10 DISRUPTION TO SERVICES / CONTINUED OPERATIONS A. Existing facilities are to continue in service as usual during the construction unless noted otherwise. Owner or utilities must be able to operate and maintain the facilities. Keep disruptions to existing utilities, piping, process piping, or electrical services to a minimum. 1. Do not restrict access to critical valves or operators. 2. Limit operations to the minimum amount of space needed to complete the specified Work. 3. Maintain storm sewers and sanitary sewers in service at all times. Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not restricted. 4. Do not disrupt O.N. Stevens Water Treatment Plant's chlorine operations during connection to chlorine gas header piping. 5. Do not disrupt service water operations during hot tap into service water line. 6. Do not disrupt junction box operations during installation of chemical diffuser piping. 7. Do not disrupt O.N. Stevens Water Treatment Plant's electrical power during electrical tie-ins. B. Provide a Plan of Action in accordance with SECTION 01 35 00 SPECIAL PROCEDURES if facilities must be taken out of operation. 1.11 FIELD MEASUREMENTS A. Perform complete field measurements prior to purchasing products or beginning construction for products required to fit existing conditions. B. Verify property lines, control lines, grades, and levels indicated on the Drawings. C. Check Shop Drawings and indicate the actual dimensions available where products are to be installed. D. Include field measurements in Record Drawings as required in SECTION 01 31 13 PROJECT COORDINATION. 1.12 REFERENCE DATA AND CONTROL POINTS A. The OPT will provide the following control points: 1. Base line or grid reference points for horizontal control. 2. Benchmarks for vertical control. B. Locate and protect control points prior to starting the Work and preserve permanent reference points during construction. Designated control points may be on an existing structure or monument. Do not change or relocate points without prior approval of the OAR. Notify OAR when the reference point is lost, destroyed, or requires relocation. Replace Project control points on the basis of the original survey. Project Management and Coordination City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 013100-4 Rev 01-13-2016 C. Provide complete engineering layout of the Work needed for construction. 1. Provide competent personnel. Provide equipment including accurate surveying instruments, stakes, platforms, tools, and materials. 2. Provide surveying with accuracy meeting the requirements established for Category 5 Construction Surveying as established in the Manual of Practice of Land Surveying in Texas published by the Texas Society of Professional Surveyors, latest revision. 3. Record Data and measurements per standards. 1.13 DELIVERY AND STORAGE A. Deliver products and materials to the Site in time to prevent delays in construction. B. Deliver packaged products to Site in original undamaged containers with identifying labels attached. Open cartons as necessary to check for damage and to verify invoices. Reseal cartons and store properly until used. Leave products in packages or other containers until installed. C. Assume full responsibility for the protection and safekeeping of products stored at the Site. D. Store products at locations acceptable to the OAR and to allow Owner access to maintain and operate existing facilities. E. Store products in accordance with the Supplier's storage instructions immediately upon delivery. Leave seals and labels intact. F. Provide additional storage areas as needed for construction. Store products subject to damage by elements in substantial weather -tight enclosures or storage sheds. Provide and maintain storage sheds as required for the protection of products. Provide temperature, humidity control, and ventilation within the ranges stated in the Supplier's instructions. Remove storage facilities at the completion of the Project. G. Protect the pipe interior. Keep all foreign materials such as dirt, debris, animals, or other objects out of the pipe during the Work. Cap or plug ends of installed pipe in an approved manner when pipe is not being installed. Clean or wash out pipe sections that become contaminated before continuing with installation. Take precautions to prevent the pipe from floating or moving out of the proper position during or after laying operations. Immediately correct any pipe that moves from its correct position. H. Provide adequate exterior storage for products that may be stored out-of-doors. 1. Provide substantial platforms, blocking, or skids to support materials and products above ground which has been sloped to provide drainage. Protect products from soiling or staining. 2. Cover products subject to discoloration or deterioration from exposure to the elements, with impervious sheet materials. Provide ventilation to prevent condensation below covering. 3. Store loose, granular materials on clean, solid surfaces, or on rigid sheet materials, to prevent mixing with foreign matter. 4. Provide surface drainage to prevent erosion and ponding of water. Project Management and Coordination City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 013100-5 Rev 01-13-2016 5. Prevent mixing of refuse or chemically injurious materials or liquids with stored materials. 6. Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt, moisture, and other injurious materials. Protect PVC pipe from ultraviolet light exposure. 7. Store light weight products to prevent wind damage. I. Maintain storage facilities. Inspect stored products on a weekly basis and after periods of severe weather to verify that: 1. Storage facilities continue to meet specified requirements; 2. Supplier's required environmental conditions are continually maintained; and 3. Products that can be damaged by exposure to the elements are not adversely affected. J. Replace any stored item damaged by inadequate protection or environmental controls. K. Payment may be withheld for any products not properly stored. 1.14 CLEANING DURING CONSTRUCTION A. Provide positive methods to minimize raising dust from construction operations and provide positive means to prevent air -borne dust from disbursing into the atmosphere. Control dust and dirt from demolition, cutting, and patching operations. B. Clean the Project as Work progresses and dispose of waste materials, keeping the Site free from accumulations of waste or rubbish. Provide containers on Site for waste collection. Do not allow waste materials or debris to blow around or off of the Site. Control dust from waste materials. Transport waste materials with as few handlings as possible. C. Comply with Laws and Regulations. Do not burn or bury waste materials. Remove waste materials, rubbish and debris from the Site and legally dispose of these at public or private disposal facilities. D. Provide a final cleaning to thoroughly clean the entire Site and make ready for acceptance. 1. Remove construction debris, boxes, and trash from the Site. 2. Remove construction storage sheds and field offices. 3. Restore grade to match surrounding condition and remove excess dirt. 4. Sweep all drives and parking lots clean of dirt and debris. Use water trucks or hose down paved site to like new appearance. 1.15 MAINTENANCE OF ROADS, DRIVEWAYS, AND ACCESS A. Maintain roads and streets in a manner that is suitable for safe operations of public vehicles during all phases of construction unless the Owner approves a street closing. Do not close public roads overnight. Project Management and Coordination City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 013100-6 Rev 01-13-2016 B. Submit a Notification by Contractor for Owner's approval of a street closing. The request shall state: 1. The reason for closing the street. 2. How long the street will remain closed. 3. Procedures to be taken to maintain the flow of traffic. C. Construct temporary detours, including by-pass roads around construction, with adequately clear width to maintain the free flow of traffic at all times. Maintain barricades, signs, and safety features around the detour and excavations. Maintain barricades, signs, and safety features around the Work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). D. Assume responsibility for any damage resulting from construction along roads or drives. 1.16 AREA ACCESS AND TRAFFIC CONTROL A. Provide traffic control measures to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. Provide all-weather access to all residents and businesses at all times during construction. Provide temporary driveways and/or roads of approved material during wet weather. Maintain a stockpile of suitable material on the Site to meet the demands of inclement weather. B. Schedule operations to minimize adverse impact on the accessibility of adjoining properties. Sequence construction to build driveways in half widths, construct temporary ramps, or any other measure required to maintain access to adjoining properties. C. Comply with the Owner's Uniform Barricading Standards and Practices. Copies of this document are available through the Owner's Traffic Engineering Department. Secure required permits from the Owner's Traffic Engineering Department. 1.17 OVERHEAD ELECTRICAL WIRES A. Comply with OSHA safety requirements regarding construction equipment working beneath overhead electrical wires. Prevent and pay for repairs for damage to existing overhead electrical wires or facilities. B. Provide for adequate safety with regard to overhead lines whether overhead lines are or are not shown in the Contract Documents. 1.18 BLASTING A. Blasting is not allowed for any purpose. 1.19 ARCHAEOLOGICAL REQUIREMENTS A. Cease operations immediately and contact the Owner for instructions if historical or archaeological artifacts are found during construction. B. Conduct all construction activities to avoid adverse impact on the Sites where significant historical or archaeological artifacts are found or identified as an area where other artifacts could be found. Project Management and Coordination City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 013100-7 Rev 01-13-2016 1. Obtain details for Working in these areas. 2. Maintain confidentiality regarding the Site. 3. Adhere to the requirements of the Texas Historical Commission. 4. Notify the OAR and the Texas Historical Commission. C. Do not disturb archaeological sites. 1. Obtain the services of a qualified archaeological specialist to instruct construction personnel on how to identify and protect archaeological finds on an emergency basis. 2. Coordinate activities to permit archaeological work to take place within the area. a. Attempt to archaeologically clear areas needed for construction as soon as possible. b. Provide a determination of priority for such areas. D. Assume responsibility for any unauthorized destruction that might result to such Sites by construction personnel, and pay all penalties assessed by the State or Federal agencies for non-compliance with these requirements. E. Contract Times will be modified to compensate for delays caused by such archaeological finds. No additional compensation will be paid for delays. 1.20 ENDANGERED SPECIES RESOURCES A. Do not perform any activity that is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Species Act (ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. B. Cease Work immediately in the area of the encounter and notify the OAR if a threatened or endangered species is encountered during construction. OPT will implement actions in accordance with the ESA and applicable State statutes. Resume construction in the area of the encounter when authorized to do so by the OAR. 1.21 COOPERATION WITH PUBLIC AGENCIES A. Cooperate with all public and private agencies with facilities operating within the limits of the Project. B. Provide a 48-hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Texas 811 at 811 and the Lone Star Notification Company at 1-800-669-8344. Note to Specifier: The information in the table below should be reviewed and updated as necessary for each project. C. For the Contractor's convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 Project Management and Coordination City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 013100-8 Rev 01-13-2016 Public Agencies/Contacts Phone Number Project Engineer 361-883-1984 Logan Burton, P.E. (LNV, Inc.) 361-883-1984 Marc Santos, P.E. (Hazen) 361-992-9000 Traffic Engineering 361-826-3547 Police Department 361-882-2600 Water/ Wastewater/ Stormwater 361-826-1800 (361-826-1818 after hours) Gas Department 361-885-6900 (361-885-6942 after hours) 361-885-5999 (Dispatch after hours) Parks & Recreation Department 361-826-3461 Street Department 361-826-1875 City Street Div. for Traffic Signals 361-826-1610 Solid Waste & Brush 361-826-1973 MIS Department (City Fiber) 361-826-3740 AEP 1-877-373-4858 AT&T 361-881-2511 (1-800-824-4424 after hours) Grande Communications 254-379-4400 Time Warner Communications Crown Castle Communications 1-888-632-0931 Century Tel 361-883-3000 Windstream Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-886-9005 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Project Management and Coordination City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 013100-9 Rev 01-13-2016 This page intentionally left blank 01 31 13 PROJECT COORDINATION 1.00 GENERAL 1.01 WORK INCLUDED A. Administer Contract requirements to construct the Project. Provide documentation per the requirements of this Section. Provide information as requested by the OPT. 1.02 DOCUMENT SUBMITTAL A. Provide documents in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. B. Use the forms provided for Contract administration, applications for payment, document submittals, documentation of test results, equipment installation and documentation, and Project closeout. A digital copy of the required forms will be provided to the Contractor before or at the pre -construction conference. 1.03 COMMUNICATION DURING THE PROJECT A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. C. The OAR will normally communicate only with the Contractor. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the Contractor. D. Direct written communications to the OAR at the address indicated at the pre -construction conference. Include the following with communications as a minimum: 1. Name of the Owner. 2. Project name. 3. Contract title. 4. Project number. 5. Date. 6. A reference statement. E. Submit communications on the forms referenced in this Section or in SECTION 01 33 00 DOCUMENT MANAGEMENT. Project Coordination 0131 13 - 1 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 11-25-2013 1.04 PROJECT MEETINGS A. Pre -Construction Conference: 1. Attend a pre -construction conference. 2. The location of the conference will be determined by the OAR. 3. The time of the meeting will be determined by the OAR but will be after the Notice of Award is issued and not later than 15 days after the Notice to Proceed is issued. 4. The OPT, Contractor's project manager and superintendent, representatives of utility companies, and representatives from major Subcontractors and Suppliers may attend the conference. 5. Provide and be prepared to discuss: a. Preliminary construction schedule per SECTION 01 33 04 CONSTRUCTION PROGRESS SCHEDULE. b. Schedule of Values and anticipated Schedule of Payments per SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES. c. List of Subcontractors and Suppliers. d. Contractor's organizational chart as it relates to this Project. e. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents, Contract Modifications, and payment requests. B. Progress Meetings: 1. Attend meetings with the OAR and Owner. a. Meet on a monthly basis or as requested by the OAR to discuss the Project. b. Meet at the Site or other location as designated by the OAR. c. Contractor's superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters. d. Notify the OAR of any specific items to be discussed a minimum of 1 week prior to the meeting. 2. Provide information as requested by the OAR or Owner concerning this Project. Prepare to discuss: a. Status of overall Project schedule. b. Contractor's detailed schedule for the next month. c. Anticipated delivery dates for equipment. d. Coordination with the Owner. e. Status of documents. f. Information or clarification of the Contract Documents. g. Claims and proposed Modifications to the Contract. Project Coordination 0131 13 - 2 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 11-25-2013 h. Field observations, problems, or conflicts. i. Maintenance of quality standards. 3. OAR will prepare minutes of meetings. Review the minutes of the meeting and notify the OAR of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in the minutes of the following meeting or as an attachment to the minutes. C. Pre- Submittal and Pre -Installation Meetings: 1. Conduct pre -submittal and pre -installation meetings as required in the individual technical Specifications or as determined necessary by the OAR (for example, instrumentation, roofing, concrete mix design, etc.). 2. Set the time and location of the meetings when ready to proceed with the associated Work. Submit a Notification by Contractor in accordance with Paragraph 1.07 for the meeting 2 weeks before the meeting. OPT must approve of the proposed time and location. 3. Attend the meeting and require the participation of appropriate Subcontractors and Suppliers in the meeting. 4. Prepare minutes of the meeting and submit to the OPT for review. OPT will review the minutes of the meeting and notify the Contractor of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in a revised set of meeting minutes. 1.05 REQUESTS FOR INFORMATION A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per SECTION 01 31 14 CHANGE MANAGEMENT if the RFI indicates that a Contract Modification is required. D. Use the Project Issues Log to document decisions made at meetings and actions to be taken in accordance with Paragraph 1.06. E. Use the Action Item Log to document assignments for actions to be taken in accordance with Paragraph 1.06. Project Coordination 0131 13 - 3 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 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. Project Coordination 0131 13 - 4 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 11-25-2013 4. Modifications. 5. Record Data and approved Shop Drawings. 6. Construction photographs. 7. Test Reports. 8. Clarifications and other information provided in Request for Information responses. 9. Reference standards. B. Store printed Record Documents and Samples in the Contractor's field office. 1. Record Documents are to remain separate from documents used for construction. 2. Provide files and racks for the storage of Record Documents. 3. Provide a secure storage space for the storage of Samples. 4. Maintain Record Documents in clean, dry, legible conditions, and in good order. 5. Make Record Documents and Samples available at all times for inspection by the OPT. C. Maintain a digital record of Specifications and Addenda to identify products provided in PDF format. 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. Project Coordination 0131 13 - 5 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 11-25-2013 5) Services entrance. 6) Feeders. 7) Outlets. d. Changes of dimension and detail. e. Changes by Modifications. f. Information in Request for Information or included in the Project Issues Log. g. Details not on the original Drawings. Include field verified dimensions and clarifications, interpretations, and additional information issued in response to RFIs. 5. Mark Drawings with the following colors: a. Highlight references to other documents, including Modifications in blue; b. Highlight mark ups for new or revised Work (lines added) in yellow; c. Highlight items deleted or not installed (lines to be removed) in red; and d. Highlight items constructed per the Contract Documents in green. 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 0131 13 - 6 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 11-25-2013 01 31 14 CHANGE MANAGEMENT 1.00 GENERAL 1.01 REQUESTS FOR CHANGE PROPOSAL A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 1.02 to the Designer for evaluation by the OPT. 1.02 CHANGE PROPOSALS A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outline in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Change Management City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 01 31 14 - 1 11-25-2013 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self -performed Work. e. Submit Change Proposals that comply with Article 13 of the General Conditions for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with SECTION 01 33 02 SHOP DRAWINGS. 1.03 DESIGNER WILL EVALUATE THE REQUEST FOR A MODIFICATION. A. Designer will issue a Modification per the General Conditions if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. 1.04 EQUAL NON SPECIFIED PRODUCTS A. The products of the listed Suppliers are to be furnished where Specifications list several manufacturers but do not specifically list "or equal" or "or approved equal" products. Use of any products other than those specifically listed is a substitution. Follow the procedures in Paragraph 1.05 for a substitution. B. Contractor may submit other manufacturers' products that are in full compliance with the Specification where Specifications list one or more manufacturers followed by the phase "or equal" or "or approved equal." 1. Submit a Shop Drawing as required by SECTION 01 33 02 SHOP DRAWINGS to document that the proposed product is equal or superior to the specified product. 2. Prove that the product is equal. It is not the OPT's responsibility to prove the product is not equal. Change Management City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 013114-2 11-25-2013 a. Indicate on a point by point basis for each specified feature that the product is equal to the Contract Document requirements. b. Make a direct comparison with the specified manufacturer's published data sheets and available information. Provide this printed material with the Shop Drawing. c. The decision of the Designer regarding the acceptability of the proposed product is final. 3. Provide a typewritten certification that, in furnishing the proposed product as an equal, the Contractor: a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified. b. Has determined that the product will perform in the same manner and result in the same process as the specified product. c. Will provide the same warranties and/or bonds as for the product specified. d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional Work which may be necessary to incorporate the product into the Project which may subsequently become apparent. e. Will maintain the same time schedule as for the specified product. 4. A Change Proposal is not required for any product that is in full compliance with the Contract Documents. If the product is not in full compliance, it may be offered as a Substitution. 1.05 SUBSTITUTIONS A. Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product. Submit a Change Proposal per Paragraph 1.02 along with a Shop Drawing as required by SECTION 01 33 02 SHOP DRAWINGS to request approval of a substitution. B. Prove that the product is acceptable as a substitute. It is not the Designer's responsibility to prove the product is not acceptable as a substitute. 1. Indicate on a point by point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents requirements. 2. Make a direct comparison with the specified Suppliers published data sheets and available information. Provide this printed material with the documents submitted. 3. The decision of the Designer regarding the acceptability of the proposed substitute product is final. C. Provide a written certification that, in making the substitution request, the Contractor: 1. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product. Change Management City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 013114-3 11-25-2013 2. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the manufacturer of the specified product. 3. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the Project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent. 4. Will maintain the same time schedule as for the specified product. D. Pay for review of substitutions in accordance with SECTION 01 33 02 SHOP DRAWINGS. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Change Management 0131 14 - 4 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 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 0133 00 - 1 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 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 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 0133 00 - 2 11-25-2013 Prefix Description Originator SCH Schedule of Progress Contractor 2. Issue sequence numbers in chronological order for each type of document. 3. Issue numbers for resubmittals that have the same number as the original document followed by an alphabetical suffix indicating the number of times the same document has been sent to the Designer for processing. For example: SD 025 A represents Shop Drawing number 25 and the letter "A" designates that this is the second time this document has been sent for review. 4. Clearly note the document number on each page or sheet of the document. 5. Correct assignment of numbers is essential since different document types are processed in different ways. B. Include reference the Drawing number and/or Specification Section, detail designation, schedule, or location that corresponds with the data on the document transmittal forms. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. 1.06 DOCUMENT REQUIREMENTS A. Furnish documents as indicated below or in individual Specification Sections. Submit documents per the procedures described in the Contract Documents. B. Submit documents per the Specification Section shown in the following table: Document Type Specification Section Application for Payment 01 29 00 Change Proposal 01 31 14 Certified Test Report 01 33 02 for approval of product 01 40 00 to demonstrate compliance Notification by Contractor 01 31 13 Photographic Documentation 01 33 05 Progress Schedules 01 33 04 Record Data 01 33 03 Request for Information 01 31 13 Shop Drawing 01 33 02 Schedule of Values 01 29 00 Substitutions 01 31 14 Suppliers and Subcontractors 01 31 13 and 01 33 03 Document Management City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 0133 00 - 3 11-25-2013 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Document Management 0133 00 - 4 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 11-25-2013 0133 01 Submittal Register Specification Section Specification Description Paragraph No. Types of Submittals Required Product Sample or Operations Information Mockup Data City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 0133 01-1 07-03-2014 This page intentionally left blank 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) 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. Special Procedures City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 013500-1 11-25-2013 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 [for operation of the existing distribution system] [other description of critical nature of operations]. 2. Loss of [operation of the existing distribution system] [other description of critical nature of operations] 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 - [Title from Table Above]: a. [Provide detailed description of Critical Operation 1.] 2. Critical Operation 2 - [Title from Table Above]: a. [Provide detailed description of Critical Operation 2.] 3. Critical Operation 3 - [Title from Table Above]: a. [Provide detailed description of Critical Operation 3.] 1.03 OWNER ASSISTANCE (NOT USED) 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Special Procedures 0135 00 - 2 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 11-25-2013 0140 00 QUALITY MANAGEMENT 1.00 GENERAL 1.01 CONTRACTOR'S RESPONSIBILITIES A. Review the OPT's Quality Management Program and prepare and submit the Contractor's Quality Control Plan. B. Implement the Contractor's Quality Control Plan to control the quality of the Work and verify that the Work meets the standards of quality established in the Contract Documents. 1. Inspect products to be incorporated into the Project. Ensure that Suppliers have adequate quality control systems to ensure that products that comply with the Contract Documents are provided. 2. Integrate quality control measures into construction activities to produce Work which meets quality expectations of the Contract Documents. Inspect the Work of the Contractor, Subcontractors, and Suppliers. Correct Defective Work. 3. Provide and pay for the services of an approved professional materials testing laboratory acceptable to the OPT to provide testing that demonstrates that products proposed in Shop Drawings and Record Data for the Project fully comply with the Contract Documents. 4. Provide facilities, equipment, and Samples required for quality control inspections and tests: a. Give the OAR adequate notice before proceeding with Work that would interfere with inspections or testing; b. Notify the OAR and testing laboratories prior to the time that testing is required, providing adequate lead time to allow arrangements for inspections or testing to be made; c. Do not proceed with any Work that would impact the ability to correct defects or Work that would require subsequent removal to correct defects until testing services have been performed and results of tests indicate that the Work is acceptable; d. Cooperate fully with the performance of sampling, inspection, and testing; e. Provide personnel to assist with sampling or to assist in making inspections and field tests; f. Obtain and handle Samples for testing at the Site or at the production source of the product to be tested; g. Provide adequate quantities of representative products to be tested to the laboratory at the designated locations; h. Provide facilities required to store and cure test Samples; i. Provide calibrated scales and measuring devices for the OPT's use in performing inspections and testing; Quality Management 0140 00 - 1 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 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 0140 00 - 2 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 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 Quality Management 0140 00 - 3 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 11-25-2013 Documents or indicate that proposed products do not comply with the Contract Documents and why it does not comply. Submit these test reports as part of a Shop Drawings submitted per SECTION 01 33 02 SHOP DRAWINGS. 4. Provide Certified Test Reports for inspection and testing required in this Section and in other Specification Sections. Provide reports to indicate that Work complies with the Contract Documents or indicate that Work does not comply with the Contract Documents they are not in compliance and why it does not comply. Submit these test reports on forms provided per SECTION 01 33 00 DOCUMENT MANAGEMENT. 1.05 STANDARDS A. Provide testing laboratories that comply with the American Council of Independent Laboratories (ACIL) "Recommended Requirements for Independent Laboratory Qualifications." B. Perform testing per recognized test procedures as listed in the various Sections of the Specifications, standards of the State Department of Highways and Public Transportation, American Society of Testing Materials (ASTM), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations. 1.06 DELIVERY AND STORAGE A. Handle and protect test specimens of products and construction materials at the Site in accordance with recognized test procedures. Provide facilities for storing, curing, processing test specimens as required by test standard to maintain the integrity of Samples. 1.07 VERIFICATION TESTING FOR CORRECTED DEFECTS A. Provide verification testing on Work performed to correct Defective Work to demonstrate that the Work is now in compliance with the Contract Documents. Document that Defective Work has been corrected and verify that the OAR closes the item in the Defective Work Register. B. Pay for verification testing. OPT may perform verification testing as part of their Quality Management Program and impose a Set-off to recover the cost for this testing. C. Conduct the same tests or inspections used to determine that the original Work was Defective. Different tests or methods may be used if approved by the OPT. 1.08 TEST REPORTS A. Certified Test Reports are to be prepared for all tests. 1. Tests performed by testing laboratories may be submitted on their standard test report forms if acceptable to the OPT. These reports must include the following: a. Name of the Owner, Project title and number and Contractor; b. Name of the laboratory, address, and telephone number; c. Name and signature of the laboratory personnel performing the test; Quality Management City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 0140 00 - 4 11-25-2013 d. Description of the product being sampled or tested; e. Date and time of sampling, inspection, and testing; f. Date the report was issued; g. Description of the test performed; h. Weather conditions and temperature at time of test or sampling; i. Location at the Site or structure where the test was taken; j. Standard or test procedure used in making the test; k. A description of the results of the test; I. Statement of compliance or non-compliance with the Contract Documents; and m. Interpretations of test results, if appropriate. 2. Submit reports on tests performed by Contractor, Subcontractors or Suppliers on the forms provided by the OAR. 3. OPT will prepare test reports on test performed by the OPT. B. Send test report to Designer within 24 hours of completing the test. Flag tests reports with results that do not comply with Contract Documents for immediate attention. C. Payment for Work may be withheld until test reports indicate that the Work is not Defective. 1.09 DEFECTIVE WORK A. Immediately correct any Defective Work or notify the OAR why the Work is not to be corrected immediately and when corrective action will be completed. B. No payment will be made for Defective Work. Remove Work from the Application for Payment if Work paid for on a previous Application for Payment is found to be Defective. 1.10 LIMITATION OF AUTHORITY OF THE TESTING LABORATORY A. The testing laboratory representatives are limited to providing testing services and interpreting the results of the test performed. B. The testing laboratory is not authorized to: 1. Alter the requirements of the Contract Documents; 2. Accept or reject any portion of the Work; 3. Perform any of the duties of the Contractor; or 4. Direct or stop the Work. 1.11 QUALITY CONTROL PLAN A. Submit the Contractor's Quality Control Plan for approval as a Shop Drawing per SECTION 01 33 02 SHOP DRAWINGS. Use Contractor's Quality Control Plan Checklist provided to review the document before submitting and include a copy of the completed checklist with Quality Management City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 0140 00 - 5 11-25-2013 the Contractor's Quality Control Plan. Do not begin Work until the Contractor's Quality Control Plan is approved. Submit an interim plan covering only the portion of Work to be performed if the Contractor plans to begin Work prior to submitting the Contractor's Quality Control Plan for the Project. Do not begin Work on other parts of the Project until the Contractor's Quality Control Plan is approved or another interim plan covering the additional Work to be started is approved. B. Provide a Contractor's Quality Control Plan that incorporates construction operations at both the Site and production Work at remote locations and includes Work by Subcontractors and Suppliers. The Contractor's Quality Control Plan is to include: 1. A description of the quality control organization, including an organization chart showing lines of authority to control the quality of Work; 2. Documentation describing name, qualifications (in resume format), duties, responsibilities, and level of authority of the Quality Control Manager; 3. The name, qualifications (in resume format), duties, responsibilities, and authorities of other persons assigned a quality control function; 4. Procedures for scheduling, reviewing, certifying, and managing documentation, including documentation provided by Subcontractors and Suppliers; 5. Control, verification, and acceptance testing procedures for each specific test. Include: a. Name of tests to be performed, b. Specification paragraph requiring test, c. Parameters of Work to be tested, d. Test frequency, e. Persons responsible for each test, and f. Applicable industry testing standards and laboratory facilities to be used for the test; 6. Integrate the OPT quality assurance testing into the Contractor's Quality Control Plan, specifically identifying the tests or inspections in Paragraph 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 0140 00 - 6 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 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 0140 00 - 7 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 11-25-2013 2. Work Phase: Complete this phase after the Planning Phase: a. Notify the OAR at least 24 hours in advance of beginning the Work and discuss the review of the planning effort to indicate that requirements have been met. b. Check the Work to ensure that it is in full compliance with the Contract Documents. c. Verify adequacy of controls to ensure full compliance with Contract Documents. Verify required control inspection and testing is performed. d. Verify that established levels of workmanship meet acceptable workmanship standards. Compare with required Sample panels as appropriate. e. Repeat the Work phase for each new crew to work on-site, or any time acceptable specified quality standards are not being met. 3. Follow-up Phase: Perform daily checks to assure control activities, including control testing, are providing continued compliance with contract requirements: a. Make checks daily and record observations in the quality control documentation. b. Conduct follow-up checks and correct all deficiencies prior to the start of additional Work tasks that may be affected by the Defective Work. Do not build upon nor conceal Defective Work. c. Conduct a review of the Work one month prior to the expiration of the correction period prescribed in the General Conditions with the OPT. Correct defects as noted during the review. C. Conduct additional planning and Work phases if: 1. The quality of on-going Work is unacceptable; 2. Changes are made in applicable quality control staff, on-site production supervision or crews; 3. Work on a task is resumed after a substantial period of inactivity; or 4. Other quality problems develop. END OF SECTION Quality Management 0140 00 - 8 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 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 0170 00 - 1 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 11-25-2013 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 1.06 if notified that the Project is complete and the Work is acceptable. 1.05 REINSPECTION FEES A. Owner may impose a Set-off against the Application for Payment in accordance with the General Conditions to compensate the OPT for additional visits to the Project if additional Work is required. 1.06 CLOSEOUT DOCUMENTS SUBMITTAL A. Record Documents per SECTION 01 31 13 PROJECT COORDINATION. B. Warranties and bonds. C. Equipment installation reports on equipment. D. Shop Drawings, Record Data, and other documents as required by the Contract Documents. E. Evidence of continuing insurance and bond coverage as required by the Contract Documents. F. Final Photographs per SECTION 01 33 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION. 1.07 TRANSFER OF UTILITIES A. Transfer utilities to the Owner when the Certificate of Substantial Completion has been issued and the Work has been occupied by the Owner. B. Submit final meter readings for utilities and similar data as of the date the Owner occupied the Work. 1.08 WARRANTIES, BONDS, AND SERVICES AGREEMENTS A. Provide warranties, bonds, and service agreements required by SECTION 01 33 02 SHOP DRAWINGS or by the individual Specification Sections. B. The date for the start of warranties, bonds, and service agreements is established per the General Conditions. C. Compile warranties, bonds, and service agreements and review these documents for compliance with the Contract Documents. Execution and Closeout Requirements 0170 00 - 2 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 11-25-2013 1. Provide a log of all equipment covered under the 1 year correction period specified in the General Conditions and all products for which special or extended warranties or guarantees are provided. Index the log by Specification Section number on forms provided. Include items 2.e through 2.g below in the tabulation. 2. Provide a copy of specific warranties or guarantees under a tab indexed to the log. Each document is to include: a. A description of the product or Work item; b. The firm name, with the name of the principal, address, and telephone number; c. Signature of the respective Supplier or Subcontractor to acknowledge existence of the warranty obligation for extended warranties and service agreements; d. Scope of warranty, bond, or services agreement; e. Indicate the start date for the correction period specified in the General Conditions for each product and the date on which the specified correction period expires. f. Indicate the start date for extended warranties for each product and the date on which the specified extended warranties period expires. g. Start date, warranty or guarantee period, and expiration date for each warranty bond and service agreement; h. Procedures to be followed in the event of a failure; and i. Specific instances that might invalidate the warranty or bond. D. Submit digital copies of the documents to the Designer for review. E. Submit warranties, bonds and services agreements within 10 days after equipment or components placed in service. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Execution and Closeout Requirements 0170 00 - 3 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 11-25-2013 This page intentionally left blank SECTION 022020 EXCAVATION AND BACKFILL FOR UTILITIES 1. DESCRIPTION This specification shall govern all work for excavation and backfill for utilities required to complete the project. 2. CONSTRUCTION (1) Unless otherwise specified on the drawings or permitted by the Engineer, all pipe and conduit shall be constructed in open cut trenches with vertical sides. Trenches shall be sheathed and braced as necessary throughout the construction period. Sheathing and bracing shall be the responsibility of the Contractor (refer to Section 022022 "Trench Safety for Excavations" of the City Standard Specifications). Trenches shall have a maximum width of one foot beyond the horizontal projection of the outside surfaces of the pipe and parallel thereto on each side unless otherwise specified. The Contractor shall not have more than 200 feet of open trench left behind the trenching operation and no more than 500 feet of ditch behind the ditching machine that is not compacted as required by the plans and specifications. No trench or excavation shall remain open after working hours. For all utility conduit and sewer pipe to be constructed in fill above natural ground, the embankment shall first be constructed to an elevation not less than one foot above the top of the pipe or conduit, after which excavation for the pipe or conduit shall be made. If quicksand, muck, or similar unstable material is encountered during the excavation, the following procedure shall be used unless other methods are called for on the drawings. If the unstable condition is a result of ground water, the Contractor, prior to additional excavation, shall control it. After stable conditions have been achieved, unstable soil shall be removed or stabilized to a depth of 2 feet below the bottom of pipe for pipes 2 feet or more in height; and to a depth equal to the height of pipe, 6 inches minimum, for pipes less then 2 feet in height. Such excavation shall be carried at least one foot beyond the horizontal limits of the structure on all sides. All unstable soil so removed shall be replaced with suitable stable material, placed in uniform layers of suitable depth as directed by the Engineer, and each layer shall be wetted, if necessary, and compacted by mechanical tamping as required to provide a stable condition. For unstable trench conditions requiring outside forms, seals, sheathing and bracing, any additional excavation and backfill required shall be done at the Contractor's expense. (2) Shaping of Trench Bottom. The trench bottom shall be undercut a minimum depth sufficient to accommodate the class of bedding indicated on the plans and specifications. 022020 Page 1 of 4 Rev. 3-25-2015 (3) Dewatering Trench. Pipe or conduit shall not be constructed or laid in a trench in the presence of water. All water shall be removed from the trench sufficiently prior to the pipe or conduit planing operation to insure a relatively dry (no standing water), firm bed. The trench shall be maintained in such dewatered condition until the trench has been backfilled to a height at lease one foot above the top of pipe. Removal of water may be accomplished by bailing, pumping, or by installation of well -points, as conditions warrant. Removal of well - points shall be at rate of 1/3 per 24 hours (every third well -point). The Contractor shall prevent groundwater from trench or excavation dewatering operations from discharging directly into the storm water system. Groundwater from dewatering operations shall be sampled and tested, if applicable, and disposed of, in accordance with City Standard Specification Section 022021 "Control of Ground Water". (4) Excavation in Streets. Excavation in streets, together with the maintenance of traffic where specified, and the restoration of the pavement riding surface, shall be in accordance with drawing detail or as required by other applicable specifications. (5) Removing Abandoned Structures. When abandoned masonry structures or foundations are encountered in the excavation, such obstructions shall be removed for the full width of the trench and to a depth one foot below the bottom of the trench. When abandoned inlets or manholes are encountered and no plan provision is made for adjustment or connection to the new utility, such manholes and inlets shall be removed completely to a depth one foot below the bottom of the trench. In each instance, the bottom to the trench shall be restored to grade by backfilling and compacting by the methods provided hereinafter for backfill. Where the trench cuts through utility lines which are known to be abandoned, these lines shall be cut flush with the sides of the trench and blocked with a concrete plug in a manner satisfactory to the Engineer. (6) Protection of Utilities. The Contractor shall conduct his work such that a reasonable minimum of disturbance to existing utilities will result. Particular care shall be exercised to avoid the cutting or breakage of water and gas lines. Such lines, if broken, shall be restored promptly by the Contractor. When active wastewater lines are cut in the trenching operations, temporary flumes shall be provided across the trench while open, and the lines shall be restored when the backfilling has progressed to the original bedding line of the sewer so cut. (7) The Contractor shall inform utility owners sufficiently in advance of the Contractor's operations to enable such utility owners to reroute, provide temporary detours, or to make other adjustments to utility lines in order that the Contractor may proceed with his work with a minimum of delay. The Contractor shall not hold the City liable for any expense due to delay or additional work because of utility adjustments or conflicts. Excess Excavated Material. All materials from excavation not required for backfilling the trench shall be removed by the Contractor from the job site promptly following the completion of work involved. 022020 Page 2 of 4 Rev. 3-25-2015 (8) Backfill A. Backfill Procedure Around Pipe (Initial Backfill) All trenches and excavation shall be backfilled as soon as is practical after the pipes or conduits are properly laid. In addition to the specified pipe bedding material, the backfill around the pipe as applicable shall be granular material as shown on the standard details or as described in the applicable specification section, and shall be free of large hard lumps or other debris. If indicated on the plans, pipe shall be encased with cement -stabilized sand backfill as described below. The backfill shall be deposited in the trench simultaneously on both sides of the pipe for the full width of the trench, in layers not to exceed ten (10) inches (loose measurement), wetted if required to obtain proper compaction, and thoroughly compacted by use of mechanical tampers to a density comparable to the adjacent undisturbed soil or as otherwise specified on the plans, but not less than 95% Standard Proctor density. A thoroughly compacted material shall be in place between the external wall of the pipe and the undisturbed sides of the trench and to a level twelve (12) inches above the top of the pipe. B. Backfill Over One Foot Above Pipe (Final Backfill) UNPAVED AREAS: The backfill for that portion of trench over one (1) foot above the pipe or conduit not located under pavements (including waterlines, gravity wastewater lines, wastewater force mains and reinforced concrete storm water pipe) shall be imported select material or clean, excess material from the excavation meeting the following requirements: Free of hard lumps, rock fragments, or other debris, No clay lumps greater than 2" diameter Moisture Content: +/-3% Backfill material shall be placed in layers not more than ten (10) inches in depth (loose measurement), wetted if required to obtain proper compaction, and thoroughly compacted by use of mechanical tampers to the natural bank density but not less than 95% Standard Proctor density, unless otherwise indicated. Flooding of backfill is not allowed. Jetting of backfill may only be allowed in sandy soils and in soils otherwise approved by the Engineer. Regardless of backfill method, no lift shall exceed 10 inches and density shall not be less than 95% Standard Proctor density. A period of not less than twenty-four (24) hours shall elapse between the time of jetting and the placing of the top four (4) feet of backfill. If jetting is used, the top four (4) feet of backfill shall be placed in layers not more than 10 inches in depth (loose measurement), wetted if required to obtain proper compaction, and thoroughly compacted by use of mechanical tampers to the natural bank density but not less than 95% Standard Proctor density (ASTM D698). PAVED AREAS: At utility line crossings under pavements (including waterlines, gravity wastewater lines, wastewater force mains, and reinforced concrete storm water pipe), and where otherwise indicated on the drawings, trenches shall be backfilled as shown below: From top of initial backfill (typically twelve (12) inches above top of the pipe) to three (3) feet below bottom of road base course, backfill shall be select material meeting the requirements of 022100 "Select Material". 022020 Page 3 of 4 Rev. 3-25-2015 Asphalt Roadways The upper three (3) feet of trench below the road base course shall be backfilled to the bottom of the road base course with cement -stabilized sand containing a minimum of 2 sacks of Standard Type I Portland cement per cubic yard of sand and compacted to not less than 95% Standard Proctor density. Concrete Roadways The Contractor may elect to backfill the upper three (3) feet of trench below the road base course with cement stabilized sand as noted above, or in the case of storm water pipe or box installation the Contractor may backfill and compact select material to 98% Standard Proctor density (ASTM D698) following City Standard Specification Section 022100. 3. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, excavation and backfill for utilities, including select material or cement -stabilized sand backfill, shall not be measured and paid for separately. It shall be considered subsidiary to the items for which the excavation and backfill is required. 022020 Page 4 of 4 Rev. 3-25-2015 SECTION 022100 SELECT MATERIAL 1. DESCRIPTION This specification shall govern the use of Select Material to be used to treat designated sections of roadways, embankments, trenches, etc. Select material shall be non -expansive sandy clay (CL) or clayey sand (SC), in accordance with the Unified Soil Classification System (ASTM D2487). Select Material shall meet the following requirements: Free of vegetation, hard lumps, rock fragments, or other debris No clay lumps greater than 2" diameter Liquid Limit (L.L.): < 35 Plasticity Index (P.I.) Range: 8 to 20 Moisture Content: as specified in the drawings 2. CONSTRUCTION METHODS Select material shall be mixed uniformly and placed in layers as indicated, not to exceed 10 inches loose depth (or 12 inches maximum for sanitary sewer trench backfill per City Standard Details for Sanitary Sewers). Unless otherwise specified, the material shall be compacted to a minimum of 95% Standard Proctor density. Each layer shall be complete before the succeeding layer is placed. The finished surface of the select material shall conform to the grade and section shown on the drawings. 3. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, select material shall not be measured for pay, but shall be subsidiary to the appropriate bid item. 022100 Page 1 of 1 Rev. 10-30-2014 This page intentionally left blank SECTION 025205 PAVEMENT REPAIR, CURB, GUTTER, SIDEWALK AND DRIVEWAY REPLACEMENT 1. DESCRIPTION This specification shall govern the removal and replacing of all types of pavements and surfacing required to complete the project. 2. MATERIALS Unless otherwise specified on the drawings, materials and proportions used along with this specification shall conform to the respective following specifications: City Standard Specifications Section 022020 "Excavation and Backfill for Utilities" Section 022100 "Select Material" Section 025223 "Crushed Limestone Flexible Base" Section 025424 "Hot Mix Asphaltic Concrete Pavement" Section 025610 "Concrete Curb and Gutter" Section 025612 "Concrete Sidewalks and Driveways" Section 025620 "Portland Cement Concrete Pavement" Section 030020 "Portland Cement Concrete", Class "A" Concrete Section 032020 "Reinforcing Steel" Section 038000 "Concrete Structures". 3. METHOD OF CUTTING The outline of the trench shall be marked upon the surface of the pavement to be cut, and all cuts into the pavement shall be saw -cut as nearly vertical as it is possible to make them. All unwanted materials removed shall be disposed of by the Contractor and shall not be used as backfill material. 4. BACKFILL OF TRENCH Excavation and backfilling of trench shall be in accordance with City Standard Specification Section 022020 "Excavation and Backfill for Utilities." 5. REPLACING STREET AND OTHER PAVEMENT All pavements, driveways, sidewalks, and curbs and gutters which are cut shall be replaced in a workmanlike manner, with like or better materials or per pavement repair details on the drawings. 025205 Page 1 of 2 Rev. 3-25-2015 6. REPLACING DRIVEWAY PAVEMENT On all concrete driveway pavements, the replacement shall consist of a reinforced Class "A" concrete slab with a minimum thickness of six (6) inches. The type of finish for the replaced section shall be the same as that appearing on the old pavement. Reinforcement shall be #4 bars at 12 inches each way with additional diagonal bars as indicated on the drawings. Any other type shall be replaced with like or better replacement. Replacement shall, in general, be to original joint or score mark. 7. REPLACING SIDEWALKS On all sidewalk pavements, the replacement shall consist of a reinforced Class "A" concrete slab four (4) inches thick. The type of finish for the replaced section shall be the same as that appearing on the old sidewalk. Replacement shall, in general, be to original joint or score marks. Reinforcement shall be 4" x 4" - W2.9 x W2.9 welded wire fabric located at mid -depth in the slab. 8. REPLACING CURB AND GUTTER On all curb and gutter, the replacement shall consist of a section conforming in all details to the original section or to City of Corpus Christi Standard curb and gutter section, if required by the Engineer. Cuts through the curb shall be replaced with Class "A" concrete. Preserve the original steel reinforcing and reinforce all new curbs with three #4 bars. Adjust grades for positive drainage. Replacement shall, in general, be to original joint or score mark. For jointed concrete roadways, the joints in curb or in curb and gutter should match the concrete roadway joints. 9. REPAIRING STREET SHOULDERS AND UNIMPROVED STREETS On streets or roads without curb and gutter where a shoulder is disturbed, it shall be restored to like or better condition. The shoulder surface shall be rolled to an acceptably stable condition. 10. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, pavement repair shall be measured by the square yard of the type of repair specified; curb and gutter replacement shall be measured by the linear foot; and sidewalk and driveway replacement shall each be measured by the square foot. Payment will be made at the unit price bid for the completed work and shall be full compensation for all labor, materials, equipment, tools, and incidentals required to complete the work. No separate measurement or payment will be made for subgrade compaction, sand leveling course, geogrid, ordinary backfill, cement -stabilized sand backfill, flexible base, prime coat, hot -mix asphaltic concrete, etc. 025205 Page 2 of 2 Rev. 3-25-2015 SECTION 025424 HOT MIX ASPHALTIC CONCRETE PAVEMENT (Class A) 1 DESCRIPTION This specification shall govern all work required for furnishing and laying Hot Mix Asphalt Concrete (HMAC) surface, binder and base courses required to complete the project. All subsurface utilities must be inspected, tested, and accepted prior to any paving. 2. MATERIALS 2.1. Aggregate. The aggregate shall consist of a blend of course aggregate, fine aggregate and, if required, a mineral filler. 2.1.1. Coarse Aggregate shall consist of that fraction of aggregate retained on a No. 10 sieve and shall consist of crushed furnace slag, crushed stone, or crushed gravel. Deleterious material in course aggregate shall not exceed 2% per TxDOT Test Method TEX-217-F. Course aggregate shall be crushed such that a minimum of 85% of the particles have more than one crushed face, unless noted otherwise on the plans. Los Angeles abrasion losses for course aggregate shall not exceed 40% by weight for the surface course and 45% for the binder and base courses per TxDOT Test Method TEX-410-A. Polish Value not less than 30 for aggregate used in the surface course per TxDOT Test Method TEX-438-A. 2.1.2. Fine Aggregate is defined as the fraction passing a No. 10 sieve and shall be of uniform quality. Fine aggregate shall consist of screenings of material that pass the Los Angeles abrasion requirements in paragraph 2.1.1 above. Screenings shall be blended with a maximum of 15% uncrushed aggregate or field sand for Type D mixes, or a maximum of 10% uncrushed aggregate or field sand for Type A, B, and C mixes. Grading of fine aggregate shall be as follows: Sieve Size Percent Passing by Weight No. 10 100 No. 200 0-15 025424 Page 1 of 8 Rev. 3-25-2015 2.1.3 Filler shall consist of dry stone dust, Portland cement, hydrated lime, or other mineral dust approved by the Engineer. Grading of filler shall be as follows: Sieve Size Minimum Percent Passing by Weight No. 30 95 No. 80 75 No. 200 55 2.2. Reclaimed Asphalt Pavement (RAP). Reclaimed asphalt pavement may be incorporated into the hot mix asphalt concrete furnished for the project, provided that the mixture is designed per the TxDOT Methods and meets the applicable provisions of said TxDOT Item 340 and this specification. 2.3. Asphalt. Asphalt Material shall be in accordance with Standard Specification Section 025404 "Asphalt, Oils and Emulsions" and AASHTO. 2.3.1. Paving Mixture: APPLICATION ASPHALT GRADE Residential or low volume PG 64-22 Collector Surface Course Binder Course Arterial Surface Course Binder Course Base Courses PG 70-22 PG 64-22 PG 76-22 PG 64-22 PG 64-22 2.3.2. Tack Coat shall consist of an emulsion, SS -1 diluted with equal volume of water and applied at a rate ranging from 0.05 to 0.15 gallon per square yard. 3. PAVING MIXTURE 3.1. Mix Design. The mixture shall be designed in accordance with TxDOT Bulletin C-14 and TxDOT Test Method TEX-204-F to conform to the requirements of this specification. The Contractor shall furnish the mix design for the job -mix to be used for the project, unless shown otherwise on the drawings. The mix design shall be submitted prior to placement of the mixture. The design procedures are actually intended to result at a job -mix with properties in compliance with these specifications, and when properly placed the job -mix will be durable 025424 Page 2 of 8 Rev. 3-25-2015 and stable. The sieve analysis of the job -mix shall be within the range of the Master Gradation and Tolerances specified herein. The job -mix shall meet the density and stability requirements as specified and shall be included with the mix design as submitted per above. If the specific gravity of any of the types of aggregates differs by more than 0.3, use volume method. Plot sieve analysis of job -mix; percent passing versus size on four-cycle semi -log paper or other appropriate type paper. Show tolerance limits and Limits of Master Gradation. 3.2. Master Gradation of Aggregate. The aggregate for the type of mix specified shall be within the following tabulated limits per TxDOT Test Method TEX-200-F (Dry Sieve Analysis): Sieve Size Type A Course Base B Fine Base C Course Surface D Fine Surface 1-1/2" 100 1-1/4" 95-100 1" 100 7/8" 70-90 95-100 100 5/8" 75-95 95-100 1/2" 50-70 100 3/8" 60-80 70-85 85-100 1/4" No. 4 30-50 40-60 43-63 50-70 No. 10 20-34 27-40 30-40 32-42 No. 40 5-20 10-25 10-25 11-26 No. 80 2-12 3-13 3-13 4-14 No. 200 1-6* 1-6* 1-6* 1-6* VMA minimum 11 12 13 14 025424 Page 3 of 8 Rev. 3-25-2015 * 2-8 when TxDOT Test Method Tex -200-F, Part II (Washed Sieve Analysis) is used. 3.3. Tolerances. The mixture delivered to the job site shall not vary from the job -mix by more than the tolerances specified below. The gradation of the produced mix shall not fall outside the Master Grading Limits, with the following exceptions: for Type B material coarser than 3/8" and for Type D material coarser than #4. Variations from job -mix shall not exceed the following limits, except as noted above: Item: Tolerances Percent by Weight or Volume 1" to No. 10 Plus or Minus 5.0 No. 40 to No. 200 Plus or Minus 3.0 Asphalt Weight Plus or Minus 0.5 Asphalt Volume Plus or Minus 1.2 3.4. Mix Properties. The mixture shall have a minimum Hveem stability of 40 for Type A, B, and C mixes, and 35 for Type D mixes per TxDOT Test Method TEX-208-F at an optimum density of 96% (plus or minus 1.5) of theoretical maximum density per TxDOT Test Methods TEX-227-F and TEX-207-F. 3.5. Sampling and Testing of Raw Materials. The Contractor shall sample materials as necessary to produce a mix in compliance with these specifications. 4. EQUIPMENT 4.1. Mixing Plants. Mixing plants shall be either the weigh batching type or the drum mix type. Both types shall be equipped with satisfactory conveyors, power units, aggregate handling equipment, aggregate screens and bins (weigh batch only), and pollution control devices as required. 4.2. Truck Scales. A set of truck scales, if needed for measurement, shall be placed at a location approved by the Engineer. 4.3. Asphalt Material Heating Equipment. Asphalt material heating equipment shall be adequate to heat the required amount of material to the desired temperature. Agitation with steam or air will not be permitted. The heating apparatus shall be equipped with a recording thermometer with a 24-hour continuous chart that will record the temperature of the asphalt at the highest temperature. 4.4. Surge -Storage System. A surge -storage system may be used provided that the mixture coming out of the bins is of equal quality to that coming out of the mixer. The system shall be equipped with a gob hopper, rotating chute or other devices designed to minimize segregation of the asphalt mixture. 4.5. Laydown Machine. The laydown machine shall be capable of producing a surface that will meet the requirements of the typical cross section, of adequate power to propel the 025424 Page 4 of 8 Rev. 3-25-2015 delivery vehicles, and produce the surface tolerances herein required. It shall be wide enough to lay a 28 -foot street (back-to-back of curbs) in a maximum of two passes. 4.6. Rollers. All rollers shall be self-propelled and of any type capable of obtaining the required density. Rollers shall be in satisfactory operating condition and free from fuel, hydraulic fluid, or any other fluid leaks. 5. STORAGE, PROPORTIONING AND MIXING 5.1. Storage and Heating of Asphalt Materials. Asphalt cement shall not be heated to a temperature in excess of that recommended by the producer. Asphalt storage equipment shall be maintained in a clean condition and operated in such a manner that there will be no contamination with foreign matter. 5.2. Feeding and Drying of Aggregates. The feeding of various sizes of aggregate to the dryer shall be done in such a manner that a uniform and constant flow of materials in the required proportions will be maintained. In no case shall the aggregate be introduced into the mixing unit at a temperature in excess of 350 degrees F. 5.3. Proportioning. All materials shall be handled and proportioned in a manner that yield an acceptable mixture as herein specified and as defined by the 'off b -mix. 5.4. Mixing. 5.4.1. Weigh Batch Plant. In charging the weigh box and in charging the pugmill from the weigh box, such methods or devices shall be used as necessary to minimize segregation of the mixture. 5.4.2. Drum Mix Plant. The amount of aggregate and asphalt cement entering the mixer and the rate of travel through the mixer shall be coordinated so that a uniform mixture of the desired gradation and asphalt content will be produced. 5.4.3. The mixture produced from each type of plant shall not vary from the 'o� b -mix by more than the tolerances and restrictions herein specified. The mixture when discharged from the plant shall have a moisture content not greater than one percent by weight of total mix when determined by TxDOT Test Method TEX-212-F. 5.4.4. The mixture produced from each type of plant shall be at a temperature between 250 and 325 degrees F. After a target mixing temperature has been established, the mixture when discharged from the mixer shall not vary from this temperature by more than 25 degrees F. 6. CONSTRUCTION METHODS 6.1. Construction Conditions. For mat thicknesses greater than 1.5 inches, the asphalt material may be placed with a laydown machine when the air temperature is 40 degrees F and 025424 Page 5 of 8 Rev. 3-25-2015 rising but not when the air temperature is 50 degrees F and falling. In addition, mat thickness less than and including 1.5 inches shall not be placed when the temperature of the surface on which the mat is placed is below 50 degrees F. All subsurface utilities shall be inspected, tested, and accepted prior to paving. 6.2. Prime Coat. If a prime coat is required, it shall be applied and paid for as a separate item conforming to the requirements of City Standard Specification Section 025412 "Prime Coat", except the application temperature shall be as provided above. The tack coat or asphaltic concrete shall not be applied on a previously primed flexible base until the primed base has completely cured to the satisfaction of the Engineer. 6.3. Tack Coat. Before the asphalt mixture is laid, the surface upon which the tack coat is to be placed shall be thoroughly cleaned to the satisfaction of the Engineer. The surface shall be given a uniform application of tack coat using materials and rates herein specified and/or as shown on the plans. The tack coat shall be rolled with a pneumatic tire roller as necessary. Tack coat is required before any pavement course not placed immediately following the previous course placement. 6.4. Transporting Asphalt Concrete. The asphalt mixture shall be hauled to the job site in tight vehicles previously cleaned of all foreign matter. In cool weather or for long hauls, canvas covers and insulated truck beds may be necessary. The inside of the bed may be given a light coating of lime water or other suitable release agent necessary to prevent from adhering. Diesel oil is not allowed. 6.5. Placing. The asphalt mixture shall be spread on the approved prepared surface with a laydown machine or other approved equipment in such a manner that when properly compacted, the finished surface will be smooth and of uniform density, and meet the requirements of the typical cross section as shown on the plans. 6.5.1. Flush Structures. Adjacent to flush curbs, gutters, liners and structures, the surface shall be finished uniformly high so that when compacted, it will be slightly above the edge of the curb and flush structure. 6.5.2. Construction joints of successive courses of asphaltic material shall be offset at least six inches. Construction joints on surface courses shall coincide with lane lines, or as directed by the Engineer, but shall not be in the anticipated wheel path of the roadway. 6.6. Compacting. The asphalt mixture shall be compacted thoroughly and uniformly with the necessary rollers to obtain the required density and surface tolerances herein described and any requirements as shown on the plans. Regardless of the method of compaction control followed, all rolling shall be completed before the mixture temperature drops below 175 degrees F. 025424 Page 6 of 8 Rev. 3-25-2015 6.7. In -Place Density. In-place density control is required for all mixtures except for thin, irregular level -up courses. Material should be compacted to between 96% and 92% of maximum theoretical density or between 4% and 8% air voids. Average density shall be greater than 92% and no individual determination shall be lower than 90%. Testing shall be in accordance with TxDOT Test Methods TEX-207-F and TEX-227-F. Pavement specimens, which shall be either cores or sections of the compacted mixture, will be tested as required to determine the percent air voids. Other methods, such as nuclear determination of in-place density, which correlate satisfactorily with actual project specimens may be used when approved by the Engineer. 6.8. Thickness. The total compacted average thickness of the combined HMAC courses shall not be less than the amount specified on the drawings. No more than 10% of the measured thickness(es) shall be more than 1/4 inch less than the plan thickness(es). If so, the quantity for pay shall be decreased as deemed appropriate by the Engineer. 6.9. Surface Smoothness Criteria and Tests. The pavement surface after compaction, shall be smooth and true to the established lines, grade and cross-section. The surface shall be tested by the City with the Mays Roughness Meter. The Mays Roughness Value for each 600 -foot section shall not exceed ninety inches per mile per traffic lane. For each 600 -foot section not meeting this criteria, the Engineer shall have the option of requiring that section to be reworked to meet the criteria, or paying an adjusted unit price for the surface course. The unit price adjustment shall be made on the following basis: Adjusted Unit Price = (Adjustment Factor) X Surface Course Unit Bid Price The adjustment factor shall be: For Residential Streets: Adjustment Factor = 1.999 - 0.0111 M For All Other Class Streets (Non Residential) Adjustment Factor = 1.287 - 0.0143 M Where M = Mays Roughness Value In no case shall the Contractor be paid more than the unit bid price. If the surface course is an inverted penetration (surface treatment) the Mays Roughness Value observed will be reduced by ten inches per mile, prior to applying the above criteria. Localized defects (obvious settlements, humps, ridges, etc.) shall be tested with a ten -foot straightedge placed parallel to the roadway centerline. The maximum deviation shall not 025424 Page 7 of 8 Rev. 3-25-2015 exceed 1/8 inch in ten feet. Areas not meeting this criteria shall be corrected to the satisfaction of the Engineer. Pavement areas having surface irregularities, segregation, raveling or otherwise deemed unacceptable by the Engineer shall be removed and replaced by the Contractor in a manner approved by the Engineer, at no additional cost to the City. 6.10. Opening to Traffic. The pavement shall be opened to traffic when directed by the Engineer. The Contractor's attention is directed to the fact that all construction traffic allowed on pavement open to the public will be subject to the State laws governing traffic on highways. If the surface ravels, it will be the Contractor's responsibility to correct this condition at his expense. 7 MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, hot mix asphaltic concrete pavement shall be measured by the square yard of the type and thickness of "Hot Mix Asphaltic Concrete" as shown on the drawings. The Contractor shall provide the Engineer with copies of the "pay ticket" identifying the truck and showing the gross empty weight of the truck with driver as it arrives at the plant and the gross loaded weight of the truck with driver as it leaves the plant. The measured amount will be the difference of the loaded and empty trucks converted to tons. Payment shall be full compensation for quarrying, furnishing all materials, freight involved; for all heating, mixing, hauling, cleaning the existing base course or pavement, tack coat, placing asphaltic concrete mixture, rolling and finishing; and for all manipulations, labor, tools, equipment, and incidentals necessary to complete the work except prime coat when required. Prime coat, performed where required, will be measured and paid for in accordance with the provisions governing City Standard Specification Section 025412 "Prime Coat". All templates, straightedges, scales, and other weight and measuring devices necessary for the proper construction, measuring and checking of the work shall be furnished, operated and maintained by the Contractor at his expense. Any paving placed prior to inspection, testing, and acceptance of underground utilities may be rejected by the City and will be replaced at the Contractor's expense after correcting any subsurface utility defects. Pavement that fails to meet the in place density criteria may be rejected by the City and will be replaced at the Contractor's expense, or such pavement may, at the City's discretion, be accepted by the City and the unit price for payment shall be reduced as deemed appropriate by the Engineer. 025424 Page 8 of 8 Rev. 3-25-2015 SECTION 00 05 00 - T MOBILIZATION 1. DESCRIPTION Establish and remove offices, plants, and facilities. Move personnel, equipment, and supplies to and from the project or the vicinity of the project site to begin work or complete work on Contract Items. 2. MEASUREMENT This Item will be measured and paid by the lump sum as the work progresses. 3. PAYMENT Partial payments of the lump sum bid for mobilization will be as follows. The adjusted Contract amount for construction Items as used below is defined as the total Contract amount less the lump sum for mobilization. A. Payment will be made upon presentation of a paid invoice for the payment bond, performance bond, and required insurance. The combined payment for bonds and insurance will be no more than 10% of the mobilization lump sum or 1% of the total Contract amount, whichever is less. B. Payment will be made upon verification of documented expenditures for plant and facility setup. The combined amount for all these facilities will be no more than 10% of the mobilization lump sum or 1% of the total Contract amount, whichever is less. C. When 25% of the adjusted Contract amount for construction Items is earned, 50% of the mobilization lump sum bid or 5% of the total Contract amount, whichever is less, will be paid. Previous payments under this Item will be deducted from this amount. D. When 50% of the adjusted Contract amount for construction Items is earned, 75% of the mobilization lump sum bid or 10% of the total Contract amount, whichever is less, will be paid. Previous payments under the Item will be deducted from this amount. E. When 75% of the adjusted Contract amount for construction Items is earned, 90% of the mobilization lump sum bid or 10% of the total Contract amount, whichever is less, will be paid. Previous payments under this Item will be deducted from this amount. F. Payment for the remainder of the lump sum bid for "Mobilization" will be made on the next estimate cycle after the initial retainage estimate or at final acceptance for projects without retainage. Mobilization 00 05 00 - T - 1 This page intentionally left blank SECTION 01 78 23 OPERATING AND MAINTENANCE DATA 1. GENERAL 1.1. SCOPE A. The Contractor shall provide five copies of a complete and comprehensive reference manual (Operating and Maintenance Manual) containing operating and maintenance data to enable operators and plant engineers to correctly operate, service and maintain all equipment and accessories covered by the Specifications and Drawings. The data contained in the manual shall explain and illustrate clearly and simply all principles and theory of operation, operating instructions, maintenance procedures, calibration procedures and safety precautions and procedures for the equipment involved. B. No separate payment will be made for the Operating and Maintenance Manuals and the cost of said manual shall be included in the Contract Price. 1.2. SUBMITTAL SCHEDULE A. The Contractor shall submit, for the Engineer's approval, two preliminary drafts of proposed formats and outlines of contents of manuals within 60 calendar days after the Notice to Proceed. The Engineer will notify the Contractor, in writing, of any deficiencies in the manual and will return one copy of the manual for completion and/or correction. B. Submit two preliminary copies of manuals before the work covered by the Contract Documents is 35 percent complete. The Engineer will notify the Contractor, in writing, of any deficiencies in the manuals and will return one copy of the manual for completion and/or correction. C. Before the work covered by the Contract Documents is 50 percent complete, the Contractor must submit five copies of the revised and completed manual, complete in detail as specified below. The Contractor shall also submit one copy of the manual in digital format as specified below. D. Digital Copies of Manuals: Operations and Maintenance Manuals shall be provided by the Contractor in digital format. Materials available in digital format shall be furnished in accordance with the following: 1. All textual data shall be provided as an electronic file in searchable Adobe Acrobat Portable Document Format (PDF). The PDF file(s) shall be fully indexed using the Table of Contents, searchable with thumbnails generated. File(s) shall be identified by utilization of an "eight dot three" convention (XXXXX.YY.pdf) where X is the five digit number corresponding to the Specification Section, and YY is an identification number. All documents shall Operating and Maintenance Data City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 017823-1 be scanned at 300dpi or greater utilizing optical character recognition (OCR) software. All text in the document must be text selectable with the exception of pages which are in their entirety Drawings or diagrams. Word searches of the PDF document must function successfully. PDF files that fail to comply with the indexing and searchable features described above will not be acceptable. All Drawing data shall be provided in digital format compatible with AutoCAD Version 14. 2. Materials not available in original digital format (available only in paper format) shall be scanned as noted above into a PDF format and cleaned to remove smudges, fingerprints, artifacts, and other extraneous marks. All notes, version stamps, etc. shall be preserved. Color maps shall be scanned in not less than the number of colors of the document or 16 colors, whichever is greater. Color photographs shall be saved in not less than 256 colors. Black and white or monochrome scans (non -text) shall not be less than 16 gray scale levels. Color maps, color photographs, and black and white and gray scale photograph files shall be saved as GIF or JPG files, compatible with Adobe Photoshop Version 4.0. Documents shall be scanned in the existing color format of the document, i.e. color documents shall be scanned in color, and black and white or monochrome in gray scale. 3. After the documents are in correct digital format, they shall be furnished to the Engineer as a 120 mm, 680mb, 74 -minute CD ROM. All media transmittals shall be accompanied by a detailed paper printout of the files on the media. This printout shall consist of a file name, file size, date of creation, submittal number, and a brief but accurate description of the file. Files shall not be transmitted by modem. Two copies of the CD for each Operation and Maintenance Manual shall be provided to the Engineer. 1.3. SUBMITTAL FORMAT A. Each hard copy of the manual shall be assembled in one or more loose leaf binders, each with title page, typed table of contents, typed list of tables, typed list of figures, and heavy section dividers with reinforced holes and numbered plastic index tabs. Binders shall be uniform for all manuals and shall be 3 ring, hardback type, with transparent vinyl pocket front cover suitable for inserting identifying cover and with a transparent vinyl pocket on the spine for label. All data shall be punched for binding. Composition and printing shall be arranged so that punching does not obliterate any data. The cover and binding edge of each manual shall have the Project title, Specification Section number and title, and manual title printed thereon, all as approved by the Engineer. B. All copies of shop drawings, figures and diagrams shall be reduced to either 8 1/2 x 11 inches or to 11 inches in the vertical dimension and as near as practical to 17 inches in the horizontal dimensions. Such sheets shall be folded to 8 1/2 x 11 inches. The manual and other data shall be printed on first quality paper, 8 1/2 x 11 inch size with standard 3 hole punching. Binders shall be labeled Vol. 1, Vol. 2, etc., where more than one is required. Operating and Maintenance Data City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 017823-2 The table of contents for the entire set, identified by volume number, shall appear in each binder. Text, figures and Drawings shall be clearly legible and suitable for dry process reproductions. C. Each submittal shall have a cover sheet that includes the following information: 1. The date of submittal and the dates of any previous submittals. 2. The Project title. 3. Submittal numbering shall be in accordance with Section 01 31 29 of these Specifications. 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, permanent equipment tag numbers and applicable Drawing No. D. The Engineer will not recommend final acceptance of the work until the Operating and Maintenance Manual is complete and satisfactory to Engineer. 1.4. CONTENTS OF OPERATING AND MAINTENANCE MANUAL A. Each manual shall include a title page which includes all information specified in Article 1.03, Paragraph C of this Section. In addition, the title page shall include manufacturer's address, phone number, facsimile number, and contact; manufacturer's equipment name and model number; supplier's address, phone number, facsimile number, and contact. B. Each manual shall include a table of contents identifying the location of each item listed below, for each component supplied. For items not applicable to a component, the table of contents shall list N/A for the page number. C. For all equipment, the Contractor shall furnish a complete, detailed listing of all equipment, components and accessories showing component name, manufacturer, model number and quantity information shall be furnished for each component as outlined below: 1. A summary page shall be provided for each piece of equipment detailing the following information: a. Equipment Number b. Equipment Description c. Serial Number d. Model Number Operating and Maintenance Data City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 017823-3 e. Manufacturer i. Address ii. Phone iii. Representative f. Supplier i. Address ii. Phone iii. Representative Local Service Provider i. Address ii. Phone iii. Representative h. Location of Equipment i. Equipment Design Criteria i. HP ii. Flow Rate, etc. j. Performance Data k. Normal Operating Characteristics 1. Limiting Conditions g. 2. Detailed disassembly, overhaul and reassembly, installation, alignment, adjustment and checking instructions. 3. Detailed operating instructions for start up, calibration, routine and normal operation, regulation and control, safety, shutdown and emergency conditions. Detailed list of settings for relays, pressure switches, temperature switches, level switches, thermostats, alarms, relief valves, rupture discs, etc. Operating and Maintenance Data City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 017823-4 4. Detailed preventative maintenance procedures and schedules, including detailed lubrication instructions and schedules, identification of required lubricants and operating fluids (description, specification and trade name of at least two manufacturers), and diagrams illustrating lubrication points. 5. Detailed guide to equipment and/or process "troubleshooting". 6. Detailed parts lists identified by title, materials of construction, manufacturer's part number, list of recommended spare parts identified as specified above, current cost list for recommended spare parts, predicted life of parts subject to wear, and an exploded or concise cut away view of each equipment assembly. 7. Electrical and instrumentation schematics, including motor control centers, control panels, wiring diagrams, instrument panels and analyzer panels. 8. List of all special tools supplied and description of their use. Special tools include any tool not normally available in an industrial hardware or mill supply house. 9. List of names and addresses of nearest service centers for parts, overhaul and service. 10. Procedures for storing, handling and disposing of any chemicals or products used with the equipment or system. 11. For equipment and systems, also provide the following: a. Control and wiring diagrams provided by the controls manufacturer. b. Sequence of operations by the controls manufacturer. c. Charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. 12. The supplier's operation and maintenance information will address the particular equipment furnished, with specific details on operation and maintenance practices. General data is not acceptable. Information contained in the manual which is not appropriate to the Project shall be marked out and noted as "N/A". END OF SECTION Operating and Maintenance Data City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 017823-5 This page intentionally left blank LNV SECTION 03 10 00 CONCRETE FORMING AND ACCESSORIES PART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Formwork for cast -in place concrete. 2. Shoring, bracing, and anchorage. 3. Form accessories. 4. Form stripping. B. Related Sections: 1. Section 03 20 00 - Concrete Reinforcing. 2. Section 03 30 00 - Cast -In -Place Concrete. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Formwork (Vertical Structures): 1. Basis of Measurement: By the square foot. 2. Basis of Payment: Includes form materials, placement, placing accessories, stripping. B. Formwork (Horizontal Supported Structures): 1. Basis of Measurement: By the square foot. 2. Basis of Payment: Includes form materials, placement, placing accessories, stripping. 1.3 REFERENCES A. American Concrete Institute: 1. ACI 117 - Standard Specifications for Tolerances for Concrete Construction and Materials. 2. ACI 301 - Specifications for Structural Concrete. 3. ACI 318 - Building Code Requirements for Structural Concrete. 4. ACI 347 - Guide to Formwork for Concrete. B. American Forest and Paper Association: 1. AF&PA - National Design Specifications for Wood Construction. C. The Engineered Wood Association: 1. APA/EWA PS 1 - Voluntary Product Standard for Construction and Industrial Plywood. D. American Society of Mechanical Engineers: 1. ASME A17.1 - Safety Code for Elevators and Escalators. E. ASTM International: 1. ASTM D1751 - Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types). 2. ASTM E96/E96M - Standard Test Methods for Water Vapor Transmission of Materials. Concrete Forming and Accessories 031000-1 LNV F. West Coast Lumber Inspection Bureau: 1. WCLIB - Standard Grading Rules for West Coast Lumber. 1.4 DESIGN REQUIREMENTS A. Design, engineer and construct formwork, shoring and bracing in accordance with ACI 318 to conform to design and applicable code requirements to achieve concrete shape, line and dimension as indicated on Contract Drawings. B. Forms shall be designed with consideration of rate, method of placing concrete, and construction loads to be encountered, including vertical, horizontal, and impact loads. 1.5 SUBMITTALS A. Information on the Contractor's proposed forming system: Submit in such detail as the Engineer may require to assure himself that the intent of the specifications can be complied with by use of the proposed system. B. Approval by the Engineer shall in no way relieve the Contractor of his responsibility to provide forms adequate and satisfactory for the purpose required. 1.6 QUALITY ASSURANCE A. Perform Work in accordance with ACI 347, ACI 301, and ACI 318. B. For wood products furnished for work of this Section, comply with AF&PA. C. Install work in accordance with local, state, and federal regulations. D. Maintain one copy of each document on site. 1.7 QUALIFICATIONS A. Design formwork under direct supervision of Professional Engineer experienced in design of this Work and licensed in State of Texas. B. Qualifications of Formwork Manufacturers: Use only forming systems manufactured by manufacturers having minimum 5 years' experience, except as otherwise specified, or accepted in writing by the Engineer. 1.8 DELIVERY, STORAGE, AND HANDLING A. Deliver void forms and installation instructions in manufacturer's packaging. B. Store off ground in ventilated and protected manner to prevent deterioration from moisture. Concrete Forming and Accessories 03 10 00 - 2 LNV 1.9 COORDINATION A. Coordinate this Section with other sections of work requiring attachment of components to formwork. PART 2 PRODUCTS 2.1 WOOD FORM MATERIALS A. Lumber Forms: 1. Application: Use for edge forms and unexposed finish concrete. 2. Boards: 6 inches or 8 inches in width, shiplapped or tongue and groove, "Standard" Grade Southern Yellow Pine, conforming to WCLIB Standard Grading Rules for West Coast Lumber. Surface boards on four sides. B. Plywood Forms: 1. Application: Use for exposed finish concrete. 2. Forms: Conform to PS 1; 5 -ply plywood sheets made with 100 percent waterproof adhesive and having finish surface that is coated or overlaid with surface which is impervious to water and alkaline calcium and sodium hydroxide of cement; full size 4 x 8 feet panels; each panel labeled with grade trademark of APA/EWA. 3. Plywood for Surfaces to Receive Membrane Waterproofing: Minimum of 3/4 inch thick; APA/EWA "B -B Plyform Structural I Exterior" grade. 4. Plywood where "Smooth Finish" is required, as indicated on Contract Drawings: APA/EWA "HD Overlay Plyform Structural I Exterior" grade, minimum of 3/4 inch thick. 2.2 PREFABRICATED FORMS A. Preformed Steel Forms: Rigidly constructed matched, tight fitting, stiffened to support weight of concrete without deflection detrimental to tolerances and appearance of finished surfaces. B. Glass Fiber Fabric Reinforced Plastic Forms: Matched, tight fitting, stiffened to support weight of concrete without deflection detrimental to tolerances and appearance of finished concrete surfaces. C. Steel Forms: Sheet steel, suitably reinforced, and designed for particular use indicated on Contract Drawings. D. Form Liners: Smooth, durable, grainless and non -staining hardboard, unless otherwise indicated on Contract Drawings. E. Framing, Studding and Bracing: Southern Yellow Pine No. 2 with grade stamp clearly visible. Concrete Forming and Accessories 03 10 00 - 3 LNV 2.3 FORMWORK ACCESSORIES A. Form Ties: 1. General: a. Provide form ties for forming system selected that are manufactured by a recognized manufacturer of concrete forming equipment. b. Provide ties of type that accurately tie, lock and spread forms. c. Do not allow holes in forms for ties to allow leakage during placement of concrete. B. Cone -Snap or Flat Bar Form Ties: 1. Cone -snap ties shall form a cone shaped depression in the concrete with a minimum diameter of 1 inch at the surface of the concrete and 1-1/2 inches deep. 2. Provide neoprene waterseal washer that is located near the center of the concrete. C. Taper Ties: 1. Neoprene Plugs for Taper Tie Holes: Size so that after they are driven, plugs are located in center third of wall thickness. 2. Dry -Pack Mortar for Filling Taper Tie Holes: a. Consist of mix of 1 part of Portland cement to 1 part of plaster sand. b. Amount of water to be added to cement -sand mix is to be such that mortar can be driven into holes and be properly compacted. c. Admixtures or Additives: Are not to be used in dry -pack mortar. D. Spreaders: Standard, non -corrosive metal form clamp assembly, of type acting as spreaders and leaving no metal within 1-1/2 inches of concrete face. Wire ties, wood spreaders or through bolts are not permitted. E. Form Anchors and Hangers: 1. Do not use anchors and hangers exposed concrete leaving exposed metal at concrete surface. 2. Symmetrically arrange hangers supporting forms from structural steel members to minimize twisting or rotation of member. 3. Penetration of structural steel members is not permitted. F. Form Release Agent: Colorless mineral oil that will not stain concrete, or absorb moisture, or impair natural bonding or color characteristics of coating intended for use on concrete. G. Corners: Chamfer, rigid plastic or wood strip type; 3/4 inch bevel unless indicated otherwise on Contract Drawings; maximum possible lengths. Provide 1/4 inch bevel at expansion and construction joints. H. Keyways: Steel, plastic, or lumber treated with form coating, applied according to label directions. I. Dovetail Anchor System: System consisting of dovetail slots cast into the concrete, dovetail anchors that tie the masonry veneer to dovetail slots, and continuous wires that are embedded in the masonry and connect to the dovetail anchors: 1. Dovetail Slot: 18 gage, Type 304 stainless steel in accordance with ASTM A 167, foam filled and in 10 foot lengths. Concrete Forming and Accessories 03 10 00 - 4 LNV a. Manufacturers: 1) Hohmann and Barnard, Inc.; Hauppauge, NY; Model No. 305. 2) Heckmann Building Products, Inc.; Chicago, IL; Model No. 100. 3) Substitutions: Submit substitutions for approval. 2. Dovetail Anchors: 23 gage, 1 inch wide, Type 304 stainless steel in accordance with ASTM A 167, and with seismic notch for attachment to wire embedded in masonry. a. Manufacturers: 1) Hohmann and Barnard, Inc.; Hauppauge, NY; Model No. 303SV. 2) Heckmann Building Products, Inc.; Chicago, IL; Model No. 361. 3) Substitutions: Submit substitutions for approval. 3. Wire Reinforcement: 9 gage, Type 304 stainless steel wire in accordance with ASTM A 580. a. Manufacturers: 1) Hohmann and Barnard, Inc.; Hauppauge, NY. 2) Heckmann Building Products, Inc.; Chicago, IL. J. Flashing Reglets: Galvanized steel or rigid PVC, 22 gage thick, longest possible lengths, with alignment splines for joints, foam filled, release tape sealed slots, anchors for securing to concrete formwork. K. Bituminous Joint Filler: ASTM D1751. L. Nails, Spikes, Lag Bolts, Through Bolts, Anchorages: Size, strength and character to maintain formwork in place while placing concrete. PART 3 EXECUTION 3.1 EXAMINATION A. Verify lines, levels, and centers before proceeding with formwork. Verify dimensions agree with Contract Drawings. B. When formwork is placed after reinforcement resulting in insufficient concrete cover over reinforcement before proceeding, request instructions from Engineer. C. Do not place any concrete until all forms have been thoroughly checked for alignment, level, strength, and to assure accurate location of all mechanical and electrical inserts or other embedded items. 3.2 INSTALLATION A. Earth Forms: 1. Trench earth forms neatly, accurately, and at least 2 inches wider than footing widths indicated on Contract Drawings. 2. Trim sides and bottom of earth forms. 3. Construct wood edge strips at top of each side of trench to secure reinforcing and prevent trench from sloughing. 4. Form sides of footings where earth sloughs. Concrete Forming and Accessories 03 10 00 - 5 LNV 5. Tamp earth forms firm and clean forms of debris and loose material before depositing concrete. B. Formwork - General: 1. Provide top form for sloped surfaces steeper than 1.5 horizontal to 1 vertical to hold shape of concrete during placement, unless it can be demonstrated that top forms can be omitted. 2. Construct forms to correct shape and dimensions, mortar -tight, braced, and of sufficient strength to maintain shape and position under imposed loads from construction operations. 3. Camber forms where necessary to produce level finished soffits unless otherwise shown on Contract Drawings. 4. Carefully verify horizontal and vertical positions of forms. Correct misaligned or misplaced forms before placing concrete. 5. Complete wedging and bracing before placing concrete. C. Forms for Smooth Finish Concrete: 1. Use steel, plywood or lined board forms. 2. Use clean and smooth plywood and form liners, uniform in size, and free from surface and edge damage capable of affecting resulting concrete finish. 3. Install form lining with close -fitting square joints between separate sheets without springing into place. 4. Use full size sheets of form lines and plywood wherever possible. 5. Tape joints to prevent protrusions in concrete. 6. Use care in forming and stripping wood forms to protect corners and edges. 7. Level and continue horizontal joints. 8. Keep wood forms wet until stripped. D. Forms for Surfaces to Receive Membrane Waterproofing: Use plywood or steel forms. After erection of forms, tape form joints to prevent protrusions in concrete. E. Framing, Studding and Bracing: 1. Space studs at 16 inches on center maximum for boards and 12 inches on center maximum for plywood. 2. Size framing, bracing, centering, and supporting members with sufficient strength to maintain shape and position under imposed loads from construction operations. 3. Construct beam soffits of material minimum of 2 inches thick. 4. Distribute bracing loads over base area on which bracing is erected. 5. When placed on ground, protect against undermining, settlement or accidental impact. F. Erect formwork, shoring, and bracing to achieve design requirements, in accordance with requirements of ACI 301 and ACI 318. G. Arrange and assemble formwork to permit dismantling and stripping. Do not damage concrete during stripping. Permit removal of remaining principal shores. H. Obtain Engineer's approval before framing openings in structural members not indicated on Contract Drawings. I. Install chamfer strips on external corners of beams, joists, columns and slabs exposed to view. Concrete Forming and Accessories 03 10 00 - 6 LNV J. Do not reuse wood formwork more than 3 times for concrete surfaces to be exposed to view. Do not patch formwork. 3.3 APPLICATION - FORM RELEASE AGENT A. Apply form release agent on formwork in accordance with manufacturer's recommendations. B. Apply prior to placement of reinforcing steel, anchoring devices, and embedded items. C. Do not apply form release agent where concrete surfaces are indicated to receive special finishes or applied coverings that are affected by agent. Soak inside surfaces of untreated forms with clean water. Keep surfaces coated prior to placement of concrete. D. Reuse and Coating of Forms: Thoroughly clean forms and reapply form coating before each reuse. For exposed work, do not reuse forms with damaged faces or edges. Apply form coating to forms in accordance with manufacturer's specifications. Do not coat forms for concrete indicated to receive "scored fmish". Apply form coatings before placing reinforcing steel. 3.4 INSTALLATION - INSERTS, EMBEDDED PARTS, AND OPENINGS A. Install formed openings for items to be embedded in or passing through concrete work. B. Locate and set in place items required to be cast directly into concrete. C. Coordinate with Work of other sections in forming and placing openings, slots, reglets, recesses, sleeves, bolts, anchors, other inserts, and components of other Work. D. Install accessories straight, level, and plumb. Ensure items are not disturbed during concrete placement. E. Provide temporary ports or openings in formwork where required to facilitate cleaning and inspection. Locate openings at bottom of forms to allow flushing water to drain. F. Close temporary openings with tight fitting panels, flush with inside face of forms, and neatly fitted so joints will not be apparent in exposed concrete surfaces. G. Form Ties: 1. Use sufficient strength and sufficient quantity to prevent spreading of forms. 2. Place ties at least 1 inch away from finished surface of concrete. 3. Leave inner rods in concrete when forms are stripped. 4. Space form ties equidistant, symmetrical and aligned vertically and horizontally unless otherwise shown on Contract Drawings. 5. Cone -Snap Rod and Bar Ties: Tie forms together at not more than 2 -foot centers vertically and horizontally. After forms are removed from wall, fill tie holes as follows: a. Remove form ties from surfaces. b. Roughen cone shaped tie holes by heavy sandblasting before repair. c. Dry pack cone shaped tie holes with dry -pack mortar. Concrete Forming and Accessories 03 10 00 - 7 LNV 6. Taper Ties: a. After forms and taper ties are removed from wall, plug tie holes with neoprene plug as follows: 1) Heavy sandblast and then clean tie holes. 2) After cleaning, drive neoprene plug into each of taper tie holes with steel rod. Final location of neoprene plug shall be in center third of wall thickness. Bond neoprene plug to concrete with epoxy. 3) Locate steel rod in cylindrical recess, made in plug, during driving: a) At no time are plugs to be driven on flat area outside cylindrical recess. b. Dry -Pack of Taper Tie Holes: After installing plugs in tie holes: 1) Coat tie hole surface with epoxy bonding agent and fill with dry -pack mortar: 2) Dry -Pack Mortar: Place in holes in layers with thickness not exceeding tie hole diameter and heavily compact each layer. 3) Dry -pack the outside of the hole no sooner than 7 days after the inside of the hole has been dry packed. 4) Wall surfaces in area of dry -packed tie holes: On the water side of water containing structures and the outside of below grade walls: a) Cover with minimum of 10 mils of epoxy gel. b) Provide epoxy gel coating on wall surfaces that extend minimum of 2 inches past dry -pack mortar filled tie holes. c) Provide finish surfaces that are free from sand streaks or other voids. H. Arrangement: Arrange formwork to allow proper erection sequence and to permit form removal without damage to concrete. I. Construction Joints: 1. Install surfaced pouring strip where construction joints intersect exposed surfaces to provide straight line at joints. 2. Just prior to subsequent concrete placement, remove strip and tighten forms to conceal shrinkage. 3. Show no overlapping of construction joints. Construct joints to present same appearance as butted plywood joints. 4. Arrange joints in continuous line straight, true and sharp. J. Embedded Items: 1. Make provisions for pipes, sleeves, anchors, inserts, reglets, anchor slots, nailers, water stops, and other features. 2. Do not embed wood or uncoated aluminum in concrete. 3. Obtain installation and setting information for embedded items furnished under other Specification sections. 4. Securely anchor embedded items in correct location and alignment prior to placing concrete. 5. Verify conduits and pipes, including those made of coated aluminum, meet requirements of ACI 318 for size and location limitations. K. Openings for Items Passing Through Concrete: 1. Frame openings in concrete where indicated on Contract Drawings. Establish exact locations, sizes, and other conditions required for openings and attachment of work specified under other sections. 2. Coordinate work to avoid cutting and patching of concrete after placement. Concrete Forming and Accessories 031000-8 LNV 3. Perform cutting and repairing of concrete required as result of failure to provide required openings. L. Screeds: 1. Set screeds and establish levels for tops of concrete slabs and levels for finish on slabs. 2. Slope slabs to drain where required or as shown on Contract Drawings. 3. Before depositing concrete, remove debris from space to be occupied by concrete and thoroughly wet forms. Remove freestanding water. M. Screed Supports: 1. For concrete over waterproof membranes and vapor retarder membranes, use cradle, pad or base type screed supports which will not puncture membrane. 2. Staking through membrane is not permitted. N. Cleanouts and Access Panels: 1. Provide removable cleanout sections or access panels at bottoms of forms to permit inspection and effective cleaning of loose dirt, debris and waste material. 2. Clean forms and surfaces against which concrete is to be placed. Remove chips, saw dust and other debris. Thoroughly blow out forms with compressed air just before concrete is placed. 3.5 FORM CLEANING A. Clean forms as erection proceeds, to remove foreign matter within forms. B. Clean formed cavities of debris prior to placing concrete. C. Flush with water or use compressed air to remove remaining foreign matter. Ensure that water and debris drain to exterior through clean-out ports. D. During cold weather, remove ice and snow from within forms. Do not use de-icing salts. Do not use water to clean out forms, unless formwork and concrete construction proceed within heated enclosure. Use compressed air or other means to remove foreign matter. 3.6 FORM REMOVAL A. Do not remove forms or bracing until concrete has gained sufficient strength to carry its own weight and imposed loads and removal has been approved by Engineer. B. Loosen forms carefully. Do not wedge pry bars, hammers, or tools against finish concrete surfaces scheduled for exposure to view. C. Store removed forms in manner that surfaces to be in contact with fresh concrete will not be damaged. Discard damaged forms. D. Vertical Forms: 1. Remain in place minimum of 36 hours after concrete is placed. 2. If, after 36 hours, concrete has sufficient strength and hardness to resist surface or other damage, forms may be removed. Concrete Forming and Accessories 03 10 00 - 9 LNV E. Other Forms Supporting Concrete and Shoring: Remain in place as follows: 1. Sides of Footings: 24 hours minimum. 2. Vertical Sides of Beams, Girders, and Similar Members: 36 hours minimum. 3. Slabs, Beams, and Girders: Until concrete strength reaches specified strength f c or until shoring is installed. 4. Shoring for Slabs, Beams, and Girders: Shore until concrete strength reaches specified strength. 5. Wall Bracing: Brace walls until concrete strength of beams and slabs laterally supporting wall reaches specified strength. F. Green Concrete: 1. No heavy loading on green concrete will be permitted. 2. Green concrete is defined as concrete with less than 100 percent of specified strength f c. G. Immediately after forms are removed, carefully examine concrete surfaces, and repair any irregularities in surfaces and finishes as specified in Section 03 30 00. 3.7 ERECTION TOLERANCES A. Tolerances: 1. Finish concrete shall conform to shapes, lines, grades, and dimensions indicated on the Contract Drawings. 2. The maximum deviation from true line and grade shall not exceed tolerances listed below at time of acceptance of project. 3. Construct formwork to produce completed concrete surfaces within construction tolerances specified in ACI 117, paragraphs 2.1 through 2.2 and paragraphs 4.0 through 4.6, except as modified herein: a. Slabs: 1) Slope: Uniformly sloped to drain when slope is indicated on the Contract Drawings. 2) Slabs Indicated to be Level: Have maximum deviation of 1/8 -inch in 10 feet without any apparent changes in grade. b. On Circular Tank Walls: The Contractor may deviate from finish line indicated on the Contract Drawings by use of forms with chord lengths not to exceed 2 feet. c. Inserts: Set inserts to tolerances required for proper installation and operation of equipment or systems to which insert pertains. d. Maximum Tolerances: As follows: Item Tolerance Sleeves and Inserts Plus 1/8 Minus 1/8 inches Projected Ends of Anchor Bolts Plus 1/4 Minus 0.0 inches Anchor Bolt Setting Plus 1/16 Minus 1/16 inches 3.8 FIELD QUALITY CONTROL A. Inspect erected formwork, shoring, and bracing to ensure that work is in accordance with formwork design, and that supports, fastenings, wedges, ties, and items are secure. Concrete Forming and Accessories 03 10 00 - 10 LNV B. Notify Engineer after placement of reinforcing steel in forms, but minimum 48 hours prior to placing concrete. C. Schedule concrete placement to permit formwork inspection before placing concrete. END OF SECTION Concrete Forming and Accessories 03 10 00- 11 This page intentionally left blank CNV SECTION 03 20 00 CONCRETE REINFORCING PART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Reinforcing bars. 2. Welded wire fabric. 3. Reinforcement accessories. B. Related Sections: 1. Section 03 10 00 - Concrete Forming and Accessories. 2. Section 03 30 00 - Cast -In -Place Concrete. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Bar Reinforcement: 1. Basis of Measurement: By the ton. 2. Basis of Payment: Includes reinforcement, placement, and accessories. B. Welded Wire Fabric Reinforcement: 1. Basis of Measurement: By the square foot. 2. Basis of Payment: Includes welded wire reinforcement, placement, and accessories. 1.3 REFERENCES A. American Concrete Institute: 1. ACI 301 - Specifications for Structural Concrete. 2. ACI 318 - Building Code Requirements for Structural Concrete. 3. ACI 350 - Environmental Structures: Code Requirements. 4. ACI 530.1 - Specifications for Masonry Structures. 5. ACI SP -66 - ACI Detailing Manual. B. ASTM International: 1. ASTM A82/A82M - Standard Specification for Steel Wire, Plain, for Concrete Reinforcement. 2. ASTM A184/A184M - Standard Specification for Fabricated Deformed Steel Bar Mats for Concrete Reinforcement. 3. A185/A185M-07 Standard Specification for Steel Welded Wire Reinforcement, Plain, for Concrete. 4. ASTM A496/A496M - Standard Specification for Steel Wire, Deformed, for Concrete Reinforcement. 5. ASTM A497/A497M - Standard Specification for Steel Welded Wire Fabric, Deformed, for Concrete Reinforcement. Concrete Reinforcing 032000-1 CNV 6. ASTM A615/A615M - Standard Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. 7. ASTM A704/A704M - Standard Specification for Welded Steel Plain Bar or Rod Mats for Concrete Reinforcement. 8. ASTM A706/A706M - Standard Specification for Low -Alloy Steel Deformed and Plain Bars for Concrete Reinforcement. 9. ASTM A767/A767M - Standard Specification for Zinc -Coated (Galvanized) Steel Bars for Concrete Reinforcement. 10. ASTM A775/A775M - Standard Specification for Epoxy -Coated Steel Reinforcing Bars. 11. ASTM A884/A884M - Standard Specification for Epoxy -Coated Steel Wire and Welded Wire Reinforcement. 12. ASTM A934/A934M - Standard Specification for Epoxy -Coated Prefabricated Steel Reinforcing Bars. 13. ASTM A996/A996M — Standard Specification for Rail -Steel and Axle -Steel Deformed Bars for Concrete Reinforcement. C. American Welding Society: 1. AWS D1.4 - Structural Welding Code - Reinforcing Steel. D. Concrete Reinforcing Steel Institute: 1. CRSI - Manual of Standard Practice. 2. CRSI - Placing Reinforcing Bars. 1.4 SUBMITTALS A. Shop Drawings: Indicate bar size, spacing, location, and quantity of reinforcing steel or welded wire fabric, bending and cutting schedules, and supporting and spacing. B. Certificates: Submit AWS qualification certificate for welders employed on the Work. C. Manufacturer's Certificate: 1. Submit certified copies of mill test report of reinforcement materials analysis. 1.5 QUALITY ASSURANCE A. Perform Work in accordance with CRSI - Manual of Standard Practice, ACI 301 and/or ACI 318. B. Prepare shop drawings in accordance with ACI SP -66. C. Perform Work in accordance with TxDOT Standard Specification Item 440 "Reinforcing Steel", as modified herein. D. Maintain one copy of each document on site. 1.6 QUALIFICATIONS A. Welders: AWS qualified within previous 12 months. Concrete Reinforcing 03 20 00 - 2 CNV 1.7 COORDINATION A. Coordinate with placement of formwork, formed openings and other Work. PART 2 PRODUCTS 2.1 REINFORCEMENT A. Reinforcing Steel: ASTM A615/A615M, 60 ksi yield grade, deformed billet bars, uncoated finish. B. Welded Plain Wire Fabric: ASTM A185/A185M; in flat sheets; unfinished. 2.2 ACCESSORY MATERIALS A. Tie Wire: Minimum 16 gage annealed type, unfinished. B. Chairs, Bolsters, Bar Supports, and Spacers: Sized and shaped for strength and support of reinforcement during concrete placement conditions including load bearing pad on bottom to prevent vapor retarder puncture. C. Special Chairs, Bolsters, Bar Supports, Spacers Adjacent to Weather Exposed Concrete Surfaces: Plastic -coated steel hot -dip galvanized metal spacers with plastic tips, Stainless steel or plastic spacers type; size and shape to meet Project conditions. 2.3 FABRICATION A. Fabricate concrete reinforcement in accordance with CRSI Manual of Practice and ACI 318. B. Form standard hooks for 180 degree bends, 90 degree bend, stirrup and tie hooks, and seismic hooks as indicated on Drawings. C. Reinforcing shall be bent cold, true to the shapes indicated on the drawings. Bending shall preferably be done in the shop. D. Irregularities in bending shall be cause for rejection. E. Form reinforcement bends with minimum diameters in accordance with ACI 318. F. Fabricate column reinforcement with offset bends at reinforcement splices. G. Form spiral column reinforcement from minimum 3/8 inch diameter continuous deformed bar or wire. H. Form ties and stirrups from the following: 1. For bars No. 10 and Smaller: No. 3 deformed bars. 2. For bars No. l land Larger: No. 4 deformed bars. Concrete Reinforcing 03 20 00 - 3 CNV I. Locate reinforcement splices not indicated on Drawings, at point of minimum stress. Submit location of splices to Engineer for review and approval. 1. Refer to TxDOT Standard Specification Item 440, Article 440.2.E for nomenclature. PART 3 EXECUTION 3.1 PLACEMENT A. Place, support and secure reinforcement against displacement. Do not deviate from required position beyond specified tolerance. 1. Do not weld crossing reinforcement bars for assembly. 2. Unless otherwise shown on the drawings, dimensions shown for reinforcing bars are out to out of steel. 3. All reinforcing steel shall be tied at all intersections. Where spacing is less than one foot in each direction, tie every other intersection. 4. Reinforcing steel shall be supported and tied in such a manner as to provide a sufficiently rigid cage of steel. 5. If the cage is not adequately supported to resist settlement or floating upward of the steel, over -turning of truss bars or movement in any direction during concrete placement, permission to continue concrete placement will be withheld until corrective measures are taken. 6. Sufficient measurements shall be made during concrete placement to insure that the reinforcement remains in the proper position. B. Do not displace or damage vapor retarder. C. Accommodate placement of formed openings. Check drawing requirements (plans, sections and details) for additional reinforcing steel at all openings. D. Space reinforcement bars with minimum clear spacing in accordance with ACI 318 of one bar diameter, but not less than 1 inch. 1. Where bars are indicated in multiple layers, place upper bars directly above lower bars. E. For cast -in-place concrete, maintain concrete cover around reinforcement in accordance with ACI 318 as follows: Reinforcement Location Minimum Concrete Cover Concrete cast against and permanently exposed to earth 3 inches Concrete exposed to earth or weather No. 6 bars and larger 2 inches No. 5 bars and smaller 1-1/2 inches Concrete not exposed to weather or in contact with ground; slabs, walls & joists No. 14 bars and larger 1-1/2 inches No. 11 bars and smaller 3/4 inches Concrete Reinforcing 03 20 00 - 4 CNV Beams and Columns 1-1/2 inches Shell and Folded Plate Members No. 6 bars and larger 3/4 inch No. 5 bars and smaller 1/2 inch F. Minimum concrete cover over reinforcement shall be as specified in the table above unless specifically noted otherwise on the "Issued for Construction" drawings. Splice reinforcing where indicated on Drawings and in accordance with splicing device manufacturer's instructions. G. Development and splices of reinforcing steel shall be in accordance with ACI 318 H. When placed in the work, reinforcement shall be free from dirt, grease, oil, concrete laitance or other foreign matter prior to concrete placement. I. Reinforcing shall be free from injurious defects such as cracks and laminations. J. Install additional top and bottom corner bars, same size and quantity as the beam, footing or wall reinforcing, shown on the drawings and at all beam corners and interior/exterior beam, footing or wall intersections. K. Unless noted otherwise, corner or intersection bar lap lengths shall be a minimum of 40 bar diameters in both directions. 3.2 STORING A. Steel reinforcing shall be stored above the surface of the ground upon platforms, skids or other supports and shall be protected as far as practicable from mechanical injury and surface deterioration caused by exposure to conditions producing rust. 3.3 ERECTION TOLERANCES A. Install reinforcement within the following tolerances for flexural members, walls, and compression members: Reinforcement Depth Depth Tolerance Concrete Cover Tolerance Greater than 8 inches plus or minus 3/8 inch minus 3/8 inch Less than 8 inches plus or minus 1/2 inch minus 1/2 inch B. Install reinforcement within the tolerances specified in ACI 530.1 for foundation walls. 3.4 FIELD QUALITY CONTROL A. The contractor shall implement a quality control plan to ensure that the reinforcing size, type, finish, spacing, cover, splicing, material and placement are in accordance with the "Issued for Construction" drawings. Concrete Reinforcing 03 20 00 - 5 CNV B. If the project requires reinforcing inspections, no concrete shall be deposited until the engineer has inspected the reinforcing steel and has given permission to proceed with concrete placement. Notify the engineer a minimum of 48 hours prior to the planned concrete pour. C. The contractor shall provide free access to Work and cooperate with the engineer or engineer's appointed inspector. END OF SECTION Concrete Reinforcing 03 20 00 - 6 CNV SECTION 03 30 00 CAST -IN-PLACE CONCRETE PART 1 GENERAL 1.1 SUMMARY A. Section includes cast -in-place concrete for the following: 1. Building frame members. 2. Shear walls, elevator shafts, and foundation walls. 3. Supported slabs and slabs on grade. 4. Control and expansion joints. 5. Equipment pads. 6. Light pole and flagpole bases. 7. Thrust blocks. 8. Manholes and junction boxes. 9. Drainage inlets. 10. Headwalls and wingwalls. 11. Retaining walls. 12. Sidewalks and curb ramps. 13. Driveways. 14. Curbs and curb and gutter. 15. Concrete riprap. B. Related Sections: 1. Section 03 10 00 - Concrete Forming and Accessories. 2. Section 03 20 00 - Concrete Reinforcing. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Cast -in-place concrete shall not be measured and paid for separately; it shall be subsidiary to other items of work. 1.3 REFERENCES A. American Concrete Institute: 1. ACI CT - Concrete Terminology. 2. ACI 301 - Specifications for Structural Concrete. 3. ACI 305 - Hot Weather Concreting. 4. ACI 306.1 - Standard Specification for Cold Weather Concreting. 5. ACI 308.1 - Standard Specification for Curing Concrete. 6. ACI 309R - Guide for Consolidation of Concrete. 7. ACI 318 - Building Code Requirements for Structural Concrete. 8. ACI 347 - Guide to Formwork for Concrete. B. ASTM International: 1. ASTM B221 - Standard Specification for Aluminum and Aluminum -Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes. Cast -In -Place Concrete 033000-1 CNV 2. ASTM C31 - Standard Practice for Making and Curing Concrete Test Specimens in the Field. 3. ASTM C33 - Standard Specification for Concrete Aggregates. 4. ASTM C39 - Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens. 5. ASTM C42 - Standard Test Method for Obtaining and Testing Drilled Cores and Sawed Beams of Concrete. 6. ASTM C78 - Standard Test Method for Flexural Strength of Concrete (Using Simple Beam with Third -Point Loading). 7. ASTM C94 - Standard Specification for Ready -Mixed Concrete. 8. ASTM C109 - Standard Test Method for Compressive Strength of Hydraulic Cement Mortars (Using 2 -in. Cube Specimens). 9. ASTM C143 - Standard Test Method for Slump of Hydraulic Cement Concrete. 10. ASTM C150 - Standard Specification for Portland Cement. 11. ASTM C172 - Standard Practice for Sampling Freshly Mixed Concrete. 12. ASTM C 173 - Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method. 13. ASTM C192 - Standard Practice for Making and Curing Concrete Test Specimens in the Laboratory. 14. ASTM C231 Pressure Meth 15. ASTM C260 16. ASTM C330 17. ASTM C494 18. ASTM C496 Specimens. 19. ASTM C595 - Standard Specification for Blended Hydraulic Cements. 20. ASTM C618 - Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Concrete. 21. ASTM C685 - Standard Specification for Concrete Made By Volumetric Batching and Continuous Mixing. 22. ASTM C845 - Standard Specification for Expansive Hydraulic Cement. 23. ASTM C920 - Standard Specification for Elastomeric Joint Sealants. 24. ASTM C989 - Standard Specification for Ground Granulated Blast -Furnace Slag for Use in Concrete and Mortars. 25. ASTM C1017 - Standard Specification for Chemical Admixtures for Use in Producing Flowing Concrete. 26. ASTM C 1064 - Standard Test Method for Temperature of Freshly Mixed Hydraulic -Cement Concrete. 27. ASTM C1107 - Standard Specification for Packaged Dry, Hydraulic -Cement Grout (Nonshrink). 28. ASTM C1116 - Standard Specification for Fiber -Reinforced Concrete and Shotcrete. 29. ASTM C1157 - Standard Performance Specification for Hydraulic Cement. 30. ASTM C1218 - Standard Test Method for Water -Soluble Chloride in Mortar and Concrete. 31. ASTM C 1240 - Standard Specification for Silica Fume Used in Cementitious Mixtures. 32. ASTM D994 - Standard Specification for Preformed Expansion Joint Filler for Concrete (Bituminous Type). - Standard Test Method for Air Content of Freshly Mixed Concrete by the od. - Standard Specification for Air -Entraining Admixtures for Concrete. - Standard Specification for Lightweight Aggregates for Structural Concrete. - Standard Specification for Chemical Admixtures for Concrete. - Standard Test Method for Splitting Tensile Strength of Cylindrical Concrete Cast -In -Place Concrete 03 30 00 - 2 CNV 33. ASTM D1751 - Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types). 34. ASTM D 1752 - Standard Specification for Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction. 35. ASTM D6690 - Standard Specification for Joint and Crack Sealants, Hot Applied, for Concrete and Asphalt Pavements. 36. ASTM E96 - Standard Test Methods for Water Vapor Transmission of Materials. 37. ASTM E119 - Standard Test Methods for Fire Tests of Building Construction and Materials. 38. ASTM E154— Standard Test Methods for Water Vapor Retarders Used in Contact with Earth Under Concrete Slabs, on Walls, or as Ground Cover. 39. ASTM E1643 - Standard Practice for Installation of Water Vapor Retarders Used in Contact with Earth or Granular Fill under Concrete Slabs. 40. ASTM E1745 - Standard Specification for Plastic Water Vapor Retarders Used in Contact with Soil or Granular Fill under Concrete Slabs. C. Concrete Reinforcing Steel Institute: 1. CRSI Design Handbook. D. South Coast Air Quality Management District: 1. SCAQMD Rule 1168 - Adhesive and Sealant Applications. 1.4 PERFORMANCE REQUIREMENTS A. Vapor Barrier Permeance: Maximum 0.01 Perms (grains/ft2 * hr * in.Hg) when tested in accordance with ASTM E96/E96M, desiccant method or water method. 1. Maintain permeance of less than 0.01 Perms (grains/ft2 * hr * in.Hg) after mandatory conditioning tests per ASTM E154 Sections 8, 11, 12, and 13. 1.5 SUBMITTALS A. Product Data: Submit data on manufactured products, admixtures and vapor barrier. B. Design Data: 1. Submit concrete mix design for each concrete strength/class indicated on Drawings a minimum of fifteen days prior to concrete placement. Submit separate mix designs when admixtures are required for the following: a. Hot and cold weather concrete work. b. Air entrained concrete work. 2. Identify mix ingredients, including type, brand, source and proportions of cement, fly ash, and admixtures, as well as aggregate gradation and chemical composition. Also include applicable reference specifications and copies of test reports showing that the mix has been successfully tested to produce concrete with the properties specified and will be suitable for job conditions. 3. Admixtures shall not contain chloride ions. C. Certificate of Compliance: Submit to the Engineer for approval for each strength/class of concrete indicated on Drawings: 1. Aggregates 2. Admixtures Cast -In -Place Concrete 033000-3 CNV 3. Cement 4. Fly Ash 5. Epoxy Grout D. Obtain approval by Engineer before concrete placement. E. Manufacturer's Installation Instructions: Submit installation procedures and interface required with adjacent Work. 1.6 CLOSEOUT SUBMITTALS A. Project Record Documents: Accurately record actual locations of embedded utilities and components concealed from view in finished construction. 1.7 QUALITY ASSURANCE A. Perform Work in accordance with ACI 301 and 318. B. Conform to ACI 305 when concreting during hot weather. C. Conform to ACI 306.1 when concreting during cold weather. D. Acquire cement and aggregate from one source for Work. E. Maintain one copy minimum of each document on site. 1.8 DELIVERY A. Do not deliver concrete until forms, reinforcement, embedded items, and chamfer strips are in place and ready for concrete placement and Engineer's inspection has been completed satisfactorily. B. Packing and Shipping: 1. Deliver and store packaged materials in original containers until ready for use. 1.9 ENVIRONMENTAL CONDITIONS A. Maintain concrete temperature after installation at minimum 50 degrees F for minimum 7 days. B. Maintain high early strength concrete temperature after installation at minimum 50 degrees F for minimum 3 days. C. Concrete temperature at time of delivery shall not exceed 85 degrees F. Any temperature above this will not be accepted. Measures shall be taken to ensure proper temperature at time of placement. Cast -In -Place Concrete 03 30 00 - 4 LNV 1.10 COORDINATION A. Coordinate placement of joint devices, sleeves, penetrations, openings, conduits, piping, etc. with erection of concrete formwork and placement of form accessories. PART 2 PRODUCTS 2.1 CONCRETE A. Consistency of concrete mixtures shall be such that: 1. The mortar will cling to the coarse aggregate. 2. The aggregates will not segregate in the concrete when it is transported to the place of deposit. 3. The concrete, when dropped directly from the discharge chute of the mixer, will flatten out at the center of the pile, but the edge of the pile will stand and not flow. 4. The concrete and mortar will show no free water when removed from the mixer. 5. The concrete will slide and not flow into place when transported in metal chutes at an angle of thirty (30) degrees with the horizontal. 6. The surface of the finished concrete will be free of a surface film of "laitance". 2.2 CONCRETE MATERIALS A. Cement: ASTM C150, Type I —Normal Portland type. B. Site Mixed Cement 1. Cement used to make concrete shall be as indicated above. 2. Cement shall be of a standard brand manufactured by a reputable firm. 3. Only one brand of cement will be permitted unless otherwise authorized by the Engineer. 4. Each bag of cement shall be plainly marked with the name of the manufacturer and shall weigh no less than 94 pounds net. 5. Cement must be in good condition at the time it is delivered and it shall be properly protected against dampness after delivery. 6. No cement will be accepted which has become caked. C. Normal Weight Aggregates: ASTM C33. 1. The source of supply of fine and coarse aggregates shall be approved by the Engineer before any material is delivered. If required, samples of the fine or coarse aggregates shall be submitted to the Engineer for approval. 2. Each sample shall be accompanied by complete information as to the source, name of producer, capacity and type of plant. D. Lightweight Aggregate: ASTM C330. 1. Coarse Aggregate Maximum Size: In accordance with ACI 318. E. Water: ACI 318; potable, without deleterious amounts of chloride ions, oils, acids, alkali, salts, organic material or other substances that may be deleterious to concrete or steel. Cast -In -Place Concrete 033000-5 CNV 2.3 ADMIXTURES A. Manufacturers: 1. BASF Construction Chemicals - Building Systems. 2. Euclid Chemical Company (The); an RPM company. 3. Grace Construction Products; W.R. Grace & Co. -- Conn. 4. Sika Corporation. 5. Substitutions: Permitted. Contractor to submit substitutions to Engineer for review and approval. B. Air Entrainment: ASTM C260. C. Chemical: ASTM C494. 1. Type A - Water Reducing. 2. Type D - Water Reducing and Retarding. 3. Type F - Water Reducing, High Range. 4. Type G - Water Reducing, High Range and Retarding. D. Fly Ash: ASTM C618; Class F; 25% of cementitious materials by weight, maximum. E. Silica Fume: ASTM C1240. F. Plasticizing: ASTM C1017 1. Drilled piers; walls and columns where reinforcing steel is congested and additional fluidity is required in concrete mix without adding water: Type I, plasticizing 2. Drilled piers utilizing temporary casing: Type II, plasticizing and retarding. G. Prohibited admixtures include calcium chloride, thiocyanates, and all admixtures that contribute free chloride ion in excess of 0.1% by weight of cement. 2.4 ACCESSORIES A. Bonding Agent: Polymer resin emulsion, Polyvinyl Acetate, Latex emulsion, or two -component modified epoxy resin. 1. Manufacturers: a. Euclid Chemical Company (The); an RPM company. b. Meadows, W.R., Inc. c. QUIKRETE. d. Sika Corporation. e. Substitutions: Permitted. Contractor to submit substitutions to Engineer for review and approval. B. Vapor Barrier: ASTM E1745 Class A; 15 mil thick extruded polyolefin membrane; type recommended for below grade application. Furnish joint tape recommended by manufacturer. 1. Manufacturers: a. Stego Wrap by Stego Industries, LLC. b. VaporGuard by Griffolyn. c. Zero -Perm by Alumiseal. d. Substitutions: Not Permitted. Cast -In -Place Concrete 033000-6 CNV C. Non -Shrink Grout: ASTM C1107; premixed compound consisting of non-metallic aggregate, cement, water reducing and plasticizing agents; capable of developing minimum compressive strength of 2,400 psi in 48 hours and 7,000 psi in 28 days. 1. Manufacturers: a. Euclid Chemical Company (The); an RPM company. b. QUIKRETE. c. Sika Corporation. d. Substitutions: Permitted. Contractor to submit substitutions to Engineer for review and approval. D. Curing Compound: 1. A curing compound, which may be sprayed on the surface of the concrete to prevent evaporation of moisture, may be used with the Engineer's prior approval. This curing compound must be compatible with the sealer. 2.5 JOINT DEVICES AND FILLER MATERIALS A. Construction Joint Devices: Not Applicable. B. Expansion Joint Filler Material: 1. Joint Filler Type A: ASTM D994; Asphalt impregnated fiberboard or felt; thickness as specified on Drawings; tongue and groove profile. C. Sealant: ASTM C920, elastomeric, self -leveling polyurethane sealant or as indicated on Drawings. 2.6 CONCRETE MIX A. Select proportions for concrete in accordance with ACI 318 trial mixtures or field experience. B. Provide structural concrete to the following criteria, unless indicated otherwise on Structural Series Drawings: Minimum Compressive Strength (f 'c) 28 -day (psi) Max. Aggregate Size (in) Slump (in) Cement Type Maximum Water -Cement Ratio Types of Structures 3000 1 1/2 6 +/- 1 Type I Normal 0.5 drilled piers, underream piers 4000 1 4 +/- 1 Type I Normal 0.45 spread footings and pedestals, mat foundations, columns 4000 3/4 4 +/- 1 Type I Normal 0.45 slab on grade foundations, suspended slabs, Cast -In -Place Concrete 033000-7 LNV C. Provide concrete to the following criteria, unless indicated otherwise on Civil Series Drawings: Class of Concrete Minimum Cement Content (sacks/CY) Minimum Compressive Strength (f c) 28 -day (psi) Minimum Flexural (Beam) Strength (fr) 7 -day (psi) Maximum Water -Cement Ratio (gal./sack) (wt. ratio) beams, roof slabs, walls, retaining walls 4500 1 4 +/- 1 Type I Normal with Microsilica 0.42 bulkhead caps, concrete at marine structures C. Provide concrete to the following criteria, unless indicated otherwise on Civil Series Drawings: Class of Concrete Minimum Cement Content (sacks/CY) Minimum Compressive Strength (f c) 28 -day (psi) Minimum Flexural (Beam) Strength (fr) 7 -day (psi) Maximum Water -Cement Ratio (gal./sack) (wt. ratio) Types of Structures A 5.0 3000 N/A 6.5 0.58 driveways, sidewalks, curb & gutter, header curbs, curb ramps, curb inlets, valley gutters, storm water manholes, collars for manholes and valves, manhole footings, sign post and fence post footings, channel lining, riprap, safety end treatment, thrust blocks and bollards B 4.5 2500 N/A 8.0 0.71 concrete cradle for Class A pipe bedding, concrete pipe collar for RCP C 6.0 3600 N/A 6.0 0.53 cast -in-place reinforced concrete box (RCB) culverts (except top slab for direct traffic culverts), headwalls, wingwalls, aprons for box culverts, grate inlets, post inlets, junction boxes, low flow Cast -In -Place Concrete 033000-8 LNV D. Slump requirements for concrete detailed on Civil Series Drawings shall be in accordance with Table 8 of TxDOT Item 421, unless indicated otherwise on Drawings. E. The maximum slump may be increased as specified with the addition of an approved admixture provided that the water/cement ratio is not exceeded. The Contractor shall be held responsible for the concrete being within the permissible ranges of slump. F. Admixtures: Include admixture types and quantities indicated in concrete mix designs only when approved by Engineer. 1. Use accelerating admixtures in cold weather. Use of admixtures will not relax cold weather placement requirements. 2. Do not use calcium chloride or admixtures containing calcium chloride. 3. Use set retarding admixtures during hot weather. 4. Add air entrainment admixture to concrete mix for work exposed to freezing and thawing or deicing chemicals. 5. For concrete exposed to deicing chemicals, limit fly ash, pozzolans, silica fume, and slag content as required by applicable code. G. Average Compressive Strength Reduction: Not permitted. H. Ready Mixed Concrete: Mix and deliver concrete in accordance with ASTM C94/C94M. 1. When a truck mixer is used for delivery of concrete, no water from the truck water system or elsewhere shall be added after the initial introduction of the mixing water, except when on arrival at the job site the slump of the concrete is less than that specified. 2. Certification: The manufacturer of the concrete shall furnish to the Contractor with each batch of concrete before unloading at the site, a delivery ticket on which is printed, stamped, or written the following information: a. Name of ready mix batch plant. b. Serial number of ticket. c. Date and truck number. d. Name of Contractor. e. Designation of job. f. Class or designation of concrete. g. Amount of concrete (cubic yards). h. Time loaded. i. Water added by receiver of concrete and his initials. Cast -In -Place Concrete 033000-9 channel sections, cast -in-place bridge abutments and interior bents, concrete parapets S 6.5 4000 570 5.0 0.45 cast -in-place top slab for direct traffic culverts, cast -in- place bridge slabs P 5.5 4400 570 5.0 0.45 concrete pavement D. Slump requirements for concrete detailed on Civil Series Drawings shall be in accordance with Table 8 of TxDOT Item 421, unless indicated otherwise on Drawings. E. The maximum slump may be increased as specified with the addition of an approved admixture provided that the water/cement ratio is not exceeded. The Contractor shall be held responsible for the concrete being within the permissible ranges of slump. F. Admixtures: Include admixture types and quantities indicated in concrete mix designs only when approved by Engineer. 1. Use accelerating admixtures in cold weather. Use of admixtures will not relax cold weather placement requirements. 2. Do not use calcium chloride or admixtures containing calcium chloride. 3. Use set retarding admixtures during hot weather. 4. Add air entrainment admixture to concrete mix for work exposed to freezing and thawing or deicing chemicals. 5. For concrete exposed to deicing chemicals, limit fly ash, pozzolans, silica fume, and slag content as required by applicable code. G. Average Compressive Strength Reduction: Not permitted. H. Ready Mixed Concrete: Mix and deliver concrete in accordance with ASTM C94/C94M. 1. When a truck mixer is used for delivery of concrete, no water from the truck water system or elsewhere shall be added after the initial introduction of the mixing water, except when on arrival at the job site the slump of the concrete is less than that specified. 2. Certification: The manufacturer of the concrete shall furnish to the Contractor with each batch of concrete before unloading at the site, a delivery ticket on which is printed, stamped, or written the following information: a. Name of ready mix batch plant. b. Serial number of ticket. c. Date and truck number. d. Name of Contractor. e. Designation of job. f. Class or designation of concrete. g. Amount of concrete (cubic yards). h. Time loaded. i. Water added by receiver of concrete and his initials. Cast -In -Place Concrete 033000-9 CNV j. Type, name and amount of admixture. I. Site Mixed Concrete: Mix concrete in accordance with ACI 318. J. Mortar Mixes for Concrete Finishes: 1. Mortar Mix for F4 Finish: Consist of 1 part cement and 1-1/2 parts fine sand passing Number 100 screen, mixed with enough water and emulsified bonding agent to have consistency of thick cream. 2. Mortar Mix for F5 Finish: Consist of 1 part cement to 1-1/2 parts of sand which passes Number 16 screen. PART 3 EXECUTION 3.1 EXAMINATION A. Verify requirements for concrete cover over reinforcement. B. Verify anchors, seats, plates, reinforcement and other items to be cast into concrete are accurately placed, positioned securely, and will not interfere or move from position with placing concrete. 3.2 PREPARATION A. Prepare previously placed concrete by cleaning with steel brush and applying bonding agent. Remove laitance, coatings, and unsound materials. B. In locations where new concrete is doweled to existing work, drill holes in existing concrete, insert steel dowels and epoxy as indicated on Drawings. C. Remove debris and ice from formwork, reinforcement, and concrete substrates. D. Remove water from areas receiving concrete before concrete is placed. E. Before beginning work, the contractor shall inform the Engineer fully on the methods of construction, which he proposes to follow, including the amount and character of the equipment which he plans to use on the work. F. Contractor is responsible for the safety and correctness of his method of construction, and for the adequacy of his equipment to carry out and complete the work in accordance with the contract documents. Concurrence on the part of the Engineer in any proposed method of construction, approval of equipment or the approval of concrete form plans shall not be considered as relieving the Contractor of his responsibility to provide for the safety of workers and the public. 3.3 PLACING CONCRETE A. Place concrete in accordance with ACI 318. B. Notify testing laboratory and Engineer minimum 48 hours prior to commencement of operations. Engineer shall be permitted to inspect the forms, reinforcing steel placement and the preparations Cast -In -Place Concrete 03 30 00- 10 CNV for placing the concrete with ample time for Contractor to correct any and all noted deficiencies before concrete arrives on site. C. The Contractor shall be responsible for the protection of all concrete placed under any and all weather conditions. D. Ensure reinforcement, inserts, embedded parts, formed expansion and contraction joints, and other cast -in items are not disturbed during concrete placement. E. When it is necessary to continue mixing, placing and finishing concrete after daylight hours, the work area shall be brilliantly lighted so that all operations are plainly visible. F. In general, concrete placing shall be so regulated that all finishing will be completed during daylight hours. G. Install vapor barrier under interior slabs on grade in accordance with ASTM E1643. Lap joints and seal watertight in accordance with manufacturer's installation instructions. H. Repair vapor barrier damaged during placement of reinforcing steel. Repair with vapor barrier material; lap over damaged areas and seal watertight in accordance with manufacturer's installation instructions. I. Apply sealants in joints in accordance with Section 07 90 00. J. Deposit concrete as nearly as practical in its final position. Prevent segregation of mix. K. Concrete placed with a tremie pipe shall not be allowed to free fall more than 6 feet, with the exception of concrete piers. L. Place concrete in continuous operation for each panel or section determined by predetermined joints. M. Consolidate concrete immediately after placing by use of internal concrete vibrators supplemented by hand spading, rodding and tamping. 1. Air entrained concrete shall not be vibrated for more than 12 seconds. 2. Vibrators shall not be used to transport concrete inside forms. 3. The vibrating equipment shall at all times be adequate in number of units and power to properly consolidate all concrete. 4. Duration of vibration shall be limited to time necessary to produce satisfactory consolidation without causing objectionable segregation. 5. Vibrators shall be applied at uniformly spaced points not farther apart than the visible effectiveness of the machine. 6. Where conditions make consolidation difficult or where reinforcement is congested, batches of mortar containing the same proportions of cement, sand, and water used in the concrete shall first be deposited in the forms to a depth of at least one inch. N. Maintain records of concrete placement. Record date, location, quantity, air temperature, and test samples taken. Cast -In -Place Concrete 03 30 00- 11 CNV O. Place concrete continuously between predetermined expansion, control, and construction joints. P. Do not interrupt successive placement between planned/approved joint locations; do not permit cold joints to occur. 1. A cold joint, as defined by ACI CT, is a joint or discontinuity resulting from a delay in placement of sufficient duration to preclude intermingling and bonding of the material. Q. Place floor slabs in saw -cut pattern as indicated on Drawings. R. Contractor shall submit construction joint placement plans for Engineer approval prior to placing concrete. S. Saw cut joints within 8 hours after placing. Use 3/16 inch thick blade, cut into 1/4 depth of slab thickness or 3/4 inch minimum, whichever is greater, or as specified on Drawings. T. Screed floors and slabs on grade level, maintaining surface flatness of maximum 1/8 inch in 10 ft. 3.4 TRANSPORTING REQUIREMENTS A. Concrete mixed in stationary mixers or paving mixers and transported by non -agitating equipment shall be placed in the forms within 45 minutes from the time ingredients are charged into the mixing drum. B. Concrete that is truck mixed or transported in truck mixers or truck agitators shall be delivered to the site of the work and discharge completed in the forms within the time specified in ASTM C94. C. Transit -mixed concrete that is completely mixed at the site of concrete placement or batched cement and aggregates transported to mixers shall be placed in forms within 90 minutes after cement has been added. D. Concrete shall be placed in forms within 15 minutes after discharge from the mixer at the job site. 3.5 CONCRETE FINISHING — DESCRIPTION A. Cement for Finishes: 1. Addition of white cement may be required to produce finish which matches color of concrete to be finished. B. Vertical Concrete Surfaces: Use following finishes for vertical concrete surfaces as indicated in section "Concrete Finishing — Application": 1. Fl Finish: No special treatment other than repair defective work and fill depressions 1 inch or deeper and tie holes with mortar after removal of curing membrane. 2. F2 Finish: No special treatment other than repair defective work, remove fins, fill depressions 1/2 inch or deeper and tie holes with mortar after removal of curing membrane. 3. F3 Finish: Repair defective work, remove fins, offsets, and curing membrane, and grind projections smooth. Fill depressions 1/4 inch or larger in depth or width and tie holes with mortar after removal of curing membrane. 4. F4 Finish: Cast -In -Place Concrete 03 30 00- 12 CNV a. Same as specified for F3 finish, and in addition fill depressions and holes 1/16 inch or larger in width with mortar. b. "Brush -Off' sandblast surfaces prior to filling holes to expose all holes near surface of the concrete. c. Thoroughly wet surfaces and commence filling of pits, holes, and depressions while surfaces are still damp. d. Perform filling by rubbing mortar over entire area with clean burlap, sponge rubber floats, or trowels. e. Do not let any material remain on surfaces, except that within pits and depressions. f. Wipe surfaces clean and moist cure. 5. F5 Finish: Receive same finish specified for F3 Finish, and in addition, receive special stoned finish in accordance with the following requirements: a. Remove forms and perform required repairs, patching, and pointing as specified in this Section. b. Wet surfaces thoroughly with brush and rub with hard wood float dipped in water containing 2 pounds of Portland cement per gallon. c. Rub surfaces until form marks and projections have been removed. d. Spread grindings from rubbing operations uniformly over surface with brush in such manner as to fill pits and small voids. e. Moist cure brushed surfaces and allow to harden for 3 days: 1) After curing, obtain final finish by rubbing with carborundum stone of approximately Number 50 grit until entire surfaces have smooth texture and uniform color. 2) Continue curing for remainder of specified time. f. If any concrete surface is allowed to become too hard to finish in above specified manner, sandblast and wash related surfaces exposed to view, whether finished or not. 1) While still damp, rub over surface, plastic mortar, as specified for brushed surfaces and handstoned with Number 60 grit carborundum stone, using additional mortar for brushed surfaces until surface is evenly filled without excess of mortar. 2) Continue stoning until surface is hard. 3) After moist curing for 3 days, make surface smooth in texture and uniform in color by use of Number 50 or Number 60 carborundum stone. 4) After stoning, continue curing until 7 day curing period is completed. C. Horizontal Concrete: After proper and adequate vibration and tamping, use following finishes for horizontal concrete surfaces as indicates in section "Concrete Finishing—Application": 1. 51 Finish: Screed to grade and leave without special finish. 2. S2 Finish: Smooth steel trowel finish. 3. S3 Finish: Steel trowel finish free from trowel marks. Provide smooth finish free of all irregularities. 4. S4 Finish: Steel trowel finish, without local depressions or high points, followed by a light hairbroom finish. Do not use stiff bristle brooms or brushes. Perform brooming parallel to slab drainage. Provide resulting finish that is rough enough to provide nonskid finish. Finish shall be subject to review and acceptance by the Owner and/or Engineer. 5. S5 Finish: Nonslip abrasive: After concrete has been screeded level and hardened enough to support a man standing on a board, sprinkle abrasive from shake screen into surface at a uniform rate of 25 pounds for each 100 square feet of surface area, wood float into finish, then trowel abrasive into surface with steel trowel properly exposing abrasive in surface as required to provide non slip surface. Cast -In -Place Concrete 03 30 00- 13 CNV 3.6 CONCRETE FINISHING - APPLICATION A. Finish concrete surfaces as indicated on the Drawings. Where not specified or indicated on the Drawings, finish surfaces as follows: 1. F4 Finish for Following Vertical Surfaces: a. Concrete surfaces specified or indicated to be painted. b. Concrete surfaces, interior or exterior, exposed to view. 2. Surfaces in Open Channels, Basins, and Similar Structures: a. F3 Finish for vertical surfaces which are normally below water surface. b. F4 Finish for vertical surfaces located above normal water surface and exposed to view. c. Remove fins and fill tie holes from concrete surfaces located in closed boxes or channels where there is normally no access or passageway. 3. S4 Finish for Following Surfaces: a. Exterior walkways. b. Tops of exterior walls or beams which are to serve as walkways. c. Tops of exterior walls or beams which are to support gratings. 4. S3 Finish for Following surfaces: a. Building and machine room floors which are not covered with surfacing material: Provide floors that are free from trowel marks. 5. S2 Finish for Following Surfaces: a. Tops of corbels. b. Tops of walls and beams not covered above in S4 Finish. c. Tops of slabs not covered in S1 Finish below. d. All other surfaces not specified to be finished otherwise. 6. 51 Finish for Following Surfaces: a. Basin bottoms to which layer of grout is to be applied. b. Projecting footings which are to be covered with dirt. c. Slab surfaces which are to be covered with concrete fill. B. Concrete Floor Surfaces to which Surfacing Material is Applied 1. Finish smooth with tolerance within 1/8 inch in 10 feet in any direction from lines indicated on the Drawings. a. Wood float surfaces receiving quarry tile, ceramic tile or terrazzo with full bed setting system. b. Steel trowel surfaces receiving carpeting, resilient flooring, seamless flooring, thin set quarry tile, or thin set ceramic tile. C. In areas with floor drains, maintain floor elevation at walls; pitch surfaces uniformly to drains as indicated on drawings. D. Defects: Concrete with excessive honeycomb (including exposed steel reinforcing, cold joints, entrapped debris, separated aggregate, or other defects) which affect the serviceability or structural strength will be rejected, unless correction of defects is approved. Obtain approval of corrective action prior to repair. The surface of the concrete shall not vary more than the allowable tolerances of ACI 347. Exposed surfaces shall be uniform in appearance and finished as specified above. Cast -In -Place Concrete 03 30 00- 14 CNV 3.7 CURING AND PROTECTION A. Immediately after placement, protect concrete from premature drying, excessively hot or cold temperatures, and mechanical injury. 1. Protect concrete footings from freezing for minimum 5 days. B. Maintain concrete with minimal moisture loss at relatively constant temperature for period necessary for hydration of cement and hardening of concrete. Cure concrete in accordance with ACI 301, ACI 308.1 and ACI 318. C. Curing shall be continuous for a minimum of 7 days or until 70% of the specified compressive strength has been obtained. D. Contractor shall submit the curing method selected from those published in ACI 308.1 to the Engineer of Record for approval. 3.8 FIELD QUALITY CONTROL A. Field testing will be performed by an independent commercial testing laboratory, retained by the Owner at his expense, in accordance with ACI 318. 1. Two copies of all test reports shall be furnished directly to the Owner. B. Provide free access to Work and cooperate with appointed testing firm. C. Submit proposed mix design of each class of concrete to Engineer for review prior to commencement of Work. D. Concrete Inspections: 1. Continuous Placement Inspection: Inspect for proper installation procedures. 2. Periodic Curing Inspection: Inspect for specified curing temperature and procedures. E. Strength Test Samples: 1. Sampling Procedures: ASTM C 172. 2. Cylinder Molding and Curing Procedures: ASTM C31, cylinder specimens, standard cured. 3. Sample concrete and make one set of four 6 -inch diameter by 12 -inch long test cylinders or five 4 -inch diameter by 8 -inch long test cylinders for every 50 cu yds or less of each class of concrete placed each day, or any fraction thereof. 4. When volume of concrete for any class of concrete would provide less than 5 sets of cylinders, take samples from five randomly selected batches, or from every batch when less than 5 batches are used. 5. Make one additional cylinder during cold weather concreting and field cure. F. Field Testing: 1. Slump Test Method: ASTM C143. 2. Air Content Test Method: ASTM C173 or ASTM C231. 3. Temperature Test Method: ASTM C 1064. 4. Measure slump and temperature at commencement of concrete placement, for each compressive strength concrete sample, and for each batch (minimum) or every 10 cubic yards (maximum) of concrete. Cast -In -Place Concrete 03 30 00- 15 CNV 5. Measure air content in air entrained concrete at commencement of concrete placement, for each compressive strength concrete sample, and for each batch (minimum) or every 10 cubic yards (maximum) of concrete. G. Cylinder Compressive Strength Testing: 1. Test Method: ASTM C39. 2. Test Acceptance: In accordance with ACI 318. 3. Test one cylinder at 7 days. 4. Test two 6 -inch diameter by 12 -inch long cylinders or three 4 -inch diameter by 8 -inch long cylinders at 28 days. 5. Retain one cylinder for testing when requested by Engineer. 6. Dispose of remaining cylinders when testing is not required. H. Core Compressive Strength Testing: 1. Sampling and Testing Procedures: ASTM C42. 2. Test Acceptance: In accordance with ACI 318. 3. Drill three cores for each failed strength test from concrete represented by failed strength test. I. Water Soluble Chloride Ion Concentration Test Method: ASTM C1218; tested at 28 days. 1. Maximum Concentration: As permitted by applicable code. J. Maintain records of concrete placement. Record date, location, quantity, air temperature and test samples taken. 3.9 DEFECTS A. Allow Engineer to inspect concrete surfaces immediately upon removal of forms. B. Concrete with honeycomb (including exposed steel reinforcing, cold joints, entrapped debris, separated aggregate, or other defects) which affects the serviceability or structural strength will be rejected, unless correction of defects is approved. Obtain approval of corrective action prior to repair. 1. As described in ACI 309R, honeycomb occurs when the mortar does not fill the space between the coarse aggregate particles and when it shows on a surface, it is necessary to chip out the area and make a repair. C. The surface of the concrete shall not vary in alignment more than the allowable tolerances of ACI 347. D. Exposed surfaces shall be uniform in appearance and fmished as specified in the "Concrete Finishing" paragraphs above. E. Patch imperfections as directed by Engineer. 3.10 DEFECTIVE CONCRETE A. Defective Concrete: Concrete not conforming to required lines, details, dimensions, design strength, tolerances or specified requirements. Cast -In -Place Concrete 03 30 00- 16 CNV B. Repair or replacement of defective concrete will be determined by Engineer. C. Do not patch, fill, touch-up, repair, or replace exposed concrete except upon express direction of Engineer for each individual area. D. Failure to Meet Strength Requirements: 1. The Engineer shall have the right to require changes in proportions, or to require additional curing on those portions of the structure represented by the test specimens, which failed. 2. If additional curing does not give the strength required, the Engineer shall have the right to require strengthening or removal and replacement of those portions which fail to develop required strength. 3. Specimens will be considered to have failed when average strength for any period of placing is less than values indicated in the following table: No. Days Consecutive Placing of Percent of Strength Specified Any One Class of Concrete 1 2 3 5 or more 85 95 95 100 4. When additional curing of portions of the structure is ordered by the Engineer, it shall be done at Contractor's expense and no claim for extra compensation for such additional curing shall be allowed. 5. In no case shall the Contractor be required to provide such additional curing beyond a total of 21 days, except where average strength of specimens, representing concrete placed on any three consecutive days, fall below 80% of the value specified in the "Concrete Mix" section of this specification. In this case, curing shall be continued until cores drilled from portions of the structure involved show an average strength equal to that specified in the "Concrete Mix" section of this specification. Cores shall have a diameter of approximately three times the maximum size aggregate and shall be tested in accordance with ASTM C42. END OF SECTION Cast -In -Place Concrete 03 30 00- 17 This page intentionally left blank SECTION 150610 PIPE SUPPORTS 1. GENERAL 1.01 SUMMARY A. Section includes: Supports for pipe, fittings, valves, and appurtenances. 1.02. REFERENCES: A. ASTM International (ASTM): 1. A380 - Standard Practice for Cleaning, Descaling, and Passivation of Stainless Steel Parts, Equipment, and Systems. 2. A967 - Standard Specification for Chemical Passivation Treatments for Stainless Steel Parts. B. Manufacturer's Standardization Society (MSS): 1. SP -58 - Pipe Hangers and Supports - Materials, Design, and Manufacture. 1.03 SUBMITTALS A. Shop drawings: Include schedule, indicating where supports will be installed, and drawings of pipe support system components. B. Provide Manufacturer's Certificate of Source Testing as specified. C. Provide Manufacturer's Certificate of Installation and Functionality Compliance. 2. PRODUCTS 2.01 MATERIALS A. General: 1. Stainless Steel: a. Fabricate as detailed. B. Outdoor areas: Areas exposed to the natural outdoor environment: 1. Stainless Steel. C. Indoor areas: Areas exposed to an indoor environment including galleries and tunnels: 1. Stainless Steel. D. Stainless Steel Fasteners: 1. As specified in detail. 150610 Page 1 of 5 2.02 PIPE SUPPORTS A. Brackets: MSS SP -58, Type 32 with back plate; rated for 1,500 pounds: 1. Manufacturers: One of the following or equal: a. For stainless steel piping: 1) Nibco-Tolco, Figure 30M. 2) Cooper B -Line Systems, Inc., Figure B3066. 3) FM Stainless Fasteners, Figure 98. b. For all other piping, unless indicated on the Drawings: 1) Anvil International, Figure 195. 2) Cooper B -Line Systems, Inc., Figure B3066. B. Pipe clamps: MSS SP -58, Type 4: 1. Manufacturers: One of the following or equal: a. For stainless steel piping: 1) Nibco-Tolco, Figure 4. 2) Cooper B -Line Systems, Inc., Figure 3140. b. For all other piping, unless indicated on the Drawings: 1) Anvil International, Figure 212. 2) Bergen -Power, Figure 175. 3) Cooper B -Line Systems, Inc., Figure B3140. C. Adjustable offset pipe clamp: 1. Manufacturers: One of the following or equal: a. For stainless steel piping: 1) Nibco-Tolco, Figure 4. 2) Cooper B -Line Systems, Inc., Figure B3149. 3) FM Stainless Fasteners, Figure 63. b. For all other piping, unless indicated on the Drawings: 1) Anvil International, Figure 100. 2) Cooper B -Line Systems, Inc., Figure B3149. D. Offset pipe clamp: 1. Manufacturers: One of the following or equal: a. For stainless steel piping: 150610 Page 2 of 5 1) Nibco-Tolco, Figure 8. 2) Cooper B -Line Systems, Inc., Figure 3148. b. For all other piping, unless indicated on the Drawings: 1) Anvil International, Figure 103. 2) Cooper B -Line Systems, Inc., Figure B3148. E. Floor stand or stanchion saddles: MSS SP -58, Type 37. Provided with U -bolt hold down yokes: 1. Manufacturers: One of the following or equal: a. For stainless steel piping: 1) Nibco-Tolco, Figure 318. 2) FM Stainless Fasteners, Figure 59. b. For all other piping, unless indicated on the Drawings: 1) Anvil International, Figure 259. 2) Bergen -Power, Figure 125. 3) Cooper B -Line Systems, Inc., Figure B3090. c. Threaded pipe stand support stanchion. Match pipe support material. 1) Anvil International, Figure 63T. 2) Bergen -Power, Figure 138. 3) Cooper B -Line Systems, Inc., Figure B3088ST. F Heavy pipe clamp: MSS SP -58, Type 4: 1. Manufacturers: One of the following or equal: a. For stainless steel piping: 1) Nibco-Tolco, Figure 4H. b. For all other piping, unless called out otherwise on the Drawings: 1) Anvil International, Figure 216. 2) Bergen -Power, Figure 298. G. Anchor bolts, concrete anchors, concrete inserts, powder -actuated fasteners, and sleeve anchors: As specified per Manufacturer. 3. EXECUTION 3.01 INSTALLATION 150610 Page 3of5 A. Support, suspend, or anchor exposed pipe, fittings, valves, and appurtenances to prevent sagging, overstressing, or movement of piping; and to prevent thrusts or loads on or against connected pumps, blowers, and other equipment. B. Field verify support location, orientation, and configuration to eliminate interferences prior to fabrication of supports. C. Carefully determine locations of inserts. Anchor to formwork prior to placing concrete. D. Use flush shells only where indicated on the Drawings. E. Do not use anchors relying on deformation of lead alloy. F. Do not use powder -actuated fasteners for securing metallic conduit or steel pipe larger than 1 inch to concrete, masonry, or wood. G. Secure pipes with double nutted U -bolts or suspend pipes from hanger rods and hangers. 1. For all other piping, use stainless steel U -bolts. H. Support spacing: 1. Support 2 -inch and smaller piping on horizontal and vertical runs at maximum 5 feet on center, unless otherwise specified. 2. Support larger than 2 -inch piping on horizontal and vertical runs at maximum 10 feet on center, unless otherwise specified. 3. Support exposed polyvinyl chloride and other plastic pipes at maximum 5 feet on center, regardless of size. 4. Support tubing, PVC pipe 1 -inch and smaller, copper pipe and tubing, fiber -reinforced plastic pipe or duct, and rubber hose and tubing at intervals close enough to prevent sagging greater than 1/4 inch between supports. 5. Do not suspend or support valves, pipe and fittings from another pipe or conduit. Install supports at: 1. Any change in direction. 2. Both sides of flexible pipe connections. 3. Base of risers. 4. Floor penetrations. 5. Connections to pumps, blowers, and other equipment. 6. Valves and appurtenances. J. Securely anchor plastic pipe, valves, and headers to prevent movement during operation of valves. 150610 Page 4 of 5 K. Anchor plastic pipe between expansion loops and direction changes to prevent axial movement through anchors. L. Provide elbows or tees supported from floors with base fittings where indicated on the Drawings. M. Support base fittings with metal supports or when indicated on the Drawings support on concrete piers. N. Do not use chains, plumbers' straps, wire, or similar devices for permanently suspending, supporting, or restraining pipes. O. Support plumbing drainage and vents in accordance with plumbing code. P Supports, clamps, brackets, and portions of support system bearing against copper pipe: Copper plated, copper throughout, or isolated with neoprene or polyvinyl chloride tape. Q. Where pipe is insulated, install over -sized supports and hangers. R. Install insulation shield in accordance with MSS SP -58, Type 40. Shield shall be galvanized steel unless otherwise specified or indicated on the Drawings. S. Install riser clamps at floor penetrations and where indicated on the Drawings. T. Coat support system components as specified on the Drawings. 3.02 COMMISSIONING AND PROCESS START-UP REQUIREMENTS A. Manufacturer services for each type of pipe support: 1. Provide Manufacturer's Certificate of Source Testing. 2. Provide Manufacturer's Certificate of Installation and Functionality Compliance. END OF SECTION 150610 Page 5of5 This page intentionally left blank SECTION 150620 PREFORMED CHANNEL PIPE SUPPORT SYSTEM 1. GENERAL 1.01 SUMMARY A. Section includes: Preformed channel pipe support system consisting of preformed channels, fittings, straps, and fasteners engineered to support piping. 1.02. REFERENCES: A. American Institute of Steel Construction (AISC). B. American Iron and Steel Institute (AISI). C. Manufacturer's Standardization Society (MSS): 1. SP -58 - Pipe Hangers and Supports - Materials, Design, and Manufacture. 2. SP -69 — Pipe Hangers and Supports — Selection and Application. 1.03 SYSTEM DESCRIPTION A. Design responsibility: 1. The manufacturer of the preformed channel pipe support system is responsible for the design of the support system. 2. Prepare design calculations utilizing the design criteria included in these Specifications. 3. Prepare detailed shop drawings illustrating the layout of the support system and identifying the components of the support system. B. Design criteria: 1. Include live, dead, and seismic loads associated with piping, valves, and appurtenances. Consider the content of the pipes in load calculations. 2. Minimum gauge thickness: 12 -gauge. 3. Allowable stress of channels: a. Steel channels: The lesser of 25,000 pounds per square inch, or 0.66 times yield stress of steel. b. Stainless steel channels: 0.66 times the yield stress of the stainless steel alloy. 4. Maximum deflection: 1/240 of span. 5. Allowable column loads: As recommended by manufacturer in published instruction for column's unsupported height and "K" value for calculating effective column length of not less than 1.0. 150620 Page 1 of 4 6. Future loads: a. Support systems indicated on the Drawings may include spaces intended to accommodate future pipes. b. Assume such spaces are occupied by 6 -inch diameter ductile iron pipes. Only the number of pipes that would physically fit into the space need be considered. c. Include the weight of the pipe contents in determining future loads. Assume pipe contents are water. 7. Seismic design criteria: As indicated on the Drawings and required for mechanical equipment. 8. Spacing of supports: As required to comply with design requirements but not more than 5 feet. C. Supports below the top of walls of water bearing structures: Use Type 316 stainless steel for support system components. 1.04 SUBMITTALS A. Shop drawings: Include layout of support system including pipe loads, selected channel size, fittings, and appurtenances. B. Structural design calculations sealed by a registered engineer of the State of Texas. C. Provide Manufacturer's Certificate of Source Testing. D. Provide Manufacturer's Certificate of Installation and Functionality Compliance. 1.05 QUALITY ASSURANCE A. Design preformed channel pipe support system for loads in accordance with applicable provisions of: 1. AISC Manual of Steel Construction. 2. AISI Cold -Formed Steel Design Manual. B. Product standards: 1. Pipe support components: In accordance with MSS SP -69. 2. Pipe support materials: In accordance with MSS SP -58. 2. PRODUCTS 2.01 MANUFACTURERS A. Fabricate preformed channel pipe support system using, as a minimum, parts specified below and meeting the requirements specified under Design Criteria. 150620 Page 2 of 4 1. Manufacturers: One of the following or equal: a. Unistrut, Series P1000 or P1001; P5500 or P5501. b. Allied Support Systems, Power Strut, Figure PS -200 or PS -200 2TS; PS -150 or PS -150 2TS. c. Cooper Industries, B -Line, Channel Type B22 or B22A; B12 or B12A. 2.02 ACCESSORIES A. Preformed channel concrete inserts: Minimum 12 inches long. 1. Manufacturers: One of the following or equal: a. Unistrut, Series P-3200. b. Allied Support Systems, Figure 282. c. Cooper Industries, B -Line Series B321. B. 90 -degree angle fittings: 1. Manufacturers: One of the following or equal: a. Unistrut, P 1026. b. Allied Support Systems, Power Strut, P603. C. Pipe straps: 1. For pipes 8 inches in diameter and smaller: Use 2 -piece universal strap with slotted hex head screw and nut. a. Manufacturers: One of the following or equal: 1) Unistrut, Series P1109 through P1126. 2) Allied Support Systems, PS 1100. 3) Cooper Industries, B -Line Series B2000. 2. For pipes greater than 8 inches in diameter: Unless different material is otherwise indicated on the Drawings use 1 -piece 1 inch wide by 1/8 inch thick steel strap, hot -dip galvanized after fabrication. D. Prefabricated double channel bracket: 1. Manufacturers: One of the following or equal: a. Unistrut, P2542 -P2546. b. Cooper Industries, B -Line Series B297. 3. EXECUTION 3.01 INSTALLATION 150620 Page 3 of 4 A. Install preformed channel concrete inserts for vertical support, quantity based on manufacturer's structural design calculations. B. Fasten preformed channel pipe supports to existing walls using Z -fittings and concrete anchors as indicated on the Drawings. C. Fasten preformed channel pipe supports to preformed channel concrete inserts embedded in ceiling using U-shaped fittings. D. Suspend threaded rods from concrete inserts embedded in ceiling. Support preformed channel pipe supports with threaded rods. E. Touchup cut or damaged surfaces. F Prevent contact between pipes and support components of dissimilar metals. Utilize rubber coated, plastic coated, or vinyl coated components, stainless steel components, or wrap pipe with PVC or polyethylene tape. G. Install support as near as possible to concentrated loads. H. Install support within 2 feet of horizontal and vertical changes in pipe alignment. I. Adjust supports or install shims to obtain specified slope or elevation 3.02 COMMISSIONING AND PROCESS START-UP REQUIREMENTS A. Manufacturer services for each type of pipe support: 1. Provide Manufacturer's Certificate of Source Testing. 2. Provide Manufacturer's Certificate of Installation and Functionality Compliance. END OF SECTION 150620 Page 4 of 4 SECTION 150650 THERMOPLASTIC PIPE 1. GENERAL 1.1 DESCRIPTION A. Scope: This Section includes polyvinyl chloride (PVC) piping and chlorinated polyvinyl chloride (CPVC) piping, fittings and specials. The extent of piping is shown on the Drawings and in schedule in Section 15100, Piping Installation. B. Related Sections: 1. Section 022020, Excavation and Backfill. 2. Section T 15070, Temperature Controlled Piping. 3. Section T 15085, Thermoplastic Valves, Operators and Appurtenances. 1.2 QUALITY ASSURANCE A. Reference Standards: Comply with applicable provisions and recommendations of the following, except as otherwise shown or specified. 1. ASTM D1598, Test for Time -to -Failure of Plastic Pipe under Constant Internal Pressure. 2. ASTM D1599, Test for Short -Time Rupture Strength of Plastic Pipe, Tubing and Fittings. 3. ASTM D2122, Determining Dimensions of Thermoplastic Pipe and Fittings. 4. ASTM D1784, Rigid Poly (Vinyl Chloride) PVC Compounds and Chlorinated Poly (Vinyl Chloride) CPVC Compounds. 5. ASTM D1785, Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80 and 120. 6. ASTM D2467, Socket -Type Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings. 7. ASTM D2564, Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings. 8. ASTM D2774, Underground Installation of Thermoplastic Pressure Piping. 9. ASTM D2846, Chlorinated Poly (Vinyl Chloride) Plastic Hot Water Distribution Systems. 10. ASTM D2855, Standard Practice for Making Solvent -cemented Joints with Polyvinyl Chloride (PVC) Pipe and Fittings 11. ASTM D3034, Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 12. ASTM F437, Threaded Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 80. 13. ASTM F439, Socket -Type Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 80. 14. ASTM F441, Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe, Schedules 40 and 80. 15. ASTM F477, Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 16. ASTM F493, Solvent Cements for Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe and Fittings. 17. Standard No. 14, National Sanitation Foundation. 18. American National Standards Institute. 150650 Page 1 of 9 B. Qualifications: 1. Manufacturer shall have a minimum of five (5) years of experience in the production of thermoplastic pipe and fittings, and shall show evidence of satisfactory service in at least five (5) installations. 2. Thermoplastic pipe and fittings shall be the product of one (1) manufacturer. C. Shop Tests: 1. Piping manufacturer shall maintain a continuous quality control program. 2. All PVC and CPVC plastic molding materials used to manufacture pipe and fittings under this Section shall be tested for conformance to the requirements of ASTM D 1784 and ASTM D 1785. 1.3 SUBMITTAL A. Shop Drawings: Submit for approval the following: 1. Detailed procedures to be used in jointing and installing piping system including manufacturer's recommendations. 2. Interfacing of piping system to equipment and appurtenances. 3. Detail requirements for burial, supports, anchors, guides, expansion joints, and all accessories required for a satisfactory piping system. 4. Bill of materials, indicating material composition of pipe and solvent, pressure rating, nominal size and its location on the piping installation drawings. 5. Certifications letter from pipe manufacturer confirming that the materials to be used are suitable for the intended service. B. Certificates: Submit certificates of compliance with referenced standards. 1.4 PRODUCT DELIVERY, HANDLING AND STORAGE A. Delivery: 1. All necessary precautions shall be taken to prevent damage to pipe fittings and other materials during shipment and delivery. 2. All materials shall be securely fastened to truck or rail car to prevent movement or damage during shipment. 3. An inspector shall examine all materials before unloading. B. Handling: 1. All pipe materials shall be handled to prevent damage. 2. Pipe and fittings shall not be dropped, rolled, or pushed off from any height on delivery, storage or installation. C. Storage: 1. All pipe materials shall be stored off the ground. Pipe ends shall be secured by caps or plugs. 2. Do not store pipe or fittings in sunlight. 3. Pipe shall be stored to prevent sagging or bending. 4. Store pipe materials off the ground, under cover, and in a dry location. 150650 Page 2 of 9 2. PRODUCTS 2.1 MATERIALS A. PVC Pipe: 1. PVC pipe shall be Schedule 80, Class 14554B, conforming to ASTM D1784 and ASTM D1785. 2. Fittings: a. Fittings and specials for PVC pipe shall be Schedule 80, solvent weld type and shall conform to ASTM D 2467 for socket type. b. Provide flanged fittings at all valves and equipment with Teflon filled gaskets. c. For non -chemical pipe applications, including polymer service, solvent cement shall conform to requirements of ASTM D2564. d. For chemical pipe applications, solvent cement shall be Weld -On 711 Gray or Equal and conform to requirements of ASTM F493. B. CPVC Pipe: 1. CPVC pipe shall be Schedule 80, Class 24554B, conforming to ASTM D1784 and ASTM F 441. 2. Fittings: a. Fittings shall be Schedule 80, solvent welded, socket type, conforming to ASTM F439. b. Provide flanged fittings at all valves and equipment with Teflon filled gaskets with silica filler, unless shown otherwise on Drawings. c. Solvent cement shall conform to requirements of ASTM F493. d. For chemical pipe applications, solvent cement shall be Weld -On 724 Gray or Equal. C. PVC Gravity Sewer/Drain Pipe: 1. Pipe and fittings shall conform to requirements of ASTM D1784, Class 12454B and ASTM D3034, SDR 26. 2. Elastomeric gaskets for joints shall conform to requirements of ASTM F477. D. Provide suitable means for 1 -1/2 -inches of expansion per 100 feet of pipe length. E. CONTRACTOR shall supply type, grade and strength of pipe required to meet the specified service conditions. Submit to ENGINEER for approval. F. Painting shall conform to requirements of Section T 09900, Painting. 2.2 DETAILED REQUIREMENTS A. Workmanship: 1. The pipe shall be homogeneous throughout and free from visible cracks, holes, foreign inclusions or other defects. 2. The pipe shall be uniform in color, opacity, density, and other physical properties. B. Dimensions and Tolerances: 1. Dimensions and tolerances shall be measured in accordance with ASTM D 2122. 2. The eccentricity of the inside and outside circumferences of the pipe walls shall not exceed 12 percent. C. Sustained Pressure: The pipe shall not fail, balloon, burst, or weep as defined in ASTM D 1598. D. Burst Pressure: The minimum burst pressure shall be determined in accordance with ASTM D 1599. 150650 Page 3 of 9 E. Marking: Marking on the pipe shall include the following, spaced at intervals of not more than 5 -feet. 1. Pipe nominal size. 2. Pipe schedule. 3. Specification of plastic material. 4. Type and grade of plastic. 5. Date and place of manufacture. F. Piping and fittings shall be manufactured with a minimum of 2 percent of titanium oxide for ultraviolet protection. 2.3 ADAPTERS A. Where required to join piping of different materials, CONTRACTOR shall provide the necessary adapters, as recommended by the thermoplastic pipe manufacturer. 3. EXECUTION 3.1 INSTALLATION A. The piping routing shown on the drawings is suggested and approximate and will need to be adjusted in the field. Where indicated in the drawings, the piping shall be supported on a cable tray or pipe rack. Contractor shall coordinate and review the proposed pipe routing with the Engineer before beginning work on piping at each site. Detailed isometrics or plan drawings are not required for this coordination. B. Piping shall be arranged so that it does not interfere with the removal of instruments, pumps, motors, or any other piece of equipment and so that it does not interfere with or obstruct access to manholes, openings or inspection points. C. Piping shall be installed in a manner such that the resultant forces on the equipment shall not exceed the specified limits for each piece of equipment. D. Flexible connections are required in all lines, including instrument conduit, that are connected to the chemical storage tanks. Flexible connections shall be made using spiral -reinforced clear PVC hose rated for full vacuum. E. Pipe supports, anchors and guides shall be installed and adjusted to support the piping and to control movements due to expansion of piping and equipment. Sufficient ties shall be installed to prevent excessive sway and/or vibration of the piping, particularly pipe lines on the discharge of pumps and lines having unsupported corners. F. When permanent pipe supports cannot be installed during erection, adequate temporary supports shall be provided, so that piping is not strained or deformed during the erection process. Special consideration shall be given to piping systems containing fragile type materials. G. All precautions shall be taken to assure internal cleanliness of installed piping. Pipe sections shall be inspected just prior to installation, to assure that all debris has been removed. Bends shall be cleaned to remove adherent sand or other debris. Wherever practicable, hydrostatic test water shall be drained quickly to promote flushing for further cleaning. 150650 Page 4 of 9 H. It is required that openings of valves in vertical lines, inlets and outlets of pumps, etc. should not be left open but shall be covered to prevent water and debris from entering systems. I. All piping shall have high point vents or low point drains unless otherwise specified on the drawings. 3.2 FIELD ROUTING OF PIPE A. Piping shall be generally supported from the containment walls or slab using Unistrut or similar fastening system. B. Piping should be arranged so that as many lines as is feasible run parallel together and to minimize the number of separate piping runs. C. Contractor should consider the routing of all piping, electrical conduits and equipment when determining the layout of the piping in the field. 3.3 INSTALLER CERTIFICATION A. All Contractor personnel who will be installing PVC or CPVC pipe shall be certified in accordance with ASTM D2855, "Standard Practice for Making Solvent -cemented Joints with Polyvinyl Chloride (PVC) Pipe and Fittings. The Contractor shall submit documentation of this certification to the Engineer prior to beginning work. 3.4 PIPE JOINTS A. General: 1. To consistently make good solvent welded joints, the following should be clearly understood and adhered to: • The joining surfaces must be softened (dissolved) and made semi -fluid. • Sufficient solvent cement must be applied to fill the gap between pipe and fitting. • Assembly of pipe and fitting must be made while the surfaces are still wet and fluid. • Joint strength develops as the solvent cement dries. In the tight part of the joint, the surfaces will tend to fuse together; in the loose part, the solvent cement will bond to both surfaces 2. Penetration and dissolving can be achieved by the solvent cement itself, a suitable primer, or by the use of both primer and solvent cement. A suitable primer will penetrate and dissolve the plastic more quickly than solvent cement alone. In cold weather, more time and additional applications are required (see Figure 1). 3. More than sufficient to fill the loose part of the joint must be applied (see Figure 2). Besides filling the gap, adequate solvent cement layers will penetrate the surfaces and also remain wet until the joint is assembled. 4. If the solvent cement coatings on the pipe and fittings are wet and fluid when assembly takes place, they will tend to flow together and become one solvent cement layer. Also, if the solvent cement is wet, the surfaces beneath them will still be soft, and these dissolved surfaces in the tight part of the joint will tend to fuse together (see Figure 3). 150650 Page 5 of 9 5. As the solvent dissipates, the solvent cement layer and the dissolved surfaces will harden with a corresponding increase in joint strength. A good joint will take the required working pressure long before the joint is fully dry and fmal strength is obtained. In the tight (fused) part of the joint, strength will develop more quickly than in the looser (bonded) part of the joint. Completed joints should not be disturbed until they have cured sufficiently to withstand handling. Joint strength develops as the solvent cement dries. Information about the development of bond strength of solvent cemented joints is available (see Figure 4). 6. The techniques described herein can be used to produce strong pressure -tight joints between pipe and fittings of PVC, CPVC, and ABS., either in shop operations or in the field. However, skill and knowledge on the part of the welder are required to obtain a good quality joint. This skill and knowledge can be obtained by making joints under the guidance of skilled welders and testing them until good quality joints are obtained. THESE AREAS MUST BE SOFTENED AND PENETRATED 6510950505, Jr' AMA' Figure 1: Areas of Pipe and Fitting to be Softened (Dissolved) and Penetrated SURFACES MUST BE ASSEMBLED WHILE THEY ARE WET AND SOFT fAorW//!I. ./ Figure 3: Assembly of Surface While They Are Wet and Soft CEMENT COATINGS OF SUFFICIENT THICKNESS Figure 2: Solvent Cement Coatings of Sufficient Thickness BONDED SURFACES FUSED SURFACES Figure 4: Fused and Bonded Surfaces of Joined Pipe and Fitting B. Material Preparation: 1. Cutting the Pipe. It is important to cut the pipe square. A square cut provides the surface of the pipe with the maximum bonding area. Pipe can be easily cut with a ratchet cutter, wheel -type plastic tubing cutter, power saw, chop saw, or fine toothed saw. Tools used to cut pipe must be 150650 Page 6 of 9 designed for plastic use and must be in good condition in accordance with the tool manufacturer's recommendations. If there is any indication of damage or evidence of cracking, cut off at least 2 inches (50mm) beyond any visible crack. Care must be exercised if using ratchet cutters, especially at low temperatures, as they may split the pipe if not properly used and maintained. 2. Deburring and Beveling. Burrs and filings can prevent proper contact between pipe and fitting during assembly, and must be removed from the outside and the inside of the pipe. A chamfering tool or a file is suitable for this purpose. A slight bevel (approximately 10°-15° chamfer and a minimum width of 3/32 of an inch) shall be placed at the end of the pipe to ease entry of the pipe into the fitting socket. This will minimize the chance that the edges of the pipe will wipe solvent cement or will scrape softened surface material from the fitting socket during the insertion of the pipe. 3. Test Dry Fit of the Joint. The pipe should enter the fitting socket easily 1/3 to 2/3 of the way for a tight interference fit. Contact between pipe and fitting is essential in making a good joint. This contact allows the solvent cement to effectively join the pipe and fitting. 4. Cleaning. Using a clean dry rag, wipe any dirt and moisture from the fitting socket and the pipe end. Moisture will slow the cure time, and at this stage of assembly, excessive water can reduce joint strength. 5. Applicator Size. Use an applicator that is properly sized for the pipe and will completely coat the surfaces of the pipe and fittings with primer and solvent cement. Dauber -type applicators will give adequate coverage on pipe diameters that are approximately twice the diameter of the dauber -ball. Swab or roller -type applicators are preferable on larger diameter pipe surfaces of 4" and above. C. Contractor shall install PVC & CPVC pipe in accordance with ASTM 2855. D. Two -Step Solvent Welding Method for PVC and CPVC Plastic Pipe and Fittings: 1. Do not attempt to make solvent cement joints if temperature is below 40°F or above 90°F when exposed to direct sunlight or in wet conditions. 2. The plastic pipe and fittings to be joined should be exposed to the same temperature conditions for a reasonable length of time before assembly. 3. Wipe outer surface of pipe and inner surface of fittings with a clean cloth to remove all foreign substances and moisture before application of the primer, primer/cleaner and cement. 4. Using a brush or bobber supplied, having a width of approximately 1/2 to 3/4 the depth of the socket, apply primer to the inside of the fitting socket. Be aggressive and work the solvents into the surface to break down the surface tension and to soften the surfaces. 5. Then apply solvent cement, recommended by the pipe manufacturer for the intended service, adequately with a light wiping action to spread uniformly over the surface of the pipe end, equal to the depth of the fitting socket, and a light coat inside the fitting. Do not rub the surface of the pipe or fitting socket with the brush any more than is necessary. 6. While the primer is still wet and the surfaces are soft, apply a full, even layer of solvent cement, equal to the depth of the fitting socket, to the pipe end. Like the primer, be aggressive. Remember to apply enough solvent cement to fill the gap between the pipe and fitting. 150650 Page 7 of 9 7. Use PVC solvent cement that meets ASTM D 2564 on PVC plastic pipe and fittings. Use CPVC solvent cement that meets ASTM F 493 on CPVC plastic pipe and fittings. For CPVC potable water systems, use a purple primer and orange CPVC solvent cement in accordance with UPC 605.16.2. 8. Apply a thin layer of solvent cement to the inside of the fitting socket. a. This will prevent puddling of the solvent cement inside of the pipe or fitting. Excessive solvent cement applied to the fitting socket can cause the joint to clog and the wall of the pipe or fitting to weaken due to softening by the trapped solvents. 9. Apply a second full, even layer of solvent cement to the pipe end. Excessive solvent cement on the pipe outer diameter (O.D.) can be easily wiped away after assembly. 10 Immediately after the cement has been applied to the surfaces to be joined, insert the pipe into the fitting/bell and turn a quarter to half turn to distribute cement evenly. Assemble joints in strict accordance with the recommendations and instructions of the manufacturer of the joint materials and the pipe manufacturer. Once the pipe end has reached the fitting socket stop, do not turn any further; doing so could break any fusion that is starting to occur. 11. Hold the pipe and fitting together for approximately 30 seconds to avoid push out. 12 Immediately after joining is completed, wipe off with a clean, dry cloth, excess cement at the end of the fitting. Excess cement should not be allowed to dry on the pipe. The joined members should be allowed to cure for 15 minutes before they are handled. (In cold or damp weather, this interval should be increased to allow for the slower evaporation of the solvent). Another fitting or pipe section can be added to the opposite end within 2 or 3 minutes if care is exercised in the handling so that undue strain is not placed on the previous assembly. 13. Observe safety precautions with the use of joint primers and solvent cements. 14. Allow air to circulate freely through pipelines to permit solvent vapors to escape. 15. Slowly admit water when flushing or filling pipelines to prevent compression of gases within pipes. E. Push On Joints: 1. Bevel all field cut pipe, remove all burrs and provide a reference mark the correct distance from the pipe end. 2. Clean the pipe end and the bell thoroughly before making the joint. 3. Insert the 0 ring gasket, making certain it is properly oriented. 4. Lubricate the spigot well with an approved lubricant; do not lubricate the bell or 0 ring. 5. - .. . flush with the bell. 3.5 PRESSURE TESTING A. The Contractor shall furnish all necessary equipment and labor for carrying out a pressure test on the installed piping. The procedures and methods for carrying out the pressure tests shall be approved by 150650 Page 8 of 9 the Engineer. The test gauge shall have minor graduations no greater than 1% of the specified test pressure. B. Set time is the time required before the joint can be carefully handled. Refer to the solvent cement manufacturer for recommended set times. C. Cure time is the time required before the system can be hydrostatically pressure tested. Refer to the solvent cement manufacturer for recommended cure times. Cure time is dependent upon pipe diameter, solvent cement viscosity, ambient temperature, humidity, and the dry joint tightness (interference fit). As a general rule, relatively short cure periods are satisfactory for high -ambient temperatures with low humidity, small pipe sizes, quick -drying solvent cements, and tight -fitting joints. Longer cure periods are required for low temperatures, large pipe sizes, slow -drying solvent cements, loose joints, and relatively high humidity. D. Hydrostatic pressure test should be 150% of the system design pressure or 50 psig, whichever is greater, and held at this pressure until the system is checked for leaks but at least for 1 hour, unless specifically approved by the Engineer or follow the requirements of the applicable code, whichever is higher. 1. Shade backfill, leaving all joints exposed so that they can be examined during pressure tests. 2. On long runs, pressure tests should be performed on sections not longer than 5000 feet (1500 meters). 3. DANGER! Air or compressed gas must never be used for system acceptance testing. Use HYDROSTATIC PRESSURE TEST ONLY. System failure when using compressed air or gas for system acceptance testing can result in bodily injury, death and/or property damage. 4. If a leak is found, the joint must be cut out and discarded. A new section can be installed using coupling, mechanical repair joint, or a union. Mechanical repair joints or unions should be used in accessible areas only. NOTE: SAFE HANDLING OF SOLVENT CEMENT, PRIMER AND CLEANER 1. Solvent cement, primer, and cleaner for plastic pipe are made from flammable liquids and should be kept away from all sources of ignition. Good ventilation should be maintained to reduce fire hazard and to minimize the breathing of solvent vapors. Avoid contact with skin and eyes. 2. Refer to ASTM F 402, Standard Practice for Safe Handling of Solvent Cements, Primers, and Cleaners Used for Joining Thermoplastic Pipe and Fittings, plus the cautionary notes contained in the Material Safety Data Sheets (MSDSs) supplied by the material supplier. END OF SECTION 150650 Page 9 of 9 This page intentionally left blank SECTION 154300 EMERGENCY EYE/FACE WASH AND SHOWER EQUIPMENT 1. GENERAL 1.01 SUMMARY A. Section includes: Emergency shower and eyewash. 1.02. REFERENCES A. American National Standards Institute (ANSI): 1. Z358.1 — Emergency Eyewash and Shower Equipment. 1.03 DEFINITIONS A. NEMA: 1. Type 4 enclosure in accordance with NEMA 250. 1.04 SUBMITTALS A. Provide Manufacturer's Certificate of Source Testing. B. Provide Manufacturer's Certificate of Installation and Functionality Compliance. C. Shop drawings. D. Produce Data: 1. Submit manufacturer's product literature information for products specified. 2. Manufacturer's Installation Instructions. E. Operation and Maintenance Data 1.05 QUALITY ASSURANCE A. Manufacturer qualifications: Show evidence that the firm has been engaged in producing such materials and products for at least 5 years and that the product submitted has a satisfactory performance record of at least 5 years. B. Installer qualifications: Installer shall have 3 years experience in installing these materials for similar projects and shall be approved by the manufacturer prior to bidding of the project. C. Regulatory requirements: 1. As applicable, equipment of this Section shall comply with requirements of public agencies of the State of Texas, and OSHA. 1.06 DELIVERY, STORAGE, AND HANDLING 154300 Page 1 of 7 A. Packing and shipping: Deliver to the job site in manufacturer's original containers. B. Delivery: After wet operations in building are completed. C. Storage and protection: 1. Store materials in original, unopened containers in compliance with manufacturer's printed instructions. 2. Keep materials dry until ready for use. 3. Keep packages of material off the ground, under cover, and away from sweating walls and other damp surfaces. 4. Protect finished surfaces from soiling and damage during handling and installation. Keep covered with a protective covering. 2. PRODUCTS 2.01 EMERGENCY SHOWERS AND EYE/FACE WASHES A. General design requirements: 1. Combination unit emergency shower with eye/face wash: a. Floor mounted fixture consisting of pipe standard, showerhead assembly, and eyewash assembly. b. Provide stanchion and floor flange, with interconnecting piping. Provide shower/eyewash unit with integral controls to alarm the system is in use. 1) Flow switch: a) Construction: (1) (2) NEMA Type 4. Brass or Type 316 Stainless Steel. b) Type: Magnetic proximity switch. c) Alarm Contacts: Double pole, double throw contacts rated at 2.0 Amps at 120VAC configurable for either Normally Open or Normally Closed. 2) Control panel: a) Construction: NEMA Type 4. Cast aluminum or steel Box with 3 conduit hubs. 154300 Page 2 of 7 (3) Stainless steel cover plate. b) Silence/On — Off switch: (1) NEMA Type 4. (2) Maintain position, black, with nameplate. (3) 1 set of auxiliary contacts. c) Power: 0.6 Amps at 120VAC. 3) Strobe: a) Construction: (1) NEMA Type 4. (2) 120VAC, AMBER Flashing LED. 4) Horn: a) Construction: 5) NEMA Type 4. 6) 90dB at 10 feet Audible alarm. 2. Showerhead flow: 20.0 gallons per minute flow, minimum. 3. Eye/face wash flow: 3.0 gallons per minute flow, minimum. 4. Meet or exceed all requirements of ANSI Z358.1. 5. Provide ANSI compliant identification sign and markings. B. Combination unit emergency shower and eye/face wash: 1. Manufacturers: One of the following or equal: a. Haws, Model No. 8309. b. Guardian Equipment, Model No. G1950HFC. c. Bradley, Model No. 519-310AC. 2. Pipe standard: a. 1-1/4 inch hot -dip galvanized steel pipe, and fittings with interconnecting piping, stanchion, and 9 -inch diameter floor flange. b. Corrosion protection: Provide Haws "-CRP" or Guardian Equipment "-GC" epoxy protective coating in corrosive environments. 3. Shower head: 154300 Page 3of7 a. Material and size: ABS plastic, 10 -inch diameter with 20 GPM flow control. b. Valve and actuator: Stay open chrome plated brass ball valve equipped with stainless steel ball and stem operated by a rigid stainless steel pull rod. 4. Eye/face wash receptor: a. Valve and actuator: Stay open chrome plated brass ball valve with stainless steel ball and stem operated by a stainless steel or epoxy coated aluminum push handle and foot treadle. b. Spray head(s): ABS plastic or polypropylene eye/face wash type heads, with integral flip top protective dust covers releasing with water pressure. c. Receptor bowl: Stainless steel; 11 inches diameter. 5. Supply: 1-1/4 inch Industrial Piping Systems (IPS). 6. Waste: 1-1/4 inch IPS. C. PVC combination unit emergency shower and eye/face wash: 1. Manufacturers: One of the following or equal: a. HAWS, Model No. 8336. b. Guardian Equipment, Model No. G1990. c. Bradley, Model No. 519-310PVC. 2. Pipe standard: 2 inch Schedule 80 PVC pipe and fittings, with stainless steel rod providing additional support overhead; 2-1/2 inch diameter floor flange. 3. Shower head: a. Material and size: ABS plastic, 10 -inch diameter with 20 GPM flow control. b. Valve and actuator: Type 316 stainless steel stay open steel ball valve actuated by rigid stainless steel pull rod. 4. Eye/face wash: a. Valve and actuator: Stay open Type 316 stainless steel ball valve with stainless steel ball operated by stainless steel push handle. b. Head(s): ABS plastic or polypropylene soft -flow eye/face wash type heads, with integral flip top protective dust covers releasing with water pressure. c. Receptor bowl: ABS plastic. D. Stainless steel combination unit emergency shower and eye/face wash: 154300 Page 4 of 7 1. Manufacturers: One of the following or equal: a. HAWS, Model No. 8330. b. Guardian Equipment, Model No. G1996. c. Bradley, Model No. S19-310SSJP. 2. Pipe standard: 1-1/4 inch stainless steel pipe and fittings, with stainless steel rod providing additional support overhead; 5 inch diameter floor flange. 3. Shower head: a. Material and size: Stainless steel, 10 -inch diameter with 20 GPM flow control. b. Valve and actuator: Stay open Type 316 stainless steel ball valve actuated by rigid stainless steel pull rod. 4. Eye/face wash: a. Valve and actuator: Stay open Type 316 stainless steel ball valve with stainless steel ball operated by stainless steel push handle and foot treadle. b. Heads: Twin ABS plastic, polypropylene or stainless steel soft - flow eye/face wash type heads, with integral protective dust covers. 5. Receptor bowl: Stainless steel. E. Freeze resistant combination unit emergency shower and eye/face wash: 1. Manufacturers: One of the following or equal: a. HAWS, Model No. 8317CTFP. b. Guardian Equipment, Model No. GFR3100. c. Bradley, Model No. S19 -300T. 2. Pipe standard: a. 1-1/4 inch galvanized steel pipe and fittings, wrapped with self- regulating heat cable. b. Encase piping and fittings in UV resistant ABS plastic jacket with internal foam insulation; 5 inch diameter floor flange. 3. Shower head: a. Material and size: ABS plastic, 10 -inch diameter with 20 GPM flow control. b. Valve and actuator: Chrome plated brass stay open steel ball valve actuated by rigid stainless steel pull rod. 154300 Page 5of7 4. Eye/face wash: a. Valve and actuator: Stay open chrome plated brass ball valve with stainless steel ball and stem operated by a stainless steel or epoxy coated aluminum push handle. b. Heads: Twin ABS plastic or polypropylene soft -flow eye/face wash type heads, with integral flip top protective dust covers releasing with water pressure. F Safety shower tester: 1. Manufacturers: One of the following or equal: a. Haws, Model No. 9010 with No. 9009. b. Guardian Equipment, Model No. AP250-005. c. Bradley, Model No. 519-330ST. 2. Kit includes: a. Minimum 5 gallon plastic bucket. b. 7 foot long watertight 12 -gallon translucent vinyl plastic bag for attaching over drench showerhead. 1) Bag shall have drawstring at top and be hemmed at bottom. c. Testing record card. 3. EXECUTION 3.01 INSTALLATION A. Install products in accordance with manufacturer's recommendations. B. Install products in accordance with code requirements and ANSI Z358.1. C. Install fixed equipment in accordance with manufacturer's instructions. D. Plumbing and mechanical work as specified. E. Electrical connections and distribution as detailed. 3.02 COMMISSIONING AND PROCESS START-UP REQUIREMENTS A. As specified in this Section. B. Manufacturer services for each type of pipe support: 1. Provide Manufacturer's Certificate of Source Testing. 2. Provide Manufacturer's Certificate of Installation and Functionality Compliance. 3. On site services. 154300 Page 6 of 7 Manufacturer Rep Onsite Training Requirements Installation Testing Functional Testing Process Operational Period Maintenance (hrs per session) Operation (hrs per session) Trips Days (each trip) Trips Days (each trip) Trips Days (each trip) 4 2 1 2 1 1 Not Required END OF SECTION 154300 Page 7 of 7 This page intentionally left blank APPENDIX 1: Sodium Chlorite Bulk Storage and Day Tank Proposal - Diamond Fiberglass This page intentionally left blank DIAMOND co) FIBERGLASS November 15, 2016 AN ASME RTP -I ACCREDITED FABRICATOR LNV Attn: Logan Burton Email: loganb@lnvinv.com Reference: O.N. Stevens WTP 1 Corpus Christi, Texas Subject: FRP Equipment Proposal I-33054 Revision 8 Dear Mr. Burton: In response to the above referenced inquiry, the following FRP Equipment Proposal is provided for your purchase consideration: Item 1: Two (2) 9,000 Gallon Fiberglass Sodium Chlorite Storage Tanks, 12'-0" diameter by 11'-0" sidewall height, flat bottom, domed top. Tank will be fabricated with Hetron 922 vinyl ester resin and a single ply Nexus synthetic veil for the 100 -mil inner corrosion liner and Hetron 922 vinyl ester resin in the outer structural overwrap. In addition, tank will receive a light gray exterior gelcoat with UV inhibitors and will be fit and fabricated similar to IND -2590 Rev.2 with the following fittings and accessories. • Vessel Design Calculations stamped by a Texas P.E. • Shop atmospheric hydrostatic leak test • One (1) — Diamond Fiberglass standard stainless steel nameplate • Three (3) -2" FRP FNPT couplings with Varec 6700 reverse float level gauge assembly • Two (2) — 3" Flat -faced flanged and gusseted nozzle (outlet, overflow) • One (1) — 4" Flat -faced flanged and gusseted nozzle with 3" pipe spool (inlet) • Two (2) — 6" Flat -faced flanged nozzle (one w/screened gooseneck) (instrument,vent) • One (1) — 36" Flat -faced side entry manway (Hastelloy-C bolting/EPDM gasket) (manway) • Four (4) — Fiberglass tiedown lugs (design and supply of anchor bolts by others) • Two (2) — Fiberglass lifting lugs • Two (2) — External pipe support clips • One (1) — Galvanized steel or Fiberglass ladder • One (1) — 316SS Safety Tie -off lug • One (1) — "T" style FRP angle pipe support PRICE EACH: $24,355.00 Item 1: One (1) 800 Gallon Fiberglass Sodium Chlorite Day Tank, 4'-0" diameter by 9'-0" sidewall height, flat bottom, domed top. Tank will be fabricated with Hetron 922 vinyl ester resin and a single ply Nexus synthetic veil for the 100 -mil inner corrosion liner and Hetron 922 vinyl ester resin in the outer structural overwrap. In addition, tank will receive a light gray exterior gelcoat with UV inhibitors and will be fit with the following fittings and accessories. • Vessel Design Calculations stamped by a Texas P.E. • Shop atmospheric hydrostatic leak test 1036 Industrial Park Dr. :: Victoria, Texas 77905 :: Tel (361) 572-4040 :: Fax (361) 573-0451 :: www.diamond66erglass.com Confidential Equipment Proposal Page 2 of 3 • One (1) — Diamond Fiberglass standard stainless steel nameplate • Three (3) -2" FRP FNPT couplings with Varec 6700 reverse float level gauge assembly • One (1) — 1" Flat -faced flanged and gusseted nozzle (outlet) • Three (3) — 2" Flat -faced flanged and gusseted nozzles (inlets, overflow) • One (1) — 4" Gooseneck vent with mesh insect screen (vent) • One (1) — 6" Flat -faced flanged nozzle (level indicator) • One (1) — 24" Flat faced side entry manway (Hastelloy-C bolting/EPDM gasket) (manway) • Four (4) — Fiberglass tiedown lugs (design and supply of anchor bolts by others) • Two (2) — Fiberglass lifting lugs PRICE EACH, $12,420.00 TOTAL PRICE FOR ALL THREE (3) VESSELS $61,130.00 FREIGHT: Delivery to the Corpus Christi, Texas jobsite available for an add-on price of $1,470.00 LOT. This rate is a base rate determined by the drawings and/or information supplied by the customer during the quoting process. Note that Diamond Fiberglass makes every effort to include the necessary permits, escorts, etc. typically required when quoting freight. Offloading at final destination is by others. FABRICATION SCHEDULE: The fabrication schedule will be 12 weeks after clarification of details and receipt of drawing approval by the customer. Actual fabrication schedule will be determined at the time of receipt of the purchase order and/or approved drawings, based on the shop load at that time. Transit time to jobsite is not included in the above schedule. APPROVAL DRAWINGS: Fabrication drawings for customer approval can be provided 1-2 weeks after receipt of purchase order and clarification of details. EXCEPTIONS, CLARIFICATIONS, ADDERS AND DEDUCTS 1) The above quoted vessels and materials are intended for use in Sodium Chlorite service. 2) Vessel to be designed and fabricated per ASTM 3299, ASTM 4097 and NBS PS -15-69, as applicable. 3) Vessel to be designed for seismic per ASCE 7-10 for Corpus Christi, TX site class D, a 1.24 specific gravity, a 150 mph wind load, atmospheric pressure, and ambient temperature. 4) Diamond Fiberglass' scope of work is to provide the above listed vessels and accessory equipment. All other items (including but not limited to instrumentation, plumbing, valves, installation and field testing services) are not included in this quotation and are by others. 5) The vessel's exterior U V inhibited gelcoat will be light gray or white unless a premium color is requested. A premium color will impact pricing. 6) Diamond field services (to include but not limited to installations, inspections, certifications, testing, training, start-ups, etc.) are not included in the above quoted equipment. WARRANTY: Diamond Fiberglass' standard warranty will apply. This warrants the vessel from 18 months from shipment or 12 months from startup, whichever is sooner. If any failure does occur during this period, the manufacturer shall provide — at no additional cost to the city — all labor and materials required for repairs and/or replacement. Extended warranties reviewed upon request on a case by case basis. NOTE: The above offering is based on supplying equipment in accordance with Diamond Fiberglass' Standard Terms and Conditions of Sale, which is to be considered a part of this proposal. Confidential Equipment Proposal Page 3 of 3 TERMS: Quoted pricing is based on terms of Net 30 Days, payment in full thirty (30) days from the invoice date. Quoted pricing does not include taxes of any sort. New customers and large value projects are subject to progress payment terms. VALIDITY PERIOD: Pricing is firm for 30 days from the quote date. Diamond reserves the right to update vessel pricing should "Release for Fabrication" not be received within 60 days after execution of purchase order. STORAGE FEES: Diamond will store the finished vessel at our facility for up to two weeks after the vessel has been completed at no charge to the customer. After that two-week period, a storage fee will be charged of 1.5% per month of the purchase order vessel price, prorated by day to recover carrying costs. TAXES: Quoted pricing does not include taxes of any type. PURCHASE ORDER PLACEMENT: To permit proper processing and coordination of details, a purchase order resulting from this proposal should be issued to: Diamond Fiberglass 1036 Industrial Park Dr. Victoria Texas 77905 Attention: Cody Rath We look forward to answering any questions you may have after reviewing this submittal, and would welcome the opportunity to schedule the production of the quoted equipment at your direction. Should you have any questions or require any additional information, please contact me at (361) 572- 4040. Sincerely, DIAMOND FIBERGLASS Cody Rath Project Manager This page intentionally left blank APPENDIX 2: Chlorine Dioxide Generator Proposal - Chemours This page intentionally left blank ChernoursM May 12, 2016 Jake Krumnow Operations & Maintenance Manager San Patricio Municipal Water District 4213 Highway 361 Ingleside, TX 78362 International Dioxcide, Inc. 40 Whitecap Drive North Kingstown, RI 02852 Tel 401-295-8800 Fax: 401-295-7208 www.chlorinedioxide.chemours.com Proposal for Chlorine Dioxide Generation Equipment Dear Mr. Krum now, International Dioxcide, Inc., a wholly owned subsidiary of The Chemours Company, is pleased to submit this proposal for a new chlorine dioxide generator, to be used at `Plant A' of San Patricio Municipal Water District. The equipment will be a drop in replacement for the current system. We have reviewed the specifications and have determined the appropriate generator design: Generator Specifications Size: Capacity: Chemistry: Control: Dimensions: Electrical: Nozzle: Plant Specifications Plant Flowrate: C1O2 Dose: Motive Water Pressure: Back Pressure: %" PVC Up to 150 PPD C1O2 2 -Part - 25% Sodium Chlorite and Chlorine Gas Manual (optional Flow Pacing — see below) 77"x24"x76" (L x W x H) 120 VAC Number 13 9 MGD 1.0 — 1.5 mg/L 50 psi 5 — 10 psi Page 1 of 7 Chemours. Proposal International Dioxcide, Inc. 40 Whitecap Drive North Kingstown, RI 02852 Tel 401-295-8800 Fax: 401-295-7208 www.chlorinedioxide.chemours.com One (1) ADOXTM MGII 3/4" Manual Chlorine Dioxide Generator ■■I. 11 $41,143.00 USD Optional: Add Flow Pacing - $21,617 additional ($62,760 total) --- FOB North Kingstown, RI --- --- Price includes installation and initial training --- --- Estimated lead time of 6 — 8 weeks upon receipt of Purchase Order --- --- Chemours Standard Terms & Conditions Apply (Attached) --- --- Drawings and complete operations manual will be provided for the approved final design --- We appreciate the opportunity to submit this proposal and value the continued relationship between International Dioxcide and San Patricio Municipal Water District. Respectfully submitted, Patrick Osborn Office: 302-773-2600 Cell: 203-521-5047 Patrick.C.Osborn@chemours.com Clay Kuykendall Office: 409-753-3124 Cell: 401-578-3692 CLAY.KUYKENDALL@chemours.com Page 2 of 7 Chernours. International Dioxcide, Inc. 40 Whitecap Drive North Kingstown, RI 02852 Tel 401-295-8800 Fax: 401-295-7208 www.chlorinedioxide.chemours.com International Dioxcide, Inc. 1 -Year Limited Warranty The One Year Limited Warranty applies to products manufactured and/or supplied by International Dioxcide, Inc. (IDI). This limited warranty is given only to the first retail purchaser of such products and is not transferable to any subsequent owners or purchasers of such products. IDI warrants that IDI or IDI authorized dealers will repair or replace, at IDI's option, any part of such products proven to be defective in materials or workmanship within one (1) year from date of start-up (first day of commissioning) or eighteen (18) months from date of the initial IDI invoice, whichever occurs first. Equipment must be maintained per Operation and Maintenance manual and IDI recommendations. ANY REPAIR OR REPLACEMENT WILL BE WARRANTED ONLY FOR THE BALANCE OF THE ORIGINAL ONE (1) YEAR WARRANTY PERIOD. USE OF NON - AUTHORIZED REPLACEMENT AND/OR MAINTENANCE PARTS WILL AUTOMATICALLY VOID THIS WARRANTY. ANY REPLACED PARTS MUST BE RETURNED TO IDI FOR WARRANTY EVALUATION. This Warranty specifically excludes any components not manufactured by IDI that are external to the equipment supplied by IDI, such as; related pumps, utilities, electrical or plumbing components, sensors, controllers, monitors, tanks, or, related components. THIS LIMITED WARRANTY DOES NOT INCLUDE ANY OF THE FOLLOWING: (a) Labor charges for troubleshooting, removal, or installation of such parts; (b) Repair or replacement of such parts necessitated by faulty installation, or improper maintenance, improper operation, misuse, abuse, negligence, accident, fire, flood, repair materials, and/or unauthorized accessories; (c) Claims originating from equipment installed without regard to required local codes and accepted trade practices; (d) Freight charges for delivery of parts. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER MAKES NO EXPRESS OR IMPLIED WARRANTY (INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM ANY COURSE OF DEALING OR TRADE USAGE) REGARDING THE PRODUCT. IDI SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOSS OF USE OF SUCH PRODUCTS, LOST PROFITS, DIRECT DAMAGES, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, FINES, JUDGEMENTS AND/OR INCIDENTAL DAMAGES. This Warranty gives you specific legal rights. You may have other rights, which vary from State to State. Extended Warranties and Service Agreements are available. Contact IDI for details. Page 3 of 7 Chemours. TO OBTAIN WARRANTY SERVICE CONTACT: International Dioxcide, Inc. Customer Service Number: (800) 295-3650 Fax Number: (401) 295-7108 PROVIDE: 1. Project, contact name, mailing address and telephone. 2. Installer/Mechanical Contractor. 3. Serial # and date of purchase. 4. The date of failure. 5. A description of the failure. Chemours Terms and Conditions International Dioxcide, Inc. 40 Whitecap Drive North Kingstown, RI 02852 Tel 401-295-8800 Fax: 401-295-7208 www.chlorinedioxide.chemours.com 1. Seller warrants only that (a) any products or services provided hereunder meet Seller's standard specifications for the same or such other specifications as may have been expressly agreed to herein; (b) the sale of any products or services provided hereunder will not infringe the claims of any validly issued United States patent covering such product or service itself, but does not warrant against infringement by reason of (i) the use of any information provided, (ii) the use of any product or service in combination with other products, services, or information or in the operation of any process, or (iii) the compliance by Seller with any specifications provided to Seller by Buyer; and (c) all products provided hereunder were produced' in compliance with the requirements of the Fair Labor standards Act of 1938, as amended. WITH RESPECT TO ANY PRODUCTS, SERVICES, OR INFORMATION PROVIDED TO BUYER, SELLER MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER EXPRESS OR IMPLIED WARRANTY. Buyer assumes all risk and liability resulting from use of the products, services, or information delivered hereunder, whether used singly or in combination with other products, services, or information. 2. IN NO EVENT WILL SELLER'S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED TO THE BREACH OF THIS AGREEMENT, NONDELIVERY, OR THE PROVISION OF ANY PRODUCT, SERVICE, OR INFORMATION COVERED BY THIS AGREEMENT, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO SELLER FOR THE PRODUCTS, SERVICES, OR INFORMATION IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NONDELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS, SERVICES, OR INFORMATION. PRODUCTS SHALL NOT BE RETURNED TO SELLER WITHOUT SELLER'S PRIOR WRITTEN PERMISSION. NO CHARGE OR EXPENSE INCIDENT TO ANY CLAIMS WILL BE Page 4 of 7 Chernours. International Dioxcide, Inc. 40 Whitecap Drive North Kingstown, RI 02852 Tel 401-295-8800 Fax: 401-295-7208 www.chlorinedioxide.chemours.com ALLOWED UNLESS APPROVED BY AN AUTHORIZED REPRESENTATIVE OF SELLER. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO WAIVES ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROVISION OF ANY PRODUCT, SERVICE, OR INFORMATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES WAIVE AND AGREE NOT TO ASSERT NON -CONTRACTUAL CLAIMS ARISING UNDER STATE LAW RELATING TO THIS AGREEMENT OR THE PROVISION OF ANY PRODUCT, SERVICE, OR INFORMATION COVERED BY THIS AGREEMENT, AND THIS AGREEMENT SHALL BE DEEMED TO INCLUDE SUCH LANGUAGE AS MAY BE REQUIRED TO EFFECT SUCH WAIVER. WAIVER BY EITHER PARTY OF ANY DEFAULT BY THE OTHER HEREUNDER SHALL NOT BE DEEMED A WAIVER BY SUCH PARTY OF ANY DEFAULT BY THE OTHER WHICH MAY THEREAFTER OCCUR. 3. No liability shall result from delay in performance or nonperformance, directly or indirectly caused by circumstances beyond the control of the party affected, including, but not limited to, act of God, fire, explosion, flood, war, act of or authorized by any Government, accident, labor trouble or shortage, pandemic, inability to obtain material, equipment or transportation, failure to obtain or hardship in obtaining reasonably priced supplies of materials, or failure of usual transportation mode. Quantities so affected may be eliminated from the agreement without liability, but the agreement shall remain otherwise unaffected. Seller shall have no obligation to purchase supplies of the product specified herein to enable it to perform this Agreement. 4. If for any reason including but not limited to Force Majeure Seller is unable to supply the total demand for products specified herein, Seller may distribute its available supply among any or all purchasers, as well as departments and divisions of Seller, on such basis as it may deem fair and practical, without liability for any failure of performance which may result therefrom. 5. Seller may furnish such technical assistance and information as it has available with respect to the use of the products or services covered by this agreement. Unless otherwise agreed in writing, all such information will be provided gratis. Buyer agrees to evaluate such information, to make an independent decision regarding the suitability of such information, products and services for Buyer's application, and only use such products, services and information pursuant to then current good product stewardship principles and all regulatory requirements applicable to Buyer's business. 6. Buyer acknowledges that it has received and is familiar with Seller's labeling and literature concerning the products and its properties. Buyer will forward such information to its employees, contractors and customers who may distribute, handle, process, sell or use such products, and advise such parties to familiarize themselves with such information. Buyer agrees that products sold hereunder will not knowingly be resold or given in sample form to persons using or proposing to use the products for purposes contrary to recommendations given by Seller or prohibited by law, but will be sold or given as samples only to persons who can handle, use and dispose of the products safely. Unless agreed to by Seller in a written agreement covering such use, in no event Page 5 of 7 Chernours. International Dioxcide, Inc. 40 Whitecap Drive North Kingstown, RI 02852 Tel 401-295-8800 Fax: 401-295-7208 www.chlorinedioxide.chemours.com shall Buyer use products or resell products for use in the manufacture of any implanted medical device. Buyer agrees that export of any product, service or information provided hereunder shall be in accordance with applicable Export Administration Regulations. 7. Except as may be contained in a separate trademark license, the sale of product (even if accompanied by documents using a trademark or trade name of Seller) does not convey a license, express or implied, to use any trademark or trade name of Seller, and Buyer shall not use any trademark or trade name of Seller in the conduct of its business without Seller's prior written consent. 8. The Buyer shall reimburse the Seller for all taxes, (excluding income taxes) excises or other charges which the Seller may be required to pay to any Government (National, State or Local) upon the sale, production or transportation of the products, services, or information sold hereunder. 9. In the event Buyer fails to fulfill Seller's terms of payment, or in case Seller shall have any doubt any time as to Buyer's financial responsibility, Seller may decline to make further deliveries except upon receipt of cash or satisfactory security. 10. This agreement is not assignable or transferable by Buyer, in whole or in part, except with the prior written consent of Seller. Seller reserves the right to sell, assign, or otherwise transfer its right to receive payment under this agreement. 11. Dispute Resolution and Arbitration - Buyer and Seller agree to arbitrate all disputes, claims or controversies whether based on contract, tort, statute, or any other legal or equitable theory, arising out of or relating to (a) this Agreement or the relationship which results from this Agreement, (b) the breach, termination or validity of this Agreement, (c) the purchase or supply of any product, service, or information provided by Seller, (d) events leading up to the formation of Buyer's and Seller's relationship, and (e) any issue related to the creation of this Agreement or its scope, including the scope and validity of this paragraph. The parties shall before and as a condition to proceeding to arbitration attempt in good faith to resolve any such claim or controversy by mediation under the International Institute for Conflict Prevention & Resolution ("CPR") Mediation Procedure then currently in effect. Unless the parties agree otherwise, the mediator will be selected from the CPR Panels of Distinguished Neutrals. Any such claim or controversy which remains unresolved 60 days after the appointment of a mediator or 60 days after good faith efforts by either party to proceed to mediation shall be finally resolved by binding arbitration in accordance with the CPR Rules for Non -Administered Arbitration then currently in effect by three independent and impartial arbitrators, none of whom shall be appointed by either party. This Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, to the exclusion of any state laws inconsistent therewith. Such arbitration shall be conducted in a city to be chosen by the arbitrators which is not the principal place of business of either party, and the arbitrators and the parties shall conduct such arbitration in accordance with such procedures as may be necessary to permit use of the then current CPR Arbitration Appeal Procedure. Any judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. In the event that either party wishes to appeal an award, the parties shall follow Page 6 of 7 Chernours. International Dioxcide, Inc. 40 Whitecap Drive North Kingstown, RI 02852 Tel 401-295-8800 Fax: 401-295-7208 www.chlorinedioxide.chemours.com the then current CPR Arbitration Appeal Procedure. Buyer and Seller agree not to file or join any class action or class arbitration, seek or consent to class relief, or seek or consent to the consolidation or joinder of its claims with those of any third party. If any clause within this Arbitration Provision (other than the agreement regarding the conduct of the arbitration in the preceding sentence) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of the Arbitration Provision will be given full force and effect. If such agreement regarding the conduct of the arbitration is found to be illegal or unenforceable and if the arbitrators permit a class arbitration or consolidated or joined matter to proceed, this entire Arbitration Provision will be unenforceable, and the dispute may be decided by a court. The obligations set forth in this paragraph shall survive the termination or expiration of this Agreement. 12. This Agreement shall be construed and governed by Delaware law, without regard to any applicable conflicts of law provisions, and the terms of the UCC, rather than the United Nations Convention on Contracts for the International Sale of Goods, shall apply. 13. Except as otherwise expressly provided in any other term or condition of this Agreement, title, liability for and risk of loss to Product sold hereunder passes to Buyer upon loading for shipment at Seller's producing location. 14. Except as expressly provided in any other term or condition of this Agreement, any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. 15. This Agreement supersedes all prior agreements, representations and understandings between the parties (whether written or oral) with respect to its subject matter and constitutes (along with the exhibits and schedules attached hereto) a complete and exclusive statement of the terms of the agreement between the parties with respect to the provision of products or services hereunder. Not by way of limitation of the unqualified nature of the foregoing, Buyer acknowledges, agrees and represents that it is not relying upon, and it has not been induced by, any representation, warranty, statement made by, or other information provided by Seller in connection with its decision to purchase or use any product, service, information or technology, other than the representations and warranties made by Seller as and only to the extent expressly provided in this Agreement. No modification of this Agreement shall be binding upon Seller unless separately contracted in writing and executed by a duly authorized representative of Seller. No modification shall be effected by the acknowledgment or acceptance of purchase order forms stipulating different conditions. Ver. 5/11/07 Page 7 of 7 PROJECT LOCATION O.N. STEVENS WATER TREATMENT PLANT 13101 LEOPARD ST CORPUS CHRISTI TEXAS, 78410 NUECES BAY CALL BEFORE YOU DIG! -119 811 THE LOW STAR ' AIDERGAE. COWS.' AS T-800-569-8344 NUECES COUNTY LOCATION MAP OUP. 50.0 CORPUS CHRISTI BAY SHEET INDEX SHEET No. DESCRIPTION COVER SHEET 2 GENERAL NOTES AND ESTIMATED DUMMIES 3 EXISTING SITE PLAN 4 PROPOSED SITE PLAN S PROPOSED 4 IN, WATERLINE 6 PROPOSED RAW WATER JUNCTION BOX PLAN AND DETAILS SODIUM CHLORITE DEMO PLAN AND STRUCTURAL IMPROVEMENTS 6 PROCESS IMPROVEMENTS AND PROPOSED CHLORINE DIOXIDE BUILDING B PROPOSED CHLORINE DIOXIDE GENERATOR SYSTEM SKID I OF 2 10 PROPOSED CHLORINE 0101000 GENERATOR SYSTEM SKID 2 DE 2 TI CHUDRINE DIOXIDE GENERATOR SYMBOLS D LEGENDS 12 OVERALL CHLORINE DIOXIDE SYSTEM PAID 13 CHLORINE DIOXIDE GENERATOR PDID 14 CHLORINE DIOXIDE SYSTEM INSTALLATION DETAIL 15 MISCELLANEOUS DETAILS 16 ABBREVIATION AND SYMBOLS TA ELECTRICAL PLAN LAYOUT IR ELECTRICAL SCHEMATICS A CABLE SCHEDULE PREPARED FOR: CITY OF CORPUS CHRISTI WATER SYSTEM ASSESSMENT AND OPTIMIZATION O.N.STEVENS WTP CHLORINE DIOXIDE PREPARED BY: IN ASSOCIATION WITH: Hazen 11 NV , TVLS FIRM NO .28500 TSPE FIRM NO. 0.068 engineers , architects surveyors -3....,- 801 NAVIGATION. SUITE 300 PH. (081)003-.84 TBPE PIRM NO. F-13813 CORPUS CHRISTI, TX 38408 FAX (0.}.3.1988 NAMV LNVINC.CONI itVICINITY MAP SCALE: .3 TO SCALE OS OTT : NC CO fig §Ei gig E; = HT, 8 WV 1 a 18 HMO 04 OM XL P/TR —46 1 CTII MUT • EIS332 N F n,. E.mm, um,na 44422E � p TREATMENT PLANT M� l" • „ti„,.,..., __ _ ,„_,,,,_ ,,,r____ ... „f,k,„,.. . Ito\ Atom , PROJECT LOCATION MAP N . Iia CITY OF CORPUS CHRISTI TEXAS _ UTILITIES r,..� DEPARTMENT Department of Engineering Services GENERAL CONSTRUCTION NOTES 1. EXIST. ununEs WOWN ON ME DRAWINGS ARE FOR INEostEsnows PURPOWS OWL ME 13. CONMKTOR SH/LL EST ME PROWT SWS ro MOROUOHLY EXMJHE ME LOC. COMMONS DI DWI. coNsrsucnoN MEMODS. SU9ORADE PREP/AMMO ME DEVELOPMENT OF ANY SOFT AREAS WW1 BE SO. ARO CONPWE M.P.... TO LC.. ILL uscoNasouso Limn.. AND 91•RucTuREs CONMKTOR SH/LL PMFORM ME WESS. RESEAL. ro ENSURE HE IS MAW OF ALL AREA S., BE LIMN. AS .H.1 ARM THAT EMIBITS A CfPRI.SON GIRMTER MAN 1. NESSURECI AWUROCT MO COMPLETENESS OF SUCH INEosusnoN ts Nor WARANTEM. IT IS RE r mrcroRs ALEN w0 .r z ixTnaJss OR Msss e.. M...wO DUMPMO( M.,Low. WIm uxEsmxE. ExNnso FALLWIES TO SE PROTECT. AND SPECEL PROJECT REO.ENENIS. ANO THAT HE ANS y vs. INHEMOTELT NOWT ENGINE. Cf OM CONTDCTS. meNnsEo ME REWIRED reverts MO FEES AND XIS a mmoucx UNDERSTAND. OF PRE DAMAGE WL EC REPAIRED ro PRE ir's E °""A` PflO ECT 11. FLOW. BASE SIOLL EC TYRE A WADE I CRUSHED a sRnsR.rnox, WIm x0 eminaxr. r>.xexr m me mxmxrox STRUCTURE, PULING NE ME 113 REWel X REPLACE ImCimMic �[a ai PM rascfarN. c5°eu°iMENT MGCH xminm PROCTOR WSW ns SPECIFICATION ITEM 347 (M °ism OR w.v�m OTT ssEoscAnoss. nm) xw.1N LW °P °rmux x°muRE C.TENT BASE S., BE C.IPACTED M NOT LESS 1MN ' xTt. swEOx MAW. UNKNOWN ...NES OR WRIT ALE ENcamTEan xmnN PRE NE COASE OF cossrNucnos. IN THE Weir °iRRcrcN"0°`R NOTIFY me v«oxEm iMEmxTE... mese LINES Mx.INCREASE IN ME C.TRACT PRICE SUCH REPAIRS SH/LL BE .DE ro ME SATISFACTION E WAS.. PPUED sr A ARO ATE ME Avum .r . RAE or O m ro O n GALLON r OF 0.15 CALLON PER SOU/RE TARO. rscE COAT S.J. ..WOO GE LOW EMHC WM. u . FO1°' me REWIRE..or me cmP.x. OR .Dent. CRM<,E SHALL WET THE M.O. n OR NW STAB.. sEEoncAnm OEA Ow ASO ExesysnaNs um srArE OF roes HE/LIN um WOWMU.yoc ECOWS R.Po`�MMEP.. . MEw T. "" RE ....E mORs Mn HE.' R rTwEOmr MUST BE mwPMCMm Mums: PRE TmPEEunNE aF PRE sAE,r, awl -ER nR MiseE,,.NEous xxEAWIWs emoWIoxs. s,OmJPTER a ramex SAW, OF FIPELHES, STORM SEWER, '°°'PM.,EHN SANITARY u+. I u R. MmE mm SSS FEET. TMS nExm SMA. SE DI ,E.,U,ess. .sPRxT °R mxwEa RJwExEmr is ro ff aMr, mEEE can «•„ eE TEnneJ..wO wnE mEEwENa. IN .WINCE OF oselsrms ro ...UDE WA GE ro SAME _ _ _igiEr a''''' n ro PRE 5. ME CONDUCTOR WW1 ME PRECPUDONS TO F.TECT Exisnrc num FROM MAME. 0Trsrm, WI v IR ff. Evof f nuf ...SW. FAMLMES sof s+0‘,.. os TNE ORA N. WE W. coNniscros SHALL PROPERLY DISHFECT AM PIPING STRUCTURE. AM OR EOUIPMENr MAT COMM x Cmrscr AGA PoreaE O PRESSURE,zr OOxE BY PRE caxm nm UNC. ME suPERxsON R. ALL MPH SHA. RE PmmRxm 13.1NO DATUM} HOBOS.Nmxom..r NO lat.hE N 0E ee...CT PPoCE. x®un ro crosMAMer PRE WORN E A. ANTERuNE ANO PERFOIMAINC . Rue 'x mmn R. asenuNE WINDS .WOE 910!0 ON THE usnru0E NOTES un R Jx x Mon ix WI nvxn MECENo CAROLS B. ME CONTRACTOR SHALL COMMA. WITH CITY WATER DEPARTMENT PERSONNEL M SCHEDULE AND OF THE Crty WRAY INMAN. REPIWENten. INWER FOR muso x x u. N MEW. PRE nn esnn nc 000000000N - s m PAm ro nAixc .N. EOuiPMmr OUT co 31.AT 0. RIPE m DAurm me rO caxsmuc00 ram, ro E 0 m M 00 Mm PI00/0 rn s EAIN remo°Pn 0 No 0000 HALL CONSTRUCTION INSTALLATION.roMEQCCOONDi 00 S./ 9. xx x x WOR xu u ix IN PROPOSAL cosmos. RECOMMEALIATIONS. /LL Mss PRO M.soR FOR Tars WORK S. RE CONSMEaIMT n SUSSro rw 10. RISPC.L OF OF. HOMY cxaRNureo IN. SH/LL RE IN ACCORDANCE WITH EPA MCI Tem MME EJ THE PROPOS. coxsmurnox .T PRE mxT Au. s EI.SART 'n 1° .aPmPRMTE Rio mvs. 11. A. 000 NWT RE COOK COIYD / LABELED 00000000 1011000). E THE PRO BE RESPm900 FOR E CONK TO x s0 000 00 n WIm u eA,m0..xOE 'i2saa ®wnscsxx°a ri s°arrs P s're op mn°xs. crosmucTax. noon ENGINEER EER °r .°1swErexIES. m ins JCC u x sss °m�scs'm RISK ENT REQUIREMENTSPEWIT. utionu.TRslu.TOR WTERIALS i9.1 oExN ECRx[m mm Ns �mcSPO OFwwww. o Norpo.o. roD Tom.. Ary LJAT.ALs L43. Bro. F. T.D.., . DOCUMENT PROPER aSPOUL 0/ Pm PROJECT. SECURITY ANDS N NEEC... TONNE mKOT WCBS To ME s" • a o_ S c ro s o _ i U O i a y u 1.1 y 3 a i F i a d GENERAL NOTES AND ESTIMATED QUANTITIES POET 2 of 18 re MG vO WTR-461 mPROJECT. Er6]]2 EN, BARRIER WALL [MASI AIR UNE EAST EIRE HYDRA, DIST WP1ER AIETER *11 L Le MEAVIRMUTILOG E E EXISTING SITE PLAN ".",„t r-=-7 (41n :LT; 1 00 111 00 EXISTING SITE PLAN SHEET 3 of 18 W MG W WTR-461 WY PROJECT E-16332 Qo TIE IN LOCATION 10, noaca ram MO PROPOSED ME P1•3113 'CR 111411.3nE ix �aanNSIAUKENIAal 211 PROPOSED SITE PLAN (x1u 5n: 52CR i (nu sn: 51¢isl SEE SHEET 5 EEMETS PROPOSED SITE PLAN SHEET 4 of 18 WTR-461 Cin PROJECT x E16]]2 DiEVENTEP SEE OTE ,E1 vim rr- kl ki :AUX' FIX RACX TO EXTERIOR MrE ESE OFIIT RFC ilogg 0 0 1I EXIST SAT WATERLINE SEE %IEEE r 21 PROPOSED 4" WATERLINE ROUTE sV"E xa srzE xEn) (Nu 5rzE 5xFE15) NOM KIRTUFACTURITIT MO MN REGULATOR. PREVENTION 1/ WILMMS 2. sEms, uuLcnxq IM III c, FERTILIZING. PLANTING ROT ve TORS. UST OF APPROVED GOWAN. PALL BE PROPOSED 4 IN. WATERLINE SHEET 5 of 18 WTR-461 Cin PROJECT. E16]]2 :4!00,000.00,00,000,50.00.000.00000, 1 PROPOSED RAW WATER JUNCTION BOX CONNECTION PLAN 1wu sizE SIf TE i (Nu SIZE SIf TS) PROPOSED RAW WATER JUNCTION BOX PLAN gcayz s n c -s MEL ]sic EEE11 imismiewr girk SECTION A -A pwi si E - ffusiic sxcErrssll wFe IS SUMMED OP LOG osre27.amE muw. 001 !NEMER� FLUSH MOUNT PIPE SUPPORT DETAIL SHEET 6 of 18 WTR-461 11v30/EC1x E16]]2 DER101.111011 Nom RPM, NYLVES. H£ REMOVE DISPOSE OF XL a MHOS, PPE Su mx NI rCOWRIE PPM SHALL ALSO EC � E'Tritirt01,11,POIENTIALLS DM NOS TO BEHAN. SODIUM CHLORITE - DEMO PLAN -6 (MeV SIZE SHEETS) TO BE REXChE0 a DRAIN LINE (1w 4 N SODIUM CHLORITE- STRUCTURAL IMPROVEMENTS (FULL 9a VEER) ODES '1==========:"=, SHEET 7 of 18 WTR-461 Cin PROJECT. E16]]2 rxx Psn ` s LLP 4\\ 0 PPORT AI i _ij__ (1w 4 N SODIUM CHLORITE- STRUCTURAL IMPROVEMENTS (FULL 9a VEER) ODES '1==========:"=, SHEET 7 of 18 WTR-461 Cin PROJECT. 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Ai :iwnwR_.0 fes rl--- V I I I I — -F,--,,, V --_ — I I d Da IT °"(ma .e wcRRaK) so - o 0 �w2 v y u F mi ad 3 PROCESS IMPROVEMENTS AND PROPOSED CHLORINE DIOXIDE BUILDING NANCE " REcomasiwooris wPei wRKR,RER 6 SODIUM CHLORITE -PROCESS IMPROVEMENTS -smarm DETAILA a 7 PROPOSED CHLORINE DIOXIDE BUILDING IMPROVEMENTS '.\ O sruE i•-i• n sae sums) (Mu. 92E SHEETS) Y ,.\ O: I•-a• (wu SIZE sums) w : I•-1• frau SIZE Sams) Y - .um niiii mamw.m.m vrRrEe sH •EFORE CORSTRuCTOri TO W., TO REEF RESIRE"E HTS IR xmRawm 9111w"urxvuars sREI. CONTROL PFNEL WSJ. HOME CHENIRL CONTENTS OU S�� . ME mow. mcuunirs MR REFamcE sPEcnanrns .nE Irruum O. am wnvinum RMVIH°9 sn°m w SHEETS R e M. SHEET 8 of 18 WTR-461 ITV PROJECT . SIMS as - 9 IEl7 2 I id W PARTS LIST R R1pTIDry atv ppops m.- R R1P7rOry °i.;.. 02-BPO8U3W MEW 1/2. Valve POM - - 0SC k3/9P we POM e ev 3/9• we - s2 ktPVC 1/9wc " Ni 02-1.161.109 Plastonwac MEW l'' PVC 03,51600 Tee Skt 18 ° 10 6< zRvara as 1 . PVC C 873/9. we °� 1 02-EPOOU29 Valve EBV POIS Actuator Bat 99, s° z auns3oo s� union kTz we 02.0.00 02MC32900 ekCbabaup Valve Or PV Valve Chk 2. mTr: 15, 16 9 0.1.08519 02-1G16519 Valve Diaph o19 Valve 19 GF ie'R a Reg Pr.s ea-evePvalvIOreau SI O� iors,12 F n�0® 03-CAS1200 solenoidryM71rr 29v°c Cap `u"v` � €s 29 03-CP63200 03.EBT09-00 Cross SON 2. PVC Elbow 90 1/9P Bra. IPIIIGCI il I CITY OF CORPUS CHRISTI TEXAS _ UTILITIES r,..� DEPARTMENT Department of Engineering Services 25, 26 0.ELSOB. 8 I C 03-3051600 PVC Elbow 95 S. z°, PVC SECTION 1,-E1`q� C 31, 32 2 03-FAA0800 03+1.0800 s✓r Coupling Uz • we Mange W.I.. PVC PG o� / � 5 03.P.09011 Plug w ma 119- PVCYa 37 1 03.171200 a 1R7° "" PVC Plug TSE 3/9. 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SPECIFIC EQUIPMENT SYMBOLS TRANSFER PUMP SEBEr GENERAL INSTRUMENTATION SYMBOLS OFIELD MOUNTED 8 PANEL MOUNTED REAP e) PANEL MOUNTED FRONT /R\ OPERATOR WORKSTATION DISPLAY JUNCTION BO% VARIABLE FREQUENCY DRIVE LINE SYMBOLS AND LEGEND MAIN PROCESS LINE ELECTRICAL SIGNAL SOFTWARE INTERNAL LINK O O DWG l COPPER DATA CABLE FIBER OP(fIC CABLE TIE-IN CONTINUED ELSEWHERE ON SAME SHEET TIE-IN CONTINUED ON ANOTHER DRAWING DISCRETE ELECTRICAL SIGNALS 2.NRAELT,E DIGITAL ANALOG ELECTRICAL SIGNALS ANALOG DIGITAL SIGNALS HAND SWITCH AND LIGHT SYMBOLS AND LEGEND LEGEND nM LUE ES EMERCEN. ADP ELT FAULT FOR FDRWARDAAARSE LECTOR SRA AA EEE LEGEND Q.)C CLOSE IASH BUTTON 4111, OMENTA R o,E En„ RGM ERNER PDTITBEEE LLB °EMmI O"'ND��T�ND DON. PEN/CLOW DTE OA ON onEMT ONmO ONREADA ONE( 00 /OF STROBE LIGHTOSC PE LnOPLaoSE EEV =SE SD SHINE-DONN SEL SELECT :AZT. LDR ,STAFREMUTI I/O SYMBOLS AND TAG NUMBERS (NOTE z) INPUT (DISCRETE) P LIN NT QUALIFIER — INSTRUMENT NUMBER OUTPUT (DISCRETE) tun0N ▪ INPUT (ANALOG) 2OOUTPUT (ANAL G) LETTERS TABLE) INSTRUMENT TAG NUMBERS (NOTE 1) PIT 201 AThr-IFISTRUMENT QUALIFIER Ills INSTRUMENT NPE NOTES 1. T TAG NUMBERS REFER PUUPUz FO▪ R COMPLETE INPUT/OUTPUT REFER TO SPEC 1728. PANEL TAG NUMBERS U 1_ EQUIPMENT TAG NUMBER PER PANEL ABBREVIATION LAS LOCAL ALARM STATION LCS LOCAL CONTROL STA,ON LCP LOCAL CONTROL PANEL IDENTIFICATION LETTERS FIRST ATER SUCCEEDING LETTERS READOUT/ EIArP a�a��uE ANALYSIS ALARM 115E HOICE USERS CROICE 115E HOICE CONIALOATA CONTROL CLOSE rR'TYA DEVIANON vcirrAcE OF) FLOVC FLOW RA. RATIO USERS CNOICE HANS MOH EVAPENT INDICATE POWER SCAN TIME SCHEDULE CONTROL STATION LEAL LiCHEE LOVE MOMENLARY TORA USER, CH CE USERS CHOICE USERS CHOICE USERS OHOCE OPEN PRESSURE OUANNTA MARANON RECORD RUN SALTA SWTCH TEMPERATURE TRANSACT MULTIVARIABLE MULTIFUNCTION MULTIFUNCTION MEN% FORCE YELL PROBE UNCLASSIFIED MAVIS UNCLASSIFIED UNCLASSIFIED LE AUNLIARA DEVICES SRN.. AQUATOR. SUPPLY CODE IDENTIFICATION EpoO®INSTRUMENTS. SD SYSTEM GENERAL ABBREVIATIONS & SYMBOLS 0 DIAMETER NPT NATIONAL PIPE THREAD ACK ACANOWLEDGE OWS OPERATOR WORKSTATION BV BALL VALVE P ID PROCESS AND INSTRUMENTATION DIAGRAM CLO2 CHLORINE DIOXIDE PLC PROGRAMMABLE LOGIC CONTROLLER CMS COMBINATION MOTOR STARTER PMCS PROCESS MONITORING CONTROL SYSTEM CNDT CONDUIT PNL PANEL CONC CONCRETE POWER SUPPLY CV CHECK VALVE STAINLESS STEEL DUCTBANA TEMP TEMPORARY I% GDRAWING IIIPUT/OUTPUT UPS UNINTERRUPTED POWER SUPPLY JUNCTION BC, VALVE LAN LOCAL AREA RR VFD VARIABLE FREQUENCY DRIVE NORMALLY OPEN NC NORMALLY CLOSE SHEET 11 of 18 WTR-461 Cin PROJECT. E16]]2 OWS/HMI (NOTE 6) LCP-1 (NoER. 7, r, PROCESS ''UH?OTE DLL INE SCONH room E EEENE Au"" A's OCA AHALEE \R01151 FUME RRMROL a X,XPa R) rAM Erg RUN ES OP rirs ics E DIE ZZ RE SPEED LEE EMI FIE (Ivo or 2) NOTE 6) BBBBB yp ss yp g a (ZV4iF0LPXE rSP 0 9 J SODIUM CHLORITE 1 (NOTE e) DAY TANK ,NO (NO E SODIUM CHLORITE ifTg E'ST3> TOOERERA,C74 SirvI E s)SHH PRIMER SD TO oERERA,�s I) CHLORINE CAS SENSOR (AP GABS OR APPRDSED EWUAL) AND TRANSMITTER Lam, D (NIDE CHLORINE DIOXIDE BUILDING 6) EOR LML SENSOR (SHEENS EEHI,AP gree ore APPROVED EON,, REWIREMEN,S. REFERENCE SECTION AND01-2.45 2) UPS SHALL RE PPOSPECIFICATION REFERENCE NDEDINIDE PLC PANEL UPS RE00IRDPENTS SHALE BE AS PER SPECIDICATION SECTION 4061)02-2.PI F. s) ECR REFERENCE SPECIFICATION SECTICH REOUIREISENIS 154,00. - n MANUFACTURER TO PRONDE SPECIAL, DLL LINE CONNECTION TO PREVENT DILL AT, NEN-COMPA,IRLE CHEMIC,y 10) MULTIPLE SIONALS FOR SPEED FEEDBACK, RUN. Nwo, LEAK AND HIGH PRESSURE STATUS. SPEED. 1) MANUFACTURER TO FRONDS REVERSE DL g MULTIPLE SIGNALS FOR STARTTOP. SPEED AND ESTOP COMMANDS RUN, STOP SPEED AND FAULT STATUS n, PCOMPONENTS 6) DOR HH,PLC REOIREMw,s REEERwa SPECIFICATION SEE,ION 422202-2 04 ,z) re109001-2 52 AND 2 , RESRECEVELV Fop HORN AND STROBE RENPREMENTS T) nor PANEL ENCLOSURE REDDREMENTS. BREAKERSFURNISHED WITH INDIVIDUAL CIRCUIT DOR 120VAC POWER SUPPLY AS REWIRED PER CABLE „) P -CCs SUNSHADECONDUIT SCHEDUI ON ME, IS 1, SINSHADE END! RE PREMED ERR ESTI X, I RCA, RIIIPEXIRS TR PROUST DEM UV DOHA, OVERALL CHLORINE DIOXIDE SYSTEM P&ID SNEET12 of 18 GT MG W WTR-461 O(n PROAEODx E16]]2 VAC.IA REGULATOR OWS/HMI DOROROE O MOTE z) Oriio snv...,p a Lel TH'INI (FAM ENSEMOTE CHLORINE ren , Els ma Ex NE LIGE NE NE v'' LCP-1 EIN MOLE 2. n g ®lO.o'cI .„, N II g. PROCESS 0MM C � ��[R ®w1Ee)OM0CC E CITY OF CORPUS CHRISTI TEXAS _ UTILITIES r,..� DEPARTMENT Department of Engineering Services 11 QUI CHLORIN A, 1— GN �GGaTOA . =" ® .. MoF52)) ill CPS 1.9,[1.1 BLOC • >1 CG -301 CIOE GENERATOR W (NOTE it 0 FM -I gI. CL S wO !q o °p o _ o zz ua 0 �wz z2° L, 3 oQi 'sff W UVZ i In z a 0 3 CHLORINE DIOXIDE GENERATOR P&ID EEC 12> 4PV1 SODIUM, CHLOR) d Ya p C' -'I TaNGU 3 Doc' REO ,EE mm� nG IN PLANT WATER > mTEE ♦ CG-302 CIOE GENERATOR MOTE 1) HG e /' ° �,[3. NOTES)GENERATOR CONTROLLER PRO,. By CLOP GENERATOR ICHfROGRs CH APPROVED EOUA[1 VENDOR. PIC RERERENTS, REFERENCE SPECIFICATION SECTION 409002-2 21 FOR Cuvom .04. n FOR PANEL ENCLOSURE REONIRERENTS, REFERENCE SPECIFICATION SECTION 40900-x.32. Ha M SHEET 13 18 W MG W WTR-461 41SEE SLEET O FOR FORTNER DETAILS. s COMMUNICATION SIDE BE ERA ETHERNET MOM TCP/IP L J 0 CLOW „RR, IRAGNo„R „, oR APPRwm EoouC REw„„„„ ,„R BE a PER ,,,,,,,„ ,,,,,, 4„,,,,g . C) 4osom 1E 1,E GALE MGRAGAOE IS, OR APPROVED [01AL) RECOiRERENTS SHALL BE AS PER SPECIFICATION SECTION ()y PROJECT p E16332 DIMENSION TO SU, CADOSSEANC IE WALL MOUNTING SUPPORT FOR PANEL OR TRANSMITTER MNSUPEITENI BUILDING EXISTING SCA. SYSTEM OW S/ HMI EXISTING PANEL LCP- CONTROL SYSTEM ARCHITECTURE BLOCK DIAGRAM I. COMMUNICATION SHALL BE NA ETHERNET 120DBUS NET SWITCH SHALL BE AS SVEOnrwTBN DETRASCIPC SENSOR SEuj B ByNSOR FIANCE /+'a 316 SES BOLTS ULTRA SONIC LEVEL MONITORING SYSTEM FOR LIOUID TANK Ns;H TR Ra, ro RANEE CR TRANSOTTER SIT4SST POST BASE as ro wwoe FLOOR TRANSOTTOR FLOOR MOUNTING SUPPORT FOR PANEL OR TRANSMITTER •Illi Imo.. N_III FLOORw. NSO SENSOR INSTALLATION DETAIL OF GAS SENSORS/TRANSMITTERS BSTALEADON NOTES A ALWAYS INSTALL SENSOR WTH SENSING ELEMENT POINTING STRAIGHT DOM IC CONTRACTOR SP., PERM, AND iNSTALE ALE DACRON ROYES, SENSORS AND TRANSMITTERS C. ALL CONDUIT AND WINO FURNISHED AND INSTALLED BY CONTRACTCR EXCEPT CABLES BETWEEN SENSCR AND TRANSMITTER FURNISHED BY SENSOR DER. BST,. EY CONTRACTOR D. REFERENCE SECTION C -C 7T BHZiN 1 A � ,,,01„„L ate".] 32510° [25105/"5 I 1 DETAIL B 9.03 m • SECTION A -A L. - Customer .- ano Lowe, AnuoT600 Bo. Panel ■• a SECTION C -C as �nm 250 SHEET 14 of 18 GT MG W WTR-461 Cin PROJECT x E16]]2 IES CONCRETE PUMP PAO NOTE gANA wow. ,H2 PROPOSED PUMP PAD DETAIL SCALE SP3 FUN a.c.:71.7 rcE BACKFILL DEPTH CIO2 BACKFILL DEPTH H2O .sn. CONC. SLAB OA SECT ON A -A SCALE: INITWO FOWL IMPROVED AREAS (EXISITING OR PROPOSED PAVEMENT SC/LE NTS PPE IT 4. TAD EWEN° PT (1TAD Eos owErtx or nap NNAA mow SELECT EICAVATE0 cowecno“ min TETI, 11.1 90S SCONE° MOMS TAD SEISED AS PER PROJECT PIPE TREACANG. BE001114 MO WOW, NOT TO SCAS BACKFLOW PREVENTER NTS SCALE GENERAL NOTES FOR RAGRRLL PIPE ma... BEDDING AND BACIIALL BESETS PEWITS. NOT TO TALE BLL REDOING ONDE TO 12. u fmn PIPE) UNPAVED AREAS IBBIL2 (GREATER TRAR i] 0200E RPE) PAVE° /WAS ALL OECONG AND INITIAL ..nu. TALL COAST OF GRAIALR MATRA, COASTING OE ODER INTRA 9AND OR LADY GRAVEL OR MATRA, PRODUCE° BY TAISAINO OF INPATAL STOW OR GRAVEL xDEEP .4143 WOVE TABLE. LE. USE SEEING TIE WONG REOUPENENT9 OF ISM 021417 FOE SP GP TV GA SP -S11 OP -011 SA -911 W-011 PASSAC I/T SERE - 10013 PAOSAG000€ PLASTICITY -'013 N1N1.oN (PI) -OP . EMT/MONS (2201 OR BMW WWI RBE USE CRUSWO STONE OR CRUSTS] °PAVEL AMINO ORWATICS THE VAT- IC, OR INITATE0 WSW, Vrgo& STOOl.ass r211 =el' B. TOPSOIVO OE PROBEE0 mjmNSTw aTO `O S SOIL E PERF0111102 BY TOUSLE NNW 11E111013-11314 SCA TGE ® PVEN TOP) STABIUM ONO STAL WET RE IIT w. JO 88-100 P 0 40-100 I10 /zoo 0-w rG E.a11 r roi./=mNgar�"'aPT'�a. TYPICAL BACKFILL DETAILS SCALE .rs MISCELLANEOUS DETAILS SHEET• 1 S of 18 CC WTR-461 Cin PNOAEO N ET6]]2 ELEMENTARY CONTROL SCHEMATICS „POSS. SELECTOR SWITCH, BEE'HH2 LF°0=FFA:FE=R4 OOT :1ALT, SWITCHES PLI"TBITZIXEST.C. TENT DENOTES LACE., PLAT B 2FDINOHT'BiTIFBEENPFAABF" . "TNEHUNNO"ETTZENd lAn4E "3LCBATHERMAL 0A„LOA„ELAS TEMPERATURE TH=10"HEAS4 PSVM SY04-gIR '"FilFsu'r IJ con-rrea vortre TRANSFORMER Tr.,..g,TzgPrzIgN-1°T;EL" Al= DISCONNECT SNITCH E Loc. couva s.ou WIRING —0 —D EOUIPMENT /DEVICE LOCATION SYMBOLS Loc., ,A,NA,LoNE "B",TA"LTA"C0N1 ROL STATION ABBREVIATIONS ABBREMALONS, GENERAL NOTES: [XCLIZE.MEZAVELlar-rEULL ATICIZYMBZ"Faa TOP OF THE PANEL TO FINISHED FLOOR CR GRADE. 'LEA SA". Z'IH:EiTFB''"F.AFSHIWEFT.A'4.:0El'BBENBEFONB"4.'11 I "AM "I"DrOFS Xr'rYB E„' T"M“'TED THE „„„ BE „E. TE'''BNBA T „ THB „OR„ „ ;,.Tst.n.TED rE'tmc,-ros',44HALETALLEv-L.;,°Nro,=.1=."-"E" -D FL"' 5. Ar,SILAIPIBIZBATV„LHAiSZAILSD,AAtrS SHALL BE SUITABLE FOR THE CHAS, IHrE.BeASTFN.'i'i'ArCFPaIRSIEll'iFONESEalFA:6Y'HeCalE.CAL""rD b'a-',9= FIZI`9,',"coZALLPEZINoFNI,9,7,,.s9"`9"E' '""'" THE '' BBL: FICEBEFZIE4IFFILAENINB"HT CTO'NDICIIMAlln 1"BTB.ABST rBB -TA 11 ALL STRUCTURAL SUPPORTS PR ONCE MA THE [LB T T,E C RICAL CONTRACTOR SHALL MA 5IFHE L'HiE EDABC'Hia°CCPLEPESENCreE' 0 o ABBREVIATION AND SYMBOLS SHEET 16 of 18 WTR-461 CITY PROJECT E-16332 PROPOSED<HLORNE DIOXIDE BUILDING 6111114284 SODIUM CHLORITE AREA HH - 111 l l— EXISTING POWER PANEL PP -85 POWER PLAN LAYOUT SCALE. fNu SIZE SHEDS) EXISTING POWER PANEL"GXL" 120/208V 3PH, 60Hz..VIRE NOTES: B. FURNISH AND INSTALL FOUR pl., sa, I.BOV BOO acurr BREAKERS IN OLISTING DISTRIBUTION PANEL "POOH. 9. FURNISH AND INSTALL FOUR KO 2LA. IP 120/20BV 60HZ CIRCUIT BREAKERS IN EXISTING DISTRIBUTION PANEL HEX, ELECTRICAL PLAN LAYOUT SH • SHEET 17 off 18 WTR-461 Cin PROJECT. E16]]2 10 11 21 22 23 25 27 28 I I OL 111 il. Il' A E1:2"P IrTE jPa' jjPEPER' '''j'CrELTE TRANSFER PUMPS [...TART CONTROL SCHEMATIC TRANSFER ROW NO 3 NOTES 1 ALL DENCES SHORN ARE LOCATED IN CONSINATICTI STARTER 2 TEAT/STOP slur, FROM TRANSFER NAP CONTROL PANEL S,E ,PE CABLE 0 SIZE CAB. AND CONDU T SCHEDULE TO COMMENTS s-- EX"'ePPFArtR PATSH COMSUITAMPS SHEET W. ELECTRICAL SCHEMATICS & CABLE SCHEDULE SHEET 18 of 18 W MG W WTR-461 WY PROJECT. E-16332 00 30 01 BID FORM REVISED 01/13/2017 Project Name: City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide Project Number: E16332 Owner: City of Corpus Christi Bidder: Part A - GENERAL (REFER TO SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT FOR COMPLETE DETAILED LINE ITEMS) OAR: MOBILIZATION Designer: LNV, Inc. Basis of Bid ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Base Bid Part A - GENERAL (REFER TO SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT FOR COMPLETE DETAILED LINE ITEMS) A-1 MOBILIZATION LS 1 A-2 INSTALLATION OF CHLORINE DIOXIDE SYSTEM AT ONSWTP LS 1 A 3 INSTALLATION OF ELECTRICAL COMPONENTS OF CHLORINE DIOXIDE SYSTEM AT ONSWTP LS 1 SUBTOTAL PART A - GENERAL (Items Al thru A3) Part B - ALLOWANCES (REFER TO SECTION 01 23 10 ALTERNATES AND ALLOWANCES FOR COMPLETE DETAILED LINE ITEM) B-1 (UNANTICIPATED UTILITY REPAIR/RELOCATION ALLOWANCE I LS 1 I $ 30,000.00 $ 30,000.00 SUBTOTAL PART B - ALLOWANCES (Item B1) BID SUMMARY SUBTOTAL PART A - GENERAL (Items Al thru A3) SUBTOTAL PART B - ALLOWANCES (Item B1) TOTAL PROJECT BASE BID (PARTS A THRU B) Contract Times Bidder agrees to reach Final Completion in 45 (days Bid Form City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 003001-1 REVISED 01/13/2017 APPENDIX 2: Chlorine Dioxide Generator Proposal - Chemours REVISED 01/13/2017 This page intentionally left blank REVISED 01/13/2017 August 17, 2016 Rafael Martinez Operations Work Coordinator O.N. Stevens Water Treatment Plant Corpus Christi, Texas 78469 Re: Equipment Agreement: Chlorine Dioxide Program for the City of Corpus Christi; O.N. Stevens Water Treatment Plant Ralph, Thank you for accepting the proposal for the chlorine dioxide program at the O.N. Stevens Water Treatment Plant. Please see the attached agreement for the ADOXTM Chlorine Dioxide generation equipment, ATI gas sensor/monitor, and an annual service agreement. If you have any further questions, please contact me. Regards, Clay Kuykendall International Dioxcide, Inc 401-578-3692 Clay.kuykendall@chemours. com Accepted Date: Accepted Date: Rafael Martinez Thomas Dwyer City of Corpus Christi International Dioxcide, Inc_ REVISED 01/13/2017 EOUIPMENT AND SERVICE AGREEMENT: International Dioxcide, Inc. will be providing two (2) patented, vacuum -based, NSF Standard 61 approved ADOXTM MGII Flow Paced Chlorine Dioxide generators for this disinfection application. International Dioxcide designs, engineers and manufacturers its own generators in- house, which includes inventory of all spare parts. This enables our people to deliver a reliable design that is supported by our whole organization and not impacted by an outside vendor. The C102 reaction is continuously monitored by the on -board, patented pH meter to ensure optimum conversion of sodium chlorite to chlorine dioxide at correct stoichiometric ratios. The advantages provided by this process are numerous, but the primary reason is safety. At no time in the process is chlorine dioxide produced as a gas that has access to air. Neither, can it be trapped in the process where pressure might build up. Liquid phase C102 solution concentration does not exceed 3,000 ppm by safety design, and the generator will automatically shut down, purge, and alarm should this concentration occur. PRICE: Total: $128,733 which is $113,200 for two (2) Generators; one (1) ATI Gas Sensor/Monitor at $3,533; one Twelve Month service agreement = $12,000. See attached descriptions: Generation Equipment includes: Two (2) ADOXTM MG II Auto Flow -Paced Generators Installation supervision, Commissioning, start-up and onsite training included in price One (1) ATI Gas Sensor/Monitor One -Year service agreement FOB Ship Point (North Kingstown, RI) IDI Standard Terms & Conditions Apply (Attached) Manufacturing time approximately 8 weeks from design approval 1 Year Limited Warranty, see attached Terms: Net 30, pending approved credit ADOXTM MGII Chlorine Dioxide Generating Equipment Features: • The generator is the latest product of International Dioxcide, Inc.'s Engineering Development department ensuring consistent conversion efficiencies in excess of 95%. • Patented pH monitoring ensures that the correct stoichiometric ratio of chemicals is maintained and allows for an interface of alarms with existing SCADA systems, ensuring the operator is fully aware of the process status. • Flow pacing for real-time chemical feed adjustment, based on plant flow rates. • Alarms are built into the system that allow for an orderly and safe shutdown so that no un- reacted chemicals are introduced into the water system. • The chlorine dioxide treatment rate can be manually adjusted at the generator to the raw water plant flow rate, removing any need for operator adjustment, if necessary. • Equipment production capacity of up to 2,500 lbs. per day chlorine dioxide and with slight modifications the generator can increase capacity, if needed. REVISED 01/13/2017 ADOXTM 2.0" MG II Auto Flow -Paced Chlorine Dioxide Generator Project Name: O.N. Stevens Water Treatment Plant Project Owner: Bid Date: City of Corpus Christi, Texas August 18, 2016 IDI Contact: Clay Kuykendall; Wayde Clark—NA Sales Manager -C102 Relevant Sections Section Description Specifications: Not Specified Drawings: Not specified Not specified Scope of Supply — Standard GICUCCOlGlalal Two (2) --2.0" ADOXTN MG2 Auto Flow -paced Generators Standard PLC with 10" Color Touchscreen HMI for operator interface Flow control valves, all precursors are automatically controlled Mag Meters, all precursors Emergency Stop, both locally and by remote Stainless Steel Tube Skid PLC and generator components all 24vdc for safety Remote monitoring of alarm status System monitoring for process parameters Proposal Price Two (2) ADOXTM 2.0" MG II FP Auto Flow -Paced Chlorine Dioxide Generators - $113,200 Commissioning, start-up and onsite training included in price quoted - -- FOB Ship Point ---North Kingstown, RI - -- Any Applicable Taxes & Duties Are Extra---- - -- AWT's Standard Terms & Conditions Apply (Attached) --- - -- Manufacturing time approximately 8 weeks from design approval --- 1 Year Limited Warranty, see attached Payment Schedule: i Net 30, Pending approved credit Capacity and Utility Requirements U CLO2 Capacity – up to 2,500 PPD, option to increase capacity • Electrical Requirements (CLO2 Generator) – 240 vac / 3 phase / 30 amps • Water Requirements – Plant pressure, minimum flow capacity of 60 gpm, maximum flow of 160 gpm, average flow of 98 gpm. Asa Freeze protection if necessary REVISED 01/13/2017 Corpus Christi Provided Services: • Corpus Christi will supply IDI with a water feed line to the generator at plant pressure with a minimum flow of 60 gpm and maximum flow of 160 gpm with average flow of 98 gpm. • Corpus Christi will supply the application line from the C1O2 generator to the point of application. • Corpus Christi will provide lifting assistance when necessary. • Corpus Christi will supply power rated at 240 VAC 3-phase 30 amps, with separate isolation/ disconnect box. International Dioxcide, Inc. will provide supervision t o make the connection from its control panel to the isolation/disconnect box. Corpus Christi will make any connections from the generator control box to the plant control system under this same supervision. • Corpus Christi will provide, or have local access to, safety showers and water hose for the safety of operators and wash down. • Where possible, Corpus Christi will make available to International Dioxcide, Inc. and its agents, the occasional use of laboratory facilities for the purpose of carrying out tests on chlorine dioxide solutions in order to ensure compliance. Safety: With Safety as a key element in any program, we will provide safety training that will be conducted for all Corpus Christi employees, consultants and other outside agencies as necessary with regard to chlorine dioxide and sodium chlorite. Mobilization: We would expect an eight - twelve week lead time from receipt of verbal assurance to proceed with installation of the chlorine dioxide generator. NOTE: The attached generator drawing is of a similar generator. ATI Gas Sensor/Monitor: installed -$3,533 IDI service engineers are responsible for the supervision of installation of the generators. Our personnel are trained in the handling of chlorine dioxide and associated equipment. IDI requests access to the facility for our service engineers to review the location for the installation of the equipment prior to delivery. REVISED 01/13/2017 Service Agreement ADOXTM C102 Generator Maintenance Customer: Contact: City of Corpus Christi O.N. Stevens Water Treatment Plant Ralph Martinez Address: Corpus Christi, TX Phone / Email: 361-826-1218 / RafaelM@cctexas.com Title: Operations Work Coordinator Monthly Visit Field Service includes monthly account maintenance and/or emergency service visits to plant as required. At each visit the Service Technician is required to: • Inspect Equipment for Proper Operation • Calibrate pH and ORP Probes. fiA Confirm all Set Points are within Operating Parameters • Identify and Replace Non-functioning Components • Replace Normal Wear Items �D Check and Clean Eductors. • Calibrate and/or Clean C102 Concentration Monitors, i.e. Optek (if present) • Clean and Rinse Chemical Filter(s) • Test Emergency Stop Circuits • Provide Safety and Operations Training as necessary tofu Assist with Inventory/Order Management of Sodium Chlorite and/or Spare Parts In addition to the maintenance activities associated with the Monthly Visit, Field Service personnel shall provide the following additional services on a Quarterly, Bi -Annual and Annual basis: Quarterly Visit hu Test Safety Interlocks for correct operation, e.g Emergency Stops, Flow Switch Perform analytical test on Chlorine Dioxide solution to determine that equipment is generating Chlorine Dioxide efficiently. kui Test to ensure pH and ORP alarm relays are operational. Price: Annual Service Agreement -$12,000 REVISED 01/13/2017 International Dioxcide, Inc. 1 -Year Limited Warranty The One Year Limited Warranty applies to products manufactured and/or supplied by International Dioxcide, Inc. (101). This limited warranty is given only to the first retail purchaser of such products and is not transferable to any subsequent owners or purchasers of such products. IDI warrants that IDI or IDI authorized dealers will repair or replace, at IDI's option, any part of such products proven to be defective in materials or workmanship within one (1) year from date of start-up (first day of commissioning) or eighteen (18) months from date of the initial IDI invoice, whichever occurs first. Equipment must be maintained per Operation and Maintenance manual and IDI recommendations. ANY REPAIR OR REPLACEMENT WILL BE WARRANTED ONLY FOR THE BALANCE OF THE ORIGINAL ONE (1) YEAR WARRANTY PERIOD. USE OF NON - AUTHORIZED REPLACEMENT AND/OR MAINTENANCE PARTS WILL AUTOMATICALLY VOID THIS WARRANTY. ANY REPLACED PARTS MUST BE RETURNED TO IDI FOR WARRANTY EVALUATION. This Warranty specifically excludes any components not manufactured by IDI that are external to the equipment supplied by IDI, such as; related pumps, utilities, electrical or plumbing components, sensors, controllers, monitors, tanks, or, related components. THIS LIMITED WARRANTY DOES NOT INCLUDE ANY OF THE FOLLOWING: (a) Labor charges for troubleshooting, removal, or installation of such parts; (b) Repair or replacement of such parts necessitated by faulty installation, or improper maintenance, improper operation, misuse, abuse, negligence, accident, fire, flood, repair materials, and/or unauthorized accessories; (c) Claims originating from equipment installed without regard to required local codes and accepted trade practices; (d) Freight charges for delivery of parts. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER MAKES NO EXPRESS OR IMPLIED WARRANTY (INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM ANY COURSE OF DEALING OR TRADE USAGE) REGARDING THE PRODUCT. IDI SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOSS OF USE OF SUCH PRODUCTS, LOST PROFITS, DIRECT DAMAGES, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, FINES, JUDGEMENTS AND/OR INCIDENTAL DAMAGES. This Warranty gives you specific legal rights. You may have other rights, which vary from State to State. Extended Warranties and Service Agreements are available. Contact IDI for details. REVISED 01/13/2017 IDI - STANDARD TERMS AND CONDITIONS STANDARD CONDITIONS OF SALE 1. Seller warrants only that (a) any products or services provided hereunder meet Seller's standard specifications for the same or such other specifications as may have been expressly agreed to herein; (b) the sale of any products or services provided hereunder will not infringe the claims of any validly issued United States patent covering such product or service itself, but does not warrant against infringement by reason of (i) the use of any information provided, (ii) the use of any product or service in combination with other products, services, or information or in the operation of any process, or (iii) the compliance by Seller with any specifications provided to Seller by Buyer; and (c) all products provided hereunder were produced' in compliance with the requirements of the Fair Labor standards Act of 1938, as amended. WITH RESPECT TO ANY PRODUCTS, SERVICES, OR INFORMATION PROVIDED TO BUYER, SELLER MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER EXPRESS OR IMPLIED WARRANTY. Buyer assumes all risk and liability resulting from use of the products, services, or information delivered hereunder, whether used singly or in combination with other products, services, or information. 2. IN NO EVENT WILL SELLER'S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED TO THE BREACH OF THIS AGREEMENT, NONDELIVERY, OR THE PROVISION OF ANY PRODUCT, SERVICE, OR INFORMATION COVERED BY THIS AGREEMENT, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO SELLER FOR THE PRODUCTS, SERVICES, OR INFORMATION IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NONDELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS, SERVICES, OR INFORMATION. PRODUCTS SHALL NOT BE RETURNED TO SELLER WITHOUT SELLER'S PRIOR WRITTEN PERMISSION. NO CHARGE OR EXPENSE INCIDENT TO ANY CLAIMS WILL BE ALLOWED UNLESS APPROVED BY AN AUTHORIZED REPRESENTATIVE OF SELLER. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO WAIVES ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROVISION OF ANY PRODUCT, SERVICE, OR INFORMATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES WAIVE AND AGREE NOT TO ASSERT NON - CONTRACTUAL CLAIMS ARISING UNDER STATE LAW RELATING TO THIS AGREEMENT OR THE PROVISION OF ANY PRODUCT, SERVICE, OR INFORMATION COVERED BY THIS AGREEMENT, AND THIS AGREEMENT SHALL BE DEEMED TO INCLUDE SUCH LANGUAGE AS MAY BE REQUIRED TO EFFECT SUCH WAIVER. WAIVER BY EITHER PARTY OF ANY DEFAULT BY THE OTHER HEREUNDER SHALL NOT BE DEEMED A WAIVER BY SUCH PARTY OF ANY DEFAULT BY THE OTHER WHICH MAY THEREAFTER OCCUR. 3. No liability shall result from delay in performance or nonperformance, directly or indirectly caused by circumstances beyond the control of the party affected, including, but not limited to, act of God, fire, explosion, flood, war, act of or authorized by any Government, accident, labor trouble or shortage, pandemic, inability to obtain material, equipment or transportation, failure to obtain or hardship in obtaining reasonably priced supplies of materials, or failure of usual transportation mode. Quantities so affected may be eliminated from the REVISED 01/13/2017 agreement without liability, but the agreement shall remain otherwise unaffected. Seller shall have no obligation to purchase supplies of the product specified herein to enable it to perform this Agreement. 4. If for any reason including but not limited to Force Majeure Seller is unable to supply the total demand for products specified herein, Seller may distribute its available supply among any or all purchasers, as well as departments and divisions of Seller, on such basis as it may deem fair and practical, without liability for any failure of performance which may result therefrom. 5. Seller may furnish such technical assistance and information as it has available with respect to the use of the products or services covered by this agreement. Unless otherwise agreed in writing, all such information will be provided gratis. Buyer agrees to evaluate such information, to make an independent decision regarding the suitability of such information, products and services for Buyer's application, and only use such products, services and information pursuant to then current good product stewardship principles and all regulatory requirements applicable to Buyer's business. 6. Buyer acknowledges that it has received and is familiar with Seller's labeling and literature concerning the products and its properties. Buyer will forward such information to its employees, contractors and customers who may distribute, handle, process, sell or use such products, and advise such parties to familiarize themselves with such information. Buyer agrees that products sold hereunder will not knowingly be resold or given in sample form to persons using or proposing to use the products for purposes contrary to recommendations given by Seller or prohibited by law, but will be sold or given as samples only to persons who can handle, use and dispose of the products safely. Unless agreed to by Seller in a written agreement covering such use, in no event shall Buyer use products or resell products for use in the manufacture of any implanted medical device. Buyer agrees that export of any product, service or information provided hereunder shall be in accordance with applicable Export Administration Regulations. 7. Except as may be contained in a separate trademark license, the sale of product (even if accompanied by documents using a trademark or trade name of Seller) does not convey a license, express or implied, to use any trademark or trade name of Seller, and Buyer shall not use any trademark or trade name of Seller in the conduct of its business without Seller's prior written consent. 8. The Buyer shall reimburse the Seller for all taxes, (excluding income taxes) excises or other charges which the Seller may be required to pay to any Government (National, State or Local) upon the sale, production or transportation of the products, services, or information sold hereunder. 9. In the event Buyer fails to fulfill Seller's terms of payment, or in case Seller shall have any doubt any time as to Buyer's fmancial responsibility, Seller may decline to make further deliveries except upon receipt of cash or satisfactory security. 10. This agreement is not assignable or transferable by Buyer, in whole or in part, except with the prior written consent of Seller. Seller reserves the right to sell, assign, or otherwise transfer its right to receive payment under this agreement. 11. Dispute Resolution and Arbitration - Buyer and Seller agree to arbitrate all disputes, claims or controversies whether based on contract, tort, statute, or any other legal or equitable theory, arising out of or relating to (a) this Agreement or the relationship which results from this Agreement, (b) the breach, termination or validity of this Agreement, (c) the purchase or supply of any product, service, or information provided by Seller, (d) events leading up to the formation of Buyer's and Seller's relationship, and (e) any issue related to the creation of this Agreement or its scope, including the scope and validity of this paragraph. The parties shall before and as a condition to proceeding to arbitration attempt in good faith to resolve any such claim or controversy by mediation REVISED 01/13/2017 under the International Institute for Conflict Prevention & Resolution ("CPR") Mediation Procedure then currently in effect. Unless the parties agree otherwise, the mediator will be selected from the CPR Panels of Distinguished Neutrals. Any such claim or controversy which remains unresolved 60 days after the appointment of a mediator or 60 days after good faith efforts by either party to proceed to mediation shall be fmally resolved by binding arbitration in accordance with the CPR Rules for Non -Administered Arbitration then currently in effect by three independent and impartial arbitrators, none of whom shall be appointed by either party. This Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, to the exclusion of any state laws inconsistent therewith. Such arbitration shall be conducted in a city to be chosen by the arbitrators which is not the principal place of business of either party, and the arbitrators and the parties shall conduct such arbitration in accordance with such procedures as may be necessary to permit use of the then current CPR Arbitration Appeal Procedure. Any judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. In the event that either party wishes to appeal an award, the parties shall follow the then current CPR Arbitration Appeal Procedure. Buyer and Seller agree not to file or join any class action or class arbitration, seek or consent to class relief, or seek or consent to the consolidation or joinder of its claims with those of any third party. If any clause within this Arbitration Provision (other than the agreement regarding the conduct of the arbitration in the preceding sentence) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of the Arbitration Provision will be given full force and effect. If such agreement regarding the conduct of the arbitration is found to be illegal or unenforceable and if the arbitrators permit a class arbitration or consolidated or joined matter to proceed, this entire Arbitration Provision will be unenforceable, and the dispute may be decided by a court. The obligations set forth in this paragraph shall survive the termination or expiration of this Agreement. 12. This Agreement shall be construed and governed by Delaware law, without regard to any applicable conflicts of law provisions, and the terms of the UCC, rather than the United Nations Convention on Contracts for the International Sale of Goods, shall apply. 13. Except as otherwise expressly provided in any other term or condition of this Agreement, title, liability for and risk of loss to Product sold hereunder passes to Buyer upon loading for shipment at Seller's producing location. 14. Except as expressly provided in any other term or condition of this Agreement, any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. 15. This Agreement supersedes all prior agreements, representations and understandings between the parties (whether written or oral) with respect to its subject matter and constitutes (along with the exhibits and schedules attached hereto) a complete and exclusive statement of the terms of the agreement between the parties with respect to the provision of products or services hereunder. Not by way of limitation of the unqualified nature of the foregoing, Buyer acknowledges, agrees and represents that it is not relying upon, and it has not been induced by, any representation, warranty, statement made by, or other information provided by Seller in connection with its decision to purchase or use any product, service, information or technology, other than the representations and warranties made by Seller as and only to the extent expressly provided in this Agreement. No modification of this Agreement shall be binding upon Seller unless separately contracted in writing and executed by a duly authorized representative of Seller. No modification shall be effected by the acknowledgment or acceptance of purchase order forms stipulating different conditions. Ver. 5/11/07 REVISED 01/13/2017 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: This project will consist of the installation of a chlorine dioxide system to augment the water treatment processes at the O.N. Stevens Water Treatment Plant. This will include the installation of a chlorine dioxide generation system, along with the civil, electrical, HVAC, and mechanical components. To facilitate the installation of the chlorine dioxide system, the Owner will provide the following equipment to be installed: • Chlorine Dioxide generator system (2 units) and its associated control panel • Gas monitoring system for the Chlorine Dioxide building • Two (2) bulk chemical storage tanks and one (1) day chemical storage tank for sodium chlorite, along with their associated ladders, nozzles/flanges, and float level gauges (Varec 6700) Along with the equipment, the Owner will also perform the following tasks associated with the installation of the chlorine dioxide system: • All associated HMI programming • Any necessary SCADA upgrades or improvements • All software integration • Development of system control strategies The Contractor shall be responsible for performing the remaining tasks and providing any other equipment necessary for the successful installation of the chlorine dioxide system in accordance with the construction plans, including the installation of the local control panel to be located on the outside of the chlorine dioxide building (LCP-1), the necessary pumping and its associated control station (LCS-200 and VFD 201/202), along with any associated piping, wiring, valves, etc. Summary of Work City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 011100-1 Rev 01-13-2016 REVISED 01/13/2017 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. Not applicable B. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents, the Contractor is to base his Proposal on the most expensive listing. C. Completion of the Work described in this Contract may impact the construction and testing of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. 1.04 WORK BY OWNER 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. Owner to provide chlorine dioxide generators and its associated control panel, sodium chlorite storage tanks, and gas monitoring equipment for chlorine dioxide building. The proposals for this equipment have been provided in Appendix 1 and 2. 2. Owner to perform all programming associated with instrumentation and controls, along with any SCADA system improvements or upgrades. 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. Summary of Work City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 011100-2 Rev 01-13-2016 REVISED 01/13/2017 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 City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 011100-3 Rev 01-13-2016 REVISED 01/13/2017 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 01 29 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 01 29 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. Project management and project coordination Measurement and Basis for Payment City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 012901-1 Rev 01-13-2016 REVISED 01/13/2017 g. Demobilization; and h. Mobilization may not exceed 5 percent of the total Contract Price. 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 - Installation of Chlorine Dioxide System at ONSWTP 1. This task will be paid on a lump sum basis and shall include the installation of the chlorine dioxide system, which shall include the following: a. All civil work, as shown in the construction plans b. All pumping, piping, and mechanical work as shown in the construction plans c. All proposed demolition d. Installation of all City -purchased equipment 1) Chlorine dioxide generator skid systems, 2) Sodium chlorite storage tanks 3) Gas detection systems for the chlorine dioxide building C. Bid Item A-3 -Installation of Electrical Components of Chlorine Dioxide System at ONSWTP 1. This task includes the installation of all electrical components associated with the chlorine dioxide system, which includes the wiring, conduits, and electrical components associated with pumping, analyzers/instruments, air conditioning, control panels for chlorine dioxide generators, and all other electrical appurtenances shown in the plans. This task will be paid on a lump sum basis. The following items shall be EXCLUDED from this task: a. Control panel included with the chlorine dioxide generator skid system b. All HMI and system programming associated with the instrumentation and controls c. Software integration d. SCADA system upgrades 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 012901-2 Rev 01-13-2016 00 30 01 BID FORM REVISED 01/13/2017 Project Name: City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide Project Number: E16332 Owner: City of Corpus Christi Bidder: ..S. 0th OAR: J Designer: LNV, Inc. ITEM DESCRIPTION UNITESTWIATED QUANTITY UNIT PRICE , EXTENDED AMOUNT Base Bid Part A - GENERAL (REFER TO SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT FOR COMPLETE DETAILED LINE ITEMS) A-1 MOBILIZATION LS 1 - 'stekt, r`, A-2 INSTALLATION OF CHLORINE DIOXIDE SYSTEM AT ONSWTP LS 1 AAJ{iaF tr, 13Fr1;ayk. A-3 INSTALLATION OF ELECTRICAL COMPONENTS OF CHLORINE DIOXIDE SYSTEM AT ONSWTP IS 1 I1."),UR,• I•35.000* SUBTOTAL PART A - GENERAL (Items Al thru A3) 535i147104 Part B - ALLOWANCES (REFER TO SECTION 01 23 10 ALTERNATES AND ALLOWANCES FOR COMPLETE DETAILED LINE ITEM) B-1 'UNANTICIPATED UTILITY REPAIR/RELOCATION ALLOWANCE LS 1 ° SUBTOTAL PART B - ALLOWANCES (Item B1) Una BID SUMMARY SUBTOTAL PART A - GENERAL (Items Al thru A3) SUBTOTAL PART B -ALLOWANCES (Item 131) TOTAL PROJECT BASE BID (PARTS A THRUM Contract Times Bidder agrees to reach Final Completion in 45 days Bid Form City of Corpus Chr sti Water System Assessment and Optimization O.N. Stevens Water Treatment Plant - Chlorine Dioxide City Project No. 16332 003001-1 00 30 05 City of Corpus Christi Disclosure of Interest esi ROIPUR.CRASDIG TO BE ASSIGNED NUMBER Cy wor C CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the Ci to provide the following information. Every question must be answered. if the question is not applies le, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: �.S.t�irFn Cprpany P. O. BOX: NIA STREET ADDRESS: I I`i5 i t9 it N. CITY: Al Y1' zip: 3115 FIRM IS: I. Corporation Qr 4. Association jj�J 2. Partnership 5. Other 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is n, please use the reverse side of this page or attach separate sheet. 1. State the names of employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named `firm. Name NOM, 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 �u 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 N O r Consultant uty 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 theuested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d}] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: J. SriarVn Title: nlie dO! vCn� (Type or hint) Signature of Certifying Person: DEFINITIONS Date: 1-1,119 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 Disclosure of Interest 003005-2 Rev 0143-2016 00 52 23 AGREEMENT This Agreement, for the Project awarded on February 1, 2017, is between the City of Corpus Christi (Owner) and J.S. Haren Company (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: City of Corpus Christi Water System Assessment and Optimization O.N. Stevens Water Treatment Plant — Chlorine Dioxide Project Number E16332 ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV Engineers 801 Navigation, Ste. 300 Corpus Christi, TX 78408 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 45 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 75 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 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Agreement 00 52 23 - 1 E16332 City Water System Assessment — ONSWTP Chlorine Dioxide 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 $500 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 $ 565,250.00 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 E16332 City Water System Assessment — ONSWTP Chlorine Dioxide 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 E16332 City Water System Assessment — ONSWTP Chlorine Dioxide 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 E16332 City Water System Assessment — ONSWTP Chlorine Dioxide 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 01 00 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 for the City. ATTEST CITY OF CORPUS CHRISTI Agreement 00 52 23 - 5 E16332 City Water System Assessment — ONSWTP Chlorine Dioxide Rev 06-22-2016 Digitally signed by Rebecca Huerta DN. cn=Rebecca Huerta, o, ou, mmNrebeccab@cctexascom, c=US Date'. 2017.02.10 1]'.12.4] -ODOM Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: Aimee Alcorn -Reed 2017.02.08 13:20:11 -06'00' Assistant City Attorney ATTEST (IF CORPORATION) Cassandra Haren (Seal Below) Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Digitally signed by Jeff Edmonds DN. cn,eff Edmonds, o, oatc20, 0912.0519-H..'A malyaffreya@ J.H. Edmonds, P.E. Director of Engineering Services BY COUNCIL AUHORIZED CONTRACTOR J.S. Haren Company By: Title: J. S. Haren President 1175 Hwy 11 N. Address Athens, TN 37303 City 423-745-5000 Phone jsharen@jsharen.com State Zip 423-745-5252 Fax EMail END OF SECTION Agreement 00 52 23 - 6 E16332 City Water System Assessment — ONSWTP Chlorine Dioxide Rev 06-22-2016 A400& CERTIFICATE OF LIABILITY INSURANCE D"TE(MMIDD""YY) 2/3/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEA Deena Lamb Brock Insurance Agency PHONE-NQ . (706)866-3394 N ,(706)861-4619 823 Chickamauga Avenue ADDRess:deenal@brockins.com P.O. BOX 460 INSURER(S) AFFORDING COVERAGE NAIC4 Roseville GA 30741 INSURERAThe Charter Oak Fire Insurance 25615 wsuReD INSURERB?Pravelers Property Casualty Company 25674 J'. S. Karen Company INSURER C?Travelers Casualty & Surety Company 31194 1175 Highway 11 North INSURER D: INSURER E Athens TN 37303 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1610713184 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DL UBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDD MMIDO LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 A. CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTS❑ PREMISES Ea urrence $ 300,000 X Y DT-CO-OF796197-COF 1D/1/2016 10/1/2017 MED EXP(Any one person) $ 51000 PERSONALS ADV INJURY $ 11000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECTPRO- LOC PRODUCTS-COMPIOPAPG $ 2,000,000 X PRO- OTHER I Employee Benefits-Each $ 21000,000 AUTOMOBILE LIABILITY CEOLBODILY '__SINGLE LIMIT $ 11000,000 B X ANYAUTO Y(Perperson) $ AU-06 D SCHEDULED DT-810-OF799728-TIL-14 10/1/2016 10/1/2017 Y(Peraccident) $All"OS AUTOS X YNON-OWNED AMAGE $HIRED AUTOS AUTOS Medical payrnents $ 2,000 X HNTION$ UAB OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS,MADE AGGREGATE $ 51000,000 1D,000 X Y DTSM-COP-OF796197-TTL-14 10/1/2016 10/1/2017 $ WORKERS COMPENSATION _ AND EMPLOYERS'LIAB(LITY YIN x STATUTE I I ERH ANY PRCPPJETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT OFFICER/ME h'BER EXCLUDED? ❑ NIA $ 500,000 C (Mandatory in NH) y DTNOB-5910629-5-15 10/1/2016 10/1/2017 E.L.DISEASE-EA EMPLOYE $ 500,000 H yyees,describe under DESCRIPTiOR OFOPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 B Installation floater QT-664-9D916778-TIL-14 10/1/2416 10/1/2017limit 1,500,000 Leased and Rented Equipment 10/1/2016 10/1/2017 limit 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if mare space is required) E16332: City of Corpus Christi Water System Assessment & Optimization O.N. Stevents Water Treatment Plant- Chlorine Dioxide. Certificate holder is an an additional insured in regards General and Auto Liability as required by written contract. Waiver of subrogation is provided as required by written contract. 30 Day Notice of Cancellation a lies for Ge�aeral liability, Auto Liability and Workers Compensation. CERTIFICATE}FOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1201 Leopard Street ACCORDANCE WITH THE POLICY PROVISIONS. Corpus Christi, TX 78401 AUTHORIZED REPRESENTATIVE C Vaughan, III/DEENA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2094/01) The ACORD name and logo are registered marks of ACORD INS025 r>mnnti ADDITIONAL COVERAGES Ref# I Description Coverage Code Form No. Edition Date Employee Benefits-Aggreate Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 2,000,000 Ref# Description Coverage Code Form No. Edition Date Uninsured motorist combined single limit UMCSL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 500,000 Ref# I Description Coverage Code Form No. Edition Date Drug Free Credit DRUGF Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Experience Mod Factor 1 EX1301 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Cade Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium [EEV Copyright 2001,AMS Services,Inc. TRAVE-LERS'r WORKERS COMPENSATION ONE TbMER SOUAN AND NAUFMP CT 06M EMPLOYERS LIABIL17Y POLICY ENDORSEMENT WC 00 0319 (00)-oi POLICY NUMBER: (DTHM-591 OB24-3-1 B) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not erforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform-work under s written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or Indirectly 1O beroM any one not named In the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED 8Y WRITTEN CONTRACT E)MCUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE 10-14-16 ST ASSIGN: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following Wing is a general cover- age description only.Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot H. Blanket Additional Insured — Lessors Of Leased B. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments L Blanket Additional Insured — States Or Political Subdivisions—Permits D. incidental Medical Malpractice J. Knowledge And Notice Of Occurrence Or Offense E. Who Is An Insured — Newly Acquired Or Formed Organlr_ations K. Unintentional Omission F. Who Is An Insured — Broadened Named Insured L. Blanket Waiver Of Subrogation --Unnamed Subsidiaries M. Amended Bodily Injury Definition G. Blanket Additional Insured — Owners, Managers N. Contractual Liability—Railroads Or Lessors Of Premises PROVISIONS INJURY AND PROPERTY DAMAGE Ll- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The followingIs added to Exclusion Aircraft. Exclusions c. and g. through n. do not apply Auto Or War rcraft,In Paragraph 2.ogf SECTION to "premises damage". Excluslon f.(1)(a) I — COVERAGES COVERAGE A BODILY IN- does not apply to"premises damage"caused JURY AND PROPERTY DAMAGE LIABILITY: by: This exclusion does not apply to an aircraft that a. Fire; is: b. Explosion: (a) Chartered Wth a pilot to any insured; c. Lightning: (b) Not owned by any insured;and d. Smoke resulting from such fire,explosion, (c) Not being used to carry any person or prop- or lightning;or erty for a chaige. e. Water, B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f.of Section I—Coverage A 7. The first paragraph of the exceptions in Ex —Bodily Injury And Property Damage Liability clusion j., Damage To Property, in Para- Is replaced by another endorsement to this graph 2. of SECTION I — COVERAGES — Coverage Part that has Exclusion—All Pollu- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex.. PROPERTY DAMAGE LIABILITY Is deleted. clusion In Its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION: I — "premises damage" as described in Para. COVERAGES — COVERAGE A. BODILY graph S. of SECTION III — LIMITS OF IN- SURANCE. CG 031 s 1111 0 2011 Thee Trave1em1ndsmn1ty Company.AU rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6, of SEC- C. INCREASED SUPPLEMENTARY PAYME=NTS TION tit--LIMITS OF INSURANCE: 1. The following replaces Paragraph 1.b. of Subject to S. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS -- COVER- ises Rented To You Limit is the most we will AGES A AND 9 of SECTION 1 — COVER- pay under Coverage A for damages because AGE: of "premises damage" to any one premises. b. Up to $2,500 for the cost of ball bonds The Damage To Premises Rented To You requite because of accidents or traffic Limit will apply to all "property damage" law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability renoe", whether such damage results from: Coverage applies. We do not have to fur- fire; explosion; lightning; smoke resulting from nish these bonds. such fire, explosion, or lightning; or water; or 2. The following replaces Paragraph i.d. of any combination of any of these causes. SUPPLEMENTARY PAYMENTS — COVER- The Damage To Premises Rented To You AGES A AND B of SECT[ON I — COVER- Limit will be: AGES: a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented 'To You Limit .on the insured at our request to assist us in the Declarations of this Coverage Part; or investigation or defense of the claim or b. $300,000 if no amount is'shown for the "suis", Including actual loss of earnings up Damage To Premises Rented To You to $500 a day'because of time off from Limit on the Declarations of this Coverage work. Part, 0. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1. The following is added to the definition of"oc- definition of'insured contract"in the DEFINI- currehce"In the DEFINITIONS Section: TIONS Section. "Occurrence° also means an act or omission a. A contract for a lease of premises. How- committed in providing or failing to provide ever, that poilion of the contract :for a Incidental medical services", first aid or lease of. premises that indemnifies any "Good Samaritan services"to a person: person or organization for "premises damage"is not an"Insured contract`; 2. The following is added to Paragraph 2AL(1)of S. Tile following is added to the DEFINITIONS SECTION [[--WHO IS AN INSURED: Section: Paragraph (1)(d) above does not apply to "bodily injury" arising.out of providing or fall- "Premises damage" means "property dam- Ing to provide: age to: o� (i) "Incidental medical services" by -any of a. Any premises while rented to you or tem- your. "employees" who Js a nurse practi- porarily occupied by you with permisslon tioner, registered nurse,licensed practical of the owner,-or nurse, nurse assistant. emergency medi- b. The contents of any premises while.such cal technician or paramedic;or Jm WWI= premises is rented to you, if you vent such First old or"Good Samaritan services" premises for a period of seven or fewer. (n) consecutive dayans. y of your "employees. or "volunteer workers", other than an employed or vol- 8. The following replaces Paragraph 4.b.(1)(b) unteer doctor. Any such "employees" or of SECTION IV—COMMERCIAL GENERAL "volunteer wor(ers" providing-or failing to LIABILITY CONDITIONS: provide first aid or"Good $amaritan ser- (b) That is insurance for"premises damage"; vices"during their work hours for you will or be deemed to be acting within the scope T. Paragraph 4.b.(1)(c) of SE=CTION IV — of their employment by you or performing M COMMERCIAL GENERAL LIABILITY COW duties related to the conduct of your busi- DITIONS is deleted. ness. Page 2 of 6 IM 2Di 1 The Travelers Indemnity company.Alhrghts reserved. CC`s D3 1611 11 oo�sss COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of 4. Any organization you newly acquire or form, SECTION III—LIMITS OF INSURANCE: other than a partnership, joint venture or lim- For the purposes of determining the applica- Red liability company, or: which you are the ble Each Occurrence Limit, all related acts or sole owner or in which you maintain the ma- omissions committed In providing or failing to jority ownership Interest, will qualify as a provide 'Incidental medical services", first aid Named Insured if there is no other insurance or"Good Samaritan services"to any one per- which provides similar coverage to that or- son rson will be deemed to be one"occurrence". ganization.However: 4. The following exclusion is added to Para- a. Coverage under this provision Is afforded graph Z., Exclusions, of SECTION 1—COY- only: ERAGES—COVERAGE A BODILY INJURY (1) Until the 188th day after you acquire or AND PROPERTY DAMAGE LIABILITY: form the organization or the end of the Sale Of Phamnaceuticals policy period, whichever is earlier, if you "Bodily Injury" or "property damage" arising do not report such organization in writing out of the willful violation of a penal statute or to us within 980 days after you acquire or ordinance relating to the sale of pharmac auti- form it; or cals committed by, or with the knowledge or consent of,the Insured. (2)' Until the end of the policy period, when that date is later than 180 days after you 5. The-following is added to the DERNITIONS acquire or form such organization, if you Section: report such organization in writing to us "Incidental medical services"means. within 180 days,after you acquire or form a. Medical,surgical,dental, laboratory,x-ray it, and we agree In writing that it will Con- or nursing service or treatment, advice or tlnue to be.a Named Insured until the.and Instruction, or the related furnishing of of the policy period; food or beverages;or b. Coverage A does not apply to "bodily injury" b. The furnishing or dispert ng of drugs or or "property damage" that occurred before medical, dental, or surgical supplies or you acquired or formed the arganlzatlon,and appliances. e. Coverage 8 does not apply to "personal in- "Good Samaritan services" means any emer- jury" or "advertising injury" arising out of an gency medical services for wtdch no c ompen- offense committed before you acquired or sation is demanded or received. fomled the organization. R. The following is added to Paragraph 4.h., Ex- F. WHO IS AN INSURED--BROADENED NAMED cuss Insurance, of SECTION IV -- COM- INSURED—UNNAMED SUBSIDIARIES MERCIAL GENERAL LIABILITY CONDI- TIONS: The following is added to SECTION EI--WHO IS The insurance is excess over any valid and AN ENSURED: ooltectible other insurance available to the In- Any of your subsidiaries,other than a.partnership, sured, whether primary, excess, contingent or joint venture or Cmited liability company, that is on any other basis, that is available to any of not shown as a Named Insured in the DeclaraM- your "employees" or "volunteer workers" for tlons is a Named Insured if you maintain an own- "bodlly Injury" that arises out of providing or ership interest of more than 50% in such subsidi- •failing to provide "Incidental medical ser- ary on the first day of the policy period, vices", first aid or"Good Samaritan services"- No such subsidiary is an insured for"bodily injury" to any person to the extent not subject to or"property damage" that occurred, or"personal Paragraph 1a.(1) of Section II — Who Is An injury" or "advertising injury" caused by an of- insured. fense committed after the date, if any, during the I— WHO IS AN INSURED — NBVLY ACQUIRED policy period, that you no longer maintain an OR FORMED ORGANIZATIONS ownership interest of more than 500A in such sub- The following replaces Paragraph 4.of SECTION sidiary. 11—WHO IS AN INSURER: CO D3 16 1111 02011 The Travelers Indemnity Company.All rights resen%d. Page 3 of S COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED—OWNERS, H. BLANKET ADDITIONAL INSURED—LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION 11—WHO IS The following is added to SECTION 11 —WHO IS AN INSURED: AIS INSURED: Any person or organization that is a premises Any Gerson or organization that is an equipment -ornnter, manager or lessor and that you have lessor and that you have agreed in-a wwttten con- agreed in a written contract or agreement to in- tract or agreement to Include as an insured on clude as an additional Insured on this Coverage this Coverage Part is an insured, but only with re- Part is an insured, but only with respect to liability spect to liability for-bodilyu for "bodily injury", "property damage", "personal " Injury",ry". "progeny dam- injury"or*advertising injury".that: age", personal injury"or*advertising Injury"that: a. Is "bodily injury" or "property damage" that a Is "bodily injury" or "property damage" that occurs, or is "personal Injury" or "advertising occurs, or is "personal injury" or"advertising injury" caused by an offense that is commit- injure caused by an offense that Is commit- - ted, subsequent to the execution of that con- ted, s to the execution of that con- tract or agreement;and tract orr agreement; subsequent and b. Arises out of the ownership, maintenance or b. Is caused, In whole or in part, by your acts or use of that part of any premises leased to omissions In the maintenance, operation or you. use of equipment teased to you by such equipment lessor. The insurance provided to such premises owner, The Insurance manager or lessor is subject to the following pro- provided to such equipment lessor visions: is subject to the fatfow€ng provisions: a. The limits of Insurance provided to such a. The limns of insurance provided to such premises owner, manager or lessor will :be equipment lessor will be the minimum limits the minimum limits which you agreed to pro- which you agreed 'to provide in the written contract or agreement, or the limits shown on vide in the written contract or agreement, or the Declarations,whichever are less. the limb shown on the Declarations, wvhich- • ever are less. b. The Insurance provided to such equipment b. The Insurance lessor does not apply to any"bodily Injury"or mM provided to such premiers property damage" that occurs, or personal owner. manager or lessor does not apply to: Injury"or"advertising Injury"caused by an of- iiiii ! (1) Any "bodily injury" or "property damage" tense that is committed,-after the equipment E that occurs,or"personal injury"or"adver- lease expire& a tising injury"caused by an offense that is c. The insurance provided to such equipment committed, after you cease to be a tenant lessor is excess over any valid and collectible o� t in that premises;or � other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner. lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or c. The insurance provided to such premises non-contributory with, such other insurance, owner, manager or lessor is excess over any in which case this insurance will be primary valid and collectible other insurance available to, and non-contributory with, such other in- to such premises owner, manager or lessor, surance. AN whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED -- STATES _ any other basis, unless you have agreed In OR POLITICAL SUBDIVISIONS—PERMIT, the written contract or agreement that this in- The following is added to SECTION It—WHO IS surance must be primary to, or non- contributory with. such other Insurance, in AN INSURED: which case this insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with, such other Irmur permit in connection with operations performed by ante. you or on your behalf and that you are required Page 4 of 6 0 2011 The Tmelers Indemnity Company.AN rights reserved. CG DS 16 11 11 �a,se� COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include (il) A manager of any Ibm&A liability as an additional insured on this Coverage Part is company;or an insured, but only with respect to liability for (Ili)An executive officer or director of "bodily injury", "property damage", "personal in- any other organization; jury" or"advertising injury"arising out of such op- that is stations, your partner, joint venture member or manager;or The insurance provided to such state or political (b) Any "employee" authorized by such subdivision does not apply to: partnership, joint venture, limited li- a. Any "badly injury," "property damage," "per ability company or other organization sonal Injury"or"advertising injury"arising out to give notice of an 'bcau rence" or of operations performed for that state or po- offense. titical subdivision; or (3) Notice to us of such"occurrence"or of an b. Any "bodily injury" or "property damage" In- offense will be deemed to be given as eluded In the"products-completed operations soon as practicable If It is given In good hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ars' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us The following Is added to Paragraph 2., Duties In of the"occurrence"or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de- Suit, of SECTION IV -- COMMERCIAL GEN- scribed In Paragraphs e. (t) or(2) above ERAL LIABILITY CONDITIONS. discovers that the"occurrence"or offense may result in sums to which the Insurance e. The following provisions apply to Paragraph provided under this Coverage Part may a. above, but only for the purposes of the in- apply surance provided under this Coverage Part to you or any inserted listed in Paragraph 1.or 2.. However, if this Coverage Part Includes an en- ol Section It--Who is An Insured: dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution (1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es- fense must be given as soon as prac Lica- cape of"pollutants"which contains a requirement ble only after the"occurrence"or offense that the discharge, release or escape of "pollut- Is known by you(if you are an!ndividual), ants" must be reported to us VMhtn a specific any of your partners or members who Is number of days after Its abrupt commencement, an individual (If you are a partnership or this paragraph e. does not affect that require- joint venture), any of your managers who ment. Is an individual(if you are a limited liability K. UNINTENTIONAL OMISSION company), any of your "executive offl- cers"or directors(If you are an organiza- The following is added to Paragraph 6., Repre- tion other than a partnership.joint venture sentations, of SECTION IV — COMMERCIAL or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an"occurrence"or offense. error In, any Information provided by you which (2) If you are a partnership, joins venture or we railed upon in issuing this policy will not preju- limited liability company,and none of your dice your rights under this insurance, However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, natice to us of such additional premium or to exercise our rights of "occurrence"or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur applicable insurance laws or regulations. rence"or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any Individual who Is: The following is added to Paragraph S., Transfer (i) A partner or member of any part Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CO D3 16 11 11 0 2011 The Travelers IndemnRy Cempany.All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed In a contract or agree- 3. "Bodily injury means bodily injury, mental ment to waive that insured's right of recovery anguish, mental injury,shock,fright,disabr7ity, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against-such person or organiza- a person. Including death resulting from any tion, but only for payments we make because of: of these at any time. a. "Bodily Injury" or "property damage" that oo- N. CONTRACTUAL LIABILITY—RAILROADS curs;or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of"insured contract"in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. any easement or license agreement; agreement, 2. Paragraph Q1) of the definitlon of insured M. AMENDED BODILY INJURY DEFt11EMON contract" in the DEFINITIONS Section is de- The following replaces the definition.of "bodily feted. injury"in the DEFINITIONS Section: r� k �a i ally I �m®me ow= i� n� ..rte Oww�" A rrrrr� r� Page 6 of B 02011 The Travelers Indemnity Company.AN rights reserved. CG D3 16 11 1.1 oa+eai COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is A general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights;duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE —LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. MIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The fallowing is added to Paragraph A.1., Who is person or organization qualifies as an "insured" �=-- An Insured, of SECTION If—COVERED AUTOS under the Who Is An Insured provision contained a_ LIABILITY COVERAGE: in Section IL ,= Any organization you newly acquire or form dur- C. EMPLOYEE FIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION If — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.S., =-� Who Is An Insured, of SECTION Il — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: °0=0 Any person or organization who is required under b. For Hired Auto Physical Damage Cover- .. a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos" you own: " executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 02015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 000844 COMMERCIAL AUTO permission, while, performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- The following is added to Paragraph A.1., Who Is tie any such claim or "suit" and keep An insured, of SECTION Il—COVERED AUTOS us advised of all proceedings and ac- LIABILITY COVERAGE: tions. Any "employee" of yours is an "insured"while us- (ii) Neither you ror any other involved "insured" will make any settlement ing a covered "auto"you don't own, hire or borrow without our consent. in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii)We may, at our discretion, participate LIMITS in defending the "Insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION 11—COVERED AUTOS LIABIL- (iv)We.will reimburse the "Insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or"property damage"to which tions) required because of an "accident" this insurance. applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION 11— COVERED AUTOS LIABIL- SECTION 11 — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "Insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense F. HIRED AUTO — LIMITED WORLDWIDE COV- of the "insured" against any such ERAGE—INDEMNITY BASS "suit", but only up to and included within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, auto that you tease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ler- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 02015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL.AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will coverage. not invalidate the coverage afforded by this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III – PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to 'loss" to one or ted or authorized insurer outside the more airbags in a covered "auto' you own that in- United States of America, its territories Hate due to a cause other than a cause of 'loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada, We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto' is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE–GLASS ranty; and The following is added to Paragraph D., Deducti- c. The alrbags were not intentionally inflated. ble, of SECTION III PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one'loss". No deductible for a covered "auto' will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE–LOSS OF SECTION IV–BUSINESS.AUTO CONDITIONS: USE–INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident` or "loss ap- ui graph AA.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or 'loss" is known TION III–PHYSICAL DAMAGE COVERAGE: to: . �— However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident'. (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE – TRANSPORTATION pany); EXPENSES–INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- _ graph AA.a., Transportation Expenses, of ganization); or d� SECTION III -- PHYSICAL DAMAGE COVER- (e) Any "employee"authorized by you to give no- AGE: tice of the"accident"or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION M1 $1,500 for temporary transportation expense in- The following replaces Paragraph A.S., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto'of the private passenger type. of SECTION IV – BUSINESS AUTO CONDI-J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III – PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have • Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident' parel and other personal property which is: or"loss", provided that the "accident'or"loss" (1) Owned by an "Insured"; and arises out of operations contemplated by CA T3 53 02 15 0 2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. 000945 COMME=RCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 02015 The Travelers Indemnity Company.All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office,Inc.with its permission. POLICY NUMBER:DT=CZ7=OF796197-TIA-16 ISSUE DATE: 10-13-16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i DESIGNATED ENTITY --- NOTICE OF CANCELL.ATIONINONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL- Number of Days Notice of Nonrenewal: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NDTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL 9E GIVEN, BUT ONLY IF: t . YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE; NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR 4ON2EN EWAL OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE 3EGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: r� o� a� a� PROVISIONS: oMEN � A. if we cancel this policy for any statutorily permit B. If we decide to not renew this policy for any statu- ted reason other than nonpayment of premium. torily permitted reason, and a number of days is Jw Jw and a number of days is shown for cancellation In shown for nonrenewal in the schedOle above, we MEN the schedule above, we will mail notice of cancel- will mail notice of the nonrenewal to the person or ration to the person or organization shown in the organization shown in the schadule above_ We schedule above. We will mall such notice to the will mail such notice to the address shown in the address shown in the schedule above at least the schedule above at least the number of days number of days shown for cancellation: in the shown for nonrenewal In the schedule above be- schedule above before the effective date of can- fore the expiration date. cellation. IL T4 00 12 09 02009 The Trareles Indemnky Company Page 1 o€1 coin* COMMERCIAL GENERAL LIABILITY ` THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -M AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modules insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following Is added to SECTION 11—WHO i$ (a) The Additional Insured — Owners, AN INSURED: Lessees or Contractors — Scheduled Any person or organization that: Person or Organization endorsement A. You agree in a "written contract requiring in- CG 20 10 07 04 or CG 20 10 04 13,the Additional Insured -- Owners, surance" to Include as an additional Insured Lessees or Contractors — Completed on this Coverage Part;and Operations endorsement CG 20 37 b. Has not been added as an additional insured 07 04 or CG 20 37 04 13, or both of for the same project by attachment of an en- such endorsements with either of dorsemert under this Coverage Part which those edition dates;or Includes such person or organization in the (b) Either or both of the following: the endorsernerWs schedule; Additional Insured — Owners, Les- is an Insured, but: sees or Contractors — Scheduled a. Only with respect to liability for"bodily injury", Person Or Organization endorsement "property damage"or"personal injury";and CG 2010, or the Additional Insured— Owners, Lessees or Contractors — b. Only as described in Paragraph (t), (x) or(3) Competed Operations endorsement below, whichever applies: CG 20 37, wtthout an edition date of (1) If the "written contract requiring incur- such endorsement s'pecified; ance" specifically requires you to provide the Iron or organization Is an additional additional insured coverage to that per- insured only if the Injury or damage is son or organization by the use of: caused, In whole or in pact, by acts or (a) The Additional Insured — Owners, omissions of you or your subcontractor in Lessees or Contractors — (Form B) the performance of "your worn" to which endorsement CG 20 10 1185;or the "written contract requiring insurance" (b) Either or both of the following: the applies;or Additional Insured — Owners, Les- (3) If neither Paragraph(1)nor(2)above ap- sees or Contractors — Scheduled plies: Person Or Organization endorsement (a) The person or organization is an ad- CG 2010 10 01, or the Additional In- ditional Insured only if, and to the ex sured—Owners, Lessees or Contrac- tent that, the. injury or damage Is tors — Completed Operations en- caused by acts or omissions of you or dorsement CG 20 3710 01; your subcontractor in the perform- the person or organization Is an.additional ante of"your work"to which the"writ- Insured writInsured only If the injury or damage arises ten contract requiring insurance" sp- out of "your work" to which the '"written plies, and contract requiring insurance"applies; (b) The person or organization does not (2) If the "written contract requiring insur- qualify as an additional insured with ante"specifically requires you to provide respect to the independent acts or additional Insured coverage'to that per omissions of such person or organi- son or organization by the use of: zatlon. CO DB 04 0813 0 2013 The Travelers lndemnfty Company.All rights reserved. Page 1 of 3 + COMMERCIAL GENERAL LIABILITY Z. The Insurance provided to the additional Insured and collectible other insurance, whether primary, by this endorsement is limited as follows: excess, contingent or on any other basis, that is a. if the Limits of Insurance of this Coverage available to the additional insured when that per- Part shown in the Declarations exceed the son or organization is an additional Insured, or is minimum limits of liability required by the any other insured that does not quality as a "written contract requiring insurance", the in- named insured, under such other insurance. surance provided to the addilloval insured will 4. As a condition of coverage provided to the addi- be limited to such minimum required limits of tional insured by this endorsement: 'liability. For the purposes of determining a. The additional insured must give us written whether this limitation applies, the minimum notice as soon as practicable of an "occur- limits of liability required by the '"written con- rence' or an offense which may result In a tract requiring insurance" will be considered claim. To the extent possible, such notice to include the minimum limits of liability of any should include: Umbrella or Excess liability coverage required for the additional insured by that"written con- (1) How, when and where the "occurrence tract requiring insurance"_ This endorsement or offense took place; will not 'increase -the limits of insurance de- (2) The names and addresses of any injured scribed in Section Ill—Limits Of Insurance. persons and witnesses;and b. The insurance provided to the additional in- (3) The nature and location of any injury or sures does not apply to"bodily injury", 'prop- damage arising out of the"occurrence"or erty damage" or"personal Injury" arising out offense. 4f the rendering of, or failure to render, any #�. If a claim is made or"suit"is brought against proems services, architectural, engineering-or sur- the additional insured, the additional insured veying services, including: must: (t) The preparing, approving, or failing to (i.) Immediately record the specifics •of the prepare or approve, maps, shop draw- claim or"suit"and the date received; and Ings, opinions, reports, surveys, Meld:or- ders or change orders, or the preparing, (2) Notify us as soon as practicable. approving, or failing to prepare or ap- The additional insured must see to it that we mprove,drawings and specifications; and • receive written notice of the claim or"suit" as ME (2) Supervisory, Inspection, architectural or soon as practicable. engineering activities. c. The additional insured must immediately send The Insurance provided to the additional In- us copies of all legal papers received in con- surred does not apply to "bodily injury" or nection with 4he claim or"suit", cooperate with JW "property damage"caused by"your-work"and us In the investigation or settlement of the included in the "products-completed opera- claim or defense against the "suit", and oth- tions hazard" unless the "written contract re- erwise comply with all policy conditions. quiring insurance" specifically requires you to d. The additional insured must tender the de- provide such coverage for that additional in, fense and indemnity of any claim or "suit" to sured during the policy period. any provider of other insurance which would 4 3. The insurance provided to the additional insured cover the additional insured for a loss we by this endorsement is excess over any valid and cover under this endorsement However, this collectible other insurance, whether primary, ex condition does not affect whether the insur cess, contingent or on any other basis, that Is ante provided to the additional Insured by this r= available to the additional insured. However, if the endorsement is primary to other insurance Wtten contract requiring insurance" specifically available to the additional insured which cov- aaIM requires that this insurance apply on a primary ers that person or organization as a named basis or a primary and non-contributory basis, this insured as described In Pa s ragraph 3.above: lasurance is primary to other insurance available g, The following is added to the DEFINITIONS Sec- or organization qualifies as a named insured, and tion: we will not share with that other Insurance. But "Written contract requiring insurance" means that Oe insurance provided to the additional insured part of any written contract or agreement under by this endorsement still is excess over any valid which you are required to include a person or or- Page 2 of 3 ®2013 The Travelers Indemnfiy CompM.AD rights reserved. CG'D8 04 08 13 oassse COMMf RCIAL GENERAL LIABILITY ganixation as an additional Insured on this Cover- a. After the signing and execution of the contract age. Part, provided that the "bodily injury" and or agreement by you;and "property damage" occurs, and the "personal In. b. While that part of the oontract or agreement is jury" is caused by an offense committed, during in effecL the policy period and: CO DS 04 08 13 02013 7be Travelers indemnRy Compwy.AB rigMs reserved. Page 3 of 3 POLICY NUMBER:DT-814-OF799728-TIL-16 ISSUE DATE; 1 o-13-16 THISENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY -- NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEQULE CANCELLATION: Number of Days Notice of Cancellatlon: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM Yotj HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY If: 1 . YOU SENO US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF 'SUCH PERSON OR ORGANIZATION. AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY AND, 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. a� a� ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. , o� a� i� PROVISIONS: If we-caacei this policy for any statutorily permitted above.We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mail notice of cancellation to the effective date of cancellation. the person or organization shown in the rachedule IL T4 bti 0311 0 2011 The Travelem-lndemnily Company.All dgMs resevsd. Page 1 of 1 nans4e TRAVELERS AND COMPENSATION AND WE TOWER S"RE EMPLOYERS LIA6ILITY POLICY HArr!TFol P CT 06283 ENDORSEMENT WC 99 06 R3(00) POLICY NUMBER: (DTHUS-591 OB24_5-1 6) NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following Is added to PART SIX-CONDITIONS: !Notice Of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by you,we will provide notice of such cancellation to each person or organization designated In the Schedule below.We will mail or deliver such notice to each person or organization at its listed address at least the number of days show fbr that person or organiza- tion before the cancellation is to take effect. You are responsible for providing us with the information necessary to accurately Complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail,deliver or othervAse notify such designated person or organization of the cancellation. SCHEDULE Number of !Name and Address of Designated Persons or Organizations: Days Notice ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED IN A WRITTEN 30 CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF- 1 . F:1 . YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE' NAIuE AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; ANIS 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE JEW BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS e— ENDORSEMENT. e»� ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REGUEST FROM YOU TO US. e� ss DATE OF ISSUE: t O-14--16 ST ASSIGN: Page 1 of 3 022043 0 20'13':he Travelers Hidemnity Company.All it"reserved. M TRAVELERS WORKERS COMPENSATION , AND ONE TSR SQUARE EMPLOYERS UABILITY POLJCY NARrF=j CT OMS ENDORSEMENT WC 99 0S R3(00) POLICY NUMBER: (DTHLE-59i 082A-5-i 6) Number of Name and Address of Designafed Persona or Organizations: Days Notice DATE OF ISSUE: 10-14-16 ST ASSIGN: page 2 afi 3 0 2013 The Travelers lrrdem*CompmV.AM dgtft reserved. i TRAVELERS WORKERS COMPENSATION AND ora: 7T01'IER SWAN EMPLOYERS LI4131UTY POLICY fWFam, Cr 06183 ENDORSEMENT WC 99 05 R3(00) POUCY NUMBER: (DTHUB-5910624-6-16) Number of Tame and Address of Designated Persons or Organizations:. _ Days Notice r� i� a� r= a� w� All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The.Information below Is required only when this endorsement is issued subsequent to Preparation of ,NE= the policy.). Endorsement Effective Policy No. Endorsement No. Insured Premitim$ Insurance Company Countersigned by DATE OF ISSUE: 10-14-163 ST ASSIGN: Page 3 of 3 02MA4 Q 2M 3 The 1 imTws fndwnnfty Company.All rigfs . r- ♦ < •• ♦ ....11•... n - ._ ♦ •-4 ' :�!J fi lEl1�'BOAf�} BCIWmP. 6021121010 r ! �t •�t, �Su�'+ety United states Fire Iriii mrme C;ornpam► Y i1Atti�ttrssr' ,rrEtiota brslness, .Afi��tili2ttdpr�irdTpldfjii�lisps _ 305 Madison AvenUe ' Morr*mn,NJ 07962 _ _ �P#�}sltacifis�atr�: ii►c��tlpCbli�iFF, & . 305 Madison Avenue i!Iatme a;t ,-Tew . MoMsWwn,NJ 07862 ' :i�la�llciod`.��,�l .Aid�te''•q�; r!e��a - ,ui<itie:�avu . ee : oetaware .. ••�� �azne��d ctr�r�ex: �'elep}igR?�,la•#!p►n�iiu�,b;�p, � 9739046600 - a Telqpbone rno - 973-480-6800 nil {yey Michael Ziemer At att� + it�a :`F brr�ry q7 Address:•14490 westiminw"1108d,Ste 300 f Houston,TX 77077 , Telegf000. 713.854.9353 BOWcom matE�d michaeleme.-e-I mo zir � rtspe111- February 1.:2017 _ ,to ; :pot"�i<:gvns�Form - � 0Ei$1I.r»;t SurFetyegfd.ta►t#g'ti;W.ut#ending to be legally kwnd and obligated to ownerdo e�x�lajtiar�se.Nris'PQ 8ot>ifI Labe dulfttiaiv ' ref by&ouMared bar agentor repr ,7wthv; llie PrrnNprOt i ►if prrefybinttheMcct rnem # ei ,s, r , successors assi9r �jgcfot : tfrld;este ly ;Jrisabnni _?7�e nd�troho tit s nbllgdlroa is,Such that if the rrantradoxas Pilnerpal al claim gsPoWl. 1R.Af lt�h aif !Iltotk t ttf�ed b ;tlie initact$ this:OAWQtlon shulll>be n�rll:trptl'_voial•�a �Visr�ieo crt ` ° �11r'e c�tcf ect Prlav�fans c � ther �� �' arm= f h� stinr7 tlupll be.pLtaugnt to W,-tgrms art!piouiskns o� Mwow 3 trr_dOaptex 2Z&y of the Texas 60wernment We as Amended alnd oll liabilitks4h tW tiand:shalt be+tteorrmrnedlin trttnrgrcnce with the proYlsicrns otwfd C itrpWfd the.,., me:e��oslf ft H±ie+'e:eapied irt#e�ti:�eiietr>:.�Pnue shalLGe ieXdus7veljr•io Nueces Cnur�t�r 7�exas.;�vrarry-►e9af-rrctl6n: Ct�nt�acttsrasPrttte7�ia!. , . Surety. . Signature. r/� i�"� Sigtur`e Name; c. r' . . fitful,'" Kelly L.8A Title:. Title: Attorn -in-fact •i 6rnail s ���� , �,.� Lar• ErtailAddress. kelly§bondssoutheast.com 1�uYYYYrnni (Adf1Pttwerofr4ttnmeytlqd` )aGe.sttc/heltlw ' i€, tf 11 Q Qo �6 �Lr mil,7�• ....��`\`(l`r'1` - }. �'�Y. '�=hu ���+IrrNiuur�attt'`' i1 Payment BOW-FIft t3A5] l 163 :Rssessmeil :s E hESk P chi. ink l�loicide 5 Z6U POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY 01130403.418 KNOW ALL h[EN BY TEWSE PRESENT'S:That United States Fire Insurance Company,a corporation duly organized and wasting ander idie laws of the slate of IJelswere,has made,constituted and appointed,and does hereby make,constitute and appoint; Gregory B Nash,Phillip H.CWuk%Nelly Berry each,its tree and lawibl AnDrnay(*In-Fact,with full power and aatboft hereby coathrmd in its name,place and stead,to emw=6 aclmowkdge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require,and to bind United States Fire Insurance Company thereby as f*and to the same extent as if such bonnie or undettddggs had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office,in amounts or penalties not exceeding:Seven Million,Five Hundred Thousand Dollars(V,400,01� This Power of Attorney limits the act of those named therein to the bonds and undertaldngs specifically named therein,ad they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney nevoloes all previous Powers of Attorney issued on behalf of the AtDornays-ln Fad named above and aspires on January 31,2018. This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect,and consistent with Article III thereog which Articles provide,in pertinent part: Article fV,Exeartfon of Instruments-Except as the Board of Duators may authorize by resolution,the Chairman of the Board,President, arty Vice-Predde4 apy Assistant Vice President,the Secretary,or any Assistant Secretary shall bave.power on behalf of the Corporation: (a) to mocute,affix the corporate seal manually or by facsimile to.aclreowiedge,verify and diver any contracts,obligations,histruments and documeaft wbatsoever in c=rection with its business including,without Inniting the forepmg,any bonds,gumanwA undertakir4m recognizances,powers of attorney or revocations of any powers of attorney,stpala>ions,policies of insurance,deeds,leases,martgages, releases,satisfitdions and agency agreements (b) to appoint,in writing,one or roars persons far any or all of the purposes mentioned in the preceding paragraph(a).including affixing the seal ofthe Corporation. Article III,Officers,Section 3.11,Fad Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees,uadeataidnga,recoph anom stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed,faeaimlle,lithographed or otherwise produced. In addition,if and as authorized by the Board of Directors,,dividend warrants or chtcim,or other numerous instruments similar to one another in farm, may be signed by the fhesimpe signature or signatures, Mographed or otherwise produced,of such officer or officers of the Corporation as from tunic to time may be anthorimd to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he. may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WBLREOF,United States Fire Insurance Company has caused these presents to be signed and attested by its appmpriam officer and its corporate seal bereuam affixed this UP day ofMarcb,2016. UNITED STATFA FrRF.rNSITRANVE COMPANY Anthony IL Slimowic4 Senior Vice President State of New Jersey) CountyofMorris ) On this 104 day of Marsh 2014 before me,a Notary public of the State of New]any,came the above named offrocr of United States Fre Insurance CO24M,to tae personally known to be the individual and oil described herein,and acknowledged that he executed the foregoing inahunaent and dhW the Seal of(Baited States Fire Insurance Company thereto by the authority of his office. , SOMA SCALA 1,dF�!ktiartrsl. K NOTARY PUBLIC OF NEW JEHUY Sonia Scala - ......` (Notary Public) MY CO1VIl UMONEXPIItE83lIM19 I,the undersigned officer ofUnited States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which the faragoing is a fhll,has and coneeYcopy is still is force and effect and has not been r avoked. IN WITNESS WBi®tEOF;l rt set my hand and affixed the corporate seal ofUnited States Fire Insurance Congmny on the 15t day of reftM 2017 UNITED STATW I=INSURANCE COMPANY =y�s •' Al Wright,Senior Vice President -.. .rf . .._.. .. {• � _ :i{ar,is ._.. . . ,. .. t .... y:Rf'i..F: ,„ . l3 " P9 6021121090 bcbw Nam-- United States Fire insurance Company dlrlai�;�1 %��t'q�jpgr�lp����sf�i�1�_ • .Ai�aili ��i�r j^ 305 Madison Avenue Wm%town,NJ 07962 dad 4r 305 Madison Avenue Mopistown,NJ 07962 i Vu[ -1990 O r It #Sf a D�I.awwa 3 - _ •Qt�Eharit�ifrr�lpku.� 'fr� :�� ; . .4kise to bvq* th Ste Zras Tel riaWflylata 973.490.6600 I i ►r ;. 9734 9x6600 y lU-ntg' Michael Ziemer f jitVBc!13ai+a�afl a t f a ►�.2 � dd� 11490 Westheimer Road,Ste 300 _ r Houston,TX 77077 j TPjaph 713-954-8353 f W4ILAddfiem mthaelslemer@faimeoaUpedWty com. t 'Qfjoft February 1,.2017 the if efIreA l`Agi' -4 Win.4VOMP O 0 Pi a.r.i hAward fake - o i � IA� �j,►sLem•�'sse;�sitt�irt gpt�l'fp'�fwirte Dioxide �„� _` . l u aFn ;Loi ru or,ie> tt li g to be legailybound gnd:obf to .t s slp; Cf�t tt 3iA tfis. ape:sand#i,&�A*.1yerecutedonil Otwd..Ker,,Wentorrepresentadft ntorreptesenta The Mndpal-rRd5uret�r�rtt�Yhern�eives�ortd:fheff,lielrs�odrnFnistrs�tors,exr ,:successors 04 *,7'v1��'+?!�dseve!t�1ly#o�N boad The con&tlon of`t4is oblfigadon is such lfiat`ff fhe.�i�c�ot t�!s, Pxie ltial fa thfsiiy pt dorms the Nl -reolmd oy.the C)ntrrrct,t�he►r Oils obffgation.sF I be iiil:and d,•atherw{se tfi�_ ��:to'remdiri ht f -ar!<def�cr»Prro�rluons o�`'tl�a:bvtrdshNi�b9e:' . #1 �t to the tem gt"peav suns of Chapter22S arra Oaipter 2269.gf the Tgga 17Tft]eAtt�tde= ac ome 410aid,gd6itfties_an.-thjs.bori�,shall be deterr�tr�ecl'in eCco ince w i' i •�iY vitslo7t o, "sgi d gpEer :trie=S0Mextedt asif kwem Oppkd at length'herein.'Venue'sh;di`Gd.iO*dvsively.in,)VgeC>-5 CAD1#1ty,;T�iras fri'>z`#rh�y�esgl d�ttnh. 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