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HomeMy WebLinkAboutC2017-224 - 7/18/2017 - Approved • 2017-224 7/18/17 M2017-097 Felder Water Well& Pump 00 52 23 AGREEMENT This Agreement,for the Project awarded on Tuesday.July 18,2017 is between the City of Corpus Christi (Owner)and Felder Water Well&Pump Service LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Corpus Christi Aquifer Storage and Recovery Feasibility Study Proiect No.E16265 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: HDR Engineering Inc. 4401 West Gate Blvd,Suite 400 Austin,TX 78745 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza,P.E.—Construction Management Engineer City of Corpus Christi-Engineering Services 4917 Holly Rd.,#5 Corpus Christi,Texas.78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 133 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 163 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion,and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Agreement 00 52 23-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No.E16265) Reoos-22-mo INDEXED CERTIFICATE OF INTERESTED PARTIES FORM 1295 IOU Complete Nos.I-4 and 6 if there are interested parties, OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-226722 Felder Water Well&Pump Service LLC Angleton, TX United States Date Filed- Name of governmental entity or state agency that is a party to the contract for which the form is 06/21/2017 being filed. City of Corpus Christi,Texas Date Acknowledged: r Aimee A Ico rn-Reed 2017.08.0414:23:03-05'00' 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. E16265 Corpus Christi Aquifer Storage and Recovery Feasibility Study 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary Wilcox,Jo Angleton,TX United States X Felder, Dale Angleton,TX United States X Felder, Raymond Angleton,TX United States X 5 Check only it there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. NORALENNON Notary Public STATE OF TEXAS OF Commission Exp,OCT,27,2038 aof authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said _,this the :V- day of'-, 41 , 20 . to certify which,witness my hand and seal of office. /2 /A Signature of officer administering oath Printed it,of officer administering oath Title oofficer adistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx,us Version V1.0.883 CONTRACT DOCUMENTS FOR EXPLORATORY TEST DRILLING PROGRAM for CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY FEASIBILITY STUDY PROJECT NUMBER E16265 14 kwihi mommmmw minnow City Of Corpus Christi HDR Engineering, Inc. 4401 West Gate Blvd Suite 400/Austin, Texas/ 512.912.5100 [March 24, 2017] Record Drawing Number [WTR 465] Corpus ri i Aquifer Storage and Recovery Feasibility Project r �y Released for ridding '. „ and Construction: p Director of Engineering Services pate 1 I KRISTINE S,SHAW r r.................«..«...«.� If •« 93962 :wi Kristine S. Shaw., P.E. Number 93962 HDR Engineering, Inc. 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev 01-13-2016) 00 30 00 Bid Acknowledgment Form (Rev 01-13-2016) 00 30 01 Bid Form (Rev 01-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Rev 01-13-2016) 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience(Rev 06-22-2016) 00 52 23 Agreement(Rev 06-22-2016) 00 61 13 Performance Bond (Revo1-13-2016) 00 61 16 Payment Bond (Rev 01-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements(Rev 06-22-2016) 00 72 02 Wage Rate Requirements (Rev06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Rev 01-13-2016) 00 73 00 Supplementary Conditions 00 74 00 Special Conditions for the Texas Water Development Board Division 01 General Requirements 01 11 00 Summary of Work(Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures (Rev 03-11-2015) 01 29 01 Measurement and Basis for Payment (Rev 01-13-2016) 01 31 00 Project Management and Coordination (Rev 01-13-2016) 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation Table of Contents 000100-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Division/ Title Section Division 01 General Requirements(continued) 01 35 00 Special Procedures 01 40 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications None Part T Technical Specifications Division 01 General Requirements 01 30 00 Special Conditions 01 35 05 Environmental Protection and Special Controls 017413 Cleaning Division 31 Earthwork 31 10 00 Site Clearing 31 23 00 Earthwork Division 32 Exterior Improvements 32 91 13 Topsoiling and Finished Grading 32 92 00 Seeding Division 33 Utilities 33 21 31 Gravel Pack Wells Appendix Title 1 General Site Hydrogeology Site Plan (Note: Includes seven drawings total, one site map showing all potential 2 test site locations and six drawings for each of the priority and alternate test site locations) 3 Well Construction Diagrams END OF SECTION Table of Contents 000100-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the exploratory test drilling program for the following Project: Corpus Christi Aquifer Storage and Recovery Feasibility Study Prosect No. E16265 The City of Corpus Christi (City) and Corpus Christi Aquifer Storage and Recovery Conservation District (District) are seeking drilling services for an ongoing study to determine aquifer storage and recovery(ASR)feasibility for water supply resiliency and cost-effective long term regional water supply. The exploratory test drilling program will occur in the vicinity of TX-44E and S Padre Island Drive. The geologic setting is the unconsolidated Gulf Coast aquifer system, more specifically the lower Chicot Aquifer and upper Evangeline Aquifer at depths ranging from 400 to 1,200 feet below land surface. The exploratory test drilling program consists of: • Initial evaluation (Phase 1)to include drilling a 9-7/8 inch diameter borehole or less and completing downhole geophysics and lithology classifications to a depth of 1,200 feet at a minimum of three test site locations. The geophysical suite will consist of natural gamma ray, electrical resistivity, spontaneous potential, sonic and caliper testing. • Expanded evaluation (Phase 11)to include core-barrel soil coring, interval pumping tests, and water quality sampling for up to three, 150 foot thick intervals where observed geology appears favorable for ASR based on initial Phase I results. For the expanded evaluation, a separate borehole will be drilled adjacent to Phase I location to maximum depth of 1,200 feet. Borehole diameter will be about 12-1/4 inches to accommodate a temporary 6-inch diameter well for interval testing. Interval testing will include step- drawdown test, constant rate test, and recovery monitoring. This study includes both Base Bid and Additive Alternate Bid Items. Price estimates for all fields included on the Bid Form must be provided for eligibility. Depending on the geology observed in the field, a decision may be made in the field whether to continue the initial Phase I evaluation at other locations or to begin the expanded Phase 11 evaluation. Drillers will need to be Invitation to Bid and Instructions to Bidders 002113-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 prepared to install permanent monitoring wells in the Phase I or Phase II boreholes after testing is complete. This project is partially funded with a grant from the Texas Water Development Board (TWDB Contract No. 1600011956)through General Revenue appropriations by the 8411 Texas Legislature. The special conditions and reporting requirements to be included in Contract Documents as a condition of the grant is included in SECTION 00 74 00. 2.02 The Engineer's Estimate of Cost for the Project is$882,395 for Base Bid work. The Project is to be substantially complete and ready for operation within 133 calendar days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. Additional time may be allotted in schedule for Additive Alternate items authorized by Owner. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3—DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2 PM on Wednesday, May 10, 2017 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -Corpus Christi Aquifer Storage and Recovery Feasibility Study Project No. E16265 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at 2 PM on Wednesday, May 10,2017, at the following location: Invitation to Bid and Instructions to Bidders 002113-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 City Hall Building—City of Corpus Christi Third Floor Parks and Recreation Department Smart Board Conference Room 1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory but highly encouraged pre-bid conference for the Project will be held on Tuesday.April 111h at 1:00 PM at the following location: City Hall Building—Engineering Services Smart Board Conference Room 3rd floor, Engineering Services 1201 Leopard Street Corpus Christi,Texas 78401 Immediately following the brief pre-bid conference will be a field trip to the test sites shown on the Site Plan located in Appendix 2. Field trip will begin at Site No. 1. ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. Invitation to Bid and Instructions to Bidders 002113-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 D. Notify the Owner's Authorized Representative (OAR) of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data, that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Engineer (HDR Engineering, Inc)will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Engineer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified Invitation to Bid and Instructions to Bidders 002113-4 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in Article 7 above. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent(5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. Invitation to Bid and Instructions to Bidders 002113-5 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. Invitation to Bid and Instructions to Bidders 002113-6 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the Owner's Project Team (OPT) and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder for Base Bid total that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16—MINORITY/MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE/ DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/ MBE/ DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 20%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 10%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. Invitation to Bid and Instructions to Bidders 002113-7 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 14 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process, the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, Invitation to Bid and Instructions to Bidders 002113-8 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. Invitation to Bid and Instructions to Bidders 002113-9 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 K. Failure of Bidder to demonstrate, through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources, workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113-10 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by (type or print name of company) on Wednesday, May 10, 2017 at 2 PM for Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265). 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -Corpus Christi Aquifer Storage and Recovery Feasibility Study, Project No. E16265 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt Bid Acknowledgement Form 003000-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the Site-related drawings as identified in Appendix 1 and 2 and the Supplementary Conditions. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Bid Acknowledgement Form 003000-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents for: Base Bid Total $ Additive Alternate $ The Bidder selected for award of the Contract will be either the Lowest Responsible Bidder or the Bidder who provides the Best Value for the Owner that submits a responsive Bid. All items must be priced for bid to be considered responsive. Owner will, at its discretion, award the contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates or to the Bidder who provides the Best Value for the Owner. 4.02 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid, the Bidder's responsibility, the Bidder's safety record, the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder. The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids, or to reject non-conforming, non-responsive or conditional Bids. In addition, the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for Bid Acknowledgement Form 003000-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 133 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 30days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bid Acknowledgement Form 003000-4 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. Bid Acknowledgement Form 003000-5 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: (typed or printed full legal name of Bidder) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Attest: (individual's signature) State of Residency: Federal Tax Id. No. Address for giving notices: Phone: Email: (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 00 30 01 BID FORM Project Name: Corpus Christi Aquifer Storage and Recovery Feasibility Study Project Number: E16265 Owner: City of Corpus Christi Bidder: OAR: Engineer: HDR Engineering, Inc. Basis of Bid Item DESCRIPTION UNITESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) A-1 Mobilization and Demobilization Lump 1 A-2 Bonds and Insurance Lump 1 A-3 Drill Site Preparation Each 3 Drill Rig Setup for Phase I Boreholes and Moving A-4 Between Drilling Sites Each 3 Drill Rig Setup for Phase 11 Boreholes and Moving A-5 Between Drilling Sites Each 3 A-6 Drilling Phase I Borehole Foot 3600 A-7 Geophysical Logging in Phase I Borehole Each 3 A-8 Plug Phase I Borehole Foot 3600 A-9 Drilling Phase 11 Borehole Foot 3600 A-10 Coring Phase 11 Borehole Foot 360 A-11 Providing and Installing Temporary Wells Foot 7,350 A-12 Well Development of Temporary Wells Each 9 A-13 Performing Interval Testing Each 9 A-14 Plug Phase 11 Borehole Foot 3600 Environmental Controls and Site Cleanup and A-15 Restoration Each 3 A-16 I Driller Report and Mud Logger Report Each 6 SUBTOTAL PART A-GENERAL(Items A-1 thru A-16) Alternates Part B-ADDITIVE ALTERNATES(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) B-1a Providing and Installing Permanent Monitoring Well in Phase I Boreholes: SCH80 PVC well up to 600 FT Foot 600 Providing and Installing Permanent Monitoring Well in B-1b Phase I Boreholes: SCH10 Type 304 stainless steel well greater than 600 FT Foot 1200 Providing and Installing Permanent Monitoring Well in B 2a Phase 11 Boreholes: SCH80 PVC well up to 600 FT Foot 600 Bid Form Page 1 of 2 Corpus Christi Aquifer Storage and Recovery Feasibility Study-E16265 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNITESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Providing and Installing Permanent Monitoring Well in B-2b Phase II Boreholes: SCH10 Type 304 stainless steel well greater than 600 FT Foot 1200 B-3 Monitoring Well Development Each 1 B-4 Drill Site Preparation for Alternative Sites Each 1 B-5 Drill Rig Setup for Alternative Phase I Boreholes and Moving Between Drilling Sites Each 1 B-6 Drilling Alternative Phase I Borehole Foot 1200 B-7 Geophysical Logging in Alternative Phase I Borehole Each 1 B-8 Plug Alternative Phase I Borehole Foot 1200 B-9 Prepare and Submit Well Reports Each 1 B-10 lGrubbing and Clearing at Drilling Site No. 4 Lump 1 B-11 ISoil Hauling and Disposal Load 1 SUBTOTAL PART B-ALTERNATES (B-1 THRU B-11) BID SUMMARY TOTAL PROJECT BASE BID(Items A-1 thru A-16) TOTAL PROJECT ADDITIVE ALTERNATE (Items B-1 thru B-11) Contract Times Bidder agrees to reach Substantial Completion for Base Bid items in 1 133 Idays Bidder agrees to reach Final Completion in 1 163 Idays Note: Additional days may be awarded for Additive Alternate items per City directives and will be negotiated with Driller prior to commencing field effort. Award will be based on qualified low bidder of Base Bid total subject to bid responsiveness and additional City provisions. See 00 2113 for additional details. Bid Form Page 2 of 2 Corpus Christi Aquifer Storage and Recovery Feasibility Study-E16265 Rev 01-13-2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Bidder (includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: (typed or printed) By: (signature--attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone: Email: END OF SECTION Compliance to State Law on Nonresident Bidders 003002-1 [Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 This page intentionally left blank. 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BYCTr'Y-- PURCHASING DIVISION ~ f CITY OF CORPUS CHRISTI City of Carpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P.O.BOX: STREET ADDRESS: CITY: ZIP: - FIRM IS: 1. Corporation 8 2. Partnership 8 3. Sole Owner ❑ 4. Association S. 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 01-13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general 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: 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 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Corpus Christi Aquifer Storage and Recovery Feasibility Study Prosect No. E16265 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: (typed or printed) By: (signature--attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone: Email: END OF SECTION Non-Collusion Certification 003006-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 This page intentionally left blank. 00 45 16 STATEMENT OF EXPERIENCE ARTICLE 1—REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of Experience within 5 days after the date Bids are due to demonstrate the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify, enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included in an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement, prepared no later than 90 days prior to the City Engineer's request, signed and dated by the Bidder's owner, president or other authorized party, specifying all current assets and liabilities. ARTICLE 2—EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. 2.02 If none of the three apparent low Bidders are deemed responsible, the Owner may notify the next apparent low Bidders in order, who will then be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or a proposed Subcontractor in response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide resumes for the key personnel that will be actively working on this Project. A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of Statement of Experience 004516-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience, education and formal training and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements should also be included. D. The Project Manager and Project Superintendent must have at least 5 years of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials, safety, coordination of Subcontractors, experience with the submittal process, Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization. A. Provide information on projects that have been awarded to the Organization in the last 5 years in Table 3. Attach additional pages if necessary. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder, the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work, the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced, the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering and any non-responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. ARTICLE 3—SAFETY EXPERIENCE REQUIREMENTS 3.01 The Bidder agrees that pursuant to Section 252.0435 of the Local Government Code, the Owner will consider the safety record of the Bidder prior to awarding contracts. The Owner has adopted the following written definitions and criteria for determining the Bidder's safety record. 3.02 The Bidder's safety record will be used to determine if the Bidder can be deemed responsible. 3.03 Provide general information about the safety record of the organization as required in Table 4. A. For purposes of providing this information, the following terms shall have the following meanings: 1. "Bidder" includes the firm, corporation, partnership, or other legal entity represented by the Bidder or anyone acting for such firm, corporation, partnership, or other legal entity submitting the bid. 2. "Citations" include notices of violation, notices of enforcement, suspension/revocation of state or federal licenses or registrations, fines assessed pending criminal complaints, indictments, convictions, administrative orders, draft orders, final orders, and judicial final judgments. Notice of Violations and Notice of Enforcement received from the TCEQ shall include those classified as major violations and Statement of Experience 004516-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 moderate violations under the TCEQ's regulations for documentation of Compliance History, 30 Texas Administrative Code, Chapter 60.2 (c) (1) and (2). 3. "Environmental Protection Agency" includes, but is not limited to the Texas Commission on Environmental Quality(the "TCE(X"), the United States Environmental Protection Agency(the "EPA"), the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, the Texas Department of State Health Services, the Texas Parks and Wildlife Department, the Structural Pest Control Service, agencies of local governments responsible for enforcing environmental protection laws or regulations, and similar regulatory agencies of other states of the United States. B. In determining the responsibility of the Bidder, the Owner will consider the following in regards to Table 4: 1. Whether the Bidder's response in reveals more than two (2) cases in which final orders have been entered by the Occupational Safety and Health Review Commission (the "OSHRC") against the Bidder for serious violations of Occupational Safety and Health Administration ("OSHA") regulations within the past five (5)years. 2. Whether the Bidder's response reveals more than one (1) case in which Bidder has received a citation or for which final orders have been entered from an environmental protection agency for violations within the past five (5) years. 3. Whether the Bidder's response reveals that the Bidder has been convicted of a criminal offense or has been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death, within the past ten (10)years. C. The Owner may consider the responses to each question in Table 4 separately when determining the responsibility of the Bidder.The Owner may also consider the cumulative impact of the information generated by the Bidder's responses. ARTICLE 4—PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OF THE BIDDER TO PROVIDE SUBCONTRACTING OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY, MBE,AND DBE PARTICIPATION IN THE PROJECT. LIST ALL WORK TO BE PERFORMED BY QUALIFIED MINORITY, MBE AND DBE-PROPOSED SUBCONTRACTORS OR SUPPLIERS IN TABLE S. INCLUDE PERCENTAGES OF WORK SUBCONTRACTED TO EACH TO DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOALS.STATEMENT OF EXPERIENCE REQUIREMENTS 4.01 Provide one printed copy of the Statement of Experience using the referenced tables and narrative descriptions as described in Article 2. Pages are to be 8-1/2 x 11 pages using a minimum font size of 10. A limited number of 11 x 17 sheets may be used, and must be folded to the size of an 8-1/2 x 11 page. 4.02 Provide a digital copy of the Statement of Experience in Portable Document Format(PDF) on a CD, portable drive, or other digital recording device. This digital copy is to include all information required to evaluate the Bid and should match the content of the printed copy of the Bid. When creating the digital copy: A. Create PDF documents from native format files. B. Rotate pages so that the top of the document appears at the top of the file when opened in PDF viewing software. C. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the original documents. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. D. Submit color PDF documents if color is used in the printed version of the documents. Statement of Experience 004516-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Table 1—Organization Information Organization doing business as: Business Address of Principal Office Telephone No. I Website Form of Business (check one) ❑ Corporation ❑ Partnership ❑ Individual If a Corporation State of Incorporation Date of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnership Date of Organization Form of Partnership: ❑ General ❑ Limited If an Individual Name Ownership of Organization List of companies, firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees Average estimate of revenue for the current year Statement of Experience 004516-4 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Table 1—Organization Information Organization doing business as: Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year EMR Year EMR Year EMR Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim,the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. Statement of Experience 004516-5 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Table 2—Project Information Organization doing business as: Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager Superintendent Safety Manager Quality Control Manager Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work(based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Estimated Percentage Work of Contract Price Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25%or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year EMR Year EMR Year EMR Subcontractor Year EMR Year EMR Year EMR Statement of Experience 004516-6 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-7 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-8 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-9 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five (5)years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes.The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes.The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. Has the Bidder, within the past ten (10) years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder.The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? ❑Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? ❑Yes ❑ No 3 Does the Bidder have an active construction safety training program? ❑Yes ❑ No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. Scaffolding ❑ Yes ❑ No ❑ N/A B. Excavation ❑ Yes ❑ No ❑ N/A C. Cranes& Hoists ❑ Yes ❑ No ❑ N/A D. Electrical ❑ Yes ❑ No ❑ N/A Statement of Experience 004516-10 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: E. Fall Protection ❑ Yes ❑ No ❑ N/A F. Confined Spaces ❑ Yes ❑ No ❑ N/A G. Material Handling ❑ Yes ❑ No ❑ N/A H. Demolition ❑ Yes ❑ No ❑ N/A I. Steel Erection ❑ Yes ❑ No ❑ N/A J. Underground Construction ❑ Yes ❑ No ❑ N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification 5 System ("NAICS") Category 23 for each of the past five (5)years? Provide the ❑Yes ❑ No Bidder's OSHA 300 and 300A logs for the past five (5)years in a separate attachment. Does the Bidder have an experience modifier rate of 1.0 or less? Provide the 6 Bidder's NCCI workers' compensation experience rating sheets for the past five (5) ❑Yes ❑ No years in a separate attachment. Has the Bidder had any OSHA inspections within the past six(6) months? Provide 7 documentation showing the nature of the inspection, the findings, and the ❑Yes ❑ No magnitude of the issues in a separate attachment if yes. Statement of Experience 004516-11 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Table 5—Demonstrated Minority, MBE, DBE Participation Organization doing business as Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority/ MBE/ DBE Participation Policy Name Work to be Provided Estimated %of Contract Price Statement of Experience 004516-12 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 ARTICLE 5—CERTIFICATION 5.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: (typed or printed) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Designated Representative: Name: Title: Address: Telephone No.: Email END OF SECTION Statement of Experience 004516-13 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 This page intentionally left blank. 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: Corpus Christi Aquifer Storage and Recovery Feasibility Study Prosect No. E16265 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: HDR Engineering Inc. 4401 West Gate Blvd,Suite 400 Austin,TX 78745 2.02 The Owner's Authorized Representative for this Project is: Mr. Kent Power, P.E. Acting Assistant Director of Construction-Engineering Services 1201 Leopard St. Corpus Christi,Texas,78401 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 133 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 163 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Agreement 005223-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$750 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$750 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 $ Additive Alternate $ 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 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 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 5.02.13, 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. 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 005223-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 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 005223-4 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 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 SECTION 00 74 00-Special Conditions for the Texas Water Development Board 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. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 005223-5 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 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 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 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. Project name and number: Telephone(main number): Corpus Christi Aquifer Storage and Recovery Telephone(for notice of claim): Feasibility Study Prosect No. E16265 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 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 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 some 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 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 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. Project name and number: Telephone(main number): Corpus Christi Aquifer Storage and Recovery Feasibility Study Telephone(for notice of claim): Prosect No. E16265 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 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 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 some 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 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev.01-13-2016 00 72 00 GENERAL CONDITIONS Table of Contents Page Article 1—Definitions and Terminology.......................................................................................................6 1.01 Defined Terms...............................................................................................................................6 1.02 Terminology................................................................................................................................11 Article 2—Preliminary Matters...................................................................................................................12 2.01 Delivery of Bonds and Evidence of Insurance.............................................................................12 2.02 Copies of Documents..................................................................................................................13 2.03 Before Starting Construction ......................................................................................................13 2.04 Preconstruction Conference; Designation of Authorized Representatives................................13 Article 3—Contract Documents: Intent, Requirements, Reuse.................................................................13 3.01 Intent...........................................................................................................................................13 3.02 Reference Standards...................................................................................................................15 3.03 Reporting and Resolving Discrepancies......................................................................................15 3.04 Interpretation of the Contract Documents.................................................................................16 3.05 Reuse of Documents...................................................................................................................16 Article 4—Commencement and Progress of the Work..............................................................................16 4.01 Commencement of Contract Times; Notice to Proceed.............................................................16 4.02 Starting the Work........................................................................................................................16 4.03 Progress Schedule.......................................................................................................................17 4.04 Delays in Contractor's Progress..................................................................................................17 Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions...................................................................................................................................................18 5.01 Availability of Lands....................................................................................................................18 5.02 Use of Site and Other Areas........................................................................................................18 5.03 Subsurface and Physical Conditions............................................................................................19 5.04 Differing Subsurface or Physical Conditions...............................................................................19 5.05 Underground Facilities................................................................................................................21 5.06 Hazardous Environmental Conditions at Site.............................................................................22 Article 6—Bonds and Insurance .................................................................................................................24 6.01 Performance, Payment, and Other Bonds..................................................................................24 6.02 Licensed Sureties ........................................................................................................................24 General Conditions 007200- 1 Corpus Christi Standards-Regular Projects 03-23-2015 6.03 Insurance.....................................................................................................................................25 Article 7—Contractor's Responsibilities.....................................................................................................25 7.01 Supervision and Superintendence..............................................................................................25 7.02 Labor; Working Hours.................................................................................................................25 7.03 Services, Materials, and Equipment ...........................................................................................26 7.04 Concerning Subcontractors, Suppliers, 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 to wage rates for job classifications as agreed to by Owner. Where the Cost of the Work is being used under provisions of Paragraph 13.01.A.2, rates paid for this Work are to be the same as paid for Contract Work as established by certified payroll. Payroll costs may include: a. Actual costs paid for salaries and wages; b. Actual cost paid for fringe benefits, which may include: 1) Social security contributions, General Conditions 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 13.02.13.1 and 13.02.13.2 above are included in the Contract Price. C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by Contractor for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by Contractor for Work covered by the allowance and this Work is included on the Application for Payment. 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 007200-46 Corpus Christi Standards-Regular Projects 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 007200-47 Corpus Christi Standards-Regular Projects 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 007200-48 Corpus Christi Standards-Regular Projects 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 007200-49 Corpus Christi Standards-Regular Projects 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 007200-50 Corpus Christi Standards-Regular Projects 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; g. Liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or completion of the Work; h. Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of these Liens; i. Owner has been notified of failure to make payments to Subcontractors, Suppliers, or Employees; j. Failure to submit up-to-date record documents as required by the Contract Documents; k. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; I. Failure to provide Project photographs required by the Contract Documents; m. Failure to provide Certified Payroll required by the Contract Documents; n. Compensation for OPT for overtime charges of OAR or RPR, third review of documents, review of substitutions, re-inspection fees, inspections or designs related to correction of Defective Work, or other services identified as requiring payment by the Contractor; General Conditions 007200-51 Corpus Christi Standards-Regular Projects 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; p. OPT has actual knowledge of the occurrence of events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents with associated cost impacts; q. Other items entitling Owner to a set-off against the amount recommended; or 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 007200-52 Corpus Christi Standards-Regular Projects 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 007200-53 Corpus Christi Standards-Regular Projects 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 15.08.13 corrected if Contractor does not comply with the terms of OAR's instructions, or in an emergency where delay would cause serious risk of loss or damage. 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 007200-54 Corpus Christi Standards-Regular Projects 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 007200-55 Corpus Christi Standards-Regular Projects 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 007200-56 Corpus Christi Standards-Regular Projects 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 007200-57 Corpus Christi Standards-Regular Projects 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 007200-58 Corpus Christi Standards-Regular Projects 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 007200-59 Corpus Christi Standards-Regular Projects 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 007200-60 Corpus Christi Standards-Regular Projects 03-23-2015 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability/ $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ® Required ❑ Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation >3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required ® Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required ®Not Required Insurance Requirements 00 72 01-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev06-22-2016 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to Insurance Requirements 00 72 01-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev06-22-2016 meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; Insurance Requirements 00 72 01-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev06-22-2016 f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owners Indemnitees as defined in Article 1 of the General Conditions; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The Insurance Requirements 00 72 01-4 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev06-22-2016 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by Insurance Requirements 00 72 01-5 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev06-22-2016 endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable Insurance Requirements 00 72 01-6 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev06-22-2016 property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.06 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 00 72 01-7 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev06-22-2016 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out (redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted Insurance Requirements 00 72 01-8 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev06-22-2016 directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor,transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; Insurance Requirements 00 72 01-9 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev06-22-2016 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 00 72 01-10 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev06-22-2016 00 72 02 WAGE RATE REQUIREMENTS ARTICLE 1—PREVAILING WAGE RATE REQUIREMENTS 1.01 PAYMENT OF PREVAILING WAGE RATES A. Contractor and any Subcontractors employed on this Project shall pay not less than the rates established by the Owner as required by Texas Government Code Chapter 2258. B. Contractor is required to pay Davis-Bacon Wage Rates. 1.02 RECORDS A. In accordance with Tex. Gov't Code §2258.024, the Contractor and its Subcontractors, if any, shall keep a record showing: 1. The name and occupation of each worker employed by the Contractor or Subcontractor in the construction of the Work; and 2. The actual per diem wages paid to each worker. B. The record shall be open at all reasonable hours to inspection by the officers and agents of the Owner. 1.03 LIABILITY; PENALTY; CRIMINAL OFFENSE A. Tex. Gov't Code §2258.003—Liability: An officer, agent, or employee of the Owner is not liable in a civil action for any act or omission implementing or enforcing Chapter 2258 unless the action was made in bad faith. B. Tex. Gov't Code §2258.053(b)—Penalty: Any Contractor or Subcontractor who violates the requirements of Chapter 2258, shall pay to the Owner, on whose behalf the Contract is made, $60 for each worker employed or each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. C. Tex. Gov't Code §2258.058—Criminal Offense: 1. An officer, agent, or representative of the Owner commits an offense if the person willfully violates or does not comply with a provision of Chapter 2258. 2. Any Contractor or Subcontractor, or an agent or representative of the Contractor or Subcontractor, commits an offense if the person violates Tex. Gov't Code §2258.024. 3. An offense is punishable by: a. A fine not to exceed $500; b. Confinement in jail for a term not to exceed 6 months; or C. Both a fine and confinement. 1.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Rate Requirements 007202-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) REV 06-12-2015 Wage Determination Construction Type Project Type (WD) No TX-31 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) General Decision Number:TX170031 01/06/2017 TX31 Superseded General Decision Number:TX20160031 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$10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 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$10.20 per hour(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 2017.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 01/06/2017 * SUTX1987-001 12/01/1987 Rates Fringes CARPENTER (Excluding Form Setting)......................... $ 9.05 Concrete Finisher................ $ 7.56 ELECTRICIAN...................... $ 13.37 2.58 Laborers: Common...................... $ 7.25 Utility..................... $ 7.68 Power equipment operators: Backhoe..................... $ 9.21 Motor Grader................ $ 8.72 ---------------------------------------------------------------- WELDERS- Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Wage Rate Requirements 007202-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) REV 06-12-2015 Note: Executive Order(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care;to assist a family member(or person who is like family to the employee)who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 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)). ---------------------------------------------------------------- END OF SECTION Wage Rate Requirements 007202-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) REV 06-12-2015 This page intentionally left blank. 00 72 03 MINORITY/ MBE/ DBE PARTICIPATION POLICY ARTICLE 1—PARTICIPATION POLICY 1.01 POLICY A. It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities,women, and Minority Business Enterprises (MBE)to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October 1989, and any amendments thereto. In accordance with such policy,the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 1.02 DEFINITIONS A. Prime Contractor: Any person, firm, partnership, corporation, association, or joint venture as herein provided which has been awarded a City contract. B. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials, or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned: a. For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. b. For an enterprise doing business as a partnership, at least 51 percent of the assets or interest in the partnership property must be owned by one or more minority person(s). c. For an enterprise doing business as a corporation, at least 51 percent of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled: a. The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments: a. Minority partners, proprietors, or stockholders of the business enterprise, must be entitled to receive 51 percent or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. Minority/MBE/DBE Participation Policy 007203- 1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 D. Minority: Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this policy,women are also considered as minorities. E. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51 percent of whose assets or partnership interests are owned by one or more women, or a corporation at least 51 percent of whose assets or interests in the corporate shares are owned by one or more women. F. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the Work to be performed by the joint venture. For example, a joint venture which is to perform 50 percent of the Work itself and in which a minority joint venture partner has a 50 percent interest, shall be deemed equivalent to having minority participation in 25 percent of the Work. Minority members of the joint venture must have financial, managerial, or technical skills in the Work to be performed by the joint venture. 1.03 GOALS A. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction Work for the Contract award shall be as specified in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS. B. These goals are applicable to all the construction work(regardless of federal participation) performed in the Contract, including approved Change Orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 1.04 COMPLIANCE A. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. B. Make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. END OF SECTION Minority/MBE/DBE Participation Policy 007203-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi,Texas HDR Engineering, Inc. B. Paragraph 1.01.A.54"Substantial Completion" is more specifically defined for this Project as: 1. The following items are fully functional and suitable for operation in accordance with the Contract Documents: a. Boreholes are abandoned; b. Additive Alternate items and any associated time extension, if applicable, will be negotiated prior to commencing field program: 1) Permanent monitoring wells have surface completions; 2) Permanent monitoring wells have been developed; C. All of Contractor's equipment, supplies, and trash has been removed from the drilling sites; d. Drilling sites have been graded and topsoil restored to previous conditions; and e. All soil disturbances in non-agricultural areas have been seeded and stabilized for erosion control. 2. Only the following items not yet complete in accordance with the Contract Documents: a. Contractor will provide notice to Engineer when site has been restored and project is considered substantially complete. Owner will verify that site has been satisfactorily restored to pre-construction conditions and issue notice of acceptability. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS Rain days are not applicable to the Work. In the event of a rare, extreme weather event that threatens the safety or well-being of personnel, CONTRACTOR with notify ENGINEER. Supplementary Conditions 007300-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 ENGINEER will then report to OWNER and stop work immediately until safety threat passes. CONTRACTOR and ENGINEER will modify field schedule to make-up for time lost at no impact to substantial completion schedule. ARTICLE 5—AVAILABILITY OF LANDS;SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: None. 2. Refer to Appendix 1 for a generalized geologic section of the area for driller consideration in developing an understanding of drilling conditions likely to be encountered and/or determining appropriate equipment. SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE 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 007300-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 00 74 00 SPECIAL CONDITIONS FOR THE TEXAS WATER DEVELOPMENT BOARD ARTICLE 1—GENERAL 1.01 FUNDING AGENCY REQUIREMENTS A. This Project is funded in whole or in part by The Texas Water Development Board (Funding Agency). The Funding Agency requires specific conditions and reporting as a condition for providing this funding. The conditions and reporting forms of the Funding Agency are included in the Contract Documents. The Funding Agency requirements govern in the event of any conflict between the Funding Agency requirements and any other provision of the Contract Documents. B. The applicable Funding Agency conditions and reporting forms are as follows: Specification Title Funding Agency Section Document No. 1.02 Reimbursement and Accounting 1.03 Funding Agency Requirements for TWDB Contract 00 74 00 Subcontracts No. 1600011956 1.04 General Terms and Conditions to be included in Subcontracts 01 29 00 1.08 Procedures for Submitting an Application for TWDB Contract Payment No. 1600011956 1.02 REIMBURSEMENT AND ACCOUNTING A.The OWNER is fully responsible for paying all charges by subcontractors prior to reimbursement by the TWDB. B.The SUBCONTRACTOR shall maintain satisfactory financial accounting documents and records, including copies of invoices and receipts, and shall make them available for examination and audit by the Texas Water Development Board. Accounting shall be in a manner consistent with Generally Accepted Accounting Principles. C. For travel expenses for SUBCONTRACTORS— 1. Names, dates, work locations, time periods at work locations, itemization of subsistence expenses of each employee, limited, however, to travel expenses authorized for state employees by the General Appropriations Act, Tex. Leg. Regular Session, 2015, Article IX, Part 5, as amended or superseded. Receipts required for lodging and meals; 2. Copies of invoices or tickets for transportation costs or, if not available, names, dates, and points of travel of individuals; and 3. All other reimbursable travel expenses -- invoices or purchase vouchers showing reason for expense with receipts to evidence the amount incurred. Special Conditions for the Texas Water Development Board 007400-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 4. The Subcontractor is responsible for any food or entertainment expenses incurred by its own organization, outside that of the travel expenses authorized and approved by the State of Texas per conditions described above. 1.03 FUNDING AGENCY REQUIREMENTS FOR SUBCONTRACTS A. Each Subcontract entered into to perform work associated with this Project shall contain the following provisions: 1. a detailed budget estimate with specific cost details for each task or specific item of work to be performed by the Subcontractor and for each category of reimbursable expenses; 2. a clause stating that the Subcontract is subject to audit by the Texas State Auditor's Office and requiring the Subcontractor to cooperate with any request for information from the Texas State Auditor, as further described in 1.03 General Terms and Conditions, Paragraph d hereof; 3. a clause stating that payments under the Subcontract are contingent upon the appropriation of funds by the Texas Legislature, as further described in 1.03 General Terms and Conditions, Paragraph a hereof; 4. a clause stating that ownership of data, materials and work papers, in any media, that is gathered, compiled, adapted for use, or generated by the Subcontractor or the CONTRACTOR shall become data, materials and work owned by the TWDB and that Subcontractor shall have no proprietary rights in such data, materials and work papers; 5. a clause stating that Subcontractor shall keep timely and accurate books and records of accounts according to generally acceptable accounting principles as further described in General Terms and Conditions, Paragraph g; 6. a clause stating that Subcontractor is solely responsible for securing all required licenses and permits from local, state and federal governmental entities and that Subcontractor is solely responsible for obtaining sufficient insurance in accordance with the general standards and practices of the industry or governmental entity; and 7. a clause stating that Subcontractor is an independent contractor and that the TWDB shall have no liability resulting from any failure of Subcontractor that results in breach of CONTRACT, property damage, personal injury or death. 1.04 GENERAL TERMS AND CONDITIONS TO BE INCLUDED IN SUBCONTRACTS A. No Debt Against the State. The SUBCONTRACT Agreement shall not be construed as creating any debt by or on behalf of the State of Texas and the TWDB, and all obligations of the State of Texas are subject to the availability of funds. To the extent the performance of this SUBCONTRACT transcends the biennium in which this SUBCONTRACT is entered into, this SUBCONTRACT is specifically contingent upon the continued authority of the TWDB and appropriations therefore. B. Independent Contractor. Both parties hereto, in the performance of this contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or Special Conditions for the Texas Water Development Board 007400-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. C. Procurement Laws. The SUBCONTRACTOR shall comply with applicable State of Texas procurement laws, rules and policies, including but not limited to competitive bidding and the Professional Services Procurement Act, Government Code, Chapter 2254, relating to contracting with persons whose services are within the scope of practice of: accountants, architects, landscape architects, land surveyors, medical doctors, optometrists, professional engineers, real estate appraisers, professional nurses, and certified public accountants. D. Right to Audit. The SUBCONTRACTOR shall maintain all financial accounting documents and records, including copies of all invoices and receipts for expenditures, relating to the work under this CONTRACT. The CONTRACTOR shall make such documents and records available for examination and audit by the EXECUTIVE ADMINISTRATOR or any other authorized entity of the State of Texas. The CONTRACTOR'S financial accounting documents and records shall be kept and maintained in accordance with generally accepted accounting principles. By executing this CONTRACT, the CONTRACTOR accepts the authority of the Texas State Auditor's Office to conduct audits and investigations in connection with all state funds received pursuant to this CONTRACT. The CONTRACTOR shall comply with directives from the Texas State Auditor and shall cooperate in any such investigation or audit. The CONTRACTOR agrees to provide the Texas State Auditor with access to any information the Texas State Auditor considers relevant to the investigation or audit. The CONTRACTOR also agrees to include a provision in any Subcontract related to this CONTRACT that requires the Subcontractor to submit to audits and investigation by the State Auditor's Office in connection with all state funds received pursuant to the Subcontract. E. Force Maieure. Unless otherwise provided, neither the CONTRACTOR nor the TWDB nor any agency of the State of Texas, shall be liable to the other for any delay in, or failure of performance, of a requirement contained in this CONTRACT caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, strike, fires, explosions, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing with proof of receipt within two (2) business days of the existence of such force majeure or otherwise waive this right as a defense. END OF SECTION Special Conditions for the Texas Water Development Board 007400-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 This page intentionally left blank. 011100 SUMMARY OF WORK 1.00 GENERAL 1.01 WORK INCLUDED A. Construct Work as described in the Contract Documents. 1. Provide the materials, equipment, and incidentals required to make the Project completely and fully useable. 2. Provide the labor, equipment, tools, and consumable supplies required for a complete Project. 3. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OAR. 1.02 DESCRIPTION OF WORK A. Work is described in general, non-inclusive terms as: Corpus Christi Aquifer Storage and Recovery Feasibility Study Prosect No. E16265 The City of Corpus Christi (City) and Corpus Christi Aquifer Storage and Recovery Conservation District (District) are seeking drilling services for an ongoing study to determine aquifer storage and recovery(ASR)feasibility for water supply resiliency and cost-effective long term regional water supply. The exploratory test drilling program will occur in the vicinity of TX-44E and S Padre Island Drive. The geologic setting is the unconsolidated Gulf Coast aquifer system, more specifically the lower Chicot Aquifer and upper Evangeline Aquifer at depths ranging from 400 to 1,200 feet below land surface. The exploratory test drilling program consists of: • Initial evaluation (Phase 1)to include drilling a 9-7/8 diameter borehole or less and completing downhole geophysics and lithology classifications to a depth of 1,200 feet at a minimum of three test site locations. The geophysical suite will consist of natural gamma ray, electrical resistivity, spontaneous potential, sonic and caliper testing. • Expanded evaluation (Phase 11)to include core-barrel soil coring, interval pumping tests, and water quality sampling for up to three, 150 foot thick intervals where observed geology appears favorable for ASR based on initial Phase I results. For the expanded evaluation, a separate borehole will be drilled adjacent to Phase I location to maximum depth of 1,200 feet. Borehole diameter will be about 12-1/4 inches to accommodate temporary 6-inch diameter well for interval testing. Interval testing will include step- drawdown test, constant rate test, and recovery monitoring. Summary of Work 011100-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 This study includes both Base Bid and Additive Alternate Bid Items. Price estimates for all fields included on the Bid Form must be provided for eligibility. Depending on the geology observed in the field, a decision may be made in the field whether to continue the initial Phase I evaluation at other locations or to begin the expanded Phase II evaluation. Drillers will need to be prepared to install permanent monitoring wells in the Phase I or Phase II boreholes after testing is complete. This project is partially funded with a grant from the Texas Water Development Board (TWDB Contract No. 1600011956)through General Revenue Appropriations by the 8411 Texas Legislature. The special conditions and reporting requirements to be included in Contract Documents as a condition of the grant is included in Section 00 74 00. 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. None. 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. None. 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. The driller will be responsible for supplying its own power for drilling activities. B. An approved water source will be provided by the Owner for drilling. The driller will responsible for obtaining water meter(s)from the Owner and pay a deposit at$600 per Summary of Work 011100-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 water meter. Upon return to the owner, the driller will be refunded $590 per meter. The driller is responsible for care and return of the meters. C. The driller will be able to use nearby fire hydrants directly or to fill up water trucks at no cost to the driller. Water trucks will be supplied by Contractor. 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 011100-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 This page intentionally left blank. 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. Alternates: 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate, and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option of the Owner. 5. Owner may incorporate these alternates in the Contract when executed, or may issue a Change Order to incorporate these alternates within 120 days at the prices offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days or other designated time period to negotiate a new price for incorporating the Work into the Project. B. Allowances: 1. Include specified allowance amount in the Contract Price. 2. The amount of each allowance includes: a. The cost of the product to the Contractor less any applicable trade discounts. b. Delivery to the Site. C. Applicable taxes. 3. Include in the Contract Price all costs for: a. Handling at the Site, including unloading, uncrating, and storage per SECTION 01 3100 PROJECT MANAGEMENT AND COORDINATION. b. Cost for labor and equipment for installation and finishing. C. Cost for related products not specifically listed in the allowance required for installation, including consumable supplies and materials. d. All overhead, profit, and related costs. 4. Assist Owner in the selection of products. a. Identify qualified Suppliers. b. Obtain bids from qualified Suppliers. C. Present available alternates to the Owner through the OAR. Notify OAR of: 1) Any objections to a particular Supplier or product. Alternates and Allowances 012310-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 2) Effect on the Construction Schedule anticipated by the selection of each option. 3) Cost of each option. 5. Upon selection of the product: a. Purchase and install the product. b. Contractor's responsibilities for products shall be the same as for products selected by the Contractor. 6. Submit a Change Proposal per SECTION 01 31 14 CHANGE MANAGEMENT to adjust Contract Price if the net cost of the product is more or less than the specified amount. a. Adjust the unit cost applied to the quantities installed per the method of payment described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES for products specified as Unit Price Work. b. Do not perform Work until selection of alternate has been approved by the Owner. C. Provide actual invoices for the materials. 1.02 DOCUMENT SUBMITTALS A. Provide documents for materials furnished as part of the alternate in accordance with SECTION 0133 00 DOCUMENT MANAGEMENT. 1.03 DESCRIPTION OF ALTERNATES A. Bid Item B-1 - Providing and Installing Permanent Monitoring Well in Phase I Boreholes: 1. Includes: providing and installing 2-IN well with 2-IN wire-wrap stainless steel well screen up to 150 FT length, filter pack, bentonite seal, well grout, and neat cement surface seal in 9-7/8-IN borehole. Monitoring well will be installed after geophysical logging is complete. Well depths may vary from 400 FT to 1,200 FT. Casing material will vary based on well depth: SCH80 PVC for wells up to 600 FT; SCH10 Type 304 stainless steel for wells greater than 600 FT. a. Bid Item B-1a: SCH80 PVC-cased well up to 600 FT. b. Bid Item B-1b: SCH10 Type 304 stainless steel-cased well greater than 600 FT. B. Bid Item B-2 - Providing and Installing Permanent Monitoring Well in Phase II Boreholes: 1. Includes: providing and installing 2-IN well with 2-IN wire-wrap stainless steel well screen up to 150 FT length, filter pack, bentonite seal, well grout, and neat cement surface seal in 12-1/4-IN borehole. Monitoring well will be installed after interval testing is complete. Well depths may vary from 400 FT to 1,200 FT. Casing material will vary based on well depth: SCH80 PVC for wells up to 600 FT; SCH10 Type 304 stainless steel for wells greater than 600 FT. a. Bid Item B-2a: SCH80 PVC-cased well up to 600 FT. b. Bid Item B-2b: SCH10 Type 304 stainless steel-cased well greater than 600 FT. Alternates and Allowances 012310-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 C. Bid Item B-3 - Monitoring Well Development: 1. Includes: developing 2-IN monitoring well using air lifting for at least 1 HR per 10 FT of well screen. Other methods such as mechanical surging may be approved. Well depths may vary from 400 FT to 1,200 FT, with up to 150 FT of screen. D. Bid Item B-4- Drill Site Preparation for Alternative Sites: 1. Includes: clearing and grading of up to 200 FT x 200 FT drilling pad at up to three (3) additional drilling sites. See Drawings for locations of alternative drilling sites. E. Bid Item B-5 - Drill Rig Setup for Alternative Phase I Boreholes and Moving Between Drilling Sites: 1. Includes: set up drill rig and support equipment for work at up to three (3) alternative Phase I drilling sites. See Drawings for location of alternative drilling sites. F. Bid Item B-6- Drilling Alternative Phase I Borehole: 1. Includes: drilling a 9-7/8 IN borehole to a depth of 1,200 FT at up to three (3) alternative drilling sites, and containing and disposing of drilling fluids and cuttings. G. Bid Item B-7 -Geophysical Logging in Alternative Phase I Borehole: 1. Includes: conditioning the borehole and drilling fluids, performing geophysical logging, and providing logging reports.The logging will target the entire borehole and include: caliper, natural gamma ray, resistivity, spontaneous potential, and sonic. H. Bid Item B-8- Plug Alternative Phase I Borehole: 1. Includes: plugging 9-7/8 IN borehole with well grout and installing a 10-FT neat cement surface seal. I. Bid Item B-9 - Prepare and Submit Well Reports: 1. Includes: preparing and submitting well reports for permanent monitoring wells to Engineer and to State. J. Bid Item B-10-Grubbing and Clearing at Drilling Site#4: 1. Includes: grubbing and clearing vegetation to form a 1,000 FT long access road to drilling site#4, if this site is selected for drilling. Brush removal is to be kept to a minimum. K. Bid Item B-11-Soil Hauling and Disposal: 1. Includes: hauling and dumping excess soil and drill cuttings at a local landfill. 1.04 DESCRIPTION OF ALLOWANCES No Allowances. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Alternates and Allowances 012310-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 This page intentionally left blank. 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 012900-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 03-11-2015 16. Temporary facilities for managing water, including facilities for pumping, storage, and treatment as required for construction and protection of the environment; 17. Temporary facilities for managing environment conditions and Constituents of Concern; 18. Temporary facilities such as sheeting, shoring, bracing, formwork, embankments, storage facilities, working areas, and other facilities required for construction of the Project; 19. Temporary and permanent facilities for protection of all overhead, surface, or underground structures or features; 20. Temporary and permanent facilities for removal, relocation, or replacement of any overhead, surface, or underground structures or features; 21. Products, materials, and equipment consumed during the construction of the Project; 22. Contractor labor and supervision to complete the Project, including that provided through Subcontractors or Suppliers; 23. Correcting Defective Work during the Contract Times, during the Correction Period, or as required to meet any warranty provision of the Contract Documents; 24. Risk associated with weather and environmental conditions, start-up, and initial operation of facilities including equipment, processes, and systems; 25. Contractor's safety programs, including management, administration, and training; 26. Maintenance of facilities, including equipment, processes, and systems until operation is transferred to Owner; 27. Providing warranties, extended or special warranties, or extended service agreements; 28. Cleanup and disposal of any and all surplus materials; and 29. Demobilization of all physical, temporary facilities not incorporated into the Project. B. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price. C. Provide written approval of the surety company providing Bonds for the Schedule of Values, Application for Payment form, and method of payment prior to submitting the first Application for Payment. Submit approval using the Consent of Surety Company to Payment Procedures form provided. Payment will not be made without this approval. D. OAR may withhold processing Applications for Payment if any of the following processes or documentation are not up to date: 1. Progress Schedule per SECTION 0133 04 CONSTRUCTION PROGRESS SCHEDULE. 2. Project photographs per SECTION 0133 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION. 3. Record Documents per SECTION 01 31 13 PROJECT COORDINATION. 4. Documentation required to comply with Owner's Minority/ MBE/ DBE Participation Policy. Application for Payment Procedures 012900-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 03-11-2015 1.02 SCHEDULE OF VALUES A. Submit a detailed Schedule of Values for the Work at least 10 days prior to submitting the first Application for Payment. B. Submit the Schedule of Values in the form for Attachment A-Tabulation of Earned Value of Original Contract Performed. C. Do not submit an Application for Payment until the Schedule of Values has been approved by the OAR. D. Use each unit price line item in the Agreement as a unit price line item in the Schedule of Values. E. Divide lump sum line items, including Subcontractor and Supplier amounts in the Schedule of Values into smaller components to allow more accurate determination of the earned value for each item. 1. Provide adequate detail to allow a more accurate determination of the earned value expressed as a percentage of Work completed for each item. 2. Line items may not exceed $50,000.00, unless they are for products, materials, or equipment permanently incorporated into the Project that cannot be subdivided into units or subassemblies. 3. Lump sum items may be divided into an estimated number of units to determine earned value. a. The estimated number of units times the cost per unit must equal the lump sum amount for that line item. b. Contractor will receive payment for the lump sum for the line item, regardless of the number of units installed, unless an adjustment is made by Change Order. 4. Include Contractor's overhead and profit in each line item in proportion to the value of the line item to the Contract Price. 5. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price for each item. 6. These line items may be used to establish the value of Work to be added or deleted from the Project. The sum of all values listed in the schedule must equal the total Contract Price. F. Subdivide each line item in the Schedule of Values into two payment components. The first component is the direct cost for products, materials, and equipment permanently incorporated into the Project. The second component is all other cost associated with the item in the Agreement. The sum of the two components must equal the value of the line item in the Schedule of Values. G. Where a percentage of the line value is allowed for a specified stage of completion, show the value for each stage of completion as a component of that line item cost. Application for Payment Procedures 012900-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 03-11-2015 1.03 SCHEDULE OF ANTICIPATED PAYMENTS AND EARNED VALUE A. Submit a schedule of the anticipated Application for Payments showing the application numbers, submission dates, and the anticipated amount to be requested. Incorporate retainage into the development of this schedule of anticipated payments. B. Submit a tabulation of the anticipated Total Earned Value of Fees, Work, and Materials to create a graphic (curve) representation of the anticipated progress on the Project each month. Adjust this table and curve to incorporate Modifications. Use this curve to compare actual progress on the Project each month by comparing the anticipated cumulative Total Earned Value of Fees, Work, and Materials to the actual Total Earned Value of Fees, Work, and Materials each month. Use the comparison of values to determine performance on budget and schedule. C. Update the Schedule of Payments as necessary to provide a reasonably accurate indication of the funds required to make payments each month to the Contractor for Work performed. 1.04 BASIS FOR PAYMENTS A. Lump Sum Items: 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 Items: 1. Payment will be made for the actual quantity of Work completed during the payment period and for materials and equipment stored during the payment period per the Contract Documents. a. Payment amount is the Work quantity measured per the Contract Documents multiplied by the unit prices for that line item in the Agreement. b. Payment for stored materials and equipment will be made per Paragraph 1.05. 2. Measure the Work described in the Agreement for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. 1.05 PAYMENT FOR STORED MATERIALS AND EQUIPMENT. A. Store materials and equipment properly at the Site. Application for Payment Procedures 012900-4 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 03-11-2015 1. Payment will be made for the invoice amount less the specified retainage. 2. Payment for materials and equipment show in the Application for Payment on Attachment A or Attachment B-Tabulation of Work on Approved Contract Modifications will be made for the invoice amount, up to the value show in the Schedule of Values for that line item. Costs for material and equipment in excess of the value shown in the Schedule of Values may not be added to other line items. 3. Payment will be made in full for the value shown in the line item for products and materials if invoices for materials and equipment are less than the amount shown in the line item and it can be demonstrated that no additional materials or equipment are required to complete Work described in that item. 4. Provide invoices at the time materials are included on Attachment D -Tabulation of Values for Materials and Equipment. Include invoice numbers on Attachment D so that a comparison can be made between invoices and amounts included on Attachment D. B. Provide a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of Liens. Provide documentation of payment for materials and equipment with the next Application for Payment. Adjust payment to the amount actually paid if this differs from the invoice amount. Remove items from the tabulation of materials and equipment if this documentation is not provided. Payment will not be made for material and equipment without documentation of payment. C. Contractors can be paid for non-perishable materials on hand stored at the site, provided that invoices are furnished to the City for verification of the material value; and provide documents, satisfactory to the City, that show that the material supplier has been paid for the materials delivered to the work site. D. Provide evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest. E. The Work covered by progress payments becomes the property of the Owner at the time of payment. The Contractor's obligations with regard to proper care and maintenance, insurance, and other requirements are not changed by this transfer of ownership until accepted in accordance with the General Conditions. F. Payment for materials and equipment does not constitute acceptance of the product. 1.06 ALTERNATES AND ALLOWANCES A. Include amounts for specified Alternate Work in the Agreement in accordance with SECTION 0123 10 ALTERNATES AND ALLOWANCES. B. Include amounts for specified Allowances for Work in the Agreement in accordance with SECTION 0123 10 ALTERNATES AND ALLOWANCES. 1.07 RETAINAGE AND SET-OFFS A. Retainage will be withheld from each Application for Payment per the Agreement. Retainage will be released per the General Conditions. Application for Payment Procedures 012900-5 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 03-11-2015 B. Reduce payments for set-offs per the General Conditions. Include Attachment C— Tabulation of Set-Offs in the Application for Payment. 1.08 PROCEDURES FOR SUBMITTING AN APPLICATION FOR PAYMENT A. Submit a draft Application for Payment to the OAR each month at least 20 days before the date established in the Agreement for Owner to make progress payments. Do not submit Applications for Payment more often than monthly. Review the draft Application for Payment with the OAR to determine concurrence with: 1. The earned value for each lump sum item including the value of properly stored and documented materials and equipment for each item in the original Contract. 2. The quantity of Work completed for each unit price item. 3. Set-offs included in the Application for Payment. 4. Values requested for materials and equipment consistent with invoices for materials and equipment. B. Submit Applications for Payment monthly through the OAR after agreement has been reached on the draft Application for Payment. 1. Number each application sequentially and include the dates for the application period. 2. Show the total amounts for earned value of original Contract performed, earned value for Work on approved Contract Amendments and Change Orders, retainage, and set- offs. Show total amounts that correspond to totals indicated on the attached tabulation for each. 3. Include Attachment A to show the earned value on each line item in the Schedule of Values for Work shown in the original Contract. 4. Include Attachment B to show the earned value on line item for approved Change Orders. Add items to Attachment B as Change Orders are approved. Change Orders must be approved before payment can be made on Change Order items. 5. Include Attachment C to document set-offs required per the Contract Documents. Show each set-off as it is applied. Show a corresponding line item to reduce the Set off amount if a payment held by a set-off is released for payment. 6. Include Attachment D to allow tracking of invoices used to support amounts requested as materials in Attachments A and B. Enter materials to show the amount of the invoice assigned to each item in Attachment A or B if an invoice includes materials used on several line items. 7. Include Attachment E to document information required by the TWDB as indicated in Section 00 74 00. Requests for reimbursement must include expense budget and earned value for the following expense budget categories: Salaries&Wages, Fringe, Travel, Other Expenses, Overhead, and Profit. 8. 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 Application for Payment Procedures 012900-6 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 03-11-2015 Owner, and that the current payment amount shown in this Application for Payment is now due. C. Submit attachments in Portable Document Format (PDF): 1. Generate attachments to the Application for Payment using the Excel spreadsheet provided. 2. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. 1.09 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. Application for Payment Procedures 012900-7 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 03-11-2015 G. Neither OPT's review of Contractor's Work for the purposes of recommending payments nor OAR's recommendation of payment imposes responsibility on OPT: 1. To supervise, direct, or control the Work; 2. For the means, methods, techniques, sequences, or procedures of construction, or safety precautions and programs; 3. For Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work; 4. To make examinations to ascertain how or for what purposes Contractor has used the monies paid on account of the Contract Price; or 5. To determine that title to the Work, materials, or equipment has passed to Owner free and clear of Liens. 1.10 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 012900-8 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 03-11-2015 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT 1.00 GENERAL 1.01 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents for lump sum payment items. Include all direct cost for the Work associated with that lump sum item and a proportionate amount for the indirect costs as described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES for each lump sum item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the lump sum price. B. Measurement for progress payments will be made on the basis of the earned value for each item shown as a percentage of the cost for the lump sum item as described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES. Payment at Final Completion will be equal to the total lump sum amount for that item. 1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents in unit price payment items. Include all direct cost for the Work associated with that unit price item and a proportionate amount for the indirect costs as described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES for each unit price item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the unit price. B. Measurement for payments will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. Measurement will be as indicated for each unit price item. 1.03 MEASUREMENT AND BASIS FOR PAYMENT FOR BASE BID ITEMS A. Bid Item A-1—Mobilization and Demobilization: 1. Include the following costs in this Bid item: a. Transportation and setup for equipment; b. Transportation and/or erection of all field offices, sheds, and storage facilities; C. Salaries for preparation of documents required before the first Application for Payment; d. Salaries for field personnel assigned to the Project related to the mobilization of the Project; e. Demobilization; and f. Mobilization may not exceed 5 percent of the total Contract Price. Measurement and Basis for Payment 0129 01-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project E16265) Rev 01-13-2016 2. Measuring for payment is on a lump sum basis. Payment for mobilization will be based on the earned value of Work completed. 3. Engineer and Owner may require up to 72 hours between Phase I and Phase II for planning purposes at no additional mobilization cost. B. Bid Item A-2—Bonds and Insurance 1. Payment will be based on documentation of actual costs. C. Bid Item A-3 - Drill Site Preparation: 1. Include the following costs in this Bid item: clearing and grading of up to 200 FT x 200 FT drilling pad at three (3) drilling sites. See Drawings for locations of preferred drilling sites- No 1 through No 3. 2. Measuring for payment is per drilling site. D. Bid Item A-4- Drill Rig Setup for Phase I Boreholes and Moving Between Drilling Sites: 1. Include the following costs in this Bid item: set up drill rig and support equipment for work at three (3) Phase I drilling sites. See Drawings for locations of preferred drilling sites. 2. Measuring for payment is per drilling site. E. Bid Item A-5 - Drill Rig Setup for Phase II Boreholes and Moving Between Drilling Sites: 1. Include the following costs in this Bid item: set up drill rig and support equipment at up to three (3) existing drill pads. 2. Measuring for payment is per drilling site. F. Bid Item A-6- Drilling Phase I Borehole: 1. Include the following costs in this Bid item: drilling a 9-7/8 IN borehole to a depth of 1,200 FT at three (3) drilling sites, and containing and disposing of drilling fluids and cuttings. 2. Measuring for payment is per vertical foot. G. Bid Item A-7 -Geophysical Logging in Phase I Borehole: 1. Include the following costs in this Bid item: conditioning the borehole and drilling fluids, performing geophysical logging, and providing logging reports.The logging will target the entire borehole and include: caliper, natural gamma ray, resistivity, spontaneous potential, and sonic. 2. Measuring for payment is per borehole. H. Bid Item A-8- Plug Phase I Borehole: 1. Include the following costs in this Bid item: plugging 9-7/8 IN borehole with well grout and installing a 10-FT neat cement surface seal. 2. Measuring for payment is per vertical foot. Measurement and Basis for Payment 0129 01-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project E16265) Rev 01-13-2016 I. Bid Item A-9 - Drilling Phase II Borehole: 1. Include the following costs in this Bid item: drilling a 12-1/4 IN borehole to a total depth of 1,200 FT at up to three (3) existing drill pads, and containing and disposing of drilling fluids and cuttings. Drilling will pause for coring and temporary well installation (bid items below) at up to three (3) different test intervals per borehole, starting with the shallowest. 2. Measuring for payment is per vertical foot. J. Bid Item A-10-Coring Phase II Borehole: 1. Include the following costs in this Bid item: collecting 2-IN diameter soil cores using 10- FT length core barrel from multiple discrete, pre-determined depths starting with the shallowest, and containing and disposing of drilling fluids and cuttings. Assume 40 feet of discontinuous coring within up to three (3) separate test intervals in the same borehole, at three (3) drilling sites. Anticipated test interval depths are indicated on Drawings. 2. Measuring for payment is per vertical foot. K. Bid Item A-11 - Providing and Installing Temporary Wells: 1. Include the following costs in this Bid item: providing and installing temporary 6-IN steel casing, 6-IN mill slotted steel well screen up to 150 FT length, filter pack, bentonite seal, and temporary surface seal.Temporary well will be installed after coring of that particular interval is complete. Completely remove casing and screen from borehole after interval testing. Casing and screen will be re-used in same borehole after drilling and coring of next (deeper) test interval. Assume installation of up to three (3)temporary wells in the same borehole, at three (3) drilling sites. Anticipated temporary well depths are indicated on Drawings. Clean and re-use casing and screen at other drilling sites to the extent possible. 2. Measuring for payment is per vertical foot. L. Bid Item A-12 -Well Development of Temporary Wells: 1. Include the following costs in this Bid item: developing the 6-IN temporary well using air lifting for at least 1 HR per 10 FT of well screen. Other methods such as mechanical surging may be approved. Assume development of up to three (3)temporary wells in the same borehole, at three (3) drilling sites. Anticipated screen depths are indicated on Drawings. 2. Measuring for payment is per well. M. Bid Item A-13 - Performing Interval Testing: 1. Include the following costs in this Bid item: furnishing a temporary well pump with a pumping capacity of 200 to 300 gallons per minute (GPM) with a lift of up to 500 FT, furnishing all ancillary equipment and power supply, test pumping for 2 HR, performing step-drawdown test for 2 HR, performing constant rate test for 24 HR, and performing recovery test for 12 HR. Allow for water level recovery before each test phase. Discharge water through a temporary pipe to ditches within 400 FT of the well. Includes handling of water and erosion control. Assume up to three (3) test intervals Measurement and Basis for Payment 0129 01-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project E16265) Rev 01-13-2016 in the same borehole, at three (3) drilling sites. Anticipated interval test depths are indicated on Drawings, subject to revision by Engineer based on Phase I results. 2. Measuring for payment is per interval. N. Bid Item A-14- Plug Phase 11 Borehole: 1. Include the following costs in this Bid item: plugging 12-1/4 IN borehole with well grout and installing a 10-FT neat cement surface seal. 2. Measuring for payment is per vertical foot. O. Bid Item A-15 - Environmental Controls and Site Cleanup and Restoration: 1. Include the following costs in this Bid item: cleaning out mud pits, backfilling and compacting mud pits, disposing drilling mud, and site cleanup to restore to pre- existing condition for three (3) drilling sites. 2. Measuring for payment is per drilling site. P. Bid Item A-16- Driller Report and Mud Logger Report: 1. Include the following costs in this Bid item: preparing and submitting a drillers report, preparing and submitting a mud logger report, and preparing and submitting pumping test data to Engineer for three (3) Phase I boreholes and three (3) Phase 11 boreholes. 2. Measuring for payment is per borehole. 1.04 MEASUREMENT AND BASIS FOR PAYMENT FOR ALTERNATES AND ALLOWANCES A. Bid Item B-1 - Providing and Installing Permanent Monitoring Well in Phase I Boreholes: 1. Include the following costs in this Bid item: providing and installing 2-IN well with 2-IN wire-wrap stainless steel well screen up to 150 FT length, filter pack, bentonite seal, well grout, and neat cement surface seal in 9-7/8-IN borehole. Monitoring well will be installed after geophysical logging is complete. Well depths may vary from 400 FT to 1,200 FT. Casing material will vary based on well depth: SCH80 PVC for wells up to 600 FT; SCH10 Type 304 stainless steel for wells greater than 600 FT. Provide per FT cost for each type of well construction. a. Bid Item B-1a: SCH80 PVC-cased well up to 600 FT. b. Bid Item B-1b: SCH10 Type 304 stainless steel-cased well greater than 600 FT. 2. Measuring for payment is per vertical foot. B. Bid Item B-2 - Providing and Installing Permanent Monitoring Well in Phase 11 Boreholes: 1. Include the following costs in this Bid item: providing and installing 2-IN well with 2-IN wire-wrap stainless steel well screen up to 150 FT length, filter pack, bentonite seal, well grout, and neat cement surface seal in 12-1/4-IN borehole. Monitoring well will be installed after interval testing is complete. Well depths may vary from 400 FT to 1,200 FT. Casing material will vary based on well depth: SCH80 PVC for wells up to 600 FT; SCH10 Type 304 stainless steel for wells greater than 600 FT. Provide per FT cost for each type of well construction. Measurement and Basis for Payment 0129 01-4 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project E16265) Rev 01-13-2016 a. Bid Item B-2a: SCH80 PVC-cased well up to 600 FT. b. Bid Item B-2b: SCH10 Type 304 stainless steel-cased well greater than 600 FT. 2. Measuring for payment is per vertical foot. C. Bid Item B-3 - Monitoring Well Development: 1. Include the following costs in this Bid item: developing 2-IN monitoring well using air lifting for at least 1 HR per 10 FT of well screen. Other methods such as mechanical surging may be approved. Well depths may vary from 400 FT to 1,200 FT, with up to 150 FT of screen. 2. Measuring for payment is per well. D. Bid Item B-4- Drill Site Preparation for Alternative Sites: 1. Include the following costs in this Bid item: clearing and grading of up to 200 FT x 200 FT drilling pad at up to three (3) additional drilling sites. See Drawings for locations of alternative drilling sites, No 4 through No 6. 2. Measuring for payment is per drilling site. E. Bid Item B-5 - Drill Rig Setup for Alternative Phase I Boreholes and Moving Between Drilling Sites: 1. Include the following costs in this Bid item: set up drill rig and support equipment for work at up to three (3) alternative Phase I drilling sites. See Drawings for location of alternative drilling sites, No 4 through No 6. 2. Measuring for payment is per drilling site. F. Bid Item B-6- Drilling Alternative Phase I Borehole: 1. Include the following costs in this Bid item: drilling a 9-7/8 IN borehole to a depth of 1,200 FT at up to three (3) alternative drilling sites, and containing and disposing of drilling fluids and cuttings. 2. Measuring for payment is per vertical foot. G. Bid Item B-7 -Geophysical Logging in Alternative Phase I Borehole: 1. Include the following costs in this Bid item: conditioning the borehole and drilling fluids, performing geophysical logging, and providing logging reports.The logging will target the entire borehole and include: caliper, natural gamma ray, resistivity, spontaneous potential, and sonic. 2. Measuring for payment is per borehole. H. Bid Item B-8- Plug Alternative Phase I Borehole: 1. Include the following costs in this Bid item: plugging 9-7/8 IN borehole with well grout and installing a 10-FT neat cement surface seal. 2. Measuring for payment is per vertical foot. I. Bid Item B-9 - Prepare and Submit Well Reports: 1. Include the following costs in this Bid item: preparing and submitting well reports for permanent monitoring wells to Engineer and to State. Measurement and Basis for Payment 0129 01-5 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project E16265) Rev 01-13-2016 2. Measuring for payment is per well. J. Bid Item B-10-Grubbing and Clearing at Drilling Site No. 4: 1. Include the following costs in this Bid item: grubbing and clearing vegetation to form a 1,000 FT long access road to drilling site No. 4, if this site is selected for drilling. Brush removal is to be kept to a minimum. 2. Measuring for payment is on a lump sum basis. Payment will be based on the earned value of Work completed. K. Bid Item B-11-Soil Hauling and Disposal: 1. Include the following costs in this Bid item: hauling and dumping excess soil and drill cuttings at a local landfill. 2. Measuring for payment is per standard dump truck load. Partial loads should be avoided where practicable. One load is equal to 10 cubic yards. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment 0129 01-6 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project E16265) Rev 01-13-2016 013100 PROJECT MANAGEMENT AND COORDINATION 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish resources required to complete the Project with an acceptable standard of quality within the Contract Times. B. Construct Project in accordance with current safety practices. C. Manage Site to allow access to Site and control construction operations. D. Construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. E. Provide temporary controls for pollutions, management of water and management of excess earth as required in SECTION 0157 00 TEMPORARY CONTROLS. 1.02 QUALITY ASSURANCE A. Employ competent workmen, skilled in the occupation for which they are employed. Provide Work meeting quality requirements of the Contract Documents. B. Remove Defective Work from the Site immediately unless provisions have been made and approved by the OPT to allow repair of the product at the Site. Clearly mark Work as Defective until it is removed or allowable repairs have been completed. 1.03 DOCUMENT SUBMITTAL A. Provide documents in accordance with SECTION 0133 00 DOCUMENT MANAGEMENT. 1. Provide copies of Supplier's printed storage instructions prior to furnishing materials or products and installation instructions prior to beginning the installation. 2. Incorporate field notes, sketches, recordings, and computations made by the Contractor in Record Drawings. 1.04 PERMITS A. Obtain building permits for the Project. According to City Development Services, no building permits are expected to be required for the Project. . B. Obtain environmental permits required for construction at the Site. According to TCEQ Region 14, no storm water or discharge permits are expected to be required for the Project. 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 013100-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 H. Prior to conducting any site work, Contractor will contact Texas811 and Lonestar. I. An inspection and testing of backflow devices will be performed by the Owner's inspector prior to connecting to the City hydrant. The Contractor will need to coordinate the inspection with the City Utilities department at least 72 hours prior to each move. Inspections shall be performed each time there is a new connection, including moving between hydrant locations. The driller may incur, at their own expense a cost of$125, per move but may be eligible to be waived by the City's Utility Billing Office. 1.05 SAFETY REQUIREMENTS A. Manage safety to protect the safety and welfare of persons at the Site. B. Provide safe access to move through the Site. Provide protective devices to warn and protect from hazards at the Site. C. Provide safe access for those performing tests and inspections. D. Comply with latest provisions of the Occupational Health and Safety Administration and other Laws and Regulation. E. Cooperate with accident investigations. Provide two copies of all reports, including insurance company reports, prepared concerning accidents, injury, or death related to the Project to the OAR as Record Data per SECTION 0133 03 RECORD DATA. 1.06 ACCESS TO THE SITE A. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe access for normal operations during construction. B. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding, and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections. C. Use roadways for construction traffic only with written approval of the appropriate representatives of each entity. Roadways may not be approved for construction traffic. Obtain written approval to use roads to deliver heavy or oversized loads to the Site. Furnish copies of the written approvals to the Owner as Record Data per SECTION 0133 03 RECORD DATA. 1.07 CONTRACTOR'S USE OF SITE A. Limit the use of Site for Work and storage to those areas designated on the Drawings or approved by the OAR. Coordinate the use of the premises with the OAR. B. Provide security at the Site as necessary to protect against vandalism and loss by theft. C. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply. Project Management and Coordination 013100-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 D. Park construction equipment in designated areas only and provide spill control measures as discussed in SECTION 0157 00 TEMPORARY CONTROLS. E. Park employees' vehicles in designated areas only. F. Obtain written permission of the Owner before entering privately-owned land outside of the Owner's property, rights-of-way, or easements. G. Do not allow the use of audio devices, obnoxious, vulgar or abusive language, or sexual harassment in any form. These actions will cause immediate and permanent removal of the offender from the premises. Criminal or civil penalties may apply. 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. Report any discrepancies from information in the Contract Documents to the OAR before beginning construction. B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action per SECTION 0135 00 SPECIAL PROCEDURES. Coordinate Work with local utility company and others for the relocation or replacement. C. Protect buildings, utilities, street surfaces, driveways, sidewalks, curb and gutter, fences, wells, drainage structures, piping, valves, manholes, electrical conduits, and other systems or structures. 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. F. No drilling will be performed in paved areas. Project Management and Coordination 013100-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 1.09 PRE-CONSTRUCTION EXPLORATORY EXCAVATIONS (NOT USED) 1.10 DISRUPTION TO SERVICES/CONTINUED OPERATIONS A. Existing facilities are to continue in service as usual during the construction unless noted otherwise. Owner or utilities must be able to operate and maintain the facilities. Keep disruptions to existing utilities, piping, process piping, or electrical services to a minimum. 1. Do not restrict access to critical valves or operators. 2. Limit operations to the minimum amount of space needed to complete the specified Work. 3. Maintain storm sewers and sanitary sewers in service at all times. Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not restricted. B. Provide a Plan of Action in accordance with SECTION 0135 00 SPECIAL PROCEDURES if facilities must be taken out of operation. 1.11 FIELD MEASUREMENTS A. Perform complete field measurements prior to purchasing products or beginning construction for products required to fit existing conditions. B. Verify property lines, control lines, grades, and levels indicated on the Drawings. C. Check Shop Drawings and indicate the actual dimensions available where products are to be installed. D. Include field measurements in Record Data as required in SECTION 01 31 13 PROJECT COORDINATION and Technical Specifications. 1.12 REFERENCE DATA AND CONTROL POINTS (NOT USED) 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. Remove storage facilities at the completion of the Project. Project Management and Coordination 013100-4 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 G. Protect the pipe interior. Keep all foreign materials such as dirt, debris, animals, or other objects out of the pipe during the Work. Cap or plug ends of installed pipe in an approved manner when pipe is not being installed. Clean or wash out pipe sections that become contaminated before continuing with installation. Take precautions to prevent the pipe from floating or moving out of the proper position during or after laying operations. Immediately correct any pipe that moves from its correct position. H. Provide adequate exterior storage for products that may be stored out-of-doors. 1. Provide substantial platforms, blocking, or skids to support materials and products above ground which has been sloped to provide drainage. Protect products from soiling or staining. 2. Cover products subject to discoloration or deterioration from exposure to the elements, with impervious sheet materials. Provide ventilation to prevent condensation below covering. 3. Store loose, granular materials on clean, solid surfaces, or on rigid sheet materials, to prevent mixing with foreign matter. 4. Provide surface drainage to prevent erosion and ponding of water. 5. Prevent mixing of refuse or chemically injurious materials or liquids with stored materials. 6. Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt, moisture, and other injurious materials. Protect PVC pipe from ultraviolet light exposure. 7. Store light weight products to prevent wind damage. I. Maintain storage facilities. Inspect stored products on a weekly basis and after periods of severe weather to verify that: 1. Storage facilities continue to meet specified requirements; 2. Supplier's required environmental conditions are continually maintained; and 3. Products that can be damaged by exposure to the elements are not adversely affected. J. Replace any stored item damaged by inadequate protection or environmental controls. K. Payment may be withheld for any products not properly stored. 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. Project Management and Coordination 013100-5 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 C. Comply with Laws and Regulations. Do not burn or bury waste materials. Remove waste materials, rubbish and debris from the Site and legally dispose of these at public or private disposal facilities. D. Provide a final cleaning to thoroughly clean the entire Site and make ready for acceptance. 1. Remove construction debris, boxes, and trash from the Site. 2. Remove construction storage sheds and field offices. 3. Restore grade to match surrounding condition and remove excess dirt. 4. Sweep all drives and parking lots clean of dirt and debris. Use water trucks or hose down paved site to like new appearance. 1.15 MAINTENANCE OF ROADS, DRIVEWAYS, AND ACCESS A. Maintain roads and streets in a manner that is suitable for safe operations of public vehicles during all phases of construction unless the Owner approves a street closing. Do not close public roads overnight. B. Submit a Notification by Contractor for Owner's approval of a street closing. The request shall state: 1. The reason for closing the street. 2. How long the street will remain closed. 3. Procedures to be taken to maintain the flow of traffic. C. Construct temporary detours, including by-pass roads around construction, with adequately clear width to maintain the free flow of traffic at all times. Maintain barricades, signs, and safety features around the detour and excavations. Maintain barricades, signs, and safety features around the Work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). D. Assume responsibility for any damage resulting from construction along roads or drives. 1.16 AREA ACCESS AND TRAFFIC CONTROL A. Provide traffic control measures to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. Provide all-weather access to all residents and businesses at all times during construction. Provide temporary driveways and/or roads of approved material during wet weather. Maintain a stockpile of suitable material on the Site to meet the demands of inclement weather. 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. Project Management and Coordination 013100-6 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 1.17 OVERHEAD ELECTRICAL WIRES A. Comply with OSHA safety requirements regarding construction equipment working beneath overhead electrical wires. Prevent and pay for repairs for damage to existing overhead electrical wires or facilities. B. Provide for adequate safety with regard to overhead lines whether overhead lines are or are not shown in the Contract Documents. 1.18 BLASTING A. Blasting is not allowed for any purpose. 1.19 ARCHAEOLOGICAL REQUIREMENTS A. Cease operations immediately and contact the Owner for instructions if historical or archaeological artifacts are found during construction. B. Conduct all construction activities to avoid adverse impact on the Sites where significant historical or archaeological artifacts are found or identified as an area where other artifacts could be found. 1. Obtain details for Working in these areas. 2. Maintain confidentiality regarding the Site. 3. Adhere to the requirements of the Texas Historical Commission. 4. Notify the OAR and the Texas Historical Commission. C. Do not disturb archaeological sites. 1. Obtain the services of a qualified archaeological specialist to instruct construction personnel on how to identify and protect archaeological finds on an emergency basis. 2. Coordinate activities to permit archaeological work to take place within the area. a. Attempt to archaeologically clear areas needed for construction as soon as possible. b. Provide a determination of priority for such areas. D. Assume responsibility for any unauthorized destruction that might result to such Sites by construction personnel, and pay all penalties assessed by the State or Federal agencies for non-compliance with these requirements. E. Contract Times will be modified to compensate for delays caused by such archaeological finds. No additional compensation will be paid for delays. 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. Project Management and Coordination 013100-7 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 B. Cease Work immediately in the area of the encounter and notify the OAR if a threatened or endangered species is encountered during construction. OPT will implement actions in accordance with the ESA and applicable State statutes. Resume construction in the area of the encounter when authorized to do so by the OAR. 1.21 COOPERATION WITH PUBLIC AGENCIES A. Cooperate with all public and private agencies with facilities operating within the limits of the Project. B. Provide a 48-hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Texas 811 at 811 and the Lone Star Notification Company at 1-800-669-8344. C. For the Contractor's convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 Project Engineer(HDR Engineering) 512-912-5118 Traffic Engineering 361-826-3547 Police Department 361-882-2600 Water/Wastewater/Stormwater 361-826-1800(361-826-1818 after hours) Utilities Department 361-826-1221 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 Crown Castle Communications 1-888-632-0931 Century Tel 361-883-3000 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 Texas811 (www.texas8ll.org) 811 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-886-9005 Project Management and Coordination 013100-8 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Project Management and Coordination 013100-9 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 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 0133 00 DOCUMENT MANAGEMENT. B. Use the forms provided for Contract administration, applications for payment, document submittals, documentation of test results, equipment installation and documentation, and Project closeout. A digital copy of the required forms will be provided to the Contractor before or at the pre-construction conference. 1.03 COMMUNICATION DURING THE PROJECT A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Engineer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. C. The OAR will normally communicate only with the Contractor. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the Contractor. D. Direct written communications to the OAR at the address indicated at the pre-construction conference. Include the following with communications as a minimum: 1. Name of the Owner. 2. Project name. 3. Contract title. 4. Project number. 5. Date. 6. A reference statement. E. Submit communications on the forms referenced in this Section or in SECTION 0133 00 DOCUMENT MANAGEMENT. Project Coordination 013113-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 1.04 PROJECT MEETINGS A. Pre-Construction Conference: 1. Attend a pre-construction conference. 2. The location of the conference will be determined by the OAR. 3. The time of the meeting will be determined by the OAR but will be after the Notice of Award is issued and not later than 15 days after the Notice to Proceed is issued. 4. The OPT, Contractor's project manager and superintendent, representatives of utility companies, and representatives from major Subcontractors and Suppliers may attend the conference. 5. Provide and be prepared to discuss: a. Preliminary construction schedule per SECTION 0133 04 CONSTRUCTION PROGRESS SCHEDULE. b. Schedule of Values and anticipated Schedule of Payments per SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES. C. List of Subcontractors and Suppliers. d. Contractor's organizational chart as it relates to this Project. e. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents, Contract Modifications, and payment requests. B. Progress Meetings: 1. Attend meetings with the OAR and Owner. a. Meet on a monthly basis or as requested by the OAR to discuss the Project. b. Meet at the Site or other location as designated by the OAR. C. Contractor's superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters. d. Notify the OAR of any specific items to be discussed a minimum of 1 week prior to the meeting. 2. Provide information as requested by the OAR or Owner concerning this Project. Prepare to discuss: a. Status of overall Project schedule. b. Contractor's detailed schedule for the next month. C. Anticipated delivery dates for equipment. d. Coordination with the Owner. e. Status of documents. f. Information or clarification of the Contract Documents. g. Claims and proposed Modifications to the Contract. Project Coordination 013113-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 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. 1.05 REQUESTS FOR INFORMATION A. Submit Request for Information (RFI)to the Engineer 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. Engineer 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. Engineer 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. 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 Project Coordination 013113-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 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, Engineer, or inspection agencies prior to covering Work. 6. Training. B. Provide notification a minimum of 2 weeks in advance in order to allow OPT time to respond appropriately to the notification. C. Use "Notification by Contractor" form provided. 1.08 RECORD DOCUMENTS A. Maintain at the Site one complete set of printed Record Documents including: 1. Drawings. 2. Specifications. 3. Addenda. 4. Modifications. 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. 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. C. Maintain a digital record of Record Documents in PDF format. Project Coordination 013113-4 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 D. 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 013113-5 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 This page intentionally left blank. 01 31 14 CHANGE MANAGEMENT 1.00 GENERAL 1.01 REQUESTS FOR CHANGE PROPOSAL A. Engineer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Engineer will prepare a description of proposed Modifications. 2. Engineer 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 Engineer for evaluation by the OPT. 1.02 CHANGE PROPOSALS A. Submit a Change Proposal (CP) to the Engineer 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 013114-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 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 Engineer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. 1.03 ENGINEER WILL EVALUATE THE REQUEST FOR A MODIFICATION. A. Engineer will issue a Modification per the General Conditions if the Change Proposal is acceptable to the Owner. Engineer 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 Record Data 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 013114-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 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 Engineer 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 Record Data to request approval of a substitution. B. Prove that the product is acceptable as a substitute. It is not the Engineer'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 Engineer 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 013114-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 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. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Change Management 013114-4 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 01 33 00 DOCUMENT MANAGEMENT 1.00 GENERAL 1.01 WORK INCLUDED A. A. Submit documentation as required by the Contract Documents and as reasonably requested by the OPT. Submit the following as specified in Technical Specification 33 21 31: Daily Drillers Report Mud Drillers Report Drill Cuttings Samples (provide to Engineer on site) Well Construction Details Geophysical Logging Report Pumping Test Data from Interval Testing State of Texas Well Report 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 0133 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. Document Management 013300-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 1.04 DOCUMENT SUBMITTAL PROCEDURES A. Submit documents through the Engineer. Send all documents in digital format for processing. 1. Provide all information requested with a completed Document Transmittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. 2. The Document Transmittal form is to be the first page in the document submitted. 3. Submit all documents in Portable Document Format (PDF). a. Create PDF 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. g. 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 i. Add footers to each document with the Project name. 4. Transmit electronic PDF submittals via email to: a. Kristi.Shaw@hdrinc.com 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 Document Management 013300-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 Prefix Description Originator 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 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 0133 02 for approval of product Certified Test Report 0140 00 to demonstrate compliance Notification by Contractor 01 31 13 Photographic Documentation 01 33 05 Document Management 013300-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 Document Type Specification Section 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 0133 03 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Document Management 013300-4 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 0133 01 Submittal Register 33 21 31 Daily Drillers Report 1.3 Record Data Mockup None 33 21 31 Mud Drillers Report 1.3 Record Data Mockup None 33 21 31 Drill Cutting Samples(provide to Engineer on site) 1.3 Record Data Mockup None 33 21 31 Well Construction Details 1.3 Record Data Mockup None 33 21 31 Geophysical Logging Report 1.3 Record Data Mockup None 33 21 31 Pumping Test Data from Interval Testing 1.3 Record Data Mockup None 33 21 31 State of Texas Well Reports(for permanent wells) 1.3 Record Data Mockup None Submittal Register 013301-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 07-03-2014 This page intentionally left blank. 01 33 02 SHOP DRAWINGS Not applicable. 1.00 PRODUCTS(NOT USED) 2.00 EXECUTION (NOT USED) END OF SECTION Shop Drawings 013302-1 Corpus Christi Aquifer Storage and Recovery Feasibility Project(Project No. E16265) 11-25-2013 This page intentionally left blank. 01 33 03 RECORD DATA 1.00 GENERAL 1.01 WORK INCLUDED A. Submit Record Data as required by the Contract Documents and as reasonably requested by the OPT. Provide Record Data for all products unless a Shop Drawing is required for the same item. B. Submit Record Data to provide documents that allow the Owner to: 1. Record the products incorporated into the Project for the Owner; 2. Review detailed information about the products regarding their fabrication, installation, commissioning, and testing; and 3. Provide replacement or repair of the products at some future date. C. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the receipt or cursory review of Record Data. Contract modifications can only be approved by Change Order or Field Order. D. Provide various reports or other documents that Contract Documents required be submitted for record purposes. 1.02 QUALITY ASSURANCE A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Record Data not meeting these criteria will be rejected. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description Written approvals as required by Contract Documents to 01 31 00; 0140 00 include, but not be limited to, site access, field conditions and manufactured products. Description of drilling fluids and additives, casing, bentonite, 33 21 31 screening materials, cement, filter packs and seals, and other materials used for testing or construction of wells. B. Include Record Data in the Schedule of Documents required by SECTION 0133 00 DOCUMENT MANAGEMENT to indicate the Record Data to be submitted, the dates on which documents are to be sent to the Engineer for review, and proposed dates that the product will be incorporated into the Project. C. Complete the following before submitting Record Data: 1. Prepare Record Data and coordinate with Shop Drawings or Samples, other Record Data, and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information; Record Data 013303-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. D. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Record Data; 2. Location of existing structures, utilities, and equipment related to the Record Data have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Record Data are complete for their intended purpose; and 5. Conflicts between the Record Data related to the various Subcontractors and Suppliers have been resolved. E. Review Record Data prior to submitting to the Engineer. Certify that all Record Data has been reviewed by the Contractor and is in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Record Data. 1.04 RECORD DATA REQUIREMENTS A. Include a complete description of the material or equipment to be furnished, including: 1. Type, dimensions, size, arrangement, model number, and operational parameters of the components; 2. Weights, gauges, materials of construction, external connections, anchors, and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; 5. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. 1.05 SPECIAL CERTIFICATIONS AND REPORTS A. Provide all required certifications with the Record Data as specified in the individual Specification Sections: Record Data 013303-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Record Data. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Record Data. 1.06 WARRANTIES AND GUARANTEES A. Provide all required warranties, guarantees, and related documents with the Record Data. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1 year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required by Specification Sections. C. Provide a copy of all warranties in a separate document in accordance with SECTION 0170 00 EXECUTION AND CLOSEOUT REQUIREMENTS. 1.07 RECORD DATA SUBMITTAL PROCEDURES A. Submit Record Data through the Engineer. Send all documents in digital format for processing. 1. Provide all information requested in the Record Data submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Record Data submittal form is to be the first document in the file. 2. Submit all documents in Portable Document Format (PDF). Submit color PDF documents where color is required to interpret the Record Data. a. Create PDF documents from native format files unless files are only available from scanned documents. b. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. C. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. 3. Submit each specific product, class of material, or product separately so these can be tracked and processed independently. Do not submit Record Data for more than one system in the same Record Data. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Record Data. a. Use terms and symbols in Record Data consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Record Data. Record Data 013303-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 C. Provide a legend for symbols used on Record Data. 6. Mark Record Data to reference: a. Related Specification Sections, b. Drawing number and detail designation, C. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Submit a Change Proposal per SECTION 01 31 14 CHANGE MANAGEMENT to request modifications to the Contract Documents, including those for approval of"or equal" products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. Deviations from the Contract Documents can only be approved by a Modification. C. Complete the certification required by Paragraph 1.03. 1.08 ENGINEER'S RESPONSIBILITIES A. Record Data will be received by the Engineer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 1.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Engineer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 1.02. Document will be given the status of"Filed as Received" and not further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The cursory review indicates that the document does not meet the requirements of Paragraph 1.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. b. The Record Data is not required by the Contract Documents nor is applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Record Data 013303-4 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Record Data 013303-5 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 This page intentionally left blank. 01 33 04 CONSTRUCTION PROGRESS SCHEDULE 1.00 GENERAL 1.01 REQUIREMENTS A. Prepare and submit a Progress Schedule for the Work and update the schedule on a monthly basis for the duration of the Project. B. Provide schedule in adequate detail to allow Owner to monitor progress and to relate document processing to sequential activities of the Work. C. Incorporate and specifically designate the dates of anticipated submission of documents and the dates when documents must be returned to the Contractor into the schedule. D. Assume complete responsibility for maintaining the progress of the Work per the schedule submitted. E. Take the requirements of SECTION 0135 00 SPECIAL PROCEDURES into consideration when preparing schedule. 1.02 DOCUMENT SUBMITTAL A. Submit Progress Schedules in accordance with SECTION 0133 00 DOCUMENT MANAGEMENT. B. Submit a preliminary schedule within 10 days after the Notice of Award. The schedule is to be available at the pre-construction conference. C. Submit a detailed schedule at least 10 days prior to the first payment request. D. Submit Progress Schedules updates monthly with Applications for Payment to indicate the progress made on the Project to that date. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment. 1.03 SCHEDULE REQUIREMENTS A. Schedule is to be in adequate detail to: 1. Assure adequate planning, scheduling, and reporting during the execution of the Work; 2. Assure the coordination of the Work of the Contractor and the various Subcontractors and Suppliers; 3. Assist in monitoring the progress of the Work; and 4. Assist in evaluating proposed changes to the Contract Times and Project schedule. B. Provide personnel with 5 years' minimum experience in scheduling construction work comparable to this Project. Prepare the schedule using acceptable scheduling software. C. D. Prepare a schedule to indicate each activity and its start and stop dates. Construction Progress Schedule 013304-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 1. Develop Milestone dates and Project completion dates to conform to time constraints, sequencing requirements and Contract completion date. 2. Use calendar day durations while accounting for holidays and weather conditions in the projection of the duration of each activity. 3. Clearly indicate the critical path for Work to complete the Project. E. Provide a schedule incorporating the Schedule of Documents provided in accordance with SECTION 0133 00 DOCUMENT MANAGEMENT indicating: 1. Specific dates each document is to be delivered to the Designer. 2. Specific dates each document must be received in order to meet the proposed schedule. 3. Allow a reasonable time to review documents, taking into consideration the size and complexity of the document, other documents being processed, and other factors that may affect review time. 4. Allow time for re-submission of the each document. Contractor is responsible for delays associated with additional time required to review incomplete or erroneous documents and for time lost when documents are submitted for products that do not meet Specification requirements. 1.04 SCHEDULE REVISIONS A. Revise the schedule if it appears that the schedule no longer represents the actual progress of the Work. 1. Submit a written report if the schedule indicates that the Project is more than 30 days behind schedule. The report is to include: a. Number of days behind schedule; b. Narrative description of the steps to be taken to bring the Project back on schedule; and C. Anticipated time required to bring the Project back on schedule. 2. Submit a revised schedule indicating the action that the Contractor proposes to take to bring the Project back on schedule. B. Revise the schedule to indicate any adjustments in Contract Times approved by Modification. 1. Include a revised schedule with Change Proposals if a change in Contract Times is requested. 2. OPT will deem any Change Proposal that does not have a revised schedule and request for a change in Contract Times as having no impact on the ability of the Contractor to complete the Project within the Contract Times. C. Updating the Project schedule to reflect actual progress is not considered a revision to the Project schedule. Construction Progress Schedule 013304-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 D. Applications for Payment may not be recommended for payment without a revised schedule and if required, the report indicating the Contractor's plan for bringing the Project back on schedule. 1.05 FLOAT TIME A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule. B. Float time is not for the exclusive use or benefit of either the Contractor or Owner. C. Contract Times cannot be changed by the submission of a schedule. Contract Times can only be modified by a Change Order or Contract Amendment. D. Schedule completion date must be the same as the Contract completion date. Time between the end of construction and the Contract completion date is float time. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Construction Progress Schedule 013304-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 This page intentionally left blank. 01 33 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION 1.00 GENERAL 1.01 WORK INCLUDED A. Provide a video recording of the Site prior to the beginning of construction. 1. Record the condition of all existing facilities in or abutting the construction area (right- of-way) including but not limited to streets, curb and gutter, utilities, driveways, fencing, landscaping, etc. 2. Record after construction staking is complete but prior to any clearing. 3. Provide one copy of the recording, dated and labeled to the OAR before the start of construction. Provide additional recording as directed by the OAR if the recording provided is not considered suitable for the purpose of recording pre-existing conditions. B. Furnish an adequate number of photographs of the Site to clearly depict the completed Project. 1. Provide a minimum of ten different views. 2. Photograph a panoramic view of the entire Site. 3. Photograph all significant areas of completed construction. 4. Completion photographs are not to be taken until all construction trailers, excess materials, trash, and debris have been removed. C. All photographs, video recordings, and a digital copy of this media are to become the property of the Owner. Photographs or recordings may not be used for publication, or public or private display without the written consent of the Owner. 1.02 QUALITY ASSURANCE A. Provide clear photographs and recordings taken with proper exposure. View photographs and recordings in the field and take new photographs or recordings immediately if photos of an adequate print quality cannot be produced or video quality is not adequate. Provide photographs with adequate quality and resolution to permit enlargements. 1.03 DOCUMENT SUBMITTAL A. Submit photographic documentation as Record Data in accordance with SECTION 0133 00 DOCUMENT MANAGEMENT. B. Submit two DVDs of the video recording as Record Data in accordance with SECTION 0133 00 DOCUMENT MANAGEMENT. Video and Photographic Documentation 013305-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 2.00 PRODUCTS 2.01 PHOTOGRAPHS A. Provide photographs in digital format with a minimum resolution of 1280 x 960, accomplished without a digital zoom. B. Take photographs at locations acceptable to the OAR. C. Provide two color prints of each photograph and a digital copy on a DVD of each photograph taken. D. Identify each print on back with: 1. Project name. 2. Date, time, location, and orientation of the exposure. 3. Description of the subject of photograph. 2.02 VIDEO RECORDING A. Provide digital format on DVD that can be played with Windows Media Player in common format in full screen mode. B. Identify Project on video by audio or visual means. C. Video file size should not exceed 400 MB. D. Video resolution shall be 1080p. E. The quality of the video must be sufficient to determine the existing conditions of the construction area. Camera panning must be performed while at rest, do not pan the camera while walking or driving. Camera pans should be performed at intervals sufficient to clearly view the entire construction area. F. DVD shall be labeled with construction stationing and stationing should be called out, voice recorded, in the video. G. The entire construction area recording shall be submitted at once. Sections submitted separately will not be accepted. 3.00 EXECUTION (NOT USED) END OF SECTION Video and Photographic Documentation 013305-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 01 35 00 SPECIAL PROCEDURES 1.00 GENERAL 1.01 PLAN OF ACTION A. Submit a written plan of action for approval for shutting down essential services. These include: 1. Electrical power, 2. Control power, 3. Pipelines or wastewater systems, 4. Communications equipment, and 5. Other designated functions. B. Describe the following in the plan of action: 1. Scheduled dates for construction; 2. Work to be performed; 3. Utilities, piping, or services affected; 4. Length of time the service or utility will be disturbed; 5. Procedures to be used to carry out the Work; 6. Plan of Action to handle emergencies; 7. List of manpower, equipment, and ancillary supplies; 8. Backups for key pieces of equipment and key personnel; 9. Contingency plan that will be used if the original schedule cannot be met; and C. Submit plan 2 weeks prior to beginning the Work. 1.02 OWNER ASSISTANCE A. The Owner will be available during the pre-bid site walkthrough to provide input on drilling sites, such as access and water discharge locations. B. The Owner will provide one or more flow meters to the Contractor for use when obtaining water supply from fire hydrants. A damage deposit for the meter(s)will be paid up front by the Contractor, and is eligible for reimbursement. C. The Owner will inspect each drilling site periodically during field activities and after substantial completion to determine whether the site restoration is acceptable for final completion. Special Procedures 013500-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Special Procedures 013500-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 014000 QUALITY MANAGEMENT 1.00 GENERAL 1.01 CONTRACTOR'S RESPONSIBILITIES A. Implement quality control measures 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 Subcontractors and Suppliers. Correct Defective Work. 3. Provide safe access for all inspection and testing activities. 4. 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. 5. Apply quality control measures to documentation provided for the Project. 6. Implement countermeasures to prevent future Defective Work. B. Provide an update on quality control activities at monthly progress meetings required by SECTION 01 31 13 PROJECT COORDINATION. C. Owner will withhold payment for Defective Work, or Work that has not been tested or inspected in accordance with Contract Documents. D. 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 BYTHE OPT A. OPT will perform its own quality assurance tests independent of the Contractor's Quality Control Program. B. Quality assurance testing performed by the OPT will be paid for by the Owner. C. 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; 3. Relieve the Contractor of its responsibility for damage to or loss of Work or products before OPT's acceptance; Quality Management 014000-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 4. Constitute or imply OPT's acceptance; and 5. Affect the continuing rights of the Owner after OPT's acceptance of completed Work. D. Work is subject to OPT's quality assurance observations or testing at any time. 1.03 CONTRACTOR'S USE OF OPT'S TEST REPORTS (NOT USED) 1.04 DOCUMENTATION Provide Certified Test Reports for products to be incorporated into the Project. Provide reports to indicate that proposed products comply with the Contract Documents or indicate that proposed products do not comply with the Contract Documents and why it does not comply. 1.05 STANDARDS Verify products conform to recognized test procedures as listed in the American Society of Testing Materials (ASTM) or other testing associations. 1.06 DELIVERY AND STORAGE Handle and protect products and construction materials at the Site in accordance with recognized test procedures. 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 to correct Defective Work as the expense of Contractor. 1. Tests performed by testing laboratories may be submitted on their standard test report forms if acceptable to the OPT. These reports must include the following: a. Name of the Owner, Project title and number and Contractor; b. Name of the laboratory, address, and telephone number; C. Name and signature of the laboratory personnel performing the test; d. Description of the product being sampled or tested; e. Date and time of sampling, inspection, and testing; f. Date the report was issued; Quality Management 014000-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 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 Engineer 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 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(NOT USED) 1.11 QUALITY CONTROL PLAN (NOT USED) 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION 3.01 IMPLEMENT CONTRACTOR'S QUALITY CONTROL A. Perform quality control observations at each drilling site. 1. Planning Phase prior to field construction: 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 Record Data, and are properly stored. Quality Management 014000-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 f. Discuss procedures for controlling quality of the Work. Document construction tolerances and workmanship standards for the Work task. g. Check that the portion of the plan for the Work to be performed incorporates document review comments. h. Conduct a meeting attended by 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. i. Do not move to the next phase unless results of investigations required for the planning phase indicate that requirements have been met. 2. Work Phase: Complete this phase after the Planning Phase: a. Notify the OAR at least 24 hours in advance of beginning the Work and discuss the review of the planning effort to indicate that requirements have been met. b. Check the Work to ensure that it is in full compliance with the Contract Documents. 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. B. 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 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 014000-4 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 01 50 00 TEMPORARY FACILITIES AND CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide temporary facilities, including field tent/office, storage sheds, and temporary utilities needed by Contractor to complete the Work. B. Install and maintain temporary Project identification signs. Provide temporary on-site informational signs to identify key elements of the construction facilities. Do not allow other signs to be displayed. 1.02 QUALITY ASSURANCE (NOT USED) 1.03 DELIVERY AND STORAGE A. Arrange transportation, loading, and handling of temporary buildings and sheds. 1.04 JOB CONDITIONS A. Locate buildings and sheds at the Site as indicated or as approved by the OPT. B. Prepare the Site by removing trees, brush, or debris and performing demolition or grubbing needed to clear a space adequate for the structures. NOTE: Only one site (Site 4) requires this activity and is listed as an Additive Alternative bid item. C. Maintain, expand as required, and modify temporary services and facilities as needed throughout the progress of the Work. D. Remove services and facilities when approved by the OAR. E. Operate temporary facilities in a safe and efficient manner. 1. Restrict loads on temporary services or facilities to within their designed or designated capacities. 2. Provide sanitary conditions. Prevent public nuisance or hazardous conditions from developing or existing at the Site. 3. Prevent freezing of pipes, flooding, or the contamination of water. 4. Maintain Site security and protection of the facilities. 1.05 OPTIONS A. Construction offices may be prefabricated buildings on skids or mobile trailers. B. Storage sheds may be prefabricated buildings on skids or truck trailers. Temporary Facilities and Controls 015000-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 2.00 PRODUCTS 2.01 TEMPORARY FIELD OFFICES (NOT USED) 2.02 TEMPORARY STORAGE BUILDINGS A. Furnish storage buildings of adequate size to store any materials or equipment delivered to the Site that might be affected by weather. 2.03 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities at the Site from the commencement of the Project until Project conclusion. Maintain these facilities in a clean and sanitary condition at all times, and comply with the requirements of the local health authority. On large sites, provide portable toilets at such locations within footprint of disturbance area approved by OAR. B. Use these sanitary facilities. Do not use restrooms within existing or Owner-occupied buildings. 2.04 TEMPORARY HEAT(NOT USED) 2.05 TEMPORARY UTILITIES (NOT USED) 2.06 WATER FOR CONSTRUCTION A. Provide temporary water. Potable water may be purchased from the Owner by obtaining a water meter from the Owner and transporting water from a water hydrant. Non-potable water may be used for hydraulic testing of non-potable basins or pipelines. Include the cost of water in the Contract Price. B. Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Site throughout construction. 3.00 EXECUTION 3.01 LOCATION OF TEMPORARY FACILITIES A. Locate temporary facilities in areas approved by the OAR. Construct and install signs at locations approved by the OAR. Install informational signs so they are clearly visible. 3.02 PROJECT IDENTIFICATION AND SIGNS A. The Owner will furnish two Project signs to be installed by the Contractor.The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the OAR. Temporary Facilities and Controls 015000-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 3.03 TEMPORARY LIGHTING A. Provide lighting that is adequate to perform Work within any space. Temporary lights may be removed once the permanent lighting is in service. B. Provide portable flood lights at any time that Work will be performed outside the structure at night. Provide adequate lighting at any location Work is being performed. 3.04 DRINKING WATER A. Provide all field offices with potable water. Provide a dispenser and cooling apparatus if bottled drinking water is provided. 3.05 CONSTRUCTION FENCE A. Install and maintain a construction fence around the Site and off-site storage yards. Fence must be a minimum 6 feet high chain link construction unless shown otherwise. Provide gates with padlocks. 3.06 REMOVAL OF TEMPORARY FACILITIES A. Remove temporary buildings, sheds, and utilities at the conclusion of the Project and restore the Site to original condition or finished in accordance with the Drawings. B. Remove informational signs upon completion of construction. C. Remove Project identification signs, framing, supports, and foundations upon completion of the Project. 3.07 MAINTENANCE AND JANITORIAL SERVICE A. Empty trash receptacles daily or as needed at Contractor expense. B. Maintain signs and supports in a neat, clean condition. Repair damage to structures, framings, or signs. END OF SECTION Temporary Facilities and Controls 015000-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 This page intentionally left blank. 01 57 00 TEMPORARY CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide labor, materials, equipment, and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. B. Construct temporary impounding works, channels, diversions, furnishing and operation of pumps, installing piping and fittings, and other construction for control of conditions at the Site. Remove temporary controls at the end of the Project. C. According to TCEQ- Region 14, since the total area of disturbance per site is less than 1 acre a Storm Water Pollution Prevention Plan (SWPPP) is not required by Texas Pollutant Discharge Elimination System (TPDES) General Permit No.TXR150000 for stormwater discharges from construction activities. It is the responsibility of Contractor to verify permit needs for each site prior to drilling and comply with all requirements of the Texas Commission on Environmental Quality(TCEQ) and Laws and Regulations. File required legal notices and obtain required permits prior to beginning any construction activity. D. Provide labor, materials, equipment, and incidentals necessary to prevent stormwater pollution for the duration of the Project. Provide and maintain erosion and sediment control structures as required to preventive sediment and other pollutants from the Site from entering any stormwater system including open channels. Remove pollution control structures when no longer required to prevent stormwater pollution. 1.02 QUALITY ASSURANCE A. Construct and maintain temporary controls with adequate workmanship using durable materials to provide effective environmental management systems meeting the requirements of the Contract Documents and Laws and Regulations. Use materials that require minimal maintenance to prevent disruption of construction activities while providing adequate protection of the environment. B. Periodically inspect systems to determine that they are meeting the requirements of the Contract Documents. 1.03 DOCUMENT SUBMITTAL A. Provide copies of notices, records, and reports required by the Contract Documents or Laws and Regulations as Record Data in accordance with SECTION 0133 03 RECORD DATA. 1.04 STANDARDS A. Provide a SWPPP that complies with all requirements of TPDES General Permit No. TXR150000 and any other applicable Laws and Regulations, if applicable. B. Perform Work to comply with the City of Corpus Christi Code of Ordinances, Part III, Chapter 14, Article X-titled "STORM WATER QUALITY MANAGEMENT PLANS" and any other applicable Laws and Regulations. Temporary Controls 015700-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 1.05 PERMITS A. Submit the following to the TCEQ and the Operator of any Municipal Separate Storm Sewer System (MS4) receiving stormwater discharges from the Site: 1. Notice of Intent (NOI) at least 48 hours prior to beginning construction activity. Construction activity may commence 24 hours after the submittal of an electronic NOI. 2. Notice of Change (NOC) letter when relevant facts or incorrect information was submitted in the NOI, or if relevant information in the NOI changes during the course of construction activity. 3. Notice of Termination (NOT)when the construction Project has been completed and stabilized. B. Post a copy of the NOI at the Site in a location where it is readily available for viewing by the general public and as required by Laws and Regulations prior to starting construction activities and maintain the posting until completion of the construction activities. C. Maintain copies of a schedule of major construction activities and inspection reports, 1.06 STORMWATER POLLUTION CONTROL 1. Submit of a Notice of Intent to the TCEQ. Total disturbed acreage is less than 1 acre per site and thus SWPPP is not anticipated to be required. 2. Develop stormwater pollution controls to prevent drilling spoils from leaving the site with runoff water during a storm event and submit to ENGINEER at least 2 days prior to the start of construction. 3. Develop and implement appropriate Best Management Practices as established by local agencies of jurisdiction. 4. Submit reports to the TCEQ as required as a condition of the TPDES General Permit, if required. 5. Submit copies of the reports to the Engineer as Record Data in accordance with SECTION 0133 03 RECORD DATA. 6. Retain copies of these documents at the Site at all times for review and inspection by the OPT or regulatory agencies. Post a copy of the permit as required by Laws and Regulations. B. Use forms required by the TCEQ to file the Notice of Intent. Submit the Notice of Intent at least 2 days prior to the start of construction. Provide draft copies of the Notice of Intent, and any other pertinent TCEQ submittal documents to Owner for review prior to submittal to the TCEQ. C. Return any property disturbed by construction activities to either specified conditions or pre-construction conditions as set forth in the Contract Documents. Provide an overall erosion and sedimentation control system that will protect all undisturbed areas and soil stockpiles/spoil areas. Implement appropriate Best Management Practices and techniques to control erosion and sedimentation and maintain these practices and techniques in effective operating condition during construction. Permanently stabilize exposed soil and fill as soon as practical during the Work. Temporary Controls 015700-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 D. Assume sole responsibility for the means, methods, techniques, sequences, and procedures for furnishing, installing, and maintaining erosion and sedimentation control structures. Modify the system as required to effectively control erosion and sediment. E. Retain copies of reports required by the TPDES General Permit for 3 years from date of Final Completion. 1.07 POLLUTION CONTROL A. Prevent the contamination of soil,water, or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air-borne pollutants. Prevent dispersal of pollutants into the atmosphere. Do not dump or otherwise discharge noxious or harmful fluids into drains or sewers, nor allow noxious liquids to contaminate public waterways in any manner. B. Provide clean equipment free of lubricant and fuel leaks. Place tarps below any equipment suspected of leaking to prevent contamination of site, and offsite migration of lubricants and fuels with runoff water. C. Drilling mud or soil laden well discharges to the ground shall use appropriate controls such as silt fence or filter socks to minimize silt/mud load in water leaving the site. D. Provide equipment and personnel and perform emergency measures necessary to contain any spillage. 1. Contain chemicals in protective areas and do not dump on soil. Dispose of such materials at off-site locations in an acceptable manner. 2. Excavate contaminated soil and dispose at an off-site location if contamination of the soil does occur. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil. 3. Provide documentation to the Owner which states the nature and strength of the contaminant, method of disposal, and the location of the disposal site. 4. Comply with Laws and Regulations regarding the disposal of pollutants. E. Groundwater or run-off water which has come into contact with noxious chemicals, sludge, or sludge-contaminated soil is considered contaminated. Contaminated water must not be allowed to enter streams or water courses, leave the Site in a non-contained form, or enter non-contaminated areas of the Site. 1. Pump contaminated water to holding ponds constructed by the Contractor for this purpose, or discharge to areas on the interior of the Site, as designated by the OAR. 2. Construct temporary earthen dikes or take other precautions and measures as required to contain the contaminated water and pump to a designated storage area. 3. Wash any equipment used for handling contaminated water or soil within contaminated areas three times with uncontaminated water prior to using such equipment in an uncontaminated area. Dispose of wash water used to wash such equipment as contaminated water. Temporary Controls 015700-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 1.08 EARTH CONTROL A. Remove excess soil, spoil materials, and other earth not required for backfill at the time of generation. Control stockpiled materials to eliminate interference with Contractor and Owner's operations. B. Dispose of excess earth off the Site. Provide written approval from the property owner for soils deposited on private property. Obtain approval of the Owner if this disposal impacts the use of Site or other easements. 1.09 MANAGEMENT OF WATER A. Manage water resulting from rains or ground water at the Site. Maintain trenches and excavations free of water at all times. B. Lower the water table in the construction area by acceptable means if necessary to maintain a dry and workable condition at all times. Provide drains, sumps, casings, well points, and other water control devices as necessary to remove excess water. C. Provide continuous operation of water management actions. Maintain standby equipment to provide proper and continuous operation for water management. D. Ensure that water drainage does not damage adjacent property. Divert water into the same natural watercourse in which its headwaters are located, or other natural stream or waterway as approved by the Owner. Assume responsibility for the discharge of water from the Site. E. Remove the temporary construction and restore the Site in a manner acceptable to the OAR and to match surrounding material at the conclusion of the Work. 1.10 DEWATERING A. This item is considered subsidiary for all dewatering methods other than "well pointing" to the appropriate bid items as described in the Bid Form where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. B. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. C. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and/or settling prior to entering a storm water conduit or inlet. D. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharges groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream, the Corpus Christi Bay or CC Ship Channel. E. Testing of groundwater quality is to be performed by the Owner, at the Owner's expense, prior to commencing discharge and shall be retested by the Owner, at the Owner's Temporary Controls 015700-4 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 expense, a minimum of once a week. Contractor shall coordinate with the Owner on all testing. Tests will also be performed as each new area of construction is started. F. Another option for disposal of groundwater by Contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Designer on a case by case basis. G. Prior to Pumping groundwater from a trench to the sanitary sewer system the Contractor shall contact Wastewater Pre-treatment Coordinator at 361-826-1817 to obtain a "no cost" permit from the Owner's Waste Water Department. Owner will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit overnight, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. 1.11 DISPOSAL OF CONTAMINATED GROUNDWATER- NOT APPLICABLE 1.12 DISPOSAL OF HIGHLY CHLORINATED WATER Dispose of water used for testing, disinfection, and/or line flushing. Comply with Laws and Regulation regarding the disposal of contaminated water, including water with levels of chlorine, which exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. Comply with the requirements of all regulatory agencies in the disposal of all water used in the Project. 1.13 WINDSTORM CERTIFICATION It is the Driller's responsibility to assure that all affected materials and installation associated with this project shall comply with Texas Department of Insurance Requirements for windstorm resistant construction for design wind speed as required by IBC 2009. 2.00 PRODUCTS 2.01 MATERIALS A. Provide materials that comply with Laws and Regulations. 3.00 EXECUTION 3.01 CONSTRUCTING, MAINTAINING AND REMOVING TEMPORARY CONTROLS A. Construct temporary controls in accordance with Laws and Regulations. B. Maintain controls in accordance with regulatory requirements where applicable, or in accordance with the requirements of the Contract Documents. C. Remove temporary controls when no longer required, but before the Project is complete. Correct any damage or pollution that occurs as the result of removing controls while they are still required. END OF SECTION Temporary Controls 015700-5 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 This page intentionally left blank. 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 Engineer 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. Engineer 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. Engineer 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 Engineer when the items of Work in the Engineer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Engineer 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 Engineer 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 Engineer when: 1. Work has been completed in compliance with the Contract Documents; and 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. 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. Execution and Closeout Requirements 017000-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 C. Engineer 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 Engineer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Engineer 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(NOT USED) 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. Record Data and other documents as required by the Contract Documents. E. Evidence of continuing insurance and bond coverage as required by the Contract Documents. F. Final Photographs per SECTION 0133 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION. 1.07 TRANSFER OF UTILITIES Return water meters to Owner for return of deposit. 1.08 WARRANTIES, BONDS, AND SERVICES AGREEMENTS (NOT USED) 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Execution and Closeout Requirements 017000-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 �F)R City of Corpus Christi Corpus Christi Aquifer Storage and Recovery Feasibility Study- Project Number E16265 Construction Documents Part T- Technical Specifications and Appendices March 2017 Prepared by: HDR Engineering, Inc Texas P.E. Firm Registration No. F-754 4401 West Gate Blvd, Suite 400 OF-r � Austin, TX 78745 512-912-5100 KRISTINE S. SHAW 93962 '" This page intentionally left blank. Part T-Technical Specifications This package includes: Division 01-General Requirements Section 0130 00 Special Conditions Section 0135 05 Environmental Protection and Special Controls Section 017413 Cleaning Division 31- Earthwork Section 3110 00 Site Clearing Section 3123 00 Earthwork Division 32- Exterior Improvements Section 32 9113 Topsoiling and Finished Grading Section 32 92 00 Seeding Division 33- Utilities Section 33 2131 Gravel Pack Wells This page intentionally left blank. I SECTION 01 30 00 2 SPECIAL CONDITIONS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction conference. 8 b. Drawings and Contract Documents for CONTRACTOR use. 9 c. Utilities for construction. 10 d. Site restoration. 11 e. Site access. 12 f. Produced water. 13 B. Related Specification Sections include but are not necessarily limited to: 14 1. Division 00—General Conditions 15 2. Division 01 —Summary of Work;Temporary Controls 16 3. Division 31—Earthwork 17 4. Division 32—Topsoiling and Finished Grading; Seeding 18 5. Division 33—Gravel Pack Wells. 19 20 1.2 PRECONSTRUCTION CONFERENCE 21 A. A preconstruction conference shall be held at construction site after award of Contract. 22 1. ENGINEER will notify the CONTRACTOR as to the date and time of the conference two 23 (2)weeks in advance of the proposed date. 24 2. CONTRACTOR's Project Manager shall attend. 25 1.3 DRAWINGS AND CONTRACT DOCUMENTS FOR CONTRACTOR USE 26 A. Refer to General Conditions. 27 B. CONTRACTOR shall pickup all "no-charge" documents within 10 days from date of Notice to 28 Proceed. 29 1.4 UTILITIES FOR CONSTRUCTION 30 A. Arrange and pay for all temporary electric utility service required for execution of the Contract 31 and in accordance with SECTION 01 1100 SUMMARY OF WORK. 32 B. OWNER will provide water supply to the CONTRACTOR from fire hydrants located within the 33 project area.Distance to fire hydrants from drilling sites ranges from about 100 feet to 1 mile. 34 CONTRACTOR is responsible for providing and filling water trucks and transporting water to 35 drilling sites.CONTRACTOR will obtain one or more water meters from the OWNER and will 36 hook up the meter(s)to track all water used from fire hydrants.An up-front meter damage 37 deposit will be paid by the CONTRACTOR,eligible for reimbursement by OWNER at project 38 completion.CONTRACTOR will not be charged for water usage.CONTRACTOR is to 39 coordinate with the OWNER for water supply. 40 C. Wastewater service is not available.Furnish portable toilets for the use of CONTRACTOR's 41 personnel. 42 1.5 SITE RESTORATION 43 A. CONTRACTOR shall restore the site to preconstruction conditions or better. 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No.E16265) SPECIAL CONDITIONS 01 30 00-1 1 1.6 SITE ACCESS 2 A. All drilling will be on property owned by the OWNER, as shown on Drawings. 3 B. Access to drilling sites will be as follows: 4 1. Drilling Site#1: All equipment is to enter the work site from an unnamed gravel road via 5 Bear Lane. 6 2. Drilling Site#2: All equipment is to enter the work site from McGloin Road.Access is 7 controlled by a gate located approximately 700 feet east of the drilling site.CONTRACTOR 8 and ENGINEER will work with OWNER to obtain access badges in order to use the gate. 9 3. Drilling Site#3:Westhaven Park.All equipment is to enter the work site from the east from 10 Darcey Drive.CONTRACTOR will coordinate with OWNER on the best way to cross the 11 park with equipment. 12 4. Drilling Site#4: All equipment is to enter the work site from Calle las Colonias via Saratoga 13 Boulevard.If this site is selected for drilling,CONTRACTOR will grub and clear 14 vegetation, and construct and maintain a one-lane access road of approximately 1,00017T 15 length and up to 10 FT width to the drilling site that allows for passage of 16 CONTRACTOR's equipment for the duration of the project. 17 5. Drilling Site#5: All equipment is to enter the work site from International Drive via TX-44. 18 This is the main entrance to the Corpus Christi International Airport.Work will be outside 19 of secured areas. 20 6. Drilling Site#6: All equipment is to enter the work site from Old Brownsville Road or 21 Airport Road.Driving over a curb will be required. 22 C. There are no restrictions on hours of operation. 23 1.7 PRODUCED WATER 24 A. Water in the target water-bearing zone(Chicot Aquifer and Evangeline Aquifer)is expected to 25 be fresh to moderately saline,with total dissolved solids concentrations below or near 10,000 26 milligrams per liter.This water may be discharged to surface ditches and depressions or storm 27 sewers located near the drilling sites according to provisions included in SECTION 0157 00 28 TEMPORARY CONTROLS, and shall be relatively free of sediment. 29 END OF SECTION 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No.E16265) SPECIAL CONDITIONS 01 30 00-2 I SECTION 01 35 05 2 ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Minimizing the pollution of air, water,or land;control of noise,the disposal of solid waste 7 materials, and protection of historical or archaeological interest. 8 B. Related Specification Sections include but are not necessarily limited to: 9 1. Division 01 —General Requirements;Project Management and Coordination;Temporary 10 Controls 11 2. Division 02—Topsoiling and Finished Grading; Seeding. 12 PART 2 - PRODUCTS - (NOT APPLICABLE TO THIS SPECIFICATION SECTION) 13 PART 3 - EXECUTION 14 3.1 INSTALLATION 15 A. Employ and utilize environmental protection methods,obtain all necessary permits, and fully 16 observe all local, state, and federal regulations including provisions in accordance with 17 SECTION 0157 00 TEMPORARY CONTROLS and SECTION 01 31 00 PROJECT 18 MANAGEMENT AND COORDINATION. 19 B. Land Protection: 20 1. Except for any work or storage area and access routes specifically assigned for the use of 21 the CONTRACTOR,the land areas outside the Work Site shall be preserved in their present 22 condition.The Work Site is defined as a maximum 200 FT x 200 FT drill pad and one-lane 23 access road or driveway at each drilling site. 24 2. CONTRACTOR shall confine his construction activities to the Work Site. 25 3. Manage and control all borrow areas, work or storage areas, access routes and embankments 26 to prevent sediment or development water from entering nearby water or land adjacent to 27 the Work Site. 28 4. Restore all disturbed areas including borrow and haul. 29 5. Plan and execute earthwork in a manner to minimize duration of exposure of unprotected 30 soils. 31 6. The CONTRACTOR shall not deface,injure or destroy trees and vegetation,nor remove, 32 cut,or disturb them outside the Work Site without approval of the ENGINEER. 33 a. Any damage caused by the CONTRACTOR's equipment or operations shall be restored 34 as nearly as possible to its original condition at the CONTRACTOR's expense. 35 7. Mud pits are to be drained and cleaned of debris and filled and compacted with borrow 36 material,drill cuttings or similar soils that are mostly free of drilling mud and water. 37 C. Surface Water and Groundwater Protection: 38 1. Utilize, as necessary,erosion control methods to protect disturbed areas. 39 a. These controls shall be maintained until Work is complete,or until they are no longer 40 warranted and concurrence is received from the ENGINEER. 41 b. Physically retard the rate and volume of run-on and runoff by: 42 1) Implementing structural practices such as straw bale, silt fences, and sediment 43 traps. 44 2) Providing graveled or rocked access entrance and exit drives to reduce the tracking 45 of sediment onto paved roads. 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No.E16265) ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01 3505-1 1 2. Discharges from the construction site shall not contain pollutants at concentrations that 2 produce objectionable conditions in the receiving stream or waterway. 3 3. Collect drilling fluids and water with high concentrations of sediment. Dispose these wastes 4 at an approved solid waste disposal site or in an alternate manner approved by ENGINEER 5 and regulatory agencies. 6 4. Aquifer protection measures should be in compliance with Texas Department of Licensing 7 and Regulation(TDLR)rules. 8 D. Solid Waste Disposal: 9 1. Gather and contain solid waste on a daily basis. 10 2. Provide disposal of degradable and non-degradable solid waste to an approved solid waste 11 disposal site or in an alternate manner approved by ENGINEER and regulatory agencies. 12 E. Fuel and Chemical Handling: 13 1. Store and dispose of chemical wastes in a manner approved by regulatory agencies. 14 2. Take special measures to prevent chemicals,fuels,oils,greases,herbicides, and insecticides 15 from contacting site soils and from entering drainage ways. 16 3. Do not allow water used in onsite material processing,concrete curing,cleanup, and other 17 waste waters to enter a drainage way(s)or stream. 18 4. The CONTRACTOR shall provide containment around fueling and chemical storage areas 19 to ensure that spills in these areas do not reach waters of the state and/or groundwater. 20 F. Control of Dust: 21 1. The control of dust shall mean that no construction activity shall take place without 22 applying all such reasonable measures as may be required to prevent particulate matter from 23 becoming airborne so that it remains visible beyond the limits of construction. 24 2. Utilize methods and practices of construction to eliminate dust in full observance of agency 25 regulations. 26 3. The ENGINEER will determine the effectiveness of the dust control program and may 27 request the CONTRACTOR to provide additional measures, at no additional cost to 28 OWNER. 29 G. Burning: 30 1. Do not burn material on the site. 31 2. If the CONTRACTOR elects to dispose of waste materials by burning, make arrangements 32 for an off-site burning area and conform to all agency regulations. 33 H. Control of Noise: 34 1. Control noise by fitting equipment with appropriate mufflers. 35 2. Hours of operations may be curtailed by local ordinances or agreements with nearby 36 residents. 37 I. Completion of Work: 38 1. Upon completion of work,leave area in a clean, natural looking condition. 39 2. Grade,fill, and seed all disturbed areas. 40 3. Ensure all signs of temporary construction and activities incidental to construction of 41 required permanent work are removed. 42 J. Historical Protection: 43 1. If during the course of construction,evidence of deposits of historical or archaeological 44 interests is found,cease work affecting find and notify ENGINEER and OWNER. 45 2. Do not disturb deposits until written notice from ENGINEER or OWNER is given to 46 proceed. 47 3. Adhere to Archaeological Requirements in Section 01 3100 of the Contracting Documents. 49 END OF SECTION 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No.E16265) ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01 35 05-2 I SECTION 01 74 13 2 CLEANING 3 PART 1 - GENERAL 4 1.1 STORAGE AND HANDLING 5 A. Store cleaning products and cleaning wastes in containers specifically designed for those 6 materials. 7 1.2 SCHEDULING 8 A. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process 9 will not affect surrounding land owners. 10 PART 2 - PRODUCTS 11 2.1 MATERIALS 12 A. Cleaning Agents: 13 1. Compatible with intended use. 14 PART 3 - EXECUTION 15 3.1 CLEANING-GENERAL 16 A. Adhere to the requirements of SECTION 00 3100 PROJECT MANAGEMENT AND 17 COORDINATION of the Contracting Documents. 18 B. Prevent accumulation of wastes that create hazardous conditions. 19 C. Do not dispose concrete washout waste on-site. 20 D. Do not dispose of volatile wastes such as mineral spirits,oil, paint thinner,or fuel in storm or 21 sanitary drains or sewers. 22 E. Dispose of degradable and non-degradable debris at an approved solid waste disposal site or in 23 an alternate manner approved by ENGINEER and regulatory agencies 24 F. Handle materials in a controlled manner with as few handlings as possible. 25 G. On completion of work,leave area in a clean,natural looking condition. 26 H. Remove all signs of temporary construction and activities incidental to construction of required 27 permanent Work. 28 L Do not burn on-site. 29 3.2 EXTERIOR(SITE)CLEANING 30 A. Cleaning During Construction: 31 1. Construction debris: 32 a. Confine in strategically located container(s): 33 1) Cover to prevent blowing by wind. 34 2) Haul from site minimum once a week. 35 b. Remove from work area to container daily. 36 2. Soils, sand, and gravel deposited on paved areas and walks: 37 a. Remove as required to prevent muddy or dusty conditions. 38 b. Do not flush into storm sewer system. 39 B. Final Cleaning: 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No.E16265) CLEANING 017413-1 1 1. Remove trash and debris containers from site. 2 2. Clean paved roadways. 4 END OF SECTION 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No.E16265) CLEANING 017413-2 I SECTION 31 10 00 2 SITE CLEARING 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Tree protection, stripping topsoil,clearing and grubbing, and disposal. 7 2. This section applies to: 8 a. Preparation of drill pads. 9 b. Preparation of access road at drilling site#4(contingency site). 10 B. Related Sections include but are not necessarily limited to: 11 1. Division 00—General Conditions;Bid Forms. 12 2. Division 01 —Special Conditions;Environmental Protection and Special Controls 13 3. Section 31 —Earthwork. 14 4. Section 32—Topsoiling and Finished Grading. 15 PART 2 - PRODUCTS - (NOT APPLICABLE TO THIS SECTION) 16 PART 3 - EXECUTION 17 3.1 PREPARATION 18 A. CONTRACTOR may prepare a maximum 1-acre(208 FT x 208 FT) staging area at Drilling Site 19 #3 for his purposes. 20 B. CONTRACTOR may prepare a maximum 200 FT x 200 FT drill pad at each drilling site for his 21 purposes and to provide a safe working surface.At Drilling Site#3 the staging area will function 22 as the drill pad and total disturbance shall not exceed 1 acre. 23 C. If Drilling Site#4 is selected by ENGINEER for drilling,CONTRACTOR will clear and grub 24 vegetation, and construct and maintain a one-lane access road of approximately 1,000 FT length 25 and up to 10 FT width to the drilling site that allows for passage of CONTRACTOR's 26 equipment for the duration of the project. 27 D. Protect existing trees and other vegetation to remain against damage. 28 1. Do not smother trees by stockpiling construction materials or excavated materials within 29 drip line. 30 2. Avoid foot or vehicular traffic or parking of vehicles within drip line. 31 3. Provide temporary protection as required. 32 3.2 SITE CLEARING 33 A. Topsoil Removal: 34 1. Strip topsoil to depths encountered. 35 a. Remove heavy growths of grass before stripping. 36 b. Stop topsoil stripping sufficient distance from such trees to prevent damage to main 37 root system. 38 c. Separate from underlying subsoil or objectionable material. 39 2. Stockpile topsoil on site. 40 a. Construct storage piles to freely drain surface water. 41 b. Seed or cover storage piles to prevent erosion. 42 3. Do not strip topsoil in wooded areas where no change in grade occurs. 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project(Project No.E16265) SITE CLEARING 31 1000-1 I B. Clearing and Grubbing: 2 1. Clear from within limits of construction the minimum amount of brush required to complete 3 the work. 4 a. Include shrubs,brush,downed timber,rotten wood,heavy growth of grass and weeds, 5 vines,rubbish, structures and debris. 6 b. No limbs greater than 6-in diameter are anticipated for removal. 7 2. Grub(remove)from within limits of construction all stumps,roots,root mats,logs and 8 debris encountered. 9 C. Disposal of Waste Materials: 10 1. Do not burn combustible materials on site. 11 2. Remove all waste materials from site. 12 3. Do not bury organic matter on site. 13 3.3 ACCEPTANCE 14 A. Prior to site clearing,obtain ENGINEER's acceptance of proposed site clearing. 15 END OF SECTION 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project(Project No.E16265) SITE CLEARING 311000-2 I SECTION 31 23 00 2 EARTHWORK 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Site excavation and grading. 7 2. This section applies to excavation and backfill of mud pits. 8 B. Related Sections include but are not necessarily limited to: 9 1. Division 00-General Conditions 10 2. Division 01—Project Management and Coordination 11 3. Division 33—Gravel Pack Wells. 12 PART 2 - PRODUCTS 13 2.1 MATERIALS 14 A. Backfill: Selected material from onsite mud pit excavation and drill cuttings. 15 PART 3 - EXECUTION 16 3.1 PROTECTION 17 A. Protect existing surface and subsurface features on-site and adjacent to site as follows: 18 1. Verify location of utilities in accordance with applicable laws and regulations.Omission or 19 inclusion of utility items does not constitute non-existence or definite location. Secure and 20 examine local utility records for location data. 21 a. Take necessary precautions to protect existing utilities from damage due to any construction 22 activity. 23 b. Repair damages to utility items at own expense. 24 c. In case of damage,notify ENGINEER at once so required protective measures may be 25 taken. 26 2. Maintain free of damage,existing sidewalks, structures, and pavement. Any item known or 27 unknown or not properly located that is inadvertently damaged shall be repaired to original 28 condition.All repairs to be made and paid for by CONTRACTOR. 29 3. Provide full access to public and private premises,fire hydrants, street crossings, sidewalks and 30 other points as designated by OWNER to prevent serious interruption of travel. 31 4. Maintain stockpiles and excavations within the limits of the maximum 200 FT x 200 FT drill 32 pad in such a manner to prevent inconvenience or damage to structures on-site or on adjoining 33 property. 34 5. Avoid surcharge or excavation procedures which can result in heaving,caving,or slides. 35 B. Dispose of waste materials,legally,off site.Burning, as a means of waste disposal,is not permitted. 36 3.2 SITE EXCAVATION AND GRADING 37 A. The work includes all operations in connection with excavation,backfilling,rough grading, and 38 disposal of excess materials in connection with use of mud pits at the drilling sites. 39 B. Excavation,Backfilling, and Grading: 40 1. At CONTRACTOR's option,mud pits may be excavated and used during drilling. 41 Alternatively,driller may also furnish steel tanks. CONTRACTOR to indicate preference in bid. 42 2. Excavate mud pit of minimum dimensions required for drilling. 10031312 Corpus Christi Aquifer Storage and Recovery Conservation District August 2016 Corpus Christi Aquifer Storage and Recovery Feasibility Project(Project No.E16265) EARTHWORK 31 2300-1 1 3. Remove liquids including drilling mud and sediment-laden water prior to backfill.Dispose of 2 drilling mud and sediment-laden water off site at an approved location in accordance with local 3 regulations. 4 4. Backfill mud pit using excavated soil and drill cuttings that are mostly free of drilling mud and 5 water. 6 5. Do not place material in layers greater than 8 IN loose thickness.Place layers horizontally and 7 compact each layer with equipment such as backhoe bucket or skidsteer loader prior to placing 8 additional fill. 9 6. Match final backfill elevation to surrounding existing grade. to END OF SECTION 10031312 Corpus Christi Aquifer Storage and Recovery Conservation District August 2016 Corpus Christi Aquifer Storage and Recovery Feasibility Project(Project No.E16265) EARTHWORK 312300-2 I SECTION 32 91 13 2 TOPSOILING AND FINISHED GRADING 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Top soiling and finished grading. 7 B. Related Sections include but are not necessarily limited to: 8 1. Division 00-General Conditions; Supplementary Conditions 9 2. Division 01—Project Management and Coordination 10 3. Division 31 -Site Clearing;Earthwork 11 4. Division 32-Seeding. 12 C. Location of Work: All areas within limits of drill pads and all areas approved by OPT and 13 outside drilling pads which are disturbed in the course of the work. 14 PART 2 - PRODUCTS 15 2.1 MATERIALS 16 A. Topsoil: 17 1. Existing top soil stockpiled under Section 31 10 00. 18 2. Capable of supporting native plant growth. 19 2.2 TOLERANCES 20 A. Finish Grading Tolerance: Match surrounding grade. 21 PART 3 - EXECUTION 22 3.1 PREPARATION 23 A. Correct, adjust and/or repair rough graded areas. 24 1. Cut off mounds and ridges. 25 2. Fill gullies and depressions. 26 3. Perform other necessary repairs. 27 4. Bring all sub-grades to surrounding grade,even and properly compacted. 28 B. Loosen surface to depth of 2 IN,minimum. 29 C. Remove all stones and debris over 2 IN in any dimension. 30 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project(Project No.E16265) TOPSOILING AND FINISHED GRADING 329113-1 1 3.2 PLACING TOPSOIL 2 A. Do not place when subgrade is wet or frozen enough to cause clodding. 3 B. Spread to compacted depth of 4 IN for all disturbed earth areas. 4 C. If topsoil stockpiled is less than amount required for work,furnish additional topsoil at no cost to 5 OWNER. 6 D. Provide finished surface free of stones, sticks,or other material 1 IN or more in any dimension. 7 E. Provide finished surface smooth and true to required grades. 8 F. Restore stockpile area to condition of rest of finished work. 9 3.3 ACCEPTANCE 10 A. Upon completion of top soiling,obtain ENGINEER's acceptance of grade and surface. 11 END OF SECTION 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project(Project No.E16265) TOPSOILING AND FINISHED GRADING 329113-2 I SECTION 32 92 00 2 SEEDING 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Seeding of all disturbed areas resulting from construction activities.This section applies to 7 all drilling sites except cultivated agricultural areas. 8 B. Related Sections include but are not necessarily limited to: 9 1. Division 01 -General Requirements. 10 2. Section 32 91 13—Top soiling and Finished Grading. 11 PART 2 - PRODUCTS 12 2.1 MATERIALS 13 A. Topsoil: See Section 32 91 13. 14 B. Fertilizer: Complete, soluble fertilizer,uniform in composition,dry and free-flowing,part of the 15 elements of which are derived from organic sources.It shall contain the following percentages 16 by weight: 17 Nitrogen(N) 16 Phosphorus(P) 20 Potassium(K) 18 Deliver fertilizers mixed as specified,in standard size,unopened containers, showing weight, 19 analysis and name of manufacturer. Store in a weatherproof storage place and in such a manner 20 that the fertilizer will be kept dry and its effectiveness not impaired.If and when bulk delivery 21 and spreading of fertilizer is authorized,provide with a notarized,written affidavit certifying 22 weight and analysis of the fertilizer.Cyanic compounds on hydrated lime are not permitted in 23 fertilizer mix. 24 C. Grass Seed: Grass seed is to be provided in the quantities, and at the application rates and 25 specified times for District 16,mixture for use in clay soils, per TxDOT Standard Specifications 26 for Construction of highways, Streets, and Bridges,Item# 164,Table 2. 27 D. Mulch: Cellulose Fiber Mulch produced from grinding clean, whole wood chips with a labeled 28 ash content not to exceed 7%: designed for use in conventional hydraulic mulching of grass seed 29 with fertilizers and other additives and shall be such that when applied,will form a strong, 30 moisture-retaining mat without the need of an asphalt binder. 31 E. Water: provide water for the execution of this work and maintenance until Project Acceptance, 32 capable of initiating and supporting plant growth, and free of harmful or deleterious substances. 33 F. Erosion Control Blanket: Use in place of mulch on 10% slopes or steeper, and in areas of 34 channelized flow. 100% straw with lightweight photodegradable netting on both sides.Netting 35 sewn on 3 IN center or less.Minimum roll width 7.5 Ft.Approved products include: 36 1. Straw Mat by Erosion Control Systems,Tuscaloosa,AL. 37 2. S2 Straw blanket bu Bon terra America,Moscow,ID. 38 3. Or approved equal 39 PART 3 - EXECUTION 40 3.1 SOIL PREPARATION 41 A. General: 42 1. Limit preparation to areas which will be planted soon after. 43 2. Provide facilities to protect and safeguard all persons on or about premises. 44 3. Protect existing trees designated to remain. 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project(Project No.E16265) SEEDING 329200-1 1 4. Verify location and existence of all underground utilities.Take necessary precaution to 2 protect existing utilities from damage due to construction activity.Repair all damages to 3 utility items at sole expense. 4 5. Provide facilities such as protective fences and/or watchmen to protect work from 5 vandalism.CONTRACTOR to be responsible for vandalism until acceptance of work in 6 whole or in part. 7 B. Preparation of Soil for Seeding. 8 1. Loosen surface to minimum depth of 4 IN.Remove stones over 1 IN in any dimension and 9 sticks,roots,rubbish, and other extraneous matter. 10 2. Prior to applying fertilizer,loosen areas to be seeded with a double disc or other suitable 11 device if the soil has become hard or compacted.Correct any surface irregularities in order 12 to prevent pocket or low areas which will allow water to stand. 13 3. Distribute fertilizer uniformly over areas to be seeded: 14 a. For lawn-type seeding: 30 LBS per 1000 SF. 15 b. For pasture seeding: 200 LBS per acre. 16 4. Incorporate fertilizer into soil to a depth of at least 2 IN by disking,harrowing,or other 17 approved methods. 18 5. Grade lawn areas to a smooth,even surface with a loose,uniformly fine texture.Roll and 19 rake,remove ridges and fill depressions, as required to meet finish grades. Limit fine 20 grading to areas which can be planted soon after preparation. 21 6. Restore lawn areas to specified condition if eroded or otherwise disturbed after fine grading 22 and before planting. 23 3.2 HYDROSEEDING AND MULCHING 24 A. Seed within seven days of completion of topsoiling and finished grading prior to soil retention 25 blanket installation to minimize potential for erosion. 26 B. Optimum seeding dates are January 1st to May 1st for warm season grasses. Seeding shall be 27 done whenever weather and soil conditions are favorable.If CONTRACTOR completes 28 earthwork and erosion control mat installation prior to February 1st,CONTRACTOR shall seed 29 with a mixture of oats(2 lbs.per acre)and,winter wheat grass (8 lbs.per acre)for temporary 30 erosion control until seeding in accordance with this section is performed. 31 C. Do not use seed which is wet,moldy,or otherwise damaged. 32 D. Application Rates: 33 1. Seed: See paragraph 2.1C.Adjust actual application rates as necessary depending on PLS of 34 seed delivered to the project to achieve the application rates specified. 35 2. Fertilizer:20LBS/1000SF(Dry weight in hydroseed application),or as recommended in soil 36 analysis. 37 3. Cellulose Fiber Mulch: 70LBS/1000SF(Dry weight). 38 E. Uniformly distribute the seed mixture over all areas to receive hydroseeding.All varieties of 39 seed,fertilizer, and cellulose fiber may be distributed at the same time at the specified rate after 40 being mixed and agitated in the hydroseeding machine for at least ten(10)minutes,in order to 41 provide a homogeneous mixture.Apply mixture as water slurry and achieve an even, solid 42 cover.Mixture shall be dyed green to allow visual metering of its application. 43 F. Protect all areas not to receive hydroseeding mixture adjacent to the work from direct or 44 overspray. 45 G. Seed mixture shall be prepared immediately prior to application, and shall be promptly applied 46 once mixed. Seed mixture which,in the opinion of the ENGINEER is old, shall be wasted at the 47 CONTRACTOR's expense. 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project(Project No.E16265) SEEDING 329200-2 1 3.3 INSTALLATION OF SOIL RETENTION BLANKET 2 A. Install soil retention blanket on all disturbed areas which exceed a slope of 10% and as directed 3 by the ENGINEER and in accordance with manufacture's recommendations for critical area 4 installations. 5 B. Minimize side overlaps by using widest widths available from manufacturer. 6 7 END OF SECTION 8 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project(Project No.E16265) SEEDING 329200-3 This page intentionally left blank. I SECTION 33 21 31 2 GRAVEL PACK WELLS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section includes specifications for drilling initial boreholes and geophysical logging(Phase I), 6 drilling of additional boreholes for coring and interval testing using temporary wells (Phase 11), 7 and construction of permanent monitoring wells in select boreholes. 8 B. Related Specification Sections include but are not necessarily limited to: 9 1. Division 00—General Conditions; Statement of Experience 10 2. Division 01 —Summary of Work 11 1.2 QUALITY ASSURANCE 12 A. Referenced Standards: 13 1. ASTM International(ASTM): 14 a. A53, Standard Specification for Pipe, Steel,Black and Hot-Dipped,Zinc-Coated, 15 Welded and Seamless. 16 b. A312, Standard Specification for Seamless,Welded, and Heavily Cold Worked 17 Austenitic Stainless Steel Pipes. 18 c. C150, Standard Specification for Portland Cement. 19 d. C494, Standard Specification for Chemical Admixtures for Concrete. 20 e. D2464, Standard Specification for Threaded Poly(Vinyl Chloride)(PVC)Plastic Pipe 21 Fittings, Schedule 80. 22 f. F480, Standard Specification for Thermoplastic Well Casing Pipe and Couplings Made 23 in Standard Dimension Ratios (SDR), SCH 40 and SCH 80. 24 2. American Welding Society(AWS): 25 a. Code for Arc and Gas Welding. 26 3. American Water Works Association(AWWA): 27 a. A100, Standard for Water Wells. 28 B. Qualifications: 29 1. CONTRACTOR qualifications shall meet the requirements of SECTION 00 45 16 30 STATEMENT OF EXPERIENCE of the Contracting Documents. 31 2. Licensed by the Texas Department of Licensing and Regulation(TDLR)for Water Well 32 Drillers and Water Well Pump Installers. 33 C. Comply with all State of Texas rules and regulations concerning water well construction. 34 1.3 SUBMITTALS 35 A. Submit two(2)copies of the following Well Data at appropriate times during construction. 36 1. Driller's Report: 37 a. Maintain a daily,detailed driller's report. 38 b. Document number of feet drilled,number of hours on the job, shutdown due to 39 breakdown,feet of casing set, and such other pertinent data as may be requested by the 40 ENGINEER. 41 c. Drilling recorder data for borehole during drilling.Recorder shall, at least,record the 42 rate of penetration.Other parameters of interest include: drill string weight,rotary speed, 43 torque,pump rate and pressure, and fluid flow. 44 d. Description of drilling fluids and additives. 45 e. Description of formations. 46 f. Sizes of drill stem and drill bits. 47 g. Reference point for all depth measurements. 48 It. Total depth of completed temporary test wells and permanent monitoring wells. 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project GRAVEL PACK WELLS(Project No.E16265) 332131-1 I i. Well Casing(temporary test wells and permanent monitoring wells): 2 1) The depth and description of the casing. 3 2) The amount of bentonite installed. 4 3) The amount of cement installed(permanent monitoring wells only). 5 4) The description and location of well screen(to include type,length,diameter, slot 6 sizes, material, and manufacturer). 7 5) The description and locations of the filter packs and seals. 8 6) Any and all other pertinent information for a complete and accurate log. 9 2. Mud Logger's Report: 10 a. Applies to all boreholes during drilling. 11 b. Description of method to collect drill cuttings, and where the samples were collected in 12 the drill rig set-up.Include photos of collection and processing. 13 1) Collection of drill cuttings at 10 FT intervals and at change in formations. 14 a) Make allowance for travel time from drill bit to surface. 15 b) Wash,bag and label drill cuttings with time and depth interval information. 16 c) Provide one(1) set of bagged and labeled drill cuttings to ENGINEER at the 17 site. 18 c. Detailed lithologic description of drill cuttings. 19 d. Depth at which first water was encountered. 20 e. Depth at which each change of formation occurs. 21 f. Any apparent changes in drilling mud characteristics or appearance,or drilling process. 22 g. Depth or location of any lost drilling fluid,drilling materials or tools and drill bit drops. 23 It. Information on drill string force or tension. 24 3. Geophysical Logging Report: 25 a. Provide to ENGINEER two(2)field copies of geophysical logs within 24 hours 26 following logging activities. 27 b. Provide to ENGINEER final logs in PDF format within 14 days of completion of 28 logging. 29 c. For each borehole where geophysical logging is performed, CONTRACTOR will obtain 30 a brief descriptive report from the service company interpreting the results of the log or 31 logs.The report will contain, at a minimum,interpretations of the geologic formations 32 and groundwater salinity.These completed reports must be submitted to the ENGINEER 33 within 72 hours of completion of logging. 34 4. Pumping Test Data from Interval Testing: 35 a. Keep accurate records of the pumping test data,including: 36 1) Date of the test. 37 2) Description of measuring point. 38 3) Depth to water below the measuring point and actual clock time,or times that can 39 be adjusted to actual clock times. 40 4) Measure discharge with an inline flow meter or orifice and potentiometer. 41 5) Pumping rate measurements and corresponding actual clock time at the intervals 42 described in these specifications. 43 6) Any pertinent comments on conditions that may affect the accuracy of the data. 44 7) Provide photos of operations setup. 45 b. Provide(2)copies of the results of the interval testing results as described in these 46 specifications. 47 5. Completed State of Texas Well Reports: 48 a. Submit a State of Texas Well Report for each permanent monitoring well. Submissions 49 will be made electronically through the online Texas Well Report Submission and 50 Retrieval System. 51 b. Submit two(2)copes of each State of Texas Well Report in PDF format to ENGINEER. 52 ENGINEER will deliver reports to City of Corpus Christi/Corpus Christi Aquifer 53 Storage and Recovery Conservation District(District). 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project GRAVEL PACK WELLS(Project No.E16265) 332131-2 I PART 2 - PRODUCTS 2 2.1 MATERIALS 3 A. Temporary Well Casing: 4 1. Provide steel well casing material conforming to ASTM A53 (Grade B). 5 2. Furnish 6-IN inner diameter well casing at lengths up to 1,100 FT.Length will be 6 determined by ENGINEER based on Mud Logger report and geophysical logging. 7 3. Temporary well casing will be re-used to the maximum extent practicable for up to 3 test 8 intervals at up to 3 locations. 9 B. Temporary Well Screen: 10 1. Provide mill slotted steel well casing material conforming to ASTM A53 (Grade B). 11 2. Furnish 6-IN inner diameter well screen at lengths up to 150 FT.Length will be determined 12 by ENGINEER based on Mud Logger report and geophysical logging. 13 3. Slot size to be determined by CONTRACTOR based on cuttings samples and filter pack 14 gradation selected by CONTRACTOR. 15 4. Temporary well screen will be re-used to the maximum extent practicable for up to 3 16 different test intervals/depths at up to 3 locations. 17 C. Permanent Monitoring Well Casing: 18 1. For wells up to 600 FT depth,provide SCH 80 PVC well casing material conforming to 19 ASTM D2464 and ASTM F480. 20 2. For wells deeper than 600 FT,provide SCH 10 Type 304 stainless steel casing conforming 21 to ASTM A312. 22 3. Furnish 2-IN inner diameter well casing at lengths up to 1,100 FT.Length will be 23 determined by ENGINEER based on Mud Logger report and geophysical logging. 24 D. Permanent Monitoring Well Screen: 25 1. Provide continuous wire-wrap Type 304 stainless steel well screen. Screen joints will be 26 either welded or threaded couplings. 27 2. Furnish 2-IN inner diameter well screen at lengths up to 150 FT.Length will be determined 28 by ENGINEER based on Mud Logger report and geophysical logging. 29 3. Slot size will be 0.020-IN openings. 30 4. Screen-to-Casing Couplings: Provide solid coupling to connect stainless steel screen to SCH 31 80 PVC casing for wells up to 600 FT depth.Provide solid coupling to connect stainless 32 steel screen to SCH 10 Type 304 stainless steel casing for wells deeper than 600 FT. 33 Couplings must be capable of withstanding pressure at specified depths without failure 34 during installation,development, and use. 35 E. Filter Pack: 36 1. Provide filter pack sand material consisting of clean well rounded grains that are smooth 37 and uniform.The material shall be siliceous with a limit of 5 percent by weight of 38 calcareous material. 39 2. For temporary wells with mill slot screen,furnish sand size as deemed appropriate by 40 CONTRACTOR to withhold the native aquifer materials and such that 90%of the filter 41 material is greater than the well screen slot size. 42 3. For permanent monitoring wells with 0.020-IN slot screens, furnish sand size as deemed 43 appropriate by CONTRACTOR to withhold the native aquifer materials and such that 90% 44 of the filter material is greater than 0.020-IN diameter. 45 F. Bentonite Seal: 46 1. Bentonite seals will be pellet or high-solids slurry form. 47 2.2 MIXES 48 A. Well Grout: 49 1. CONTRACTOR will select an appropriate well grout for permanent monitoring wells,for 50 approval by ENGINEER. 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project GRAVEL PACK WELLS(Project No.E16265) 33 21 31-3 1 2. Well grout may consist of concrete,neat cement,bentonite,or a mixture of cement- 2 bentonite. 3 3. Concrete grout to be a mixture of cement, sand, and water in the same proportion of 4 Portland cement(94 LBS,ASTM C150)and an equal volume same proportion of Portland 5 cement(94 LBS,ASTM C150)and an equal volume of dry sand to not more than 6 GAL of 6 clean water. 7 a. Where large volumes are required to fill annular openings,gravel not larger than 1/2 IN 8 in size may be added. 9 b. Do not use concrete grout below the water level in the well. 10 4. Neat cement to be a mixture of 1 bag(94 LBS)of Portland cement(ASTM C150)to no 11 more than 6 GAL of clean water. 12 a. Bentonite up to 2 percent by weight of cement to reduce shrinkage or other admixtures 13 (ASTM C494)to reduce permeability and/or control time of set may be used. 14 PART 3 - EXECUTION 15 3.1 SEQUENCE 16 A. Phase I(Drilling and Geophysical Logging): 17 1. At CONTRACTOR'S discretion,install temporary steel surface casing to prevent collapse 18 of upper portion of borehole during drilling. 19 2. Drill Phase I borehole to a depth of approximately 1,200 FT.Final depth to be determined 20 by ENGINEER and based on Mud Logger report. 21 3. Run geophysical logs to total depth. 22 4. Study the geophysical logs. 23 a. ENGINEER will determine whether to install a permanent monitoring well in Phase I 24 borehole,or plug the borehole. 25 5. Repeat above steps 1 through 4 at up to five(5) additional locations to be specified by 26 ENGINEER until three(3)Phase 11 sites have been identified.This constitutes the Phase 1 27 exploratory effort. 28 B. ENGINEER determines which Phase I locations are potentially suitable for ASR, and plans 29 Phase 11 of the work. 30 C. Phase II(Drilling,Coring, and Interval Testing): 31 1. At CONTRACTOR'S discretion,install temporary steel surface casing to prevent collapse 32 of upper portion of borehole during drilling. 33 2. Drill Phase II borehole to depth of upper test interval to be determined by ENGINEER. 34 3. Perform coring(core barrel) and drilling throughout the upper test interval. 35 4. Install temporary well. 36 5. Develop temporary well. 37 6. Conduct pumping tests and water quality sampling. 38 7. Remove temporary well. 39 8. In same borehole,repeat above steps 2 through 7 at up to two additional(deeper)test 40 intervals to be determined by ENGINEER. 41 9. After the deepest interval is tested,ENGINEER will determine whether to install a 42 permanent monitoring well in the Phase II borehole,or plug the borehole. 43 10. Repeat above steps 1 through 9 at up to two(2)additional locations to be specified by 44 ENGINEER.This constitutes the Phase II exploratory effort. 45 3.2 PHASE I(DRILLING AND GEOPHYSICAL LOGGING) 46 A. General: Phase I drilling and geophysical logging will occur at up to six(6)locations. Note: 47 Three(3)locations are included as Base Bid items. 48 B. Install or construct containment facilities for drilling fluids,drill cuttings and returns.Pits are 49 permitted.If pits are dug,they must be completely emptied and filled and compacted with native 50 soil before project completion. 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project GRAVEL PACK WELLS(Project No.E16265) 332131-4 I C. Borehole: Drill a straight and plumb borehole to a final depth using either direct mud rotary or 2 reverse mud rotary.Diameter of borehole will be nominally 9-7/8 IN.Depth of the borehole may 3 be up to 1,200 FT,with final depth to be specified by ENGINEER with information from Mud 4 Logger report. 5 D. Drilling Fluid: 6 1. Selection of drilling fluids and additives is made by CONTRACTOR,but they must be 7 approved for use in the construction of wells in drinking water aquifers. 8 2. Take all necessary measures to protect water-bearing formations from contamination and 9 ensure that the drilling method used will not permanently plug the water-bearing formations 10 with drilling fluid and cuttings. 11 E. Mud Logging and Cuttings Sampling: Accurately log the borehole based on cuttings samples 12 collected at 10-FT intervals and at changes in formation.Develop Mud Logger report as 13 specified in Section 1.3, Submittals.Collect,bag, and label one(1)set of cuttings samples at 10- 14 FT intervals for use by ENGINEER.Grain size samples will be sent to a laboratory for analysis 15 and will be the responsibility of the ENGINEER. 16 F. Geophysical Logging: 17 1. General: CONTRACTOR will provide geophysical logging.All geophysical logs shall be 18 performed by a company experienced the performance of such logs.Each log shall be 19 recorded using a depth measurement that is accurate to within 0.1 feet using a resolution of 20 approximately 1/50t'of the greatest deviation of the quantity measured over the entire log. 21 Each logging tool shall be calibrated in the presence of ENGINEER. 22 a. ENGINEER shall be given adequate notice of the time when the survey will be run to 23 witness the performance of the survey.There will be no additional payment for rig time 24 or standby time while the geophysical survey is being run. Geophysical logging shall be 25 performed following drilling and borehole preparation.The logging intervals shall be the 26 total length of the borehole unless otherwise directed by ENGINEER.Each log must be 27 run in a continuous fashion to be acceptable. 28 b. CONTRACTOR is responsible for conditioning the borehole prior to logging to remove 29 any drill cuttings and to prevent formation collapse.CONTRACTOR shall, at his own 30 expense,clean the hole and rerun logs if they fail to survey within 5 feet of the bottom of 31 the hole. 32 2. Provide the following geophysical logs: 33 a. Caliper: The caliper tool shall include a minimum of 3 arms. 34 b. Natural Gamma Ray. 35 c. Resistivity: Include 8-IN, 16-IN, 32-IN, and 64-IN spacing. 36 d. Spontaneous Potential. 37 e. Sonic: Full-waveform. 38 G. Study geophysical logs and Mud Logger report. 39 1. ENGINEER will determine whether to install a permanent monitoring well or plug the 40 borehole after geophysical logging is complete. 41 H. Permanent Monitoring Well Installation: 42 1. If directed by ENGINEER,install a permanent monitoring well in the Phase I borehole. 43 2. Plug lower portion of borehole as necessary using neat cement up to the monitoring well 44 depth determined by ENGINEER. 45 3. Casing and screen: Casing material will depend on well depth as shown in Drawings.Install 46 Schedule 80 PVC blank casing with thread and coupling joints,or Type 304 stainless steel 47 casing with either welded or thread and coupling joints, and continuous wire-wrap stainless 48 steel well screen with either welded or thread and coupling joints.Diameter,material, and 49 estimated depths of casing and screen are shown on Drawings.Final depth and screen 50 interval are to be determined by ENGINEER from Mud Logger report and geophysical logs. 51 a. If joints are welded,welding is to conform to the standards of the AWS. 52 b. Cap bottom of the casing and screen string. 53 c. Install casing and well screen by lowering casing string into borehole. 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project GRAVEL PACK WELLS(Project No.E16265) 33 21 31-5 I d. Center casing and screen in borehole with stainless steel centralizers. 2 4. Filter pack: Install filter pack sand around the well screen to a depth of 5 FT above the top 3 of the well screen as shown on Drawings. Sand size will be selected by CONTRACTOR for 4 approval by ENGINEER. 5 a. Place filter pack with tremie pipe lowered to the bottom of filter pack interval in one(1) 6 continuous uniform operation or other method approved by ENGINEER. 7 b. Closely control placement of filter pack to protect against any segregation of filter pack 8 material. 9 c. Protect filter packs from contamination during delivery and storage. 10 d. Do not install any filter pack contaminated with foreign substances. 11 5. Bentonite Seal: 12 a. Place a 10-FT thick bentonite seal on top of the filter pack as shown on Drawings. 13 b. Allow the bentonite seal to set or cure as per manufacture guidance. 14 6. Well Grout: Grout annular space between well casing and drill hole to seal well against 15 infiltration of contaminated surface water. 16 a. Ensure that annular space is free from obstructions before placing grout. 17 b. Emplace grout using the tremie method(AWWA standard 45 A100-06,Appendix C, 18 Section C.1 or positive displacement-exterior method(AWWA standard 45 A100-06, 19 Appendix C, Section C.2). 20 c. Place grout with continuous pour in grouting interval. 21 d. Grout the interval from the top of the bentonite seal to a depth of 10 FT below grade as 22 shown on Drawings. 23 e. Allow the grout to set or cure as per manufacture guidance. 24 7. Surface Seal: Place a neat cement surface seal to a depth of 10 FT below grade as shown on 25 Drawings. 26 8. Sanitary protection of well: At all times during the progress of the work, use reasonable 27 precautions to prevent either tampering with the well or the entrance of foreign material into 28 it. 29 a. Keep well drilling equipment and tools clean. 30 b. Upon completion of well,install a suitable threaded cap or compression seal so as to 31 prevent any pollutants from entering the well. 32 c. Extend watertight casing of well to level shown on Drawings. 33 d. Seal or screen any equipment which will permit direct open access to the well. 34 e. Complete well with an above-grade completion as shown on Drawings, as directed by 35 ENGINEER or OWNER.Provide expanding watertight plug caps for all wells. 36 f. Well head sealing block: A concrete sealing block around the wellhead is to extend 2 FT 37 from the well casing in all directions, with a minimum thickness of 6 IN, and sloped to 38 drain away at not less than 0.25 IN per FT. 39 g. For above-grade completions: 40 1) Install 4-IN diameter steel surface casing with lockable hinged cap.Finished height 41 will be 2.5 FT above grade. 42 2) Install three(3)steel bollards evenly spaced around the well at a distance of 3 FT 43 from the well.Bollards will have a diameter of 4 IN and length of 6 FT,buried to a 44 depth of 3 FT and filled with concrete. 45 3) Paint surface casing and bollards yellow using outdoor paint meant for metal 46 surfaces. 47 9. Well Development: 48 a. CONTRACTOR shall develop the well to effectively extract from the water-bearing 49 formation the maximum practical quantity of drilling mud,fine sand, silt,or other fine 50 materials. 51 b. Development shall be performed for at least 1 HR per 10 FT of screen. 52 c. Well shall be developed using air lifting and may be accompanied by mechanical 53 surging with a surge block or other method selected by CONTRACTOR with approval 54 by ENGINEER. 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project GRAVEL PACK WELLS(Project No.E16265) 332131-6 I d. The decision as to the adequacy of well development shall be made on the basis of 2 settleable solids in the development water.The amount of sediment shall be less than 1 3 part per million as measured in an Imhoff cone provided by ENGINEER. 4 e. Produced water will be disposed of as specified in Section 3.5. 5 I. Borehole Plugging: 6 1. If directed by ENGINEER,plug the Phase I borehole with well grout after geophysical 7 logging is complete. 8 a. Ensure that annular space is free from obstructions before placing grout. 9 b. Emplace grout using the tremie method(AWWA standard 45 A100-06,Appendix C, 10 Section C.1 or positive displacement-exterior method(AWWA standard 45 A100-06, 11 Appendix C, Section C.2). 12 c. Place grout with continuous pour from the bottom of the borehole to a depth of 10 FT 13 below grade. 14 d. Place a neat cement surface seal to a depth of 10 FT below grade. 15 3.3 PLANNING FOR PHASE II 16 A. Up to a two week break in the exploratory test drilling program is anticipated after Phase I 17 drilling is complete. During the break ENGINEER will review Mud Logger reports and 18 geophysical logs provided by CONTRACTOR from Phase I drilling, and obtain grain size 19 analytical results. 20 B. ENGINEER will deliver grain size analytical results to CONTRACTOR electronically. 21 C. ENGINEER and OWNER will plan the Phase II drilling and testing. 22 3.4 PHASE II(DRILLING,CORING,AND INTERVAL TESTING) 23 A. General: Phase II drilling,coring, and interval testing will occur at up to three(3)locations for 24 purposes of collecting core samples and performing interval tests.The drilling will be co-located 25 at Phase I drill sites.CONTRACTOR will provide a minimum 30-FT horizontal separation 26 distance between the Phase II borehole and Phase I borehole. 27 B. Install or construct containment facilities for drilling fluids,drill cuttings and returns.Pits are 28 permitted. 29 C. Borehole: Drill a straight and plumb borehole for coring and interval testing using either direct 30 mud rotary or reverse mud rotary.Diameter of borehole will be nominally 12-1/4 IN.Final depth 31 of the borehole may be up to 1,200 FT,with final depth to be specified by ENGINEER before 32 Phase 11 drilling begins. 33 D. Drilling Fluid: 34 1. Selection of drilling fluids and additives is made by CONTRACTOR,but they must be 35 approved for use in the construction of wells in drinking water aquifers. 36 2. Take all necessary measures to protect water-bearing formations from contamination and 37 ensure that the drilling method used will not permanently plug the water-bearing formations 38 with drilling fluid and cuttings. 39 E. Drilling and Coring: 40 1. General: Drilling will alternate with core barrel coring in test intervals.Depths of test 41 intervals and core sample collection will be pre-determined by ENGINEER.Cores will be 42 submitted by ENGINEER for geochemical analysis. 43 2. Drill down to the top of the first test interval. 44 3. Beginning at the confining layer above the first test interval,collect core barrel samples of 45 2-IN diameter and 10 FT in length from the following intervals: 46 a. One(1)core barrel sample from the contact between the upper confining layer and the 47 test interval; 48 b. Two(2)core barrel samples from within the test interval,evenly distributed across the 49 test interval; 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project GRAVEL PACK WELLS(Project No.E16265) 332131-7 I c. One(1)core barrel sample from the contact between the lower confining layer and the 2 test interval. 3 4. CONTRACTOR will be reimbursed for footage of cores obtained.CONTRACTOR will not 4 be reimbursed for lost or unrecovered core footage.ENGINEER may request 5 CONTRACTOR to obtain additional cores if recovery is incomplete. 6 5. CONTRACTOR will lay out cores on plastic sheeting for use by ENGINEER.Core analysis 7 will be the responsibility of ENGINEER. 8 6. Mud Logging and Cuttings Sampling: Accurately log the borehole based on cuttings 9 samples collected at 10-FT intervals and at changes in formation.Develop Mud Logger 10 report as specified in Section 1.3, Submittals. Collect and bag one(1)set of cuttings 11 samples at 10-FT intervals for use by ENGINEER. 12 7. Following the coring of the first test interval,construct a temporary well and perform 13 interval testing as described below. 14 F. Temporary Well Construction: 15 1. General: Construct a temporary well in the borehole to facilitate interval testing of the first 16 target sand layer. 17 2. Casing and screen: Install 6-IN diameter steel blank casing and mill slotted well screen with 18 thread and coupling or welded joints. 19 a. If joints are welded,welding is to conform to the standards of the AWS. 20 b. Cap bottom of the casing and screen string. 21 c. Install casing and well screen by lowering casing string into borehole. 22 d. Center casing and screen in borehole with centralizers. 23 3. Filter pack: Install filter pack sand around the well screen to a depth of 5 FT above the top 24 of the well screen. Sand size will be selected by CONTRACTOR for approval by 25 ENGINEER. 26 a. Place filter pack with tremie pipe lowered to the bottom of filter pack interval in one(1) 27 continuous uniform operation or other method approved by ENGINEER. 28 b. Closely control placement of filter pack to protect against any segregation of filter pack 29 material. 30 c. Protect filter packs from contamination during delivery and storage. 31 d. Do not install any filter pack contaminated with foreign substances. 32 4. Bentonite Seal: 33 a. Place a 10-FT thick bentonite seal on top of the filter pack. 34 b. Allow the bentonite seal to set or cure as per manufacture guidance. 35 5. Surface Seal: Provide a temporary bentonite surface seal from the ground surface to one(1) 36 foot below the ground surface to prevent contamination of the borehole. 37 6. Sanitary protection of temporary well: At all times during the progress of the work, use 38 reasonable precautions to prevent either tampering with the well or the entrance of foreign 39 material into it. 40 a. Keep well drilling equipment and tools clean. 41 b. Upon completion of well,install a suitable threaded cap or compression seal so as to 42 prevent any pollutants from entering the well. 43 c. Seal or screen any equipment which will permit direct open access to the well. 44 7. Well Development: 45 a. CONTRACTOR shall develop the well to effectively extract from the water-bearing 46 formation the maximum practical quantity of drilling mud,fine sand, silt,or other fine 47 materials. 48 b. Development shall be performed for at least 1 HR per 10 FT of screen. 49 c. Well shall be developed using air lifting and may be accompanied by mechanical 50 surging with a surge block or other method selected by CONTRACTOR with approval 51 by ENGINEER. 52 d. The decision as to the adequacy of well development shall be made on the basis of 53 settleable solids in the development water.The amount of sediment shall be less than 1 54 part per million as measured in an Imhoff cone provided by ENGINEER. 55 e. Produced water will be disposed of as specified in Section 3.5. 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project GRAVEL PACK WELLS(Project No.E16265) 332131-8 I G. Interval Testing: 2 1. Interval testing will consist of a multiple-phase pumping test.The early phase of the test 3 will be step-drawdown;the second phase will be a constant rate; and the third and final 4 phase will be a recovery test. 5 2. CONTRACTOR will furnish all labor,equipment, and materials required for the pumping 6 test.CONTRACTOR will install equipment capable of pumping,controlling, measuring, 7 directing and conveying a discharge of up to 200 GPM. 8 3. At a minimum,equipment supplied and installed by CONTRACTOR will include a 9 standpipe to measure drawdown in the pumping well, a line-shaft or submersible pump, a 10 motor and fuel or generator to power the pump,riser pipe with a check valve to convey 11 water from the pump to the surface,pipe and the wellhead to direct the flow of water, a 12 control valve, a flow meter, a sample tap with barbed fitting, and 400 Fr of discharge line. 13 4. Produced water will be disposed of as specified in Section 3.5. 14 5. The well shall be test pumped for 2 HR.Pumping shall be at the maximum pumping rate up 15 to 200 GPM.The well will be allowed a period of at least 12 HR to stabilize prior to interval 16 testing. 17 6. The pumping test will include a 2-HR step-drawdown test with three to four steps up to 200 18 GPM, a 24-HR constant rate test at up to 200 GPM, and a 12-HR recovery test. 19 CONTRACTOR shall operate equipment for the duration of the pumping test. 20 CONTRACTOR will certify that equipment is in good working order.If the pump stops 21 operating during the pumping test as a result of equipment failure or fuel shortage, 22 CONTRACTOR will replace equipment as needed to run the test without failure, allow 23 groundwater levels to reach equilibrium, and re-run test for 24 HR at no additional expense 24 to OWNER. 25 7. The flow measuring device supplied shall be accurate to within 2 percent and shall be 26 approved by ENGINEER prior to the pumping test.CONTRACTOR shall supply 27 documentation that the flow measuring device has been calibrated. 28 8. Pumping test shall not begin until the well has been undisturbed for a minimum of 12 HR. 29 CONTRACTOR shall install the test pump intake to a depth sufficient to maintain the 30 required discharge during maximum drawdown.The pumping test shall consist of a 2-HR 31 step-drawdown test at variable rates and a 24-HR constant rate test maintaining a constant 32 discharge rate.There shall be a 12-HR rest period, at minimum,between the step-drawdown 33 test and constant rate test or until equilibrium has been reached in the pumping well. 34 9. ENGINEER will furnish and install a pressure transducer and data logger instrument to 35 measure drawdown in the pumping well, and monitoring well if applicable. 36 10. CONTRACTOR will manually record the time and discharge rate and corresponding 37 drawdown in the pumping well, and adjacent monitoring well if applicable.Readings will 38 be recorded at 15 MIN intervals or less. 39 11. The discharge shall be maintained within 5 percent of the designated flow rate by means of 40 a gate valve or similar type of throttling device for the entire test period.Whenever a 41 stabilized pumping level is reached,the pumping test may be terminated by ENGINEER. 42 Upon acceptably completing all pumping test operations, all equipment in the well installed 43 for the pumping test shall be removed and remain the property of CONTRACTOR. 44 CONTRACTOR understands that ENGINEER will record recovery at the pumping well at 45 the conclusion of the pumping phase of the test. 46 12. At the conclusion of the recovery phase ENGINEER will remove electronic measuring 47 equipment from the standpipe. 48 13. Remove the temporary casing and well screen from the ground.Casing and well screen will 49 be cleaned and reused to the extent possible. 50 H. Additional Test Intervals: Repeat Steps E through G for up to two(2) additional(deeper)test 51 intervals pre-determined by ENGINEER,using the same borehole as the first test interval. 52 L Permanent Monitoring Well Installation: 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project GRAVEL PACK WELLS(Project No.E16265) 332131-9 1 1. If directed by ENGINEER,install a permanent monitoring well in the Phase II borehole 2 using the process described in Section 3.2(H).Otherwise, abandon the borehole using the 3 process described in Section 3.2(I). 4 3.5 DISPOSAL OF PRODUCED WATER 5 A. Disposal of produced water varies by location and will be within 400 FT of the drilling location. 6 Disposal sites will be drainage ditches or low areas,or storm sewer, and shall be relatively free 7 of sediment. 8 B. Discharge is to be through a flow diffuser to prevent any erosion. 9 C. Discharge line is to be routed so that it does not interfere with local operations. 10 END OF SECTION 10031312 March 2017 Corpus Christi Aquifer Storage and Recovery Feasibility Project GRAVEL PACK WELLS(Project No.E16265) 33 21 31-10 APPENDIX This package includes: Appendix 1- General Site Hydrology Appendix 2-Site Plan (7 pages) Appendix 3-Well Construction Diagram (2 pages) This page intentionally left blank. Hydrogeologic Estimated Stratigraphic Units Thickness System Series Units near Study Rock Water-bearing (TWDB, Galloway Area Characteristics Property Columns 2012) (1991) (USGS, 1968) Adluviumi CAey' ds srfo to Beaumont 100-200 inter beddedMth modem querffies of Clay aye lrs of rnedum fresh to Mod eratal y to,I ne sandy saline water-, F- 'R Pleistocene CU hitAgar 200,-300, C18y,sandy day, Formation sand'and,qravd, �Wds'smdl to,large quanfifies,of fresh to sUgfitly sakne,water. Sand,gravel, Willis 206-400 sand ydfay,and day Pliocene in CU ,Capable of yielding Q Sand and moderatetolarg'e 2 Evangeline, 600- sandstone D Gohad Sand quantifies of fresh, tNquifbr 2,,400(?) interbeddedi0th gr", 4ndday, slighOy,sWine,and s6linewater. Clay„silty 'GO'Gamm day. Yiewasmaltol'arge Fleming/ an dinterbedded Miocene quantities of,fthy LagaOo Burkevifle sand and gravel,, Cwfirring Cafiche in the f�afine,losatine,w water system outtcropI Ffhe,46come Capable bly'jelding Oa,kvflle 3,,000+(?) sand,sand-dwe moderatatolarge, Sandstone quan'Wes of slightly JasperAquife)r, and clay�' saline to,saline water Predornjnany tuffaceous day, Calahoula a,'nd tuffJocally Yieldsimall to OWocene Catahoula Confini,,ng 3,,,,000+(,?) samdy day, m oderde quarNesof Tuff 'gymbentaniday, safinewater. Andthiinbeds6f sand and Adapted from Baker and LISGS,Stratigraphic and Hydrogeologic Framework of Part of the Coastal Plain of Texas, 1979 S OF Appendix 1- General Site Hydrogeology ................ . KRISTINE S. S ....1-11 ........ Corpus Christi ASRFeasibility Project 93962 Corpus Christi, Texas This page intentionally left blank. Corpus Christi ASR Feasibility Appendix - 2 Priority Test Sites Alternate Test Sites Del Mar College City of Corpus Christi Most Favorable Area for ASR (Preliminary) Corpus Christi ASR Feasibility Appendix - 2 Proposed Well Location Estimated Area for Drilling / Testing Activities Corpus Christi ASR Feasibility Appendix - 2 Proposed Well Location Estimated Area for Drilling / Testing Activities Corpus Christi ASR Feasibility Appendix - 2 Proposed Well Location Estimated Area for Drilling / Testing Activities Roc ar Corpus Christi ASR Feasibility Appendix - 2 Well No : 4 (Page 5 of 7) Legend Q Proposed Well Location Estimated Area for Drilling / Testing Activities Water/Wastewater System 4. Water Hydrant Water Main — Wastewater Main KRISTINE S. SHAW L i 93962 ti 0 225 450 Feet Date: 2/14/2017 F�2 Corpus Christi ASR Feasibility Appendix - 2 Proposed Well Location Estimated Area for Drilling / Testing Activities Business_:entre=Blvd Corpus Christi ASR Feasibility Appendix - 2 Proposed Well Location Estimated Area for Drilling / Testing Activities This page intentionally left blank. NOTE:Construct temporary well after drilling and coring of test interval is complete, starting with shallowest test interval(i.e.,top- """""""" down approach). Remove and re-use casing and screen for deeper test intervals. 2.5 FT 0 FT Ground Surface Temporary 1 FT Surface Seal 30 1 6-IN Steel Casing Anticpiated test interval well depths: 400-550 FT 700-800 FT 980-1100 FT Actual depth based on subsurface conditions. 10-ft Bentonite Seal Sand Filter Pack to 5 FT Above Well Screen 6-IN. Mill-slot Steel Well Screen Bottom of Borehole Up to 150 FT long Not to Exceed 1200 FT Depth 1200 max. X12-1/4 INS OF ......."•"". Appendix 3- Phase II Temporary Well Construction Diagram KRISTINE S.SHAW 933962962 x........... .... . (Page 1 of 2) f�� '' �tk°� .<,�c�Nsc• ` Corpus Christi ASR Feasibility Project Corpus Christi, Texas �2 NOTE: Install three(3)bollards around well casing as described in Specifications. 4-IN Locking Protective Casing 2.5 FT 2 FT x 2 FT Concrete Pad Ground Surface 7LI Neat Cement Surface Seal Bottom of Surface Seal 10 2-IN Well Casing: SCH80 PVC for wells up to 600 FT 0/077/1 SCH 10 SS for wells deeper than 600 FT Cement and/or Bentonite Grout Annular Seal 1200 FT max.Actual depth based on subsurface conditions. 10-FT Bentonite Seal> Sand Filter Pack to 5 FT Above Well Screen 2-IN Stainless Steel Well Screen Up to 150 FT long Bottom of Borehole w/0.020-IN Wire-Wrap Slot Not to Exceed 1200 FT Depth_ 5-FT Blank Casing 1200 max. (Borehole Diameter Varies) Appendix 3- Monitoring Well Construction Diagram ,............... .a (Page 2 of 2) KRI.... ..NE S.SHAW ; Corpus Christi ASR Feasibility Project rt'°" 93962 �t� "w Corpus Christi, Texas Ivy t/CENSeg 009101 ADDENDUM NUMBER 01 Corpus Christi Aquifer Storage and Recovery Feasibility Project: Study Project Number: Owner: City of Corpus Christicity e E 6265 En neer: J. H. Edmonds, P.E.�" �.; �� �...... ._w�.. ....... .._ .... ......._ _.r........ ....................... gi Designer: HDR, Inc. Addendum No. 01 Specification Section: 00 9101 Issue Date: 05/02/2017 Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of this addendum In the Bid Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by: [Designer] Kristi Shaw, P.E. 05/02/2017 Name ddendum_ _ ........ __..._ Date.... Ct" OF AItems: �l • Clarifications ";W t Questions and Answers KRISTINE S.SHAW •.•......................o 989fi2 �.' 1 fft. ,,4iCEl I ", , I _��,_...... HDR Engineering, inc.�..._w—._.,... Texas Registered Engineering Firm 1 F-754 ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA i A. Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Form may render the Bid as non- responsive and serve as the basis for rejecting the Bid, i 1 r� Addendum No.01 00 91 01-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study—E16265 REV 01-13-2016 t f I �! ARTICLE 2—CLARIFICATIONS 2.01 QUESTIONS A. Question: Site 3- Westhaven Park. Will the City be providing any site security or safety measures to prevent the public from gaining access to the well site (equipment/borehole /etc.)? Answer: The driller Is r s onsible for site sec uri with its own safety measures.The Ci does not have additlo al st ff r resources to rovlde site ecru i or safet measure . B, Question: Site 4- Does the road built by subcontractor to access the site need to be removed or can it stay there? Answer: Thetemporary road built bv contractor can remain after field program and floes not need to be removed. C. Question: Site 2&5- Does the FAA or airport require security clearance, background checks,or other paperwork for anyone working on-site? Answer: The TSA re ulres all unoccu led rsons be fin eq 0nted tFBI background checked and b d ed. The contractin foreman can be the erson in char a of th+ w9rkers drillers but he must have 100° contact visual nd ver al with all those bein escorted at ll irne . If anyone will be eed to be unaccoMpanied the will need j finger rinfing and bad e. ContractoE,will need to take a round vehicle tralnln er FAA re ulrements« ground vehicle and bad a trainin will re wire a r ximatel 3 hours o time(total). ad e a li ion will need to be irked u at the second floor Administration office at the Corpus Christi International Air ort. Fingerprinting will cost approximately$100. D. Question: Can the mud/soil disposed on-site be land applied outside of the 1 acre extent shown on the site plans? Is the City okay with the site being built-up and slightly higher ' than surrounding land after field completion? 1 Answer:Nojhe muclLsoil disposed d cin-site cannotbe allowe .Lan i cLou t ide of the 1 acre extent shower ori tla site i ns» The City is QK wlth thesite beleLullt- and slightly higher than surrounding land after field completion. l E. Question: Is it permissible to collect side wall cores for the lab analyses, instead of traditional or wireline cores? Answer:Due to the limited sample size arrow hetero eneit that we will lil el n o . side wall coring is not advisable. 1 1 Fu Question: How do we develop the monitoring well that is 2" in diameter? Please provide expectations of development? i Addendum No.01 00 9101-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study—E16265 REV 01-13 2016 l r; � Answer: Lqgl4: 33 2131-Gravel Pagkgg_)A���fix 3-Monitorinix Well Cnnctt G. Question: Are there any requirements/limitation from the City onthe rig noise during drilling? Answer:Per City ordinancgllhiittRaeg2o,fLAacqtiimvihLiE_��rom the Noise abatement provisions. H. Question: youare stating you would like 2OO-3O0 gpm in6"casing,would it be more � efficient to set 6.9" casing instead? Answer: The 6"casink,referred to in the so s are for inside diameter for outside diaLne of 6.1"SRD-IZV sp_irlons allow PVC casing up to 600-feet. For steel casino in excess of 600-feet deDths the outside diameter wo -3L8! qt be 0 «. Question: You are stating that wewould possibly set temp casing for testing and then would pull that out,what happens if we are unable to pull the casing out due to swelling? Answe removable a id confirmed by E no confirmed_ _ ngineer on site.the owner will reimburse Contractor the cost of such iterial lef In the hole accoLdin to the contract agLegement. END OF ADDENDUM NO.01 , Addendum No.O1 009101-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study—El6266 REV 01-13-201.6 fill I I 009102 ADDENDUM NUMBER 02 .. ................... Corpus Christi Aquifer Storage and Recovery Feasibility .. Project: Project Number: Owner: City of CoTus Christi E16265 .......... city Engineer: J. H. Edmonds, P.E,( Designer: HDR, Inc. i Addendum No. 02Specification Section: 00 9102 Issue Date: 05/02/2017 Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of this addendum In the Bid Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions,modifications or deletions to the Contract Documents described in this Addendum. Approved by: [Designer] P,j*.... Kristi Shaw, P.E. 05/02/2017 Name Dote ...... KRISTINE S. SHAW Addendum Items: ...........................# Clarifications 93962 4 t49,�..ZICEN Revise the answer to the Question H posted in It$' Addendum No.1 t. HDR Engineering, Inc, Texas Registered Engineering Firm F-754 ARTICLE 1—BIDDING REQUIREMENTS 1,01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Form may render the Bid as non- responsive and serve as the basis for rejecting the Bid. 0 Addendum No.02 00 9102-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study—E16265 REV 01-13-2016 ARTICLE 2—MODIFICATIONS TO THE ANSWER TO QUESTION H POSTED IN ADDENDUM NO.1 2.01 ADD, DELETE OR REPLACE THE ANSWER TO QUESTION H POSTED IN ADDENDUM NO.1 DELETE : Answer to Question H which was posted in Addendum No.1 ADD: Question H:You are stating you would like 200-300 gpm in 6"casing,would it be more efficient to set 6.9" casing instead? rr Answer:The Wcasinp referre to in the ec Is for In ld i meter of steel assn .A 6.9' steel casip _g filth ough not standard steel casing size Is acgeplabLe.but understand that J§a laWr dIqMgj9r III Lhe st ard 6-5W qtiter dijImeter steel that other bidders may be #sI�n .-Please note that PVC materialskre notAllowed for 4seIn�tern�ora �welfs �erB 2131,Part 2-Products 2.1-Materials. END OF ADDENDUM NO.02 Addendum No.02 009102-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study—E16265 REV 01-13-2016 003000 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications, and Contract Documents,this Bid Proposal is submitted by Felder Water Well& Pump Service LLC (type urprint name of company)on Wednesday, May 10,2017 at 22 PPMM for Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E1G26G). 1.02 Submit Bids, Bid Security and all attachments tothe Bid (See Section 7.01 below)tothe City's electronic bidding website at . If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City mfCorpus Christi,Texas City Secretary's Office 12D1Leopard Street Corpus Christi,Texas 784O1 Attention: City Secretary Bid Corpus Christi Aquifer Storage and Recovery Feasibility Study, Project No. E16265 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2-0|DDEN9/SACKNOWLEDGMENTS I.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions ofthe Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TOBIDDERS, including those dealing with required Bonds. The Bid will remain subject toacceptance for 9Odays after the opening ofBids. 3.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure tocomplete Work inaccordance with the schedule set forth inthe Agreement. 2.04 Bidder acknowledges receipt ofthe following Addenda: Addendum No. Addendum Date Signature AckgoNledging Receipt 01 5/02/2017 nq 51021201 Bid Acknowledgement Form 003000- 1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. EI6255) Rev 01-13-2016 ^ ARTICLE 3-8k�DER 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified inthe Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and issatisfied astothe general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress,and performance ofthe Work. 3.04 The Bidder has carefully studied the Site-related drawings as identified in Appendix 1 and 2 and the Supplementary Conditions. 3.05 The Bidder has considered the: A. Information known toBidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits tothe Site; and D. The Contract Documents. 106 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect ofsuch information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods,techniques, sequences, and procedures of construction to be employed byBidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations,explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 108 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates tothe Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations � � obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided hythe OAR isacceptable tothe Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing ofthe Work. Bid Acknowledgement Form 003000-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265> Rev 01-13-2016 J I I' 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the r Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents for: Base Bid Total $ 776 340.00 Additive Alternate $ 174 400.00 The Bidder selected for award of the Contract will be either the Lowest Responsible Bidder or the Bidder who provides the Best Value for the Owner that submits a responsive Bid.All items must be priced for bid to be considered responsive. Owner will, at its discretion, award the contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates or to the Bidder who provides the Best Value for the Owner. 4.02 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. 1 A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. i ? B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE S—EVALUATION OF BIDDERS J5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility, the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest 1 responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value,and whether the Bidder has met the minimum specific project experience requirements,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids, or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for j immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for Bid Acknowledgement Form 003000-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 i ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: Felder Water e Pump Service LLC t (typed or printed full legal name of Bidder) By: r (individual's signature) Name: Dale Felder 1 t (yped or printed) Title: Vice President (typed or printed) i Attest: I I (individual's signature) State of Residency: Texas Federal Tax Id. No. 61-1438521 fi Address for giving notices: P.O. Box 1033 Angleton, Texas 77516-1033 Phone: 979-849-5144 Email: Dale@Felderww.com cc: Jonell afelderww.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION r i 1 Bid Acknowledgement Farm 003000-6 f Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 01-13-2016 T i 00 30 01 BID FORM Project J Name: Corpus Christi Aquifer Storage and Recovery Feasibility Study Project Number: E16265 Owner: City of Corpus Christi Bidder: F i x Water Well&Pump ServiceLLC OAR: Engineer: HDR Engineering, Inc. Basis of Bid RX Base Bid l Part A-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1 A-1 Mobilization and Demobilization Lump 1 X0,004.00 50,000,00 A-2 Bonds and Insurance Lump 1 13,000.40 13,000m I A-3 Drill Site Preparation Each 3 3,00000 9,000;00 Drill Rig Setup for Phase 1 Boreholes and Moving A-4 Between Drilling Sites Each 3 2,500.00 7,500.00 j A-5 Drill Rig Setup for Phase 11 Boreholes and Moving Between Drilling Sites Each 3 14 000.00 30 044.00 A-6 Drilling Phase I Borehole Foot 3600 22.00 79,200.00 A-7 Geophysical Logging in Phase I Borehole Each 3 942122 MEMO A-8 Plug Phase I Borehole Foot 3600 A-9 Drilling Phase II Borehole Foot 3600 30.00 1912122122 A-10 Coring Phase II Borehole Foot 360 15 . 0 57 & 0 A-11 Providing and Installing Temporary Wells Foot 7,350 A-12 Well Development of Temporary Wells Each 9 Z000.00 18000, 0 A-13 Performing Interval Testing Each 9 1 A-14 Plug Phase II Borehole Foot 3600 A-15 Environmental Controls and Site Cleanup and Restoration Each 3 1,000.00 3,000,00 J A-16 I Driller Report and Mud Logger Report Each 6 1 Iwo go SUBTOTAL PART A-GENERAL(Items A-1 thru A-16) 1776.340Q01 Alternates Part B-ADDITIVE ALTERNATES(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) Providing and Installing Permanent Monitoring Well in B-1a r Phase I Boreholes:SCH80 PVC well up to 600 FT Foot 600 18.50 11,100.00 Providing and Installing Permanent Monitoring Well in B-1b Phase I Boreholes: SCH10 Type 304 stainless steel well J greater than 600 FT Foot 1200 25.00 30,000.40 Providing and Installing Permanent Monitoring Well in J B-2a Phase II Boreholes:SCH80 PVC well up to 600 FT Foot 600 20.00 12,000.00 Bid Farm Page 1 of 2 Carpus Christi Aquifer Storage and Recovery Feasibility Study-E16265 Rev 01-13-2016 d i i r J 00 30 01 BID FORM r / rr.,,i /,...✓ r r r r r i / r rrrr / rr / r� ilii/ �'. �j/�, Providing and Installing Permanent Monitoring Well in 1 B-2b Phase 11 Boreholes: SCH10 Type 304 stainless steel well x greater than 600 FT Foot 1200 25.00 30,0K00 B-3 Monitoring Well Development Each 1 lomLo 500000 B-4 Drill Site Preparation for Alternative Sites Each 1 109190 3,000,00 1 Drill Rig Setup for Alternative Phase I Boreholes and B-5 Moving Between Drilling Sites Each 1 3.500M 1500.00 B-6 Drilling Alternative Phase I Borehole Foot 1200 1 B-7 Geophysical Logging in Alternative Phase I Borehole Each 1 B-8 Plug Alternative Phase I Borehole Foot 1200 13.75 19,402 QQ B-9 Prepare and Submit Well Reports Each 1aug 2ML0 B-10 Grubbing and Clearing at Drilling Site No.4 Lump 1 32,2W22, 30 000,22 B-11 Soil Hauling and Disposal Load 1 150.00 Ism SUBTOTAL PART B-ALTERNATES (B-1 THRU B-11) j r BID SUMMARY r 11 TOTAL PROJECT BASE BID(Items A-1 thru A-16) 776,34040 TOTAL PROJECT ADDITIVE ALTERNATE(Items B-1 thru B-11) 7a A' 1_ 0 0 Contract Times Bidder agrees to reach Substantial Completion for Base Bid items in 133 Jdays r Bidder agrees to reach Final Completion in 163 Jdays r, Note: Additional days may be awarded for Additive Alternate items per City directives and will be negotiated with Driller prior 1 to commencing field effort, i Award will be based on qualified low bidder of Base Bid total subject to bid responsiveness and additional City provisions. See 00 2113 for additional details. I,f a Bid Form Page 2 of 2 a Corpus Christi Aquifer Storage and Recovery Feasibility Study E16265 Rev 01-13-2016 j i 003002 COMPLIANCE TO STATE LAW ONNONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers tooperson who isnot aresident ofTexas. "Resident bidder" refers Loa person whose principal place ofbusiness is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in thissLate. Check the statement that iscorrect for Bidder. [] Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Bidder(includes parent company or majority owner) qualifies as a resident bidder whose principal place ofbusiness isinthe State ofTexas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws oncontracts toevaluate the Bids ofnonresident Bidders. Bidder: Company Name: Water Well & Service LLC (typed or printed) By: I~J~) (signature attach evidence of authority to sign) Name: Dale Felder (typed nrprinted) Title: Vice President Business address: P.O. Box 1033 —Angleton, Texas 77516-1033 Phone: 979-849-5144 Email: m END OF SECTION Compliance toState Law onNonresident Bidders 003002-1 [Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265} 11-25-2013 I i f r I l I 1 f I fr r If, } r I frf f I' I f r r This page intentionally left blank. r f j r j I r r i � I 1 I4 j D I 0 00 30 05 City of Corpus Christi Disclosure of Interest BEIASSSIGNED BY nV— PURCHASING DIVISION City ofCITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST C Ci of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to da 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: Felder Water Well & Pump Service LLC P.O.BOX: P.O. Box 1033 Angleton, Texas 77516-1033 STREET ADDRESS: 17276 FM 523 CITY: Angleton, Texas ZIP: 77515- FIRM IS: 1. Corporation ® 2. Partnership 3. Sole Owner C] ) 4. Association 5. tither LLC filing as a C Corp. DISCLOSURE(QUESTIONS If additional space is necessary,please use the reverse side of thisge or attach separate sheet. 1. State the names of each `employee"" of the City of Corpus hristi having an "ownership interest" l constituting 3%or more of the ownership in the above named"firm." 1 Name Job Title and City Department(if known) ' None f 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 rNone 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 r None r I, 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 sub'ect of this contract and has an "ownership interest" constituting 3%or more of the ownership in above named"firm." F Name Consultant None 1 1 a (i T JJJ City of Corpus Christi 003005-1 Disclosure of Interest kw 01-13-2016 l r FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Dale Felder Title: Vice President (Type or PrW) Signature of Certifying Date: 5/09/201 Person: 7 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 pin,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 l iI' i l r! iI i 003006 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas � 1201 Leopard Street l Corpus Christi,Texas 78401 CONTRACT: Corpus Christi Aquifer Storage and Recovery Feasibility Study Proiect No,E16265 �(( I Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract,or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: Felder Water Well&Pump Serv4e L C (typed or printed) By: I; (signature -attach evidence of authority to sign) Name: Dale Felder (typed or printed) Title: Vice President Business address: P.O.Box 1033 Angleton,Texas 77515-1033 (mailing) r 17275 FM 523 Angleton,Texas 77515(physical) i 1 Phone: 979-845-5144 Email: Dale@Felderww.corn cc: Jonell@Felderww.com f j END OF SECTION t r 1 1 Non-Collusion Certification 003006-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) 11-25-2013 i \ \ \ } \ } . i \ I } � }{ This page intentionally left blank. ( � ° I ) ( ( } i ( J ( � } � � r } � r � ( � ( ( { ( ) ( ) : ( ( � ( � ( { ( } ( { ( ° { ( } ( ( ( ; ; ON �Wdm Za&n Ve& Pamp Scorwe, ZZ& P 0. Bo)< 1033 - 1 '276 FM 523 Am f,,f ON, 10 XA S 77E,15 - (9 19) 84 9-5144 TI E-AAAlt LDETOPFr)L FA HWW COM F/,,x� (`w 9) 849-251 7 January 3, 2017 This letter authorizes Dale Felder,Vice President of Felder Water Well & Pump Service LLC and Jonell Felder Wilcox,Secretary and Office Manager, the authority to sign all contracts, agreements and any pertinent documents on behalf of Felder Water Well & Pump Service LLC. Raymondb, Felder, President Date Felder Water Well& Pump Service, LLC NORALENNON Notary Public STATE OF TEXAS Commission Exp.OCT.27,2018 oil f m the Office of th f ARTICLES OF ORGANIZATION Secretary Of State Of CXaa OF DEC 3 0, 2002 FELDER WATER WELL & PUMp SERVXCE, LLC A LIMITED LIABILITY COMPANY Corporations Section I, the undersigned, am a natural person eighteen years of age or older. I am acting in the capacity of organizer of a limited liability company pursuant to the Texas Limited Liability company Act, I hereby adopt the following Articles of Organization for a limited liability company. ARTICLE I NAME 1. 01 The name of the Limited .Liability Cep � WELL & PUMP SERVICE, LLC. many i,�t FELI7ER WATER J ARTICLE 11 DURATION 1 2 . 01 The period of the company' s duration is perpetual, ARTICLE III r PURPOSES 3 . 01 The Limited Liability Company shall have, the powers provided for a corporation under the Texas Business Cl:)rporation Act and a limited partnership under the Texas Revised Limited Partnership Act. 3 .42 The purpose for which this limited liability company is organized is to transact any and all lawful business for which r limited liability companies may be organized under, the laws of Texas, including, but not limited to, the following: a. To carry on any business or any other legal or lawful activity allowed by law; b. To acquire, own, use, convey, and otherwise dispose of and deal in real or personal property or any interest therein, C. To manufacture, buy, sell, and generally deal, i goods, wares and merchandise of every class and 1 description; 1 1 1 I J r I � d. To buy, rent, sell, manufacture, produce, assemble, distribute, repair, and ele'rVice any and all products or services in which the company desires to engage, e, To der such other acts as are incid�tnta,l to the foregoing car desirable in order to to the purpose for which the company was ,Formed; and i f . To have and exercise all rights and powers that are now or may hereafter be granted. to a limited f liability company by taw. I 3 .03 The foregoing shall be construed as objects, purposes and powers, and enumeration thereof shall not be head to limit or restrict in any manner the powers hereafter cant"erred on this limited liability company by the laws of the State of Texas. r 3 . 04 The company may, in its Regulations, confer1 in conflict with law, on its Manaowers gers and Members in additionnot to the foregoing and in addition to the powers and, authorities r expressly conferred on them by statute. ARTICLE IV PRINCIPAL PLACE of BUSINESS 4 .01 The address of the Company's principal pliRce o business in this state is : 200 E, Henderson, Rd. , Angleton, Texas, 77515, I ARTICLE V NAME AM ADDRESS Or INITIAL RRCISTE Al;,,ZNT 5 .01 The company,s initial Registered ,Agent 1,51: Raymond L). Felder. 5. 02 The address of the company's initial Registered office f is ; 588 CR 605, Angleton, 'texas 77515 . ARTICLE VI 1�`AN`A4BtMENT i 6 .01 The company shall be massaged by its Managers. i 6. 02 The name and address of the person who is to serve as a Manager until the First annual meeting of the company,s Member or until successors are elected and qualified is: Name i i j t 2 i I J i i u u Raymond D. Felder 966 CR 605 Angleton, `texas 71515 ARTICLE VII ORGANIZER 7.O1 The name and address of the organizer is: r X:AM-e Ad e s s r Raymond D. Felder 986 CR 605 Angleton, Texas 77515 1 r ARTICLE VIII REGULATIONS 8 .O1 The Regulations will be adopted by the Member. 8 ,02 They powers to alter, amend, or repeal the Regulations or adopt new Regulations is vested in the member, subject to repeal or change by action of the Members. l ARTICLE IX r l XAJORXTY VOTING 9. 01 With respect to any matter, other than the election of the Managers, for which the affirmative vote of the; holders of a J specified portion of the membership interest entitled to vote is required by the Texas Limited Liability Company Act, and notwithstanding that such Act may require a portion of the membership interest entitled to vete that exceeds that specified in this Article, the act of the Members on that mattes, .shall be the 1, affirmative vote of the holders of a majority of the membership t interest entitled to vote on that matter, rather than the affirmative vote otherwise required by such Act . 1 ARTICLE X f 3 AUTHORITY 10 .01 The authority to acquire, mortgage, ar dispose of property of the company is limited to the Managers. I f 1 ' 1 G ARTICLE XI 1 INDEWI F I CATION 11 . 01 The company shall indemnify every Manager, and the Managers' heirs, executors and administrators, against expenses actually and reasonably incurred by the manager, as -well as against any amount paid upon a Judgment in connection with any action, 1 proceeding, civil or criminal, to which the Manager may be. made a party by reason of having been a Manager of this limited liability company. I 11.02 This indemnification is being given because the Manager will be requested by the company to act fcr and on behalf of the company and for the company's benefit 11.03 This indemnification shall not be eXVlusive of other rights to which the Manager may be entitled. � t 11. 04 The Managers shall be entitled to the fullest indemnification allowed by the current law or as the law may be amended hereafter. 11.05 A Manager shall be liable to the company for the following' actions: �II a. A breach of their duty of loyalty tl-, the company, or to its Members; b. An act or omission that was taken in bad faith and r which constitutes a breach of the Manager's duty to the company by an act that is grossly r, negligent, malicious, or i.ntentiona:l, as those terms are defined at law; C. A transaction in which the Manager 1y(.nefits to the detriment of the company or its Memk)exrs. d. An action for which the Manager is ]._able at law and for which an indemnification is not allowed. i ARTICLE XII COXPAXY ACTIONS 1 . 01 Any action required by the Texas Limited Liability Company Act, and any amendments thereto, shall be taken at any l annual or special meeting of Members of the Liml,ted Liability J l Company. Y� 12 . 02 Or any action which may be taken at any annual or special meeting of Members of the Limited Liability ("c)rnpany, may be 1 taken without a meeting, without prior notice, and without a vote, if a consent or consents in writing, setting .forth the action so taken, shall be signed by the holder or holders Of membership 4 f f II interest having not leers than the minimum number of votes that would be necessary to to holders of all membership inte est entitled tosuch action at aevotzcYg at which the were present and voted, on the action 12 .03 Any such written consent must be dated, signed and delivered in the manner required by, and shall be effective for the ,period specified by the Texas Limited Liability COmpany Act, and any amendments thereto, and the taking of ,any Enich action by written consent shall be subject to satisfaction of ;ill requirements of such Act. applicable 12, 0.4 prompt notice of the taking of any actionby Members without a meeting by less than unanimous written col:%sent shall be given to those Members who did not consent in w;e°icing to the f action. f r j A3tTXCLa XIII RESTRICTIONS ON ITS TR.AKSFgRABILITX 13 . 41 The membership interest of :t:ed Liability Company will be subject to restrithe Lim9ctions on its trans'aferability as set out in the Regulations of the Limited Liability Company, which Regulations will be kept with the records of the Lirna.teLiability f Company. y 13 , 42 The Limited Liability Company will provide a copy of the Regulations without charge to any record holder of a membership � interest upon written request addressed to they Limii:,ed Liabilit Company at its p J r address. principal business Office or its registered agent's l ARTICLE XIV CONTINUITY or BUSINESS G 14 . 41 All of the remaining Members of the company may agree to continue the business upon the death, expulsion, withdrawal, bankruptcy or other dissolution of a Mem}Der. I' l r r, IN WI SS WIERZOp, I have hereunto set my hand t.lais 2042 . day r l 5 1 1 f J II Pf I r Raym nd D. Felder --� STATS OF TIX"AS COtIM OF Brazoria � 1 This instrument was acknowledged 5 before me on r r r 2002, by Raymond D. Feld,ar. XC7TARY k CJBLSC, STATE OF TEXe r SUSIE A.DEVENB; ' N�ty camniwaar�as rrrtoaoo� M t i i a 1 t R 1 i �r r ale Felder 1.7276 FM 523 Angleton, Texas 775151979-481-5565 1 dale felderww.conl EXPERIENCE FELDER WATER WELL & PUMP SERVICE LLC VICE PRESIDENT ( MAJORITY OWNER 12006 - PRESENT f Instrumental in growing the corrrpany assets from 3 million dollars to over 1.5 million dollars, Significantly expanding business into the commercial and industrial markets while continuing to grow the residential and agricultural customer base. Successfully negotiates multi-million dollar contracts. Personally meets with every ccrstomer°to insure all specifications& expectations are meet. Overseas all inventory,purchasing and vendor relations. Opened and overseas all aspects of they company store,Angleton Pumps, Parts&.Supplies LLC, consulting with and assisting walk-in customers daily. r OPERATIONS MANAGER 12001 - 2006 Manage day to day operations. • Effectively contrarrrraicate jogs expectations and insured that all safety r.erlrrirerraerat:s are consistently rtac=t:. F Involved with day to day operations involving sales and custorner relations. Managed all job crews including;training, safety, hiring;and terminations, Supervised all equipment and vehicle maintence. 1 Handled all purchasing, inventory and vendor-relations. f DRILLING SUPERINTENDANT 11.993 - 2001. Responsible for crastomer interaction for precise well location. Coordinate schedules of drilling rig;and crews. Determine the depth of the well and pampa requirei,rients. Communicate to the driller a list of materials needed to complete the job. 4 jralasite visits to ensrra•e quality control and safety rules aararl reyc.purr erne::amts are followed, Worked with engineers on all phases on the design and construction of public supply water wells and plants. I . °l"r•aiaaed all drillers„ installers arid technicians. l DRILLER I PUMP INSTALLER I SERVICE TECHNICIAN ( 1982 - 1.993 Started d profession as a residential service tech on pet, submersible, sewer, pool,and booster purrip s, l Progressed to a-r dr°iller position in the residential, municipal, and indt.v;»trial rn arkets with wells 2" to fl" at depths 200' to 600' under the apprenticeship of ltaayirrcarad Felder and obtained drill€Xr's hcense. Moved on to drilling municipal, industrial, &.irrigation wells from 10" to 20" and depths `1200'to 14,00' l with i"arara"apiiag;cap,'ic,ities up to 4000 GPM. Hands on work on r e"lift,short scat booster, horizontal sp ht case, line shaft:turbine pumps rap to 750 Ill' Booster purrip::as with capacities of 30 GPM to 40,000 GPM. t r r EDUCATION LICENSE DIPLOMA 11977-1981, ( ANGLETON HIGH SCHOOL General Studies CERTIFIED DIESEL MECHANIC 11.981-1,982 ( WYOMING TECHNICAL INSTITUTE Major: Certified diesel mechanic Minor: Diesel engines Related coursework: Powertrain and electrical MASTER DRILLER/PUMP INSTALLER 1983-PRESENT I CONTINUING EDUCATION license nunrber° 2440 At i PROFESSIONAL ASSOCIATIONS N VOLUNTEER ACTIVITIES r Board r-nernher-"Texas Groundwater Association Past President-"Texas Groundwater Association 1 Past Chair-"Texas Gr°r:Undwater Association - All Committees Member- National Groundwater Association �� President, Secretary,&Member-- Mid Coast:Groundwater Association I! Past Chair Mid Coast Groundwater Association --All Committees Past Chairman --Angleton Girls Softball Association Past:President-Angleton Little League Baseball Association I� Committee Member- Angleton I ligh School Project:Graduation 1, t r f l 1f 1 1 r 1% Page 2 r r i i David Eric Branch 979-849-5144 ( Cell 979-215-3742 ( eric@felderww.com EXPERIENCE FELDER WATER WELL & PUMP SERVICE LLC. DRILLING SUPERINTENDENT 12004— PRESENT Lead 'Driller for all municipal, industrial,&irrigation wells from 10"to 24"at depths from 600'to 1400'. Responsible for coordinating drilling rigs and crew schedules. Communicate to the drillers well locations and materials needed to complete the job. Determine the depth of well and pump requirements, Manage and coordinate all phases of the well to completion. Train new drillers. Hold daily safety meetings to ensure a safe and productive work site. Work with engineers on well requirements and specifications. � DRILLER/PUMP INSTALLER/SERVICE TECH 11999 —2004 Started career as residential service tech and driller's assistant. Progressed to driller in the residential, municipal,and industrial markets with wells 2" to 8" at depths 200'to 600'under the apprenticeship of Dale Felder and obtained driller's license in 2003. Experienced in installation and repair of re-lift,short set booster, horizontal split case and line shaft turbine pumps up to 750 HP and capacities up to 40,000 GPM. f EDUCATION DIPLOMA 119991 DANBURY HIGH SCHOOL • General studies CERTIFICATE 12000 — 20031 BRAZOSPORT JUNIOR COLLEGE • Welding and electrical classes f i� l' DRILLER/PUMP INSTALLER 11983 - PRESENT ( CONTINUING EDUCATION Master Pump Installer and Well Driller License 56029WI Contractor safety and site specific classes Baroid Mud School TWIC card CDL Class A driver license t i r i i i 00 45 16 STATEMENT 4F EXPERIENCE ARTICLE 1—REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of Experience within 5 days after the date Bids are due to demonstrate the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify,enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included in an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement, prepared no later than 90 days prior to the City Engineer's request, signed and dated by the Bidder's owner, president or other authorized party, specifying all current assets and liabilities. ARTICLE 2—EXPERIENCE REQUIREMENTS 2.01 The. Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a E Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. i 2.02 If none of the three apparent low Bidders are deemed responsible, the Owner may notify the next apparent low Bidders in order,who will then be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or a proposed Subcontractor in response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. I 2.05 Provide resumes for the key personnel that will be actively working on this Project. l A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the r percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one I T individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The i Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of Statement of Experience 004516-1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 1 l qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award ofthe Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience,education and formal training and awork history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements should also beincluded. D. The Project Manager and Project Superintendent most have at least 5 years of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials, safety, coordination of Subcontractors, experience with the submittal process,Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization. A� Provide information on projects that have been awarded to the Organization in the last 5 years in Table g. � Attach additional pages ifnecessary. Experience must include the satisfactory completion ofatleast five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project, B. In determining the responsibility of the Bidder,the Owner will consider the Bidder's past projects and any substandard quality mfworkmanship oncompleted projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work,the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced,the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering and any non-responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information |nthis Statement ofExperience, Bidder indicates its approval for OPT tocontact the individuals listed as o referencm. ARTICLE 3—SAFETY EXPERIENCE REQUIREMENTS 3.02 The Bidder agrees that pursuant to Section 252.0435 of the Local Government Code,the Owner will consider the safety record ofthe Bidder prior toawarding contracts. The Owner has adopted the following written definitions and criteria for determining the Bidder's safety record. 102 The Bidder's safety record will be used to determine if the Bidder can be deemed responsible, 3.03 Provide general information about the safety record of the organization as required in Table 4. A. For purposes of providing this information, the following terms shall have the following meanings: 1. "Bidder" includes the firm, corporation, partnership, or other legal entity represented by the Bidder or anyone acting for such firm,corporation, partnership, or other legal entity submitting the bid, Z. "Citations" include notices of violation, notices of enforcement, suspension/revocation of state or federal licenses orregistrations,fines assessed pending criminal complaints, indictments, convictions, � administrative orders,draft orders, M � final orders, and final Notice of Violations and � � NoticeofEnforcementnece|vedfnzmtheT[E{}sha|| indudetbosec|ossihedasma/orvio!otionsand Statement ofExperience 004516-2 � Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 moderate violations under the TCEQ's regulations for documentation of Compliance History, 30 Texas Administrative Code, Chapter G0] (c) (1)and (2). 1 "Environmental Protection Agency" includes, but is not limited to the Texas Commission on Environmenta| QueUty(the "T[EQ"),theOnitedStatesEnv}ronmenta| Protect)onA8ency(the"EPA"), the U.S. Fish and Wildlife Service,the U.S. Army Corps of Engineers,the Texas Department of State Health Services,the Texas Parks and Wildlife Department,the Structural Pest Control Service, agencies oflocal governments responsible for enforcing environmental protection |svvy or regulations,and similar regulatory agencies ofother states ofthe United States. B. In determining the responsibility of the Bidder,the Owner will consider the following in regards to Table 4: 1. Whether the Bidder's response in reveals more than two(2) cases in which final orders have been entered by the Occupational Safety and Health Review Commission (the "OSHRC") against the Bidder forseriousvin|adonsofOccupotiona/SafetyandHea|thAdministration ("OSHA") reQulationswithin the past five(5)years. 2. Whether the Bidder's response reveals more than one(1)case in which Bidder has received e citation or for which final orders have been entered from an environmental protection agency for violations within the past five (5)years. 3. Whether the Bidder's response reveals that the Bidder has been convicted of a criminal offense or has been subject to a judgment for a negligent act or omission,which resulted in serious bodily injury or death,within the past ten (1O)years. C. The Owner may consider the responses toeach question inTable 4separately when determining the responsibility of the Bidder,The Owner may also consider the cumulative impact of the information generated bythe Bidder's responses. ARTICLE 4—PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OFTHE BIDDER TO PROVIDE SUBCONTRACTING OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY, MBE,AND DBE PARTICIPATION |NTHE PROJECT. LIST ALL WORK TO BEPERFORMED BY QUALIFIED MINORITY, MBE AND DBE-PROPOSED SUBCONTRACTORS OR SUPPLIERS IN TABLE S. INCLUDE PERCENTAGES OFWORK SUBCONTRACTED TO EACH TO DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOAL5.STATEA8ENTOF EXPERIENCE REQUIREMENTS 4.01 Provide one printed copy of the Statement of Experience using the referenced tables and narrative descriptions asdescribed inArticle 3. Pages are tobe8-1/2x11pages using aminimum font size of10. Alimited number of 11x17sheets may beused, and must befolded tmthe size ofanO-1/2x11page. 4.02 Provide a digital copy of the Statement of Experience in Portable Document Format(PDF)on a CD, portable drive, orother digital recording device. This digital copy is to include all information required to evaluate the Bid and should match the content ofthe printed copy ofthe Bid. When creating the digital copy: A. Create PDF documents from native format files. B. Rotate pages so that the top of the document appears at the top of the file when opened in PDF viewing software. L Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to � the original documents. Documents are to be scalable to allow printing on standard Q-1/2x 11 or 11 x 17 paper. B. Submit color PDF documents if color is used in the printed version of the documents, Statement ufExperience 004516-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 �able 1-Organization Information Organization doing business as: I Felder Water Well I&Pump Service LLG Business Address of Principa P,O.Box 1033 Angleton,Texas 77516-1033(mailing) I Office 17276 FM 523 Angleton,Texas 77515(physical) Form of Business (check one) IR Cor 0 ration F-1 Partnership M Individual 6�c Q Qqrg. -State of Incorporation Texas Date of Incorporation December 30,2002 -Chief Executive Officer's Name Raymond D.Felder President's Name Raymond D.Felder Dale Felder Vice President's Name(s) Secretary's Name Jonell Felder Wilcox Treasurer's Name Date of Organization Form of Partnership: Q General El Limited M,1111 ,Milli 171111IM1111 Name List of companies,firms,or organizations that own any part of the organization. Names of Companies, Firms,or Organizations Percent Ownership List of names that this organization currently, has,or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Angleton Pumps,Parts and Supplies LLC (related company-store) 2006 Present Average number of current full-time employees 21 Average estimate of revenue for the current year 1,200,000,00 � Statement ofExperience 0045 16-4 Table 1 Organization Information Organization doing business as: Felder Water Well&Pump Service LLC List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 None 2 3 4 5 Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year 1 2017 1 EMR 1 .75 1 Year 1 2016 EMR 1 19 Year 1 2015 EM=.8� Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes, No Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. No Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim,the amount and basis for the lien or claim,and an explanation of why the lien has not been released or that the claim has not been paid if yes. No Statement of Experience 0045 16- 5 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Table 2—Project Information Organization doing business as: Felder Water Well&Pump Service LLC ME Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resurnesfor Project Manager,Superintendent, Safety Manager a d Quality Control Manager, Position Primary Alternate Project Manager Dale Felder,Vice President Superintendent Safety Manager David Korenek Quality Control —Manager David Eric Branch I Mill, Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work(based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Estimated Percentage Work of Contract Price All required work as per specifications Felder Water Well&Pump service LLC 100% WP Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25%or more of the Contract Price. Provide documentation of the EMR. Subcontractor N/A Year EMR Tea rT EMR Subcontractor Statement ofExperience 004516 6 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 f f Table 3—Projects Awarded during the Last S Years i Organization doing business as: Folder Water Well&Pump service LLC f j r Project J (2)temporary water wells&core sampling to 1,100'.3 water samples Name Formosa Plastics Groundwater Exploration description per hole and multiple core samples at all different depts n Project Owner Formosa Plastics Corp. Name/Title John Sullivan Telephone 1 361-987-7174 Email Johnsullivan@ftpc.fpcusa.com Project designer I LGB-Guyton r�fl7Fina � �Original ontract #Contract #Days Contract Price 380,000.00 380,000.00 Days 90 Late 0 Issues/Claims/ None Litigation: Project `r Description (3)16"straight wall,gravel packed,industrial supply wells,approx. G Name Formosa Plasfics Core. 450'-650'TD f Project Owner Formosa Plastics Corp. t fName/Title John Sullivan Telephone 361-987-7174 Email iohnsuliivan@ftpc.fpcusa.com i Project Designer Felder Water Well f Mli� ���i,� ' Original Final Contract #Contract # Days Contract Price 1,800,000.00 Price 1,800,000.00 Days 180 Late 0 Issues/Claims/ f None Litigation: 1 r „ , it �rrarr ,, ,0�/� ,i<;�;�,i;�/ii /,.�i,,, ,�i../,✓,�,///��.,,..��/�/��%/; �/�i ,,/,/�/ r/i,.,�////�////, .,i/i/�� Project (2)14"x 8"under reamed gravel packed,brackish production wells Name BASF Description for industrial use,approx. 1,100'TD Test holes to 1,400 /p,���„� ;,. ;,.r .„;; //!/�,/,. ,,. �,E�i/,,;,%, / //i% cr�/i�/ /prUiai////////r/l /i//„//i iii/✓v../ r /,/ �/� r/ ,,i/„ Project Owner BASF f Name/Title John White Telephone 979-415-6594 Email John.white@partners.basf.com Protect Designer Collier Consulting, Original Final Contract #Contract # Days e Contract Price 1,600,000.aa Price 1,600,000.00 Days 180 Late 0 r Issues/Claims/ Litigation: None f l Statement of Experience 004516-7 f Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 f f f i Table 3—Projects Awarded during the Last 5Years—Not including City ofCorpus Christi Projects Organization doing business as: elder Water Well& Pump Service LLC Project 11 x 8"under reamed gravel packed,industrial supply wells,approx. Name 'TID.Test hole to 1,400' Project Owner Exelon Colorado Bend Generation Station Name/Title MIke Roger Telephone 979-636-5165 Email rogersM@zachrygroup.com Original #Contract #Days Contract Price 15700 000 007T 1,541,715 42 Days 120 1 ntp Litigation: None Project scription (1)16"Straight wall,gravel packed,irrigation well,approx.760'TD Name ulf Coast Ag. Project Owner Gulf Coast Ag. Name/Title _.Joey Sliva Telephone — 979-557-3011 Email Joey@gulfcoastagr.com Project Designer Felder Water Well Ig Contract Price 275,000M Days 60 1 ate 0 Issues/Claims/ None Project 11 approx.850'TD Name Hlavinka Ca Project Owner Hlavinka Cattle Company Name/Title Kenneth Hlavinka Telephone 281-239-5870 Email Hlavinka@hlavinka.com Project Designer Felder Water Well Ink, 0 Original Final Contract #Contract # Days Contract Price 275,000M Price 275,000M L 60 Late 0� Litigation: None Statement of Experience 004516-8 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No.E16265) Rev 06-22-2016 Table 3—Projects Awarded during the Last 5Years—Not including City mfCorpus Christi Projects Organization doing business as: Felder Water Well& Pump Service LLC; Project Name under reamed,gravel packed,public supply well,approx. est hole to 1 300' Project Owner City of Angleton Telephone 1 979-549-5180 Email Project Designer I Cobb Fendley Original Final I Contract #Contract #Days Contract Price !750 000700 Price 750,000.00 Days 210 Late 0 Issues/ClaiMS/ None Project tion Name Village of Surfside 10"Public supply water well Project Owner Village of Surfffside Name/Title Larry Davidson Telephone Email Project Designer John Mercer and Assoc. NEM Original Contract Price 390,000.00 Litigation: None Project water wells 176'TD.,(1)5"Public supply water well treatment skid,(2)6"non potable wells,(1)4"non Name Zachry Indus Project Owner CP Chem Name/Title Glenn Johnson Telephone 210-410-4443 —zachrygroup.com Project Designer Jerry Ince,Ince Engineering Contract Price 94,400 0 Price 1,429,558.00 o igoing project Days multiple proj ctsLate 0 Issues/Claims/ none Statement ofExperience 004516'9 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 °°"~~SEEATTACHED-STATEMENT OFQUALIFICATIONS Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Felder Water Well&Pump Service LLC Has the Bidder received any Citations for violations of OSHA within the past five (5)years? List Citations below (date and location of Citation)and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any, and the penalty assessed. No Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5)years?List Citations below(date and location of Citation)and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any, and the penalty assessed. No Has the Bidder,within the past ten (10)years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. No 1 Does the Bidder have a written construction safety program? ix Yes o No 2 Does the Bidder conduct regular construction site safety inspections? x Yes o No 3 Does the Bidder have an active construction safety training program? R Yes c No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. Scaffolding Yes i::-j No a N/A B. Excavation Yes No FD N/A C. Cranes& Hoists 5& Yes Ej No o N/A D. Electrical x Yes No o N/A Statement of Experience 004516-10 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Table 4—Safety Record Questionnaire and Statement ofBidder's Safety Experience Organization doing business as: I Felder Water Well&Pump Service LLC E. Fall Protection 13( Yes r3 No o N/A F. Confined Spaces ix Yes o No o N/A G. Material Handling x Yes c No o N/A H. Demolition o Yes Ei No [X N/A . Steel Erection o Yes Fi No x) N/A J. Underground Construction o Yes o No rA N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification 5 System ("NAICS")Category 23 for each of the past five (5)years? Provide the c�KYes P No Bidder's OSHA 300 and 300A logs for the past five (5)years in a separate Does the Bidder have an experience modifier rate of 1.0 or less? Provide the 6 Bidder's NCCI workers' compensation experience rating sheets for the past five (5) CX Yes 0 No years in a separate attachment. Has the Bidder had any OSHA inspections within the past six(6) months? Provide 7 documentation showing the nature of the inspection,the findings, and the Ei Yes [x No magnitude of the issues in a separate attachment if yes. Statement ofExperience 004516-11 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 1 j d r r Table S—Demonstrated Minority, MBE, DBE Participation r Organization doing business as Felder water well&Pump Service LLC m' Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to 4 demonstrate compliance with the Owner's Minority/MBE/DBE Participation Policy Marne Work to be Provided Estimated%ofContract Price None available P ff 1- l I f if 1` i i r r 1 r 1 r 1 1 Statement of Experience 004516-12 l Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 i l i f ARTICLE S—CERTIFICATION l 5.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: Felder Water Well&Pump S ice tvLG (typed or printed) By: l (individual's signature) 11 Name: dale Felder (typed or printed) Title: Vice President (typed or printed) Designated Representative: Name: David Korenek I Title: Project/Safety Manager 0 f Address: P.O.Box 1033 r ll J Angleton,Texas 77516-1033 r Telephone No.: Email j 979-849-5144 David@Felderww.com i END OF SECTION l l ww r +''rye lf, v I i rrIi � 1'f gy r 111j// " Jf( Statement of Experience ,06 5 16-13 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Il r RY WORKERS COMPENSATION EXPERIENCE RATING Risk Name: FELDER WATER WELL&PUMP SERVICE Risk ID: 420011806 ry Rating Effective Date:06/01/2017 Production Date: 03/13/2017 State: TEXAS is am I=I= on,M TX-A .09 18,57-, 30,429 11,857 0 23,750 0 0 TX-B .09 49E 809 313 0 23,750 0 0 TX-C .09 119 24 1 9. 0 23,750, 0, 01 --mmvm� I ow A I 19,08A 31,2621 12,1791 0 23,750 0 01 C*(I -A)+G (A) (F) (J) Actual 0 41,116 0 41,116 (E) C*(1 -A)+G (A) (C) (K) Expected 1 12,179 41,116 1,717 55,012 (J) (K) Factors .75 1. 0 Copyright 1993-2017,All rights reserved. This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance,Inc.(NCCI). No further use,dissemination,sale,transfer,assignment or disposition of this product in whole or in part,may be made without the prior written consent of NCCI This product is furnished"As is''As available'""\AAth all defects"and includes information available at the time of publication only.NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express,statutory,or implied warranties,including the implied warranty of merchantability,fitness for a particular purpose,accuracy,completeness,currentness,or correctness of any information or product furnished hereunder.All responsibility for the use of and for any and all results derived or obtained through the use of the product are the end user's and NCCI shall not have any liability thereto Page 1 of 3 WORKERS COMPENSATION EXPERIENCE RATING Risk Name: FELDER WATER WELL&PUMP SERVICE Risk ID: 420011806 Rating Effective Date:06/01/2017 Production Date: 03/13/2017 State: TEXAS 42-TEXAS Firm ID:A Firm Name: FELDER WATER WELL&PUMP SERVICE LLC Carrier: 29939 Policy No. 0001145301 Eff Date: 06/01/2013 Exp Date: 06/01/2014 lim I=� 1111 3724 1221 .39 552,298 6,738 2,628 6204 2.80 .38 23,415 656 249 8107 .87 .40 51,5781 449 180 1 1 8809 .06 .35 82,3601 49 17 8810 .06 .39 90,098 54 21 Subject Total Act Inc Policy Total: 799,74 Premium: 38,668 Losses: 0, 42-TEXAS Firm ID:A Firm Name: FELDER WATER WELL&PUMP SERVICE LLC Carrier: 29939 Policy No. 0001145301 Eff Date: 06/01/2014 Exp Date: 06/01/2015 f if mill' R= III 3724 1.22 39 677,799 8,269 3,225 5606 .32 .40 62,400 200 80 6204 2,801 138 12,484 350 133 8107 .87 .40 41,249 359 144 8809 .06 .35 70,200 42 15 8810 t0639 74,465 45 18 Subject Total Act Inc Policy Total: 938,59Premium: 45,117 Losses: 01 42-TEXAS Firm ID:A Firm Name: FELDER WATER WELL&PUMP SERVICE LLC Carrier: 29939 Policy Na. 0001145301 Eff Date: 06/01/2015 Exp Date: 06/01/2016 3724 1.22 .39 959,408 11,705 4,565 5606 .32 .40 62,400 200 80 6204 2.801 138 35,996 1,008 383 1 8107 .87 .40 22,575 196 78 8809 .06 .35 70,200 42 15 8810 t0639 111,769 671 26 t Subject Total Act Inc Policy Total: 1,262,341 Premium: 79,441 Losses: 01 0 Copyright 1993-2017,All rights reserved. This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance,Inc.(NCCI}. No further use,dissemination,sale,transfer,assignment or disposition of this product,in whole or in part,may be made without the suer written consent of NCCI.This product is furnished"As is"'As available""With all defects"and includes information available at the time of publication only.NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express,statutory,or implied warranties,including the implied warranty of merchantability,fitness tar a particular purpose,accuracy,completeness,currentness,or correctness of any information or product furnished hereunder.All responsibility for the use of and for any and all results derived or obtained through the use of the product are the end user's and NCCI shall not have any liability thereto "Total by Policy Year of all cases$2000 or less. D Disease Loss X Ex-Medical Coverage U USL&HW C Catastrophic Loss E Employers Liability Loss #Limited Loss Page 2 of 3 WORKERS COMPENSATION EXPERIENCE RATING /�/aC Risk Name: FELDER WATER WELL&PUMP SERVICE Risk ID: 420011806 Rating Effective Date:06/01/2017 Production Date: 03/13/2017 State: TEXAS 42-TEXAS Firm ID:B Firm Name: FELDER WATER WELL&PUMP SERVICE LLC PROJ Carrier: 30147 Policy No. 61WNQF8204 Eff Date: 03/27/2014 Exp Date: 02/01/2015 62104 3724 T1.22 .39 12,616 154 60 0 398 4,451 125 48 Subject Total Act Inc Policy Total: 17,06 Premium: 503 Losses: 0. 42-TEXAS Firm ID:B Firm Name: FELDER WATER WELL& PUMP SERVICE LLC PROJ Carrier: 12165 Policy No. 048333813 Eff Date: 03/07/2015 Exp Date: 03/07/2016 M1 affill i1m, 3724 1121 .39 30,302 370 144 3724 1.22 .39 9,308 114 44 6204 2,80 .38 3841 11 4 6204 2.80 .38 1,252 35 13 �Subject Total Act Inc Policy Total: 41,24Premium: 1,249 Losses: 01 42-TEXAS Firm ID:C Firm Name: FELDER WATER WELL&PUMP SERVICE LLC Carrier. 12165 Policy No. 048328738 Eff Date: 01/19/2015 Exp Date: 03/07/2015 rr Il 3724 1.221 .39 1,952 24 9 Subject Total Act Inc Policy Total: 1,95Premium: 56 Losses: 0 Ji C)Copyright 1993-2017,All rights reserved. This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance,Inc.(NCCh. No further use,dissemination,sale,transfer,assignment or disposition of this product,in whole or in part,may be made without the prior written consent of NCCL This product is furnished'As is""As available""With all defects"arid includes information available at the time of publication only NCC1 makes no representaborts of warranties of any kind relating to the product and hereby expressly disclaims any and all express,statutory,or implied warranties,including the implied warranty of merchantability,fitness for a particular purpose,accuracy,completeness,currentness,or correctness of any information or product furnished hereunder.Alb responsibility for the use of and for any and all results derived or obtained through the use of the product are the end user's and NCCl shall not have any liability thereto *Toter by Policy Year of all cases$2000 or less D Disease Loss X Ex-Medical Coverage U USL&HW C Catastrophic Loss E Employers Liability Loss #Limited Loss Page 3 of 3 �t �n June 8,20116 Felder Water Well& Pump Services PO Box 1033 Angleton,TX 77516 � 1' r RE:Workers"Compensation Experience Modifier To Whom it May Concern: J r Per your request regarding loss information on the Workers` Compensation,the following are your Experience Modifiers for the prior three years; n f Rating Effective Date 06/01/2016 .79 G f Rating Effective Date 06/01/2015 .84 t Rating Effective Este 06/01/2014 .86 l o, Rating Effective Date 06/01/2013 .81 rr I Rating Effective Date 06/01/2012 .82 y( I Regards, I AVli Bohot Account Manager F Commercial Lines Dept Victory Insurance Agency l P-OI WX 1690/2(08 Broadway StWIp CR'6Y" INSURANCE ALkCY, AC, 12aWest Way, Suite#40 uitc #40 4 ' VIA9gra s 77581 1P99 "°%M.'rN4tbh 'iPSh�raraWw.C(]tp p (i+QTT r.1D11 � r i@s 979 297,8604 p GAS 1.465 6933 f 979.29 7,7080 f r I Felder Water Well & Pump Service LLC t "DEDICATED TO PROVIDING QUALITY INSTALLATION, SERVICE AND A SAFE WORK ENVIRONMENT l t Proudly Serving Brazoria and Surrounding Counties Since 1955 f 17276 FM 523 P.O. Box 1033 t T l t r t G r 1( 1 IJ � Texas 77515r Office www.Felderwwa coml r Company Overview Felder Water Well & Pump Service, LLC is a third generation company that has been proudly serving Brazoria and surrounding counties since 1955. Dale Felder started working as a teenager alongside his father, Raymond Felder, and has been a master driller and pump installer for over 25 years. We strive to be the best at what we do, therefore staying on top of the latest technology, products and equipment to ensure the highest quality of work possible for all of our customers. We are members of the Better Business Bureau, Angleton Chamber of Commerce, Texas Groundwater Association, National Groundwater Association and numerous other local and state organizations, as well as active members of the community. We are fully insured and practice a drug and alcohol free work environment, testing all new and current employees. Our drillers are fully trained and licensed in accordance with the Texas Department of Licensing and Regulation. We require all of our employees to attend annual continuing education classes as well as general and site specific training through Contractor's Safety Council. Well Drilling We drill residential, commercial, industrial, irrigation and public supply wells of any size and depth. All of our water wells are drilled according to the requirements and standards of the Texas Commission of Environmental Quality, cemented 100% per the Halliburton Method to avoid comingling of water strata. n � Well Service and Repair We offer service, repair and well rehab for any size residential, commercial, industrial, irrigation and public supply wells and pumps. We carry a full line of jet, submersible and sewer pumps, motors, tanks, pump parts, plumbing parts and many other items in our store, Angleton Pumps, Parts & Supplies LLC. We also offer 24 hour on call emergency services. l l l i r i i i i i i 6 1 Felder Water Well & Pump Service LLC 1 Corporate Officers, Managers, Key Personnel and Staff "DEDICATED TO PROVIDING QUALITY INSTALLATION, SERVICE AND A SAFE WORK ENVIRONMENT" 1 r Proudly Serving Brazoria and Surrounding Counties Since 1955 r Raymond D. Felder— President/Consultant/Owner Retired Master Driller/Pump Installer Years of experience: 55 Years y TX Groundwater Association Life Member & Past President Brazaria County Groundwater Conservation Dist. Board Member Dale Felder—Vice President/COO/Owner Master Driller/Pump Installer— License# 2440AI Years of experience: 36 Years TX Groundwater Association Board Member & Past President Jonell Felder Wilcox— Office Manager/Owner Years of Experience: 20 Years David Eric Branch — Drilling Superintendent Driller/Pump Installer License #56029W1 Years of experience: 18 Years David Korenek— Project/Safety Manager Years of Experience: 15 Years Melvin Wright— Driller/Pump Installer Years of Experience: 25 i Luis Oropeza — Driller/Pump Installer f Years of Experience: 15 l George Wyatt— Driller/Pump Installer/Service Technician Years of Experience: 20 l Billy Odom — Mud Technician Years of Experience: 10 l George Skucius-In House Technician Years of Experience: 35 e l Office Staff.` Katrina Varner Nora Lennon 00 Technicians/Rig Tenders: Abraham Llanes r Rafael Ortiz Larry Farmer Michael Miller 1 Nathan Arnold Gerardo Cordero Jonathan Oropeza Johnathan Welsh l r l r l i l T r , DaleaUe eUde ~ 17776 FM 523 Angleton, Texas 77515 1979-481-5565 | | EXPERIENCE FELDER WATER WELL & PUMP SERVICE LNC Vice President | Majority Owner | 2006 - Present ` Instrumental ingrowing the company assets from 3 million dollars to over 15 million dollars. ^ Significantly expanding business into the commercial and industrial markets while continuing to grow the residential and agricultural customer base. ^ Successfully negotiates multi-million dollar contracts. ' Personally meets with every customer to insure all specifications&expectations are met. ^ Overseas all inventory, purchasing and vendor relations. ' Opened and overseas all aspects of the company store, Angleton Pumps, Parts&Supplies LLC, consulting with and assisting walk-in customers daily. Operations Manager | 2001 - 7006 ' Manage day tnday operations. ` Effectively communicate job expectations and insured that all safety requirements are consistently met. ^ Involved with day tmday operations involving sales and customer relations. ^ Managed all job crews including training, safety, hiring and terminations. ' Supervised all equipment and vehicle maintence ` Handled all purchasing, inventory and vendor relations. Drilling Superintendent 19q3 - 7001 ' Responsible for customer interaction for precise well location. ' Coordinate schedules ofdrilling rig and crews. ' Determine the depth ofthe well and pump requirements. ' Communicate tothe driller alist ofmaterials needed tVcomplete the job. ^ Jnbsite visits to ensure quality control and safety rules and requirements are followed. ' Worked with engineers on all phases on the design and construction of public supply water wells and plants. ' Trained all drillers, installers and technicians. Driller | Pump Installer | Service Technician | 1982 1943 ' Started profession as residential service tech on jet, submersible, sewer, pool, and booster pumps. ' Progressed tVadriller position in the residential, municipal, and industrial markets with wells 2" to 8" at depths 200'to 600' under the apprenticeship of Raymond Felder and obtained driller's license. ` Moved ontodrilling municipal, industrial, & irrigation wells from 10" to 20" and depths 1200' to 1400' vvithpumpimg capacities upto4OODGPM. ' Hands on work on re-lift, short set booster, horizontal split case, line shaft turbine pumps up to 750 HP. ^ Booster pumps with capacities of3OGPM hm4UOOOGPM. EDUCATION I LICENSE Diploma 1 1977-1981 1 Angleton high school General Studies Certified diesel mechanic 1 1981-1982 1 Wyoming technical institute Major: Certified diesel mechanic Minor: Diesel engines Related coursework: Powertrain and electrical MASTER DRILLER/PUMP INSTALLER 11983-PRESENT I CONTINUING EDUCATION License number 2440 Al • Contractor Safety Council and Site Specific Training Baroid Mud School PROFESSIONAL ASSOCIATIONS I VOLUNTEER ACTIVITIES Board member—Texas Groundwater Association Past President—Texas Groundwater Association Past Chair—Texas Groundwater Association—All Committees Member—National Groundwater Association President,Secretary, & Member—Mid Coast Groundwater Association Past Chair Mid Coast Groundwater Association—All Committees Past Chairman—Angleton Girls Softball Association Past President—Angleton Little League Baseball Association Committee Member—Angleton High School Project Graduation l v Professional References: I Jerry Ince, President Ince Engineering t 281-232-7075 Kaveh Khorzad, President Wet Rack Groundwater Services, LLC 512-773-3226 John Seifert 1 LBG Gayton & Associates 713-444-7238 Hughbert Collier, Sr. Vice President r Collier Consulting 254-396-0446 l Robert Bagley Baker & Lawson Engineering 1 979-549-2062 1 l Lonnie Key, Officer First State Bank 979-480-4568 ' r r Leroy Goodson Texas Groundwater Association 512-472-7437 t r l Bob Purnell, CPA CDMA Partner r Green & McElreath 713-228-1040 X 107 r J i l r 1 Current/Past Large Industrial, Municipal, Irrigation and Public Supply Projects In addition, we drill approximately 110— 130 4" - 10" water wells per year for residential, industrial, agricultural, commercial and municipal customers. All projects have been completed timely, as directed, weather permitting. 2017 Garrett Farms Jacko Garrett (1) 1611 x 10" Irrigation well (in progress) Test hole drilled 1,050' Fort Bend County WCID #8 Jerry Ince 281-232-7075 (1) 8" Straight Wall Public Supply well, approx. 850' TD Hlavinka Cattle Company Kenneth Hlavinka 281-239-5870 20P x 16" 900' Irrigation well rehab. 2016 City of Clute —Clute, TX John Wilkerson (2) 18" Public supply water wells approx. 230'TD Zachry Industrial — Exelon Colorado Bend —Wharton County Mike Rogers 979-636-5165 (2) 14" x 8" Under reamed, gravel packed industrial supply wells, approx. 1,100' TD, test hole to 1400' Zachry Industrial - CP Chem. - Old Ocean, Brazoria County Glenn Johnson 210-410-4443 (2) 8" Public supply water wells approx. 176' TD Weekly potable water and softener system maintenance contract Village of Surfside — Brazoria County Larry Davidson 10" Public supply well approx. 600'TD Newton Nurseries — Houston, TX Taylor Moore 832-647-9803 (2) 6" Irrigation wells approx. 415'TD Ducks Unlimited — Mad Island Bradley Lambert (1) Agriculture solar well approx. 185TD Ducks Unlimited — Guadalupe Delta, Refugio Bradley Lambert (3) 4" Agriculture solar wells approx. 185TD Cajun Constructors-Lyondell Wooclsboro/Tivoli Bain McCleney 281-479-5554 (2) 4" Industrial water wells approx. 271'TD 2015 Long & Son, Inc. — City of Angleton Freedom Park— Brazoria County Charlie Long 713-935-9278 (1) 16" x 10" Under reamed, gravel packed, public supply well, approx. 900' TD Test hole to 1300' Tenaris — Matagorda County Don McCurdy 979-323-5204 (2) 14" x 8" Under reamed, gravel packed industrial supply wells, approx. 600' TD Test hole to 1000' Wet Rock Groundwater Services, LLC Kaveh Khorzad 512-773-3226 Aqua Texas — Montgomery County (Crystal Forest Sub.) (1) 10"x 6" Under reamed, gravel packed, public supply well, approx. 580' Aqua Texas — Harris County (Walraven Sub.) (1) 8" x 4" Under reamed, gravel packed, public supply well, approx. 469' Aqua Texas — Harris County (Atacocita Acres Sub.) (1) 8" x 5" Straight wall, public supply well, approx. 410' TD Aqua Texas- Harris County (Fairway Crossing Sub.) (1) 8x 5" Straight wall, public supply well, approx. 850' TD Union Carbide/Dow Chemical — Seadrift, Matagorda County Roland Rodriguez 713-654-3620 (1) 16" Straight wall, gravel packed industrial supply well, approx. 495' TD Dow Chemical — Plant A, Freeport, Brazoria County Billie Brannan 979-238-3384 (1) 14" x 8" x 5" Stainless steel public supply well, approx. 230' TI) Formosa Plastics— Lavaca County John Sullivan 361-579-8460 Groundwater exploration well for core and water samples 1,100' TD Zachry Industrial/Freeport LNG Oyster Creek— Brazoria County Chris Schmidt 210-722-2489 (2) 8" Construction wells approx. 240'TD 2014 BASF — Freeport, Texas John White 979-415-6594 (1) 14" x 8" under reamed, gravel packed, brackish production well for industrial use, approx. 1100' TD. Test hole to 1400' Dow Chemical — Oyster Creek Division — Brazoria County Billie Brannan 979-238-3384 (1) 14" x 811 x 5" Stainless steel public supply well, approx. 230' TI) Barrett Franz — Matagorda County Barrett Franz 979-241-2256 (1) 18" Straight wall, gravel packed, irrigation well, approx. 450"TD Test hole to 900' Gulf Coast Agriculture — Matagorda County Joey Sliva 979-557-3011 (1) 16" Straight wall, gravel packed, irrigation well, approx. 760' TD Test hole to 1200' Zachry/CP Chem - Old Ocean, Brazoria County Glenn Johnson 210-410-4443 (1) 5" Public Supply Well, approx. 180 TD and water treatment skid (2) 6" Non-potable wells, approx. 180'TD (1) 4" Non-potable well, approx. 180'TD Weekly potable water and softener maintenance contract Hlavinka Cattle Company— East Bernard Kenneth Hlavinka 281-239-5870 (1) 1611 x 10" Under reamed, gravel packed, irrigation well, approx. 850 TD Tres Bayou Farms L.P. — Santa Fe, TX Kenneth Hlavinka 281-239-5870 (1) 16" Under reamed, gravel packed, irrigation well, approx. 920' TD Dow Chemical — Freeport, Brazoria County Billie Brannan 979-238-3384 (1) 14" x 8" x 5" Stainless steel public supply well, approx. 230' TD 2013 BASF — Freeport, Texas John White 979-415-6594 (1) 1411x 8" under reamed, gravel packed, brackish production well for industrial use, approx. 1100' TD. Test hole to 1400' Formosa Plastics— Lavaca County John Sullivan 361-579-8460 (3) 16" Straight wall, gravel packed industrial supply wells, approx. 450'-650' TD Test hole to 1,100. Paul Sliva — Matagorda County (1) 14" Straight wall, gravel packed, irrigation well approx.550'TD Hall's Bayou Hitchcock, TX (1) 16" x 10" Undreamed, gravel packed, irrigation well approx. 720'TD Martial Burguieres — Danbury, TX Leslie Hall (1) 16" x 10" Under reamed, gravel packed irrigation well, approx. 5001D Test hole to 1,200.' Nunn Constructors, LTD — City of Waller Jim Killian - 281-351-8383 (1) 14" Straight wall, gravel packed, public supply well, approx. 550"TD Test hole to 1,100' Ineos Stratton Ridge — Brazoria County Tiger Kalischko 979-824-0497 (2) 12" x 8" potable water systems 1 Dow Chemical — Freeport— Brazoria County Billie Brannan 979-238-3384 f' (1) 14" x 8" x 5" Stainless steel public supply well, approx. 230' TD r 2012 Ineos Chocolate Bayou — Brazoria County Randy Kay 281-543-2108 (2) 10" x 6" under reamed, gravel packed potable wells, approx. 900' TD r Test hole to 1,400 f (2) 14" x 8" under reamed, gravel packed industrial wells, approx. 900' TD Test hole to 1,100' City of Lake Jackson — Brazoria County David Ellis 979-299-9724 (3) 18" x 12" Under reamed, gravel packed, public supply wells, approx. 350' TD r City of Richwood — Brazoria County Glen Patton 1 (2) 18" x 12" Under reamed, gravel packed, public supply wells, approx. 350' TD Dow Chemical — Freeport, Brazoria County r Billie Brannan 979-238-3384 (1) 14" x 8" x 5" Stainless steel public supply well, approx. 230' TD Wet Rock Groundwater Services, LLC - Gray Utilities- Chambers County Kaveh Khorzad 512-773-3226 (1) 10" x 5" Under reamed, gravel packed, public supply well, approx. 600' TD Test hole to 900' Hall's Bayou - Alvin, TX (1) 16" Undreamed, gravel packed, irrigation well approx. 8001D f r t f �j i r i S u reTe c BID BOND l l i �r l% KNOW ALL MEN BY THESE PRESENTS, that we Felder Water Well & Pump Services as principal, hereinafter called the"Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the"Surety," are held and firmly bound unto The city of Corpus Christi TX as obligee, hereinafter called the Obligee, in the sum of$45,000 Percent(5%)of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for$900,000. NOW,THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. (t PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 05 day of May, 2017. r l Felder Water Well & PUMD.Service LLC (Principal) BY: TITLE. 0 SureTso4nsurance CooipArM BY: , .. Z1,-`V4 . ontema r, Jr,, Atto e iFact r l BidBond3 Rev 1.1.06 1 i � SureTec Insurance C--o—mp-any THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice Toobtain information ormake acomplaint: You may call the Surety's toUfmeehe|ephonenumberfnrinfomnabonor homake acomplaint at: 1-86G-732-OOQ9. You may also write tothe Surety at: � SurnTecInsurance Company � � S737Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at P(JBox 1491O4 Austin, T>( 78714-A1O4 Fax#: 512-47G-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. /fthe dispute ienot resolved, you may contact the Texas Department ofInsurance. ---------_________________________________________________________________ Ternvr|smmRisks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. ------------------------------------------------------------ | Exu|usimn ofLiability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living ordead fungi, bacteria, a||argans, himtmminem, sVores, hyphae, or myco\oxina, or their related products or perte, nor for any environmental hazards, bio-hazards, hazardous moheria|m, environmental api||a, contaminahon, or cleanup, nor the remediation thereof, nor the consequences to permons, propmrty, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. POA#: 4221776 SureTee Insurance Company LIMITED POWER OF ATTORNE Y Know All Alen by These Prevents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, arid having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Roger Montemayor its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments ,or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed One Million and 001100 Dollars ($1,000,000.00) and to bind the Company thereby as fill]), and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifyinR and confirming all that the said Attorney-in-Fact may do in the premises, Said appointment shall continue in force until 12/31/2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is Hereby vested with full power arid authority to appoint any one or more suitable persons as Attorney(s)-in-tract;to represent mid act for raid on of the Company subject to the following provisions: Attorney-in-Rczct may be given full power and authority for and in the name of arid ofbehall'of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts, agreements or indemnity and other conditional or obligatory undertald rigs and any arid all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any poNver of attorney or any certificate relating thereto 1)),facsirmle, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company vvith respect to any bond or undertaking to which it is attached. (Adopted at a ineeting held on 2V'qf'April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these preseriLs to be signed by its President,a] its corporate seal to be hereto affixed this 8", day of May A,D, 2017 SUR EC , SURAN C " �11 ZY' S By: W Lu Vs John Knox resid t State of Texas ss: County of Harris Oil this 8th day of Flay A.D. 2017 before me personally came John Knox It,,to me known, who,being by me( y sworn,did depose and say,that lie resides in Houston, Texas, that lie is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal;that it%vas so affixed by order of the, "'U HCA I I'Cnox sidl being by y/s,,onti",did Board of Directors of said Company;and that lie signed his name thereto by like order. JACQUELYN GREENLEAF Notary Public,State of Texas A( Comm.Expires 05-18-2021 JacqVelyn Greenleaf,Notary Public "14',1� Notary ID 126903029 My commission expires May 18,2021 1,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE CONIPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company, which is still in full force and effect;and furthermore,the resolutions of the Board of Directors, set out in the Power of Attorney are in fall force and effect. Given under my hand and the seal of said Company at ffouston,Texas this 5 th day of a y 017 A.D. a-v,WAssistant Sec M.Brent Beaty, Any instrument issued in excess of the penalty',stated above is totally void and without any validity. For verification of the authority of this power you maycall(713)81,12-0800 any business day between 8:00 am and 5:00 pm CST. 00 52 23 AGREEMENT This Agreement, for the Project awarded on Tuesday,July 18, 2017, is between the City of Corpus Christi (Owner) and Felder Water Well & Pump Service LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Corpus Christi Aquifer Storage and Recovery Feasibility Study Prosect No. E16265 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: HDR Engineering Inc. 4401 West Gate Blvd,Suite 400 Austin,TX 78745 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E.—Construction Management Engineer City of Corpus Christi- Engineering Services 4917 Holly Rd.,#5 Corpus Christi,Texas,78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 133 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 163 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Agreement 005223- 1 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$750 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$750 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 plus Additive Alternate#1 $ 950,740.00 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. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. Agreement 005223-2 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 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. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; Agreement 005223-3 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods,techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary 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. 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 SECTION 00 74 00-Special Agreement 005223-4 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 Conditions for the Texas Water Development Board 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. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 005223-5 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Digitally 9 tl by Rebecca Huerta D1 1111y s gnetl by Jeff Etlmontls DN: R b ca Huerta o ou DN C,IJ.ff Etlmontls o au 6gir�e 9 email=pffmye@ccte com, / emal b ah@ccle com c US c=US I% I«e� r Dah_2617 08 07 16 3613 6590 Date_2017 9864 162319 9590 Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services APPROVED AS TO LEGAL FORM: M2017-097 AUTHORIZED Aimee Alcorn-Reed BY COUNCIL 7/18/17 2017.08.04 14:23:18-05'00' RH/M L Datea12017.08 0ly signed 7y09:26:48-05'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Felder Water Well &Pump Service LLC (Seal Below) By: Dale Felder -0°eze=a° z2m°onoew�$ P ioeLLC, o Note: Attach copy of authorization to sign if Title: Vice President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief P.O. Box 1033 Financial Officer Address Angleton, Texas 77516-1033 City State Zip 979/849-5144 979-849-2517 Phone Fax Dale@Felderww.com Jonell@Felderww.com EMail END OF SECTION Agreement 005223-6 Corpus Christi Aquifer Storage and Recovery Feasibility Study(Project No. E16265) Rev 06-22-2016 DATE(MM/DD/YYYY) AC40R"® CERTIFICATE OF LIABILITY INSURANCE 7/31/2017 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Karen Bohot Arthur J. Gallagher Risk Management Services, Inc. PHONE 281-485-7500 FPX 281485-6933 261 8 Broadway St. E-MAIL A/C No Pearland TX 77581 ADDRESS:karen_bohot@ajg.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Texas Mutual Insurance Company 22945 INSURED FELDE-1 INSURERB:ASSOCIatlon Casualty Insurance Company 35629 Felder Water Well &Pump Service LLC INSURER C:Continental Casualty Co 2186 P.O. Box 1033 Angleton TX 77516 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:621899136 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY B X COMMERCIAL GENERAL LIABILITY CMPTX0009003889 6/1/2017 6/1/2018 EACH OCCURRENCE $1,000,000 IX OCCUR DAMAGES( RENTED CLAIMS-MADE PREMISES Ea occurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY -PRO ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 JECT OTHER: $ B AUTOMOBILE LIABILITY CAPTX0009002369 6/1/2017 6/1/2018 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLA LIAB X OCCUR CUPTX0000501511-04 6/1/2017 6/1/2018 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION TSF-0001145301 6/1/2017 6/1/2018 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 OF EXCLUDED? F N/A` (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Equip Floater CMPTX0009003889 6/1/2017 6/1/2018 C Cont Pollution 6050237501 7/27/2017 7/27/2018 $1,000,000 occ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: E 16255 Corpus Christi Aquifer Storage&Recovery Feasibility Study The general liability policy includes a blanket automatic additional insured and waiver of subrogation endorsement CG500 7-13 and primary& non contributory endorsement form#CG2001 04-113 and additional insured completed operations endorsement form#CG-335 04/12 that See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 9277 ACCORDANCE WITH THE POLICY PROVISIONS. Corpus Christi TX 78469-9277 AUTHORIZED REPRE ENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: FELDE-1 LOC#: ACC)R" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Arthur J. Gallagher Risk Management Services, Inc. Felder Water Well &Pump Service LLC P.O. Box 1033 POLICY NUMBER Angleton TX 77516 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The auto liability policy includes a blanket automatic additional insured endorsement form#CA0403 0604 that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The auto liability policy includes a blanket automatic waiver of subrogation endorsement form#CA04 44 0310 that provides this feature to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires it. Umbrella Policy-Per Coverage form C00001 Section II-Who is an Insured: 3)Any additional insured under any policy of"underlying insurance:will automatically be an insured under this insurance. The Umbrella policy includes a blanket automatic waiver of subrogation endorsement CU2282 that provides this feature to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires it. The workers'compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires it. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -- OTHER OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 0 Insurance Services Office, Inc.,2012 Page 1 of 1 _ CG-335 (7-13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 0[CAREFULLY. ADDITIONAL UNSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section KK—Who Is An Insured is amended to B. With respect to the insurance afforded to these include| dddiU l insuredan person or additional inouneds, the following is added to organization whom have agreedi riUng Section � Limits in contract or agreement that such Person If coverage provided to the additional insured is or organization beadded es an additional |n- required by a contract or agreement the most sured, but only with respect to liability for vvewill pay onbehalf ofthe additional insured |s "bodily injury" or "property damage" caused, the amount ufinsurance; «/whole"' "' part, "' "yourwork'for thea~ 1 ;�equinadbytheoontnactoregrmem�n�� or ad- ditional insured—and included in the ' ^produc�'unmp| operations hazand^. 2. Available under the applicable Limits of In- However: sunannmshown imthe Declarations 1. The insurance afforded tosuch edditiwhichever is less. ' insured only applies bzthe extent permit- This endorsement shall not increase theapplica- ted by law; and b|e Linndm of Insurance shown in the Dedorm- 2. If coverage provided tothe mdd|dtions. |n- ' sured is required bymcontract or agree- ment, the insurance affDrded to such addi- tional insured will not be broader than that which you are required by the ocmtnsct or agreement toprovide for such additional insured. (]8-335 (7-13) Includes oDpyrightedrnaUahalof|mgu[oMcg Page 1 of 1 ---- Services Office, Inc.with its permission POLICY NUMBER: CAPTX0009002369 CA-102 (6-112) THIS E8QDORSEMENTCHANOES THE POLICY. PLEASE READ UTCAREFULLY. ���U�U��0�����U U����0Y���U� �����xmm`�n���� an���n���� (BLANKET�~~�.�....~~ . . ~....—/ This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this andursement, the provisions,ofthe Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is in- dkzatadbe\owv. Endorsement Effective: Countersigned By: Named Insured: (Au horized Representative) (If no entry appears above, information required to complete this endorsement will be shown in the Dedara- tions asapplicable tothis endoneemenL) A. Who Is An |nmurcA (SECTION UU — LIABILITY C. You are authorized to act for the additional in- COVERAGE) is amended to include as an ''1n- surad in all rna1bermpmdairimg to this insurance. oured^under SECTION || A. 1. c. only, any r- D. The additional insured will retain any right ofre- son or entity with whom you have agreed in cnveryasoclaimant under this policy. writing in a contract or aAnaemant, prior to a |ooa, that such person or entity be added as an additional insured. B. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, doo|mned by um ahmU be paid toyou. CA402 (642) Includes copyrighted material otInsurance Page 1of1 Services Office,Imo..with its permission POLICY NUMBER: CAPTX0009002369 CA-101 (6-12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION - BLANKET FORM) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to any person or organization whom you have agreed in writing in a contract or agreement, but only to the extent that subrogation is waived prior to the"accident"or the "loss" under a contract with that person or organization. CA-101 (6-12) Includes copyrighted material of Insurance Page I of 1 0 Services Office, Inc., with its permission Texasmuta LIABILITY INSURANCE POLICY WC 42 03 04 B insurance Company TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3,A. of the |nfonnotion Page. We have the right to recover our payments from anyone liable for mn injury covered by this policy,\Newill not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to UmJUy injury arising out nfthe operations described inthe Schedule where you are required byawritten contract toobtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement isshown inthe Schedule. Schedule 1. ( ) SpocificWuiver Name ofperson ororganization ( X > Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organizatiDn(s) arising out of the operations described. 4. Advance Premium INCLUDED, GEE INFORMATION PAGE . This endorsement changes the policy to which it is attached effective on the inception date of the policy unless adifferent date|sindicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent mpreparation of the policy.) e��2o1am ��n�ar«nmvoxmvapaum Tm°endu�amom.e���ivawn � � � Policy No. Tnr-V0U114o3Vl 20150501 vfthe Texas Mutual |nnumnce Company |umuedto rsLDEn WATER WELL AND puMp SERVICE LLC Endorsement No. Premium$ A/tv-S 6 �� __- NCC| Carrier Code 28939 - — Au--ed Representative vmC420304B(Eo.6-01-2014) AGENT'S COPY QUS[R 5-21-2015 CG-500(7-1J) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |TCAREFULLY. GENERAL LIABILITY UTY PREMUER ENDORSEMENT This endorsement modifies insurance p,ovdodunder the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I—COVERAGES—COVERAGE ABODILY INJURY AND PROPERTY DAMAGE LIABILITY Paragraph (2) is replaced under 2. Exclusions, g. Aircraft, Auto Or Watercraft by the following: (2) Awatercraft you do not own that is: (a) 50feet orless; and (b) Not being used to carry persons or property for a charge; Paragraph (4) is replaced under 2. Exclusions,j, Damage To Property by the following: (4) Personal property in the uare, custody o/ control of the insured. However, oovunsAe for personal property in the nmre, custody or control of the insured will be covered up to $10'000 per "occurrence"su�octb/ e$l.D0Oparo(u|mdeduotib|e. The aggregate limit for this coverage is $20.000. The following paragraph is added to 2. Exclusions,j. Damage To Property: This exclusion does not apply to "property damage" arising out of water damage to premises that are both rented to and occupied by you� The most we will pay for water damage tmthe premises, however. is $25,000. This amount shall not be in addition to Damage To Premises Rented To You as described in Section III — Limits DfInsurance. The following is added to 2. Exclusions, n. R*na|| Of Products, Work Or Impaired Property: This exclusion does not apply to "product recall expenses" that you incur for the "covered rexaU^ of "your product". Hmmever. thofo|iowingoddiiiooa| oxo|usionmmpp|yto^produutreoaUexpvnse'': (1) Failure ofany products Uaaccomplish their intended purpose; (2) Breach ofwarranties uJfitness, quality, durability o/performance; (3) Loss ofcustomer approval, orany cost incurred 10regain customer approval; (4) Redistribution or replacement of"your product"which has been recalled by like products or substitutes; (5) Caprice^rwhim ofthe insured; (G) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (7) Asbestos, including |oaa, damage or clean-up resulting from eobuske orasbestos containing materials; (8) Recall of"your products" that have no known or suspected defect solely because a known or suspected defect in another of"your products" has been found; (Q) "Bodily�rjuq/or"property damagu^; (10) Any actual or alleged violation of any nopyhgh|, paten1, tneUo drons, trademark, trade name, trade secrets, orany other intellectual property righi |wvvs� or (11) "Product nacuU expenses" you incur for "your products" which are excluded from any other insurance written bythis company. The most we will pay for "product recall expense" arising ou1 of the anmu defect or deficiency is $25.000 per occurrence. CG-500(T'13) Page 1 of CG-500 (7-13) The last paragraph under 2. Exclusions isreplaced bythe following: With respect to the premises while rented to you or temporarily occupied by you with permission of the owner, Exclusions c, d, m, Q, h, ], k, L m., and n. do not apply tn "property damage". Aaopmroto limit of insurance applies to this coverage as described in Section III —Limits Of Insurance. SECTION |—SUPPLEMENTARY PAYMENTS—COVERAGES AAND B The following ierevised: 1.1b. Upto $2.5OOfor cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle towhich the Bodi|y Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or ^soit^, including actual loss of earnings up to $500 a day because of time off from work. SECTION U—WHO |8ANINSURED Paragraph 3. )mreplaced bythe following: 3. Any organization you newly acquire or form, other than a portnerahip, joint venture or limited liability oompeny, and qvervvh�ch you maintain ownership or majority inbareyt, will qualify as a Named Insured if there is no other similar insurance available iothat organization. However: o. Coverage under this provision is afforded only until the 180~ day after you acquire mrform the organization orthe end ofthe policy period, whichever iaearlier: b. Coverage A does not apply to "bodily injury" or "property damage" that uuounad before you acquired orformed the mrgenizo\ioo� and c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired n,formed the organization; d. ^Pruduot recall expense" dnoe rot apply to ''pmduu1 mueU expenses" arising out of any withdrawal urrecall that occurred before you acquired orformed any organization; and e. If you are engaged in the business of construction of dwellings three stories or |eaa in hoight, or other buildings three stories orless in height and less than 25.0O0square feet inarea, you will also be an insured with respect to "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you any or were a member. even if that partnership or joint venture is not shown as a Named Insured. But, this provision un|y applies if you maintain or maintained an interest of at least 50 percent in that partnership orjoint venture for the period ofthat relationship. This provision does not apply toany partnership or joint venture that has been dissolved or otherwise ceased to function for more than 38 months. This coverage extension will be axoeue over any other coveroga, on any beaia. available to the ineured, and will be subject to the Other Insurance provisions of this policy for Excess Insurance. The following paragraphs are added: 4. Any person or organization for whom you are performing operations when you and such person or � organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured on|y with respect to liability for "bodily injury", "property domaQe~ or "personal and advertising injury" caused, inwhole orinpart, by: a. Your acts nromissions; or b. The acts oromissions nfthose acting wnyour boha|t inthe performance ofyour ongoing operations for the additional insured. OG-500 (7-13) Page ao(8 CG-500(F13) However, the insurance afforded tosuch additional insured: a. Only applies tothe extent permitted by law; and b. VV8| not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement nnUa when your operations for that add tione| insured are completed. With respect to the insurance afforded to these additional inounada, the following additional exclusions apply: This insurance does not apply to: a. "Bodily inju0r. "property damage" or "personal and advertising injury' arising out cfthe rendering of, or the failure to mndo/, any professional orchhectu/a|, engineering or surveying services, including: (1) The pnepahng, approving, or failing to prepare or approve, nnmpa, shop dmwingo, upiniona, nsports, aumeys, field orders, change nndos or drawings and specifications; or (2) Supervisory, inspection, architectural orengineering activities, This mxduuion eop8os even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the -moournenma^ whioh caused the "bodily injury" or "property domege^. or the offense which caused the "personal and advertising injury^, involved the rendering o/urthe failure to render any professional erohikac\uno|, engineering or surveying aomiooa. b. "Bodily injury"or"property damage" occurring after: (1) All work, including matahe|x, parts orequipment furnished in connection with such wonk, on the project (other than semiue, maintenance or repairs) to be performed by or on behalf ofthe additional insured(s) at the location of the covered operations has been completed; o/ (2) That portion of "your work" out of which the injury or damage mrioou has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in pefonning operations form principal as a part of the oomo project, With respect tothe insurance afforded to these additional insureds the following is added to Section U| —Limibs of Insurance: The most we will pay on behalf ofthe additional insured is the amount of insurance; o. Required bythe contract or agreement you have entered into with the additional insured-, or b. Available under the applicable Limits of Insurance shown in the Declarations,- whichever is less. ec|amtione�whichavnria |eos. This endorsement shall not increase the applicable Limits ofInsurance show inthe Declarations. 5. Any person(s) or organization(s) (nafonad to below as vendor) but only with respect to "bodily irjury" or ''property damage" arising out of "you/ prodocta" which are distributed or sold in the regular course of the vendor's business. However a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor in required by o contract by m contract or agreement, the insurance afforded to such vendorvviR not be broader than that which you aro required by the contract o/agreement toprovide for such vendor. CG-500 (7'13) Page 3v[V CG-5O0(r13) With respect to the insurance afforded to these additional innuneda, the following additional exclusions apply: m. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason ofthe assumption ofliability inacontract nragreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or nQreement� (2) Any express warranty unauthorized byyou� (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repmokog|ng, except when unpacked solely for the purpose of inspection, demonstration, |unJing. or the substitution of ports undo/ instructions from the manufocturer, and then repackaged inthe original ron|ainer� (S) Any failure to make such inopeoL|onu, adjuetmonto, tests or servicing an the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution nrsale rdthe products: (8) DemonoiraUmn, installation, servicing or repair operations, except such operations performed atthe vendor's premises inconnection with the sale nfthe product; (7) Products which, after distribution ursale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing Or Substance by or for the vendor; or (0) "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omiss�omo or those of its employees or anyone e|ea acting on its behalf. Howevar, this exclusion does not apply to: (a) The exoectionacontained |nSub-paragraphs (4) or(0); or (b) Such inspections, mdjue1menia, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of buminoaa, in connection with the d|niribudonorsale nfthe products. b. This insurance does not apply to any insured person or or0anizadon, from whom you have acquired such pmduoto, or any ing*edient, part or container, entering into, accompanying or containing such products. With respect tnthe insurance afforded to these additional insureds the following is added to Section U| — Limitoof|naurenow The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insurecl� or h. Available under the applicable Limits of Insurance shown in the Declarations; whichever ialess. This endorsement ohe| not increase the applicable Limits of Insurance show in the Declarations. '-6. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or — organization(s) have agreed in writing in a contract uragreement that such person(s) ormrAmniza1ion(a) be added as an additional insured on your policy. Such peraon(s) ornrganizahoo(o) is an insured only with respect to kabi|ityfor"bodily injury", "property damage" or "personal and advertising injury" oaumad, in whole or in port by your maintenanm*, operation or use of equipment leased to you by such person(s) nrnrAaoization(a). However,the insurance afforded iusuch additional insured: a. Only applies kzthe extent permitted by |nw� and b. Will not be broader than that which you are required by the uuntu*ut or agreement to provide for such additional insured. CG-50O(7'13) Page 4oy8 CG-500( -15) A parson's or organization's status as an additional insured under this endorsement ends when their contract oragreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any ''0000rronco^which takes place after the equipment lease expires. With respect tothe insurance afforded to these additional insureds the following is added to Section U| —Limitsofinaurmnoe The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Avallable under the applicabfe Limits of Insurance shown in the Declarations; whichever ioless. This endorsement shal| not increase the applicable Limits of Insurance show in the Declarations. 7. Any person(s) or organization(s) but only with respect to liability arising out of the ownermhip, maintenance or use of that part of the premises |aoead to you and subject to the following additional exclusions: This insurance does net apply to: o. Any "occurrence"which takes place after you cease to be a tenant in that premises. b. Structural a|tenstione, now construction or demolition operations performed by or on behalf ofany person or organization. However: 1. The insurance afforded to such additional �nsurecl only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by e contract or wgnaamen1, the insurance afforded to such additional insured will not be broader than that which you are required bythe contract mragreement toprovide for such additional insured, With respect to the insurance afforded to these additional insureds the following is added to Section U| — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance; o. Required by the contract or agreement you have entered into with the additional insured: or b. Available under the applicable Limits of Insurance shown in the Declarations-, whichever is less. This endorsement shall not increase the upp|ivob|o Limits nfInsurance show in the Declarations. SECTION U[—uxonS OF INSURANCE The following paragraphs are replaced bythe following: 3. The Productu-Comp|eted Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "prod uotn':omp|*ted operations hazard"and "product recall oxpenee" G. Subject to5. above, the Damage To Premises Rented To You Limit of $30O.000 is the most we will pay under Coverage Afor damages because of "property damage" |uany one premises while rented to you nrtemporarily occupied byyou with permission nfthe owner, 7. Subject to 5. above, the most wmwill pay under Coverage C for all medical expenses because of "bodily injury" sustained byany one person im $1O.00O. CG-500(7-13) Page 5of8 CG-500(7-13) Coverage is amended huinclude the following: /�] Designated Location ��enerm|Aggregate Limit ~-' For all sums which the insured U000mon |ogoUy obligated to pay as damages caused by ^oocuoaoceo^ under Coverage (SECTION |), and for all rondioa| expenses caused by accidents under Coverage C (SECTION |), which can beattributed only tooperations atasingle designated ''|ooahmn^: a. Asepam10 Designated Location General Aggregate Limit applies to each designated "|oomUon', and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. This Designated Location General Aggregate Limit will apP|y, howevur, only when m written contract exists requiring the General Aggregate Limit\oapply per''|ocntinn" b. The Designated Location General Aggregate Limit in the most we will pay for the num of all damages under Coverage A. except damages because of "bodily injury^ or "property damage" included in the ''produota-comp|e1od operations hozxrd'', and for medical expenses under Coverage C pegmnd|oas of the number of: (1) |neuredu� (2) Claims made mr^yubn^ bmught� or (3) Pers/ns oror onizetmno making dahna or bringing "swdo^ o. Any payments made under Coverage Afor damages or under Coverage C for medical expenses mheU nsduoa the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location". d. The limits shown in the Declarations for Each Oocurranou, Finn Damage and 0od|oa| Expense continue to apply. Howover, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. For aft sums which the insured becomes legally obligated to pay omdamages caused by "Occurrences" under Coverage (SECTION |), and for all medical expenses caused by accidents under Coverage C (SECTION |), whiohclnnotbeaVribu1edon|yLooperudonoatoming|pdnniQnated ''|ocaMnn'': m. Any payments made under Coverage Afor damages nrunder Coverage Cfor medical expenses shall naduoo the amount available under the General Aggregate Limit or the Producto-Comp|atod Operations Aggregate Limit, whichever\aeppUcab|a� and b. Such payments shall not reduce any Designated Location General Aggregate Limit. When coverage for liability arising out of the "prod ucts-comp|eAad operations hazard" is provided, any payments for damages hecaxse of "bodily injury" or "property damage" included in the ^prpducts-comp|eted operations hazard" will reduce the Products-Completed Operations Aggregate Limi1, and not the General Aggregate Limit nor the Designated Location General Aggregate Limit. For the purposes of Designated Location Banansl Aggregate Limit, the Definitions Section is amended by the addition ofthe following definition: "Location" means pnamiwao involving the same or connecting lots, or premises whose connection is interrupted only be a street, roadway, waterway or right-of-way of a railroad. The provisions of Limits Of Insurance not otherwise modified shall continue to apply as stipulated. � Designated Construction Project General Aggregate Limit For all sums which the insured becomes legally obligated 10 pay aedamages caused by "occurrences" under Coverage (SECTION |), and for all medical expenses caused by accidents under Coverage C (SECTION |), which can be attributed only to ongolng operations at a single designated construction project: a. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. This Designated Construction Project General Aggregate Limit will app|y, howover, only when a written contract exists requiring the General Aggregate Limit to apply per designated construction project. CG'500(7'13) Page 0ur6 CG-500(7-13) b. The Designated Construction Project General Aggregate Lhnh is the most we will pay for the sum of all damages under Coverage A. except Umme0en because of"bodily injury" or "property damage" included in the "prod uoio-oomp|*todoperations hazard", and for medical expenses under Coverage C regardless of the number of: (1) Insureds-, (2) Claims made or^aubu^ brought; or (3) Persons urorganizations mmkingc|aime *rbhnging ^uuits~ u. Any payments mode under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments ohmU not naUuoe the General Aggregate Limit shown in the Ooo|nrmdona nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project. d. The limits shown in the Declarations for Each Occurmnoe, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Oao|aradono. such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. For all sums which the insured becomes legally obligated to pay as damages caused by ^nocurn*noeo" under Coverage (SECTION |), and for all medical expenses caused by accidents under Coverage C (SECTION !), which cannot be attributed only to ongoing operations at a single designated construction project: w. Any payments made undur Coverage A for darouAeo or under Coverage C for medical expenses ahmU reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever ieappUuab|e� and b. Such payments shall not reduce any Designated Construction Project General Aggregate Limit, When coverage /or liability arising out of the "prod ucia-comp|ot d operations hazard" is pmvideU, any payments for damages because of "bodily injury" or "property domaQo" included in the "prod ucte-comP|eied operations hazmrd" will reduce the Pruductm-Comp|eted Operations Aggregate Limit, and not the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been mbmndoned, da|ayed, or abandoned and then reotarted, or if the authorized contracting parties deviate from p|ano, b|uePhn1s, deaigns, specifications or timetables, the project will stfIf be deemed to be the same construction project. The provisions of Limits Of Insurance not otherwise modified shall continue to apply as stipulated. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: You must see to itthat the following are done in the event ofan actual or anticipated ~uuvenad necaU^that may result in "product recall axpenoen'': (1) Give oe prompt nubuo of any discovery or notification that "your product" must be withdrawn or recalled. Include odescription of"your product"and the reason for the withdrawal orreuaU� (2) Cease any further m|eaae, mhipmont, consignment or any other method of distribution of like or similar products until it has been determined that aU such products are free from defects that could be a cause of loss under this insurance; (3) As often as may be reasonably mquired, permit us to inspect "your product" and examine your books and records to prove the loss. Also permit us W take damaged and undamaged samples of"your product" for inspection, testing, and analysis, ard let us make copies of your books and records. (4) Send us a uignad, sworn, proof of |ouu containing the information we mquou1od to settle the claim. You must do this within 60 days after our request, We will supply you with the necessary forms; and (5) Permit um to examine under oath, away from the presence of other insumda, at such bm*a as may reasonably be mquimU, about any matter, relating to this insurance mryour claim, including any insumd'u books and records in the event of an examination, An insured's answers must be signed, CG-500<7-13> Page 7vf8 CG-500(7-13) (6) Cooperate with usinthe investigation orsettlement ofthe claim. Coverage |mamended toinclude the fo|low|ng: Unintentional Failure to Disclose All Hazards Based on our mhanoo on your representations as to existing hazando, if you unintentionally should fail to disclose all such hazards at the inception dote of your po|iuy, we will no/ deny coverage under this Coverage Part because of such failure. Hommver, this provision does not affao1 our right to collect additional premium or exercise our right ofcancellation urnon-nenewai Liberalization If we revise this Coverage Part to provide more coverage without additional premium ohanJe, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 0 Transfer ufRights ofRecovery Against Others to Us We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out ofyour ongoing operations or "your work" done under contract with that person or organization and included in the "prod uots-uomp|eted operations hazard" This *oivar, however, applies only when required to waive such right mfrecovery by written contract with that person or organization. Knowledge Of Occurrence, C|eim, Suit Or Loss The requirements for reporting and sending claim or"suit" information to ua, including provisions related to the subsequent investigation of such claims or"suits," do not apply until after the "occurrence" or offense is known to: (1) You, ifyou are anindixidua|� (2) A partner, if you are e partnership; (3) An "executive officer" or insurance manager, if you are m corporation; (4) Your m*mhem, managers or insurance mmnuge/, if you are a limited liability company; or (5) Your elected or appointed officia|s, tmotmeo, board membarm, oryour insurance manager ifyou are an organization other than a partnership,joint venture, or limited liability company. SECTION V— DEFINITIONS The following are added k/SECTION V— DERMDlQNS.- "Covered renm|l'' means a recall made necessary because you or government body has determined that known or suspected defec\, deDoienoy, inaduquuoy, or dangerous condition in "your product" has resulted or will result in "bodily injury"or"property damage" "Product recall expense" means necessary and reasonable expenses for: a. Communioahona, including radio or television announcements or printed advertisements including ataUo*ury, envelopes and poa1age� b. Shipping the recalled products from any pumhmaer, distributor oruser to the place or p|ocun designated by you: c Remuneration paid toyour regular^emp|oyooa`for necessary overtime; d. Hiring additional persons other than your regular^emp|oyces^; o. Expenses incurred by"employees" including transportation and accommodations-, f. Expense 10rent additional warehouse orstorage space: g. Disposal of "your pmUuct', but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as e result of such disposal; you incur exclusively for the purpose of recalling "your product"; and h. Transportation expenses incurred to replace ecuUud products, CG-500(7-13) Page 8n|0 POLICY NUMBER: COMMERCIAL LIABILITY UMBRELLA CU 22 82 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, TEXAS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person Or Organization: BLANKET-ANY PERSON OR ORGANIZATION TO WHOM YOU ARE REQUIRED BY 1N`R_ITTEN CONTRACT OR AGREEMENT TO WAIVE RIGHTS OF RECOVERY IF THE CONTRACT OR AGREENIFNT IS EXECUTED PRIOR TO LOSS. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV — Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for"bodily injury" or "property damage"arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above_ CU22 82 06 04 Copyright, ISO Properties, Inc., 2003 Page 1 of I UNIFORM COMMERCIAL LIABILITY UMBRELLA CU 00 01 0413 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. No other obligation or liability to pay sums Read the entire policy carefully to determine rights, or perform acts or services is covered un- duties and what hmand ianot covered. less explicitly provided for under Sup- Throughout this policy the words '\«ou°and ''your' p|ernentary Paymemts — Cmveneges A and refer tothe Named Insured shown in the Dec|amy- B. tions' and any other person or organization qua|- b. This insurance applies bo "bodily injury" or �yin0 as a Named Insured under this policy. The "property damage" that is subject to an words "we", °us', and "ou/' refer bothe company applicable "retained Ummit~ if any other providing this insurance. |irnit, such as a sub|imnit, is specified in the The word "insured" means any person or or- "underlying insunynce", this insurance does ganizabmn qualifying as such under Section || _ not apply to "bodily injury" or "property Who |aAnInsured, damage" arising out of that exposure un- less that limit is specified in the Dec- Other words and phrases that appear in quotation |amahoms under the Schedule of"underlying marks have special meaning. Refer to Section V insurance". —Definitkzns. SECTION|_COVERAGES c. This insurance applies to "bodily injury~ and "property damage" only if: COVERAGE A— BOD|LY |NJQRYAND PROPERTY �b��|�|�� (1) The "bodily injury" or "property dam- DAMAGEage^ is caused byan"occurnen*e" that 1. Insuring Agreement takes place inthe "coverage bavrihory"; a. We will pay on behalf of the insured the (2) The "bodily | or °pnmpmdy dam- .,ultimate net loss" in excess of the ~ms- age" occurs during the, policy period; tained limit" because of "bodily injury" or and "pnm'�'` damage" bo vhi�h this insurance u(� Prior to the |i period, no insured applies. We will ~'~v^~, Section have the right and duty to ^ ' listed under h � ` of ��� �againstdefend the insured against any "suit"' UU — Who Is ' Insured and no seeking damages for such °bmdih'h�u or " employee" �' to give property damage" when the "underlying � authorized -' you — or receive notice of an "occurrence" or insurance" does not provide coverage or claim, kneuvthat the "bodily injury' or the |irniba of "underlying insurance" have ° been exhausted, When "property ��rn��m'` had occurred, in ' whole orinpert |fsuch alisted insured vv defend, evvi|| have the right todefend, or or authorized "employee" knew, prior to participate in the defense of the ~��~ ' ^ to the policy x � period, that'the `bo d i |yagainst any other "suit" seeking damages injury" �r °'no rtdamage" occurred occurred,which this insurance may app�. How- then any --n '---in' change or re ever, we will have no duty to defend the sunpbom of --- "bdi " inju0/, orinsured against any "ewit° seeking damages "property dam—ge" dun= mr after the for"bodily injury" or"property damage" bo policy period will be deemed to have which this insurance does not apply.Adour been known prior to the period.may investigate any '000wr- nenoo" that may involve this insurance and d' "Bodily injury"or "property damage"whih settle any naou|bsnt o|ainn or "suit" for occurs during the policy period and vvee which vvehave the duty hudefend. But: not, prior to the policy period, known to have occurred by any insured listed under (i) The amount we *v||| pay ��r the Paragraph I-a. of Section U — \&ho Is An ~ultimate net loss" is limited as de ---- scribed in Section |U — Limits (]- Insured or any "employee" authorized by ' you togive orreceive notice ofan "mccup "occur- Insurance; " ' namo� or claim, includes any continuation, (2) Our right and duty to defend ends change or resumption of that "bodily in- when we have used up the applicable jury"or "property damage"after the end of limit of insurance in the payment of the policy period. judgments orsettlements under Cover- ages AorB. CU 00 01 04 13 Insurance Services Office, Inc., 2012 Page 1 of 18 Wolters Kluwer Financial Services| Uniform Fonnmnw e. "Bodily injury" or "property damage" will (a) Liability to such party for, or for the be deemed to have been known to have cost of, that party's defense has occurred at the earliest time when any also been assumed in the same"in- insured listed under Paragraph 1.a. of sured contract''; and Section 11 — Who Is An Insured or any "'employee"' authorized by you to give or (b) Such attorneys' fees and litigation receive notice of an "occurrence" or claim: expenses are for defense of that party against a civil or alternative (1) Reports all, or any part, of the "bodily dispute resolution proceeding in injury" or "property damage" to us or which damages to which this insur- any other insurer; ance applies are alleged. (2) Receives a written or verbal demand or c. Liquor Liability claim for damages because of the "bod- "Bodily injury" or "property damage" for ily injury" or"property damage"; or which any insured may be held liable by (3) Becomes aware by any other means reason of: that "bodily injury" or "property dam- (1) Causing or contributing to the intoxi- age" has occurred or has begun to cation of any person,- occur. f. Damages because of"bodily injury" include (2) The furnishing of alcoholic beverages to damages claimed by any person or or- a person under the legal drinking age or ganization for care, loss of services or under the influence of alcohol; or death resulting at any time from the"bodily (3) Any statute, ordinance or regulation re- injury". lating to the sale, gift, distribution or 2. Exclusions use of alcoholic beverages. This insurance does not apply to: This exclusion applies even if the claims against any insured allege negligence or a. Expected Or Intended Injury other wrongdoing in: "Bodily injury" or "property damage" ex- (a) The supervision, hiring, employ- pected or intended from the standpoint of ment, training or monitoring of the insured. This exclusion does not apply others by that insured; or to "bodily injury" resulting from the use of (b) Providing or failing to provide trans- reasonable force to protect persons or portation with respect to any per- property. son that may be under the influence b. Contractual Liability of alcohol; "Bodily injury" or "property damage" for if the "occurrence" which caused the which the insured is obligated to pay dam- "bodily injury" or "property damage" in- ages by reason of the assumption of volved that which is described in Paragraph liability in a contract or agreement.This ex- (1), (2)or(3) above. clusion does not apply to liability for dam- However, this exclusion applies only if you ages: are in the business of manufacturing, (1) That the insured would have in the distributing, selling, serving or furnishing absence of the contract or agreement; alcoholic beverages. For the purposes of or this exclusion, permitting a person to bring (2) Assumed in a contract or agreement alcoholic beverages on your premises, for that is an "insured contract", provided consumption on your premises, whether or the "bodily injury" or "property dam- not a fee is charged or a license is required age" occurs subsequent to the execu- for such activity, is not by itself considered tion of the contract or agreement. the business of selling, serving or fur- Solely for the purposes of liability nishing alcoholic beverages. assumed in an "insured contract", This exclusion does not apply to the extent reasonable attorneys' fees and neces- that valid "underlying insurance" for the sary litigation expenses incurred by or liquor liability risks described above exists for a party other than an insured are or would have existed but for the ex- deemed to be damages because of haustion of underlying limits for "bodily "bodily injury" or "property damage", injury" and "property damage". To the provided: extent this exclusion does not apply, the Page 2 of 18 Oc Insurance Services Office, Inc., 2012 CU 00 01 04 13 insurance provided under this Coverage work performed principally in connection Part for the liquor liability risks described with a residence premises. above will follow the same provisions, This exclusion does not apply to the extent exclusions and limitations that are that valid "underlying insurance" for the contained in the applicable "underlying in- employer's liability risks described above surance , unless otherwise directed by this exists or would have existed but for the insurance. exhaustion of underlying limits for "bodily d. Workers'Compensation And Similar Laws injury". To the extent this exclusion does Any obligation of the insured under a not apply, the insurance provided under workers' compensation, disability benefits this Coverage Part for the employer's or unemployment compensation law or any liability risks described above will follow similar law, the same provisions, exclusions and lim- itations that are contained in the applicable "underlying insurance", unless otherwise Any obligation of the insured under the Em- directed by this insurance. ployee Retirement Income Security Act of h, Employment-related Practices 1974 (ERISA), and any amendments there- to or any similar federal, state or local "Bodily injury"to: statute. (1) A person arising out of any; f. Auto Coverages (a) Refusal to employ that person; (1) "Bodily injury" or "property damage" (b) Termination of that person's em- arising out of the ownership, main- ployment; or tenance or use of any "auto" which is nota '"covered auto"; or (c} Employment-related practices, poli- cies, acts or omissions, such as (2) Any loss, cost or expense payable coercion, demotion, evaluation, under or resulting from any first-party reassignment, discipline, defama- physical damage coverage; no-fault tion, harassment, humiliation, dis- law; personal injury protection or auto crimination or malicious prosecution medical payments coverage; or unin- directed at that person;or sured or underinsured motorist law. (2) The spouse, child, parent, brother or g. Employer's Liability sister of that person as a consequence "Bodily injury" to: of "bodily injury" to that person at (1) An "employee" of the insured arising whom any of the employment-related out of and in the course of: practices described in Paragraph (a), (b), or(c)above is directed. (a) Employment by the insured; or This exclusion applies whether the injury_ (b) Performing duties related to the causing event described in Paragraph (a), conduct of the insured's business; (b) or(c) above occurs before employment, or during employment or after employment of (2) The spouse, child, parent, brother or that person. sister of that "employee" as a con- This exclusion applies whether the insured sequence of Paragraph (1) above, may be liable as an employer or in any This exclusion applies whether the insured other capacity, and to any obligation to may be liable as an employer or in any share damages with or repay someone else other capacity, and to any obligation to who must pay damages because of the share damages with or repay someone else injury. who must pay damages because of the i, Pollution injury. (1) "Bodily injury" or "property damage" This exclusion does not apply to liability which would not have occurred in assumed by the insured under an "insured whole or part but for the actual, alleged contract". or threatened discharge, dispersal, see- With respect to injury arising out of a page, migration, release or escape of "covered auto"', this exclusion does not "pollutants" at any time; or apply to "bodily injury" to domestic "em- (2) "Pollution cost or expense". ployees" not entitled to workers" com- This exclusion does not apply if valid pensation benefits. For the purposes of this underlying insurance for the pollution insurance, a domestic"employee" is a per- liability risks described above exists or son engaged in household or domestic CU 00 01 04 13 @ Insurance Services Office, inc., 2012 Page 3 of 18 would have �x�hadbut for the exhaus� � exhaustion �c ��og Activities ofunderlying limits for °bmdi| injury" and " "Bodily injury"- "property p °'=''v damage", 'u x/� ��uanrnmxs ex- cdummm does not op�|y. the insurance arising out of the use of "mobile equip- ProvWed under this Coverage Part for the rnmnt~ �r "autos" in, or while in practice pollution risks described above vvi|| follow prearranged or while being prepared ��r' any the same provisions, exclusions and |inm_ prearranged Pro#a��ionm| or organized hmhon� th�tare �on `��dinth� �pp|iom�|e racing' sPeed, demolition, or stunting ac- . c- "undmrh/in� inoumam--'. mn|��a otherwise �«dyorcontest. directed by this insurance. i. War j. Aircraft OrWatercraft "Bodily injury" "property damage", how- "Bodily injury" or "property damage" ever cmuoed, ahoinA, directly or indirectly, � ahsinAout mfthe mv*nenmhip. maintenance, out of' use orentrustment tmothers ofany aircraft (1) War, including undeclared orcivil war; or watercraft owned or mpenmbsd by or (2) Warlike action by a military forcein- rented or loaned to any inaured. Use in- dudingaobon in hindering nrdefending o|udea operation and "loading or un- against an actual or expected attack, loading". byany govemment` sovereign orother This exclusion applies even if the claims authority using military personnel or against any insured allege negligence or other agents; or other wrongdoing in the supervision, hiring' (3) Insurrection, rebm|||on, revolution, employment, training or monitoring of ' usurped power, ` ��or v` othmna by that insured. if the "occurrence" ennmentm| authority in hindering� or which caused the "bodily injury" mr "pmop- defending against any ofthese. erty damage" involved the owmanahip mainbaoance, use arenhuebnemttmothers ~ nm~ ��mn��m�m��mp��y of any aircraft or watercraft that is owned "Property damage" to: or operated by or rented or loaned to any (1) Property: insured. Thhamxdumimndoe� n��op�dybo�� (a) You ovvm' nent or occupy, including any costs orexpenses incurred by (1) A watercraft while ashore on premises you, orany other person, orAamizo- ymumwn or rent; tion or entity, for repair,!aoex��mne- re (2) Avvabencnaftyou dmnot ovvnthat is: placement, enhancement, restora- tion - don or maintenance ofsuch prop- (a) Less than 50feet long; and erty for any neaoon, including pre- (b) Not being used tocarry persons or vendon of injury to m person or property for acharge; damage hoanother's property; or (3) Liability assumed under any "insured (b) Owned or transported by the in- contract" for the uxvneoahip, mainben- munadand arising out of theovvner- amce or use of aircraft or watercraft; ship, maintenance or use of a(4) The extent that valid "underlying "covered audo"' insurance"for the aircraft mrwatercraft (2) Premises you me||, give away or aban- |iabilityrisks described above exists mr don, if the "property damage" arises would have existed but for the ex- out ofany part ofthose premises; hamsdonofunderlying limits for"bodily (3) Property loaned hoyou; injury" or "property damage". To the extent this exclusion does not apply, (4) peoamna| property in the care, custody - or control of insured; the insurance provided under this Cov- erage ' enmgePart for the aircraft mrvvmbmroo^ft (5) That particular part mfreal property on risks described above will fm||ovv the which you or any contractors or sub- same provisions, exclusions and |inmihe- contractors working directly or in- tions that are contained in the directly omyour behalf are performing "underlying insurance", unless other- operations, if the "property damage" wise directed bythis insurance; mr arises out mfthose operations; mr (5) Aircraft that is: (6) That particular part mfany property h (a) Chartered by, loaned to, or hired by must be restored, repaired or replaced you with a paid crew; and because "your work" was incorrectly /[A Not owned byany insured. performed omit. Page 4mfi8 C Insurance Services Office, Inc., 2012 CU 00 01 04 13 Pa exclusion does not if such product, work, property is with- apply if the premises are "your work" and drawn or recalled from the market mv from were never ocnmpied, rented or held for use by ' '- neonor �rganizatimn beoewsenanta! byymu. of a known or suspected defect, defi- Panographe (1)(b)^ (3), (4)^ K5) and (6\ �f cienoy, inadequacy or dangerous condition this exclusion gm out apply' ' to liability in it. assumed under asidetrack agreement. r. Personal And Advertising Injury Paragraphs (3) and (4) of this exclusion du "Bodily injury" arising out of "personal and not apply to liability assumed under writ- advertising injury". ten Trailer Interchange agreement, s. Professional Services Paragraph (6) of this exclusion does not .. apply t "propertyincluded inthe "Bodily i � damage" due "prod uots+:onmp|e*ydoperations hazand". to rendering of or failure to render any professional aen/k:e This includes but is n. Damage TmYour Product not limited to: "Property damage" to "your product" (1) Le0a|, accounting or advertising ser- arising out mfitorany part ofit. vices' o ��mm�Q������u��6,mk ' . (�) �neparing, approving, or failing to "Property damage" to "your wxork~' arising prepare or approve, maps, shop out of it or any part nfhand included in dravvhngs, opinions, reports, surveys, the "products-completed operations haz- field orders, change orders ordrawings anj-. or specifications; This exclusion does, not apply if the dam- (3) Inspection, supervision, quality control, aged work or the work out of which the architectural or engineering activities damage arises was performed on your done by or for you on a project on behalf bym subcontractor. which you serve as construction man- p. Damage To Impaired Property Or Property ager; Not Physically Injured (4) Engineering services, including n*[ab*d "Property damage" to "iumpainadsuPervisoryorinspeobon services; or property that has not been physically (5) Medical, surgical, dental, X-ray or injured,arising out of: nursing services treatment, advice or (1) A defect,. deficiency, inadequacy or instruction; dangerous condition in "your product" (6) Any health mrtherapeutic service treat- or"your vvork"; mr nment, advice mrinstruction; (2) /\ delay or failure by you or anyone (7) Any sen/ioe, treetnnent, advice or in- acting onyour behalf toperform a con- sLrucLionfor the purpose of appearance tract or agreement in accordance with or skin enhancement, hair mamovml or its terms. replacement, or personal grooming or This exclusion does not apply tothe loss of therapy; use ofother property ariein�mutofsudden (8) Any service, treatment, advice or in- and accidental physical injury to ~your otruction relating to physical fitness, product" #r "your work" after it has been including service, tneatrnant, mdv|ma or put toits intended use. instruction in connection with diet, q' Recall Of Products, Vy�r� ��� Impaired cardiovascular fitness, bodybuilding �r Property " phy���| ��ining �roQnmme� Damages claimed for any |usa~' cost or (9) Optometry or optical or hearing aid expense incurred by you or others for the services including the prescribing, pre- {msm of use, withdrawal, recall, inspection' Panabon, fitthng, demonstration or dis- repair, nep-| uanen(' adjustment, removal bibuUonmfophthalmic lenses and sin- dispoma| : i|arproducts mrhearing aid devices; (1) "Your product"; (10) Body piercing mmrviuos' " ) "Your work"; or (11) Services in the practice mfpharmacy; /�) "|mp�|eadpnup��y"'' (12) Lmvv enforcement or firefighting ser- vices;v,oes; and (13) Handling, embalming, disposal, bur- (4) Any federal, state or local statute, or- ial, cremation or disinterment of dead dinance or regulation, other than the bodies. TCPA, CAPD-SPAM Act of 2€703 or This exclusion applies even if the claims FCRA and their amendments and against any insured allege negligence or additions, that addresses, prohibits, or other wrongdoing in the supervision, hiring, limits the printing, dissemination, dis- employment, training or monitoring of posal, collecting, recording, sending, others by that insured, if the "occurrence" transmitting, communicating or dis- which caused the "bodily injury" or "prop- tribution of material or information. erty damage", involved the rendering of or COVERAGE B — PERSONAL AND ADVERTISING failure to render any professional service. INJURY LIABILITY t. Electronic Data 1. insuring Agreement Damages arising out of the loss of, loss of a. We will pay on behalf of the insured the use of, damage to, corruption of, inability .`ultimate net loss" in excess of the to access or inability to manipulate elec- "retained limit" because of "personal and tronic data. advertising injury" to which this insurance However, this exclusion does not apply to applies. We will have the right and duty to liability for damages because of "bodily defend the insured against any "suit," injury". seeking damages for such "personal and As used in this exclusion, electronic data advertising injury"when the "underlying in- means information, facts or programs surance "does not provide coverage or the stored as or on, created or used on, or limits of underlying insurance" have been transmitted to or from computer software, exhausted. When we have no duty to including systems and applications soft- defend,we will have the right to defend, or ware, hard or floppy to participate in the defense of, the insured ppy disks, CD-ROMs against any other "suit" seeking damages tapes, drives, cells, data processing to which this insurance ma a I d y How- devices or any other media which are used y with electronically controlled equipment. ever, we will have no duty to defend the insured against any "suit" seeking damages This exclusion does not apply if valid for "personal and advertising injury" to "underlying insurance for the electronic which this insurance does not apply.At our data risks described above exists or would discretion, we may investigate any offense have existed but for the exhaustion of that may involve this insurance and settle underlying limits for "bodily injury" and any resultant claim or "Suit" for which we "property damage". The insurance provided have the duty to defend. But. under this Coverage Part will follow the (1) The amount we will pay for the same provisions, exclusions and limitations "ultimate net loss" is limited as de- that are contained in the applicable "under- scribed in Section III -- Limits Of lying insurance", unless otherwise directed Insurance; and by this insurance. u. Recording And DistriDistribution Of Material Or (2) Our right and duty to defend end when Information In Violation Of Law we have used up the applicable limit of insurance in the payment of judgments "Bodily injury," or "property damage" or settlements under Coverages A or B. arising directly or indirectly out of any ac- No other obligation or liability to pay sums tion or omission that violates or is alleged or perform acts or services is covered un- to violate. less explicitly p y provided for under Supple- (1) The Telephone Consumer Protection mentary Payments—Coverages A and B. Act (TCPA), including any amendment b. This insurance applies to "personal personal and of or addition to such law; advertising injury that is subject to an (2) The CAPD-SPAM Act of 2003, including applicable "retained limit". if any other any amendment of or addition to such limit, such as a sublimit, is specified in the law "underlying insurance", this insurance does (3) The Fair Credit Reporting Act (FCRA) not apply to "personal and advertising and any amendment of or addition to injury" arising out of that exposure unless such law, including the Fair and Ac- that limit is specified in the Declarations curate Credit Transactions Act under the Schedule of "underlying in- (FACTA); or surance". Page 6 of 18 @ insurance Services Office, Inc., 2012 CUI 00 01 04 1 c. This insurance applies to "personal and (8) Wrong Description Of Prices advertising injury" caused by an offense Arising out of the wrong description of arising out of your business but only if the the price of goods, products or services offense was committed in the "coverage stated in your"advertisement". territory" during the policy period. (9) Infringement Of Co 2. Exclusions pyright, Patent, Trademark Or Trade Secret This insurance does not apply to: Arising out of the infringement of a. "Personal and advertising injury": copyright, patent, trademark, trade (1) Knowing Violation Of Rights Of secret or other intellectual property Another rights. Under this exclusion, such other intellectual property rights do not in- Caused by or at the direction of the clude the use of another's advertising insured with the knowledge that the act idea in your"advertisement". would violate the rights of another and However, this exclusion does not apply would inflict "personal and advertising injury". to infringement, in your "advertise- ment", of copyright, trade dress or (2) Material Published With Knowledge Of Slogan. Falsity (IO) Insureds In Media And Internet Type Arising out of oral or written pub- Businesses lication, in any manner, of material, if done by or at the direction of the in- Committed by an insured whose busi- sured with knowledge of its falsity. ness is: (3) Material Published Prior To Policy (a) Advertising, broadcasting, pub- Period lishing or telecasting; Arising out of oral or written publica- (b) Designing or determining content of tion, in any manner, of material whose web sites for others; or first publication took place before the (c) An Internet search, access, content beginning of the policy period, or service provider, (4) Criminal Acts However, this exclusion does not apply Arising out of a criminal act committed to Paragraphs 14.a., b. and c. of by or at the direction of the insured. "personal and advertising injury" under the Definitions section. (5) Contractual Liability For the purposes of this exclusion, the For which the insured has assumed placing of frames, borders or links, or liability in a contract or agreement. This advertising,for you or others anywhere exclusion does not apply to: on the Internet, is not by itself, con- (a) Liability for damages that the in- sidered the business of advertising, sured would have in the absence of broadcasting, publishing or telecasting. the contract or agreement. (11) Electronic Chatrooms Or Bulletin (b) Liability for false arrest, detention Boards or imprisonment assumed in a con- Arising Out of an electronic chatroom or tract or agreement, bulletin board the insured hosts, owns, (6) Breach Of Contract or over which the insured exercises Arising out of a breach of contract, control. except an implied contract to use (12) Unauthorized Use Of Another's Name another's advertising idea in your "ad- Or Product vertisement". Arising out of the unauthorized use of (7) Quality Or Performance Of Goods — another's name or product in your Failure To Conform To Statements e-mail address, domain name or meta- Arising out of the failure of goods, tag, or any other similar tactics to products or services to conform with mislead another's potential customers, any statement of quality or per- (13) Pollution formance made in your "advertise- Arising out of the actual, alleged or ment". threatened discharge, dispersal, see- page, migration, release or escape of "pollutants" at any time. CU 00 01 04 13 9 Insurance Services Office, Inc., 2012 Page 7 of 18 (14) Em �r�c���� ��"�,���� (f) Any health or therapeutic service To: treatment, advice m,instrocUon� ' (a) Aperson arising out mfany: (g) Any service, treatment, advice wrin /A Refusal ioemploy that person; etnuctkznfor the purpose of appemr- mnue or akin enhancement, hair(ii)�� Termination of that person's nernmva| orreplacement, urpersonal employment; or grooming ortherapy; (i ii) Employment-related practices, (h) Any men/ioe, treatment, advice or Policies, acts or omissions, instruction relating to hysica| fit- such as coercion, demotion, ness, including sen/ioe evaluation, reassignment, dis- advice or instruction in' treatment, cmnnecdo ' oip}ine, defamation, harass- with diet' cardiovascular fihmea~ rneot humiliation, d�crirmina- bodybuilding or physical training Non or malicious prosecution programs; "'� directed atthat person; or (i) Optometry or optical or hearing aid (b) The spouse, chi/d' parent, brother services including the prescribing,skater of that person as a nom- preparation,n` htdn�' demonstration of "persamal and adve� or distribution of ophthalmic lenses tising injury" to that person at and similar products or hearing aid whom any of the employment- devices; related pmaodoem described in Paragraph U), (ii) or (ill) above is �) B��ypi�noin0��n/i�ea� dmected. (k) Services in the practice of phav- This exclusion applies whether the mnacy� injury-causinginjury-causing event described in Para- (|) Law enforcement orfirefighting ser- graph <0, (Q) or(hQabove occurs before vices; and employment, during employment or ( n)Handling, embalming, disposal, bur- after employment". that person. ia|, cremation or disinterment of This exclusion applies whether the dead bodies, insured may beliable asmnemployer or This exclusion applies even if the in any other capa«jb/, and to any claims against any insured allege obligation to share damages with or negligence orother wrongdoing in thenepay someone else who numL pay supervision, hiring, employment, train- damagesbecauoeoftheinjory. ing or monitoring f ' that (15) Professional Services insured, if the offense which caused Arising outmfthe rendering oforfailure the "personal and advertising injury", iorenderan professionalservioe This involved the renderingof or failure to includes but�snot limited to: render any professional service. (e) Lega|, accounting or advertising (16) War services; However caused, ahsin0, directly or (b) prepahng, appozving, or failing to indirectly, out of: prepare or mpprove, nnapm. shop (a) War, including undeclared or civil dnavvinAs, opinions, nepmda^ sur- war; veys` field orders, change orders mr (b^� Warlike action by a militaryfmrce dravvimgaorspe'��cabmns; including action in hindering ` 8 mr (c) Inspection, supervision, quality con- defending against an actual or trm|, architectural or engineering expected attack, by any govern- activities done by or for you on a nnemL sovereign or other authority project on which you serve as using military personnel or other construction manager; agents; or (d) Engineering services, including »s- (c) |nauneotiom, rebellion, revolution, |abedsupervisory orinspection ser- usurped power, uraction taken by vices; governmental authority in hindering (e) Medical, surgical, dental, )<-ray or or defending against any of these. nursing services treatment, advice or instruction; . (17) Recording And Distribution Of Material f. Prejudgment interest awarded against the Or Information In Violation Of Law insured on that part of the judgment we Arising directly or indirectly out of any pay. If we make an offer to pay the ap- action or omission that violates or is plicable limit of insurance, we will not pay alleged to violate: any prejudgment interest based on that (a) The Telephone Consumer Pro- period of time after the offer. tection Act (TCPA), including any gw All interest on the full amount of any amendment of or addition to such judgment that accrues after entry of the law; judgment and before we have paid, offered (b) The CAN-SPAM Act of 2003, in- to pay, or deposited in court the part of the cluding any amendment of or judgment that is within the applicable limit addition to such law; of insurance. (c) The Fair Credit Deporting Act These payments will not reduce the limits of insurance. (FCDA), and any amendment of or addition to such law, including the 2. When we have the right but not the duty to Fair and Accurate Credit Trans- defend the insured and elect to participate in actions Act (FACTA); or the defense,we will pay our own expenses but (d) Any federal, state or local statute, will not contribute to the expenses of the ordinance or regulation, other than insured or the underlying insurer". the TCPA, CAN-SPAM Act of 2003 3. If we defend an insured against a "suit"and an or FCDA and their amendments and indemnitee of the insured is also named as a additions, that addresses, prohibits, party to the "suit", we will defend that in- or limits the printing, dissemination, demnitee if all of the following conditions are disposal, collecting, recording, met: sending, transmitting, communi- a. The "suit" against the indemnitee seeks cating or distribution of material or damages for which the insured has information. assumed the liability of the indemnitee in a b. "Pollution cost or expense". contract or agreement that is an "insured SUPPLEMENTARY PAYMENTS — COVERAGES A contract"; AND B b. This insurance applies to such liability 1. We will pay, with respect to any claim we assumed by the insured; investigate or settle, or any "suit" against an c. The obligation to defend,or the cost of the insured we defend, when the duty to defend defense of, that indemnitee, has also been exists: assumed by the insured in the same "in- a. All expenses we incur. sured contract"; b. Up to $2,000 for cost of bail bonds d. The allegations in the "suit" and the in-" (including bands for related traffic law formation we know about the occurrence violations) required because of an " are such that no conflict appears to exist between the interests of the insured and occurrence" we cover.We do not have to the interests of the indemnitee; furnish these bonds. c. The cost of bonds to release attachments, e. The indemnitee and the insured ask us to conduct and control the defense of that but only for bond amounts within the indemnitee against such "suit" and agree applicable limit of insurance. We do not that we can assign the same counsel to have to furnish these bonds. defend the insured and the indemnitee; and d. All reasonable expenses incurred by the f. The indemnitee: insured at our request to assist us in the investigation or defense of the claim or (1) Agrees in writing to: "suit", including actual loss of earnings up (a) Cooperate with us in the in- to $250 a day because of time off from vestigation, settlement or defense work. of the "suit"; e. All court costs taxed against the insured in (b) immediately send us copies of any the "suit". However, these payments do demands, notices, summonses or not include attorneys' fees or attorneys' legal papers received in connection expenses taxed against the insured. with the "suit"; CU 00 01 04 1 cJ Insurance Services Office, Inc., 2012 Page 9 of 18 (c) Notify any other insurer whose (4) An organization other than a part- coverage is available to the in- nership, joint venture or limited liability demnitee; and y company, you are an insured. Your (d) Cooperate with us with respect to '"executive officers" and directors are coordinating other applicable insur- insureds, but only with respect to their ance available to the indemnitee; duties as your officers or directors. and Your stockholders are also insureds, (2) Provides us with written authorization but only with respect to their liability as to: stockholders. (a) Obtain records and other informa- (S) A trust, you are an insured. Your tion related to the"suit"; and trustees are also insureds, but only with respect to their duties as trustees, the indemnitee in such'"suit'". (b) Conduct and control the defense of b. Each of the following is also an insured: So long as the shave conditions are met (1) Your "volunteer workers'" only while performing duties related to the con- attorneys"fees incurred by us in the defense of duct of your business, or your that indemnitee, necessary litigation expenses "employees", other than either your incurred by us and necessary litigation ex- '"executive officers" (if you are an penses incurred by the indemnitee at our organization other than a partnership, request will be paid as Supplementary Pay- joint venture or limited liability com- ments. Notwithstanding the provisions of pany) or your managers (if you are a Paragraph 2.b.(2) of Section I — Coverage A — limited liability company), but only for Bodily Injury And Property Damage Liability, acts within the scope of their em- such payments will not be deemed to be ployment by you or while performing damages for "bodily injury," and "property duties related to the conduct of your damage" and will not reduce the limits of business. However, none of these insurance. "employees" or "volunteer workers," Our obligation to defend an insured's in- are insureds for: demnitee and to pay for attorneys" fees and (a) "Bodily injury"or "personal and ad- necessary litigation expenses as Supplementary vertising injury": Payments ends when we have used up the applicable limit of insurance in the payment of (i) To you, to your partners or judgments or settlements or the conditions set members (if you are a part- forth above, or the terms of the agreement nership or joint venture), to described in Paragraph f. above, are no longer your members (if you are a met. limited liability company), to a SECTION IM—WHO IS AN INSURED co-"employee" in the course of his or her employment or per- 1. Except for liability arising out of the ownership, forming duties related to the maintenance or use of "covered autos": conduct of your business or to a. If you are designated in the Declarations your other "volunteer workers" as: while performing duties related to the conduct of your busi- (1) An individual, you and your spouse are ness; insureds, but only with respect to the conduct of a business of which you are (ii) To the spouse, child, parent, the sole owner. brother or sister of that co-"employee" or "volunteer (2) A partnership or joint venture, you are worker" as a consequence of an insured. Your members, your part- Paragraph(a)(i) above;or Hers, and their spouses are also insureds, but only with respect to the (iii) For which there is any obliga- conduct of your business. tion to share damages with or repay someone else who must (3) A limited liability company, you are an pay damages because of the insured. Your members are also injury described in Paragraph insureds, but only with respect to the (a)(i)or(ii)above. conduct of your business. Your man- agers are insureds, but only with respect to their duties as your man- agers, Page. 10 of 18 C7 Insurance Services Office, Inc., 2012 CU 00 01 04 13 (b) "Property damage"hoproperty: (1) The owner oranyone else from whom (0 Owned, occupied or used by; you hire or borrow a "covered auto". <iQ Rented to, in the care, custody �hha exception does not apply J �h� "covered auto" is a trailersemitrailer or omntn)| m[ or over which �rmemon er physical omntn�| i� being �nnn��ba� t� � "covered auto" you exercised for any purpose by; mwn' you, any of your "employees", (2) Your "employee" if the "covered auto" "volunteer vvoxkena". any partner ur is owned by that "employee" or a member(if you are apartnership nr member ofhis orher household. joint venture), any member if (3) Someone using a "covered auto" while you are |irnikad liability company). he or she is working in e business of (2) Any person (other than your "em- sel|img, servicing, nmpairin0, parking or p|myee" or °vm|mrdeer worker"), or any storing "autos" unless that business is organization while acting as your real yours, estate manager. (4) Anyone other than your "employees", (3) Any person or organization having partners you are a partnership), proper temporary custody of your members (if you are a limited liability property ifyou die, but only: company), or a lessee or borrower or (a) With respect to liability arising out any of their "employees", while moving of the maintenance or use of that property to or from a "covered au0m" property; and (5) A partner (if you are partnership), or (b) Until your legal representative has s member (if you are a ||m|bad liability been appointed, company) for a "covered auto" owned byhim orher oramember ofhis or her (4) Your legal representative ifyou die, but houaeho|d, only with respect to duties as such. in- That representative will have all your �6� °ErnPioyees°vvitMrespect ho "bodily in- rights and duties under this Coverage /urY'' to� Part. (a) Any fellow "employee" of the in- c. Any organization you newly acquire or suned arising out of and in the fonn, other than a partnership, joint course of the fe||mvv "employee's" venture or limited liability cmmpany, and employment or while performing over xvhkzh you maintain ownership or duties related to the conduct of rnakorhv inhermst, will qualify as a Named your business; mr Insured if there is no other similar |n- (b) The mpouse, child, parent, brother muranma available to that organization. or sister cfthat fe||uvv "employee" However:However: eaa consequence of Paragraph (a) b (1) Coverage under this provision is above. afforded only until the 9Othday after c. Anyone liable for the conduct ofeninsured you acquire urform the organization or described above ioalso aninsured, but only the end of the policy perimd, whichever to the extent ofthat liability. is earlier; An _!ftn additional insured under agn polic of (2) Coverage A does not apply to "bodily ~~ injury" or "property damage" that ocinsured under this - curred before you acquired or formed Subject to Section y|| — Limits [}f |nmunance if ' the organization; ' coverage provided to the additional insured is (3) Coverage does not apply to"personal required by a contract or e0naement, the most and advertising injury" arising out ofan we will pay on behalf of the additional insured offense committed before you acquired is the amount ofinsurance: orformed the organization. a. Required by the contract oragreement, less 2. Only with respect to liability arising out mfthe any amounts payable by any "underlying ovvnenship, maintenance or use of "covered insurance"; or autos": b. Available under the applicable Limits of a. You are aninsured. Insurance shown inthe Declarations; b. Anyone else while using with your pep whichever isless, mission a "covered auto" you ovvn, hire or borrow baalso aminsured except: CU 00 01 04 13 C Insurance Services Office, Inc., 2012 Page 11 of 18 Additional insured coverage provided by this than 12 months, starting with the beginning of the insurance will not be broader than coverage policy period shown in the Declarations, unless the provided by the "underlying insurance". policy period is extended after issuance for an No person or organization is an insured with re- additional period of less than 12 months. In that spect to the conduct of any current or past case, the additional period will be deemed part of partnership, joint venture or limited liability com- the last preceding period for purposes of deter- pany that is not shown as a Named Insured in the mining the Limits of Insurance. Declarations. SECTION IV-CONDITIONS SECTION Ill-LIMITS OF INSURANCE 1. Appeals 1. The Limits of Insurance shown in the Dec- If the "underlying insurer" or insured elects not larations and the rules below fix the most we to appeal a judgment in excess of the"retained will pay regardless of the number of: liimit", we may do so at our own expense. We a. Insureds, will also pay for taxable court costs, pre- and b. Claims made, lsuits'° brought, or number postjudgment interest and disbursements associated with such appeal. In no event will of vehicles involved; or this provision increase our liability beyond the c. Persons or organizations making claims or applicable Limits of Insurance described in bringing "suits". Section IiI-Limits Of Insurance, 2. The Aggregate Limit is the most we will pay 2. Bankruptcy for the sum of all "ultimate net loss" under: a. Bankruptcy Of Insured a. Coverage A, except"ultimate net loss" be- Bankruptcy or insolvency of the insured or cause of "bodily injury" or "property dam- of the insured's estate will not relieve us of age arising out of the ownership, main- our obligations under this Coverage Part. tenance or use of a"covered auto";and b. Bankruptcy t`3f Underlying Insurer b. Coverage B. Bankruptcy or insolvency of the "under- 3. Subject to Paragraph 2. above, the Each lying insurer" will not relieve us of our Occurrence Limit is the most we will pay for obligations under this Coverage Part. the sum of all "ultimate net loss" under Coverage A because of all "bodily injury" and However, this insurance will not replace the "property damage" arising out of any one "underlying insurance" in the event of bank- ""occurrence". ruptcy or insolvency of the "underlying insurer". This Insurance will apply as if the 4. Subject to Paragraph 2. above, the Personal "underlying insurance"were in full effect. And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all 3. Duties in The Event Of Occurrence, Offense, "'ultimate net loss" because of all"personal and Claire Or Suit advertising injury"sustained by any one person a. You must see to it that we are notified as or organization, soon as practicable of an "occurrence" or 5. If there is "underlying insurance" with a policy an offense, regardless of the amount, period that is nonconcurrent with the policy which may result in a claim. To the extent period of this Commercial Liability Umbrella possible, notice should include: Coverage Part, the "retained limit(s)" will only (1) How, when and where the "occur- be reduced or exhausted by payments for: rence" or offense took place; a. "Bodily injury" or"property damage"which (2) The names and addresses of any in- occurs during the policy period of this Cov- jured persons and witnesses; and erage Part; or (3) The nature and location of any injury or b. "Personal and advertising injury" for of- damage arising out of the "occurrence" fenses that are committed during the policy or offense. period of this Coverage Part, b. If a claim is made or "suit" is brought However, if any "underlying insurance" is against any insured, you must. written on a claims-made basis, the "retained (1) Immediately record the specifics of the limits)" will only be reduced or exhausted by claim or "suit" and the date received; claims for that insurance that are made during and the policy period, or any Extended Reporting Period, of this Coverage Part. (2) Notify us as soon as practicable. The Aggregate Limit, as described in Paragraph 2. You must see to it that we receive written above, applies separately to each consecutive notice of the claim or "suit" as soon as annual period and to any remaining period of less practicable. Page 12 of 18 Q Insurance Services Office, Inc., 2012 CU 00 0104 13 c. You and any other involved insured must: (1) The total amount that all such other (1) Immediately send us copies of any insurance would pay for the loss in the demands, notices, summonses or legal absence of the insurance provided un- papers received in connection with the der this Coverage Part; and claim or"suit"; (2) The total of all deductible and self- (2) Authorize us to obtain records and insured amounts under all that other other information; insurance, (3) Cooperate with us in the investigation 6. Premium Audit or settlement of the claim or defense a. We will compute all premiums for this Cov- against the"suit"; and erage Part in accordance with our rules and (4) Assist us, upon our request, in the en- rates. forcement of any right against any b. Premium shown in this Coverage Part as person or organization which may be advance premium is a deposit premium liable to the insured because of injury only. At the close of each audit period we or damage to which this insurance may will compute the earned premium for that also apply. period and send notice to the first Named d. No insured will, except at that insured's Insured. The due date for audit and own cost, voluntarily make a payment, retrospective premiums is the date shown assume any obligation, or incur any ex- as the due date on the bill. If the sum of pense, other than for first aid, without our the advance and audit premiums paid for consent. the policy period is greater than the earned 4. Legal Action Against Us premium, we will return the excess to the first Named Insured. No person or organization has a right under c. The first Named Insured must keep records this Coverage Part: of the information we need for premium a. To join us as a party or otherwise bring us computation, and send us copies at such into a "suit" asking for damages from an times as we may request, insured;or 7. Representations Or Fraud b. To sue us on this Coverage Part unless all By accepting this policy, you agree: of its terms have been fully complied with. a. The statements in the Declarations are ac- A person or organization may sue us to recover curate and complete; on an agreed settlement or on a final judgment against an insured; but we will not be liable for b. Those statements are based upon represen- damages that are not payable under the terms tations you made to us; of this Coverage Part or that are in excess of c. We have issued this policy in reliance upon the applicable limit of insurance. An agreed your representations; and settlement means a settlement and release of d. This policy is void in any case of fraud by liability signed by us, the insured and the you as it relates to this policy or any claim claimant or the claimant's legal representative. under this policy. Other insurance 8. Separation Of Insureds a. This insurance is excessand shall not Except with respect to the Limits of Insurance, contribute with of the other insurance, and any rights or duties specifically assigned in Wff6ffler primary, excess, contingent or on this Coverage Part to the first Named Insured, --anoder iii's- -b—a 'TF,s—co76d�itioF7Wil`[ riot this insurance applies: appTyfoiniTr7aWce specifically written as excess over this Coverage Part. a. As if each Named Insured were the only When this insurance is excess, we will Named Insured; and have no duty under Coverages A or 8 to b. Separately to each insured against whom defend the insured against any "suit" if any claim is made or"suit" is brought. other insurer has a duty to defend the 9. Transfer Of Rights Of Recovery Against Others insured against that "suit". If no other To Us insurer defends, we will undertake to do If the insured has rights to recover all or part of so, but we will be entitled to the insured's any payment we have made under this Cov- rights against all those other insurers. erage Part, those rights are transferred to us. b. When this insurance is excess over other The insured must do nothing after loss to insurance, we will pay only our share of impair them. At our request, the insured will the "ultimate net loss" that exceeds the bring "suit" or transfer those rights to us and sum of: help us enforce them. CU 00 01 04 13 @ Insurance Services Office, Inc., 2012 Page 13 of 10 10.When W&mDoNot Renew 14.Expanded Coverage Territory If we decide not to renew this Coverage Part, a. If a "m/h. is brought in m part of the we will mail or deliver to the first Named "coverage territory" that is outside the Insured shown in the C3eo|amadmne written United States of America (including its notice ofthe nonrenewal not less than 30days territories and posseeeions). Puerto Rico or before the expiration date. Canada. and we are prevented by iavv. or If notice is mai|ed, proof of mailing will be otherwise, from defending the insured, the sufficient proof ofnotice. insured will initiate a defense of the "suit". 11 ���s Payable We will reimburse the insured, under Sup- plementary p|emnenbsry Paynnanba, for any reasonable Liability under this Coverage Part does not and necessary expenses incurred for the apply hoagiven claim unless and until: defense of a ''suit" seeking damages to a. The insured or |osured's "underlying in- which this insurance app|iem, that we surer" has become obligated to pay the would have paid had we been able to "retained limit"; and exercise our right and duty to defend. b. The obligation of the insured to pay the If the insured becomes |e0m||y obligated to "ultimate net loss" in excess of the '^ms- pay sums because of damages to which taUnedlimit" has been determined bymfinal this insurance applies in m part of the settlement or judgment or written agree- ''oo«mmage territory" that is outside the rnenLamong the insunad, claimant and us. United S(ab*o of America (including its territories and possessions), Puerto Rico or 12 �nan�f�r�����ns� ' Canada, and we are prevented by law, or When the underlying |irniba of insurance have othenwise, from paying such sums on the been used up in the payment mfjudgments or inaunad'm beha|f, we will reimburse the settlements, the duty to defend will be trans- insured for such sums. ferrmd to us. VVewill cooperate in the transfer b. All payments or reimbursements we make mfcontrol bm us of any outstanding claims or for damages because of judgments or'.suits" seeking damages to which this in- settlementswill be made in U.S. currencysunamcm applies which would have been adihpsvai||ngexchamgena— -- the time covered bythe "underlying insurance" had the the inaunedbemane legally obligated hopay applicable limit not been used up. such sums. All payments or naimbunae- 13-M0a|ntenanceOf/Changes ToUnderlying ynsur~ menb we make for expenses under ance Supplementary Payments will be made in Any "underlying insurance" must be main- U.S. currency at the prevailing exchange tained in full effect without reduction of /oha at the time the expenses were coverage or limits except for the reduction of incurred. the aggregate limit in accordance with the c. Any disputes between you and us as to provisions of such ''underlying insurance" that whether there is coverage under this policy meeo|ha from payment of nkairns, settlement or must be filed in the courts of the United judgments towhich this insurance applies. States of America (including its territories Such exhaustion orreduction isnot afailure to and Poasems|nne). Canada orPuerto Rico. maintain "underlying insurance". Failure to d. The insured must fully maintain any uz/v- nnaintain "underlying insurance" will not in- ensQerequired by law, regulation or other validate insurance provided under this Cmv- governmental authority during the policy ermQe Part, but insurance provided under this period' except for reduction of the aggre- Cowemsge Part will apply asUthe "underlying gate limits due to payments of claims, insurance"were in full effect. judgments orsettlements. If there is an increase in the scope of coverage Failure to rnaUmba)o such coverage required of any "underlying imsunamoe" during the term by |a*v, regulation or other governmental of this pmUcy, our liability will be no more than authority will not invalidate this insurance. it would have been if there had been no such Hom«avar, this insurance will apply as if the increase. required coverage by |evv' regulation or You must notify us in »vritinQ, as soon as other governmental authority was in full pnaot|oob|e, if any "underlying insurance" is effect. oanoel|ed, not renewed, replaced urotherwise SECTMONV—DEFIN|TIONS terminated,orifthe limits o/ scope ofcoverage 1. "Advertisement" means a notice that is ofany"underlying insurance" imchanged. broadcast orpublished bmthe general public or Page 14mf 18 @ Insurance Services Office, |nc., 2O12 CU 00 01 04 13 specific market segments about your goods, 9. "Insured contract" means: products or services for the purpose of at- a. A contract for a lease of premises, tracting customers or supporters. For the However, that portion of the contract for a purposes of this definition: lease of promises that indemnifies any a. Notices that are published include material person or organization for damage by fire placed on the Internet or on similar elec- to premises while rented to you or tem- tronic means of communication; and porarily occupied by you with permission of b. Regarding web sites, only that part of a the owner is not an "insured contract"; web site that is about your goods, b. A sidetrack agreement; products or services for the purposes of c. Any easement or license agreement, except attracting customers or supporters is con- in connection with construction or dem- sidered an advertisement. olition operations on or within 50 feet of a 2. "Auto" means: railroad; a. A land motor vehicle, trailer or semitrailer d. An obligation, as required by ordinance, to designed for travel on public roads, in- indemnify a municipality, except in con- cluding any attached machinery or nection with work for a municipality; equipment;or e. An elevator maintenance agreement; b. Any other land vehicle that is subject to a f. That part of any contract or agreement compulsory or financial responsibility law entered into, as part of your business, or other motor vehicle insurance law where pertaining to the rental or lease, by you or it is licensed or principally garaged. any of your "employees", of any "auto". However, "auto" does not include "mobile However, such contract or agreement shall equipmenC', not be considered an "insured contract" to 3. "Bodily injury" means bodily injury, disability, the extent that it obligates you or any of sickness or disease sustained by a person, your "employees" to pay for "property including death resulting from any of these at damage"to any "auto" rented or leased by any time. "Bodily injury" includes mental you or any of your"employees". anguish or other mental injury resulting from 9. That part of any other contract or agree- "bodily injury". ment pertaining to your business (including 4. "Coverage territory" means anywhere in the an indemnification of a municipality in world with the exception of any country or connection with work performed for a jurisdiction which is subject to trade or other municipality) under which you assume the economic sanction or embargo by the United tort liability of another party to pay for States of America, "bodily injury" or "property damage" to a 5. "Covered auto" means only those "autos!' to third person or organization. Tort liability which "underlying insurance" applies. means a liability that would be imposed by law in the absence of any contract or 6. "Employee" includes a "leased worker". "Em- agreement, ployee" does not include a "temporary Paragraphs f. and g. do not include that part of worker". any contract or agreement: T. "Executive officer" means a person holding any (1) That indemnifies a railroad for "bodily of the officer positions created by your charter, injury" or "property damage" arising constitution, bylaws or any other similar gov- out of construction or demolition opera- eming document. tions, within 50 feet of any railroad 8. "Impaired property" means tangible property, property and affecting any railroad other than "your product" or"your work", that bridge or trestle, tracks, road-beds, cannot be used or is less useful because: tunnel, underpass or crossing; a. It incorporates "your product" or "your (2) That pertains to the loan, lease or work" that is known or thought to be rental of an "auto" to you or any of defective, deficient, inadequate or dan- your "employees", if the "auto" is gerous; or loaned, leased or rented with a driver; b. You have failed to fulfill the terms of a or contract or agreement; (3) That holds a person or organization if such property can be restored to use by the engaged in the business of transporting repair, replacement, adjustment or removal of property by "auto"for hire harmless for "your product" or "your work", or your ful- your use of a "covered auto" over a filling the terms of the contract or agreement. CU 00 01 04 13 Oc Insurance Services Office, Inc., 2012 Page 15 of 18 route or territory that person or or- purposes other than the transportation of 0anizmdon is authorized to serve by persons orcargo. public authority, However, self-propelled vehicles with the 10."Leased worker" means aperson leased boyou following types of permanently attached by a labor leasing firm under an agreement equipment are not "mobile equipment" but between you and the labor leasing firm, to will be considered"autos"- perform duties related to the conduct of your (�) Equipment primarily business. "Leased worker" includedoes not include a ` ' � "temporary worker". (a) Snow removal; 11."Loading or unloading" means the handling of (b) Road nnainhenanme, but not con- property: mtnuction or resurfacing; or a. After it is moved from the place where it is (c) Street cleaning; accepted for movement into or onto an (2) Cherry pickers and similar devices aircneft, watercraft or"auto"; mounted on automobile or truck chos- b. While ltisinoronanaircraft,watercraft or sieand used bmraise orlower workers; "auto"; or and c. VVhika it is being moved from an aircraft, (3) Air oompreomons, pumps d gener- watercraft or "auto" to the place vvhema it a0mna, including spraying, welding, ;s finally delivered; building c|eaning. geophysical exp|ona- but "loading or unloading"dm� — c� include| de the tion, lighting and well servicing movement of property by mens of nnech- eqmpmenL anioa| device, other than a hand tmuck, that is However, "mobile equipment" does not not attached to the a|nomaft, watercraft or include land vehicles that are subject to a "auto". compulsory or financial responsibility |avv 12~"Mobi|e equipment" means any of the fol- orother motor vehicle insurance law where lowing types of [emd wehkz|em including any it is licensed or principally d, Land attached machinery or equipment: «ehkr|em to a compulsory or finan- cial cia| nespmnsibiUty law or other motor a. Bu||dozera, farm rnaohinary, forklifts and vehicle insurance |axv are considered other vehicles designed for use principally "autos". off public rumd�� ' 13."Occurrence" means an accident, including b. Vehicles maintained for use solely on or continuous or repeated exposure to sub- next to premises you mxvn or rent; etantiaUythe same general harmful conditions. c. Veh|m|mm that travel on crawler treads; 14."Personal and advertising injury" means injury, d. Vehicles, whether self-propelled or not, including consequential "bodily injury° arising maintained primarily hmprovide mobility hm out mfone ormore ofthe following offenses: permanently mounted: a' False arrest, detention or imprisonment; (1) Power cranes, shovels, loaders, diggers b. Malicious prosecution; or drills; or c. The wrongful eviction from, wrongful entry (2) Road construction or resurfacing equip- into, or rinvasion of the right of private rnent such as graders, scrapers or occupancy of aroom, dvve||in or premises rollers; that eperson occupies,conn�~ edbyoron e. Vehicles not described in Paragraph a., b,, behalf of its owner. landlord or lessor; c. or d. above that are not self-propelled d. Oral or written publication, in any mmammer, and are maintained primarily to provide of material that slanders or libels a person ` mobility to permanently attached equip- or n|zadonordiapmraperson's or' nnentmfthe following types: organization's goods, services; (1) Air compressona, pumps and gemep e. Oral or written publication, in any nmannmr, atona' including spraying, welding, of material that violates a person's right of building c|eaning, geophysical exp|ona- privacy; tion, lighting and well servicing � another's use of mnoth� � advertising idea in equipment; or "advertisement";advertisement"; ar (2) Ch pickers and similar wo�� ' �^ Infringing upon another's copyright, tradetonaisemr|cmervorkena' dress or slogan in your"advertisement". f- Vehicles not described in Paragraph a-, b., c. or d. above maintained primarily for Page 16 of 18 @ Insurance Services Office. Inc., 2012 CU 00 01 04 13 15."Pollutants" mean any solid, liquid, gaseous or (2) The existence of tools, uninstalled thermal irritant or contaminant, including equipment or abandoned or unused smoke, vapor, soot, fumes, acids, alkalis, materials. chemicals and waste. Waste includes materials 18."Property damage"means: to be recycled, reconditioned or reclaimed, 10."Pollution cost or expense" means any loss, a. Physical injury to tangible property, in- cost or expense arising out of any: cluding all resulting loss Of use of that property. All such loss of use shall be a. Request, demand, order or statutory or deemed to occur at the time of the physical regulatory requirement that any insured or injury that caused it; or others test for, monitor, clean up, remove, b. Loss of use of tangible property that is not contain, treat, detoxify or neutralize, or in physically injured. All such loss of use shall any way respond to, or assess the effects be deemed to occur at the time of the of, "pollutants"; or ""occurrence"that caused it, b. Claim or suit by or on behalf of a govern- With respect to the ownership, maintenance or mental authority for damages because of use of "covered autos", property damage also testing for, monitoring, cleaning up, re- includes "pollution cost or expense", but only moving, containing, treating, detoxifying or to the extent that coverage exists under the neutralizing, or in any way responding to, "underlying insurance" or would have existed or assessing the effects of, "pollutants". but for the exhaustion of the underlying limits. 17."Prod ucts-completed operations hazard": For the purposes of this insurance, with a. Includes all "bodily injury" and "property respect to other than the ownership, mainten- damage" occurring away from premisesance or use of"covered autos", electronic data you own or rent and arising out of "your is not tangible property. product" or"your work" except: As used in this definition, electronic data (1) Products that are still in your physical means information, facts or programs stored as possession; or or on, created or used on, or transmitted to or (2) Work that has not yet been completed from computer software (including systems or abandoned, However, "your work" and applications software), hard or floppy will be deemed completed at the earli- disks, CD-ROMs, tapes, drives, cells, data est of the following times: processing devices or any other media which (a) When all of the work called for in are used with electronically controlled equip- your contract has been completed. ment. 19.""Retained limit" means the available limits of (b) When all of the work to be done at "underlying insurance" scheduled in the Dec- the job site has been completed if larations or the "self-insured retention", your contract calls for work at more whichever applies. than one job site, 20."Self-insured retention" means the dollar (c) When that part of the work done at amount listed in the Declarations that will be a job site has been put to its in- paid by the insured before this insurance be- tended use by any person or comes applicable only with respect to "occur- organization other than another rences" or offenses not covered by the contractor or subcontractor work- "underlying insurance". The"self-insured reten- ing on the same project. tion" does not apply to "occurrences" or Work that may need service, main- offenses which would have been covered by tenance, correction, repair or replace- "underlying insurance" but for the exhaustion ment, but which is otherwise complete, of applicable limits. will be treated as completed. 21."Suit" means a civil proceeding in which b. Does not include "bodily injury" or damages because of "bodily injury", "property "property damage" arising out of: damage"or"personal and advertising injury"to (1) The transportation of property, unless which this insurance applies are alleged, "Suit" the injury or damage arises out of a includes: condition in or on a vehicle not owned a. An arbitration proceeding in which such or operated by you, and that condition damages are claimed and to which the was created by the "loading or un- insured must submit or does submit with loading" of that vehicle by any insured; our consent; or or CU 00 01 04 13 C Insurance Services Office, Inc., 20112 Page 17 of 18 b. Any other alternative dispute resolution (2) Containers (other than vehicles), ma- proceeding in which such damages are terials, parts or equipment furnished in claimed and to which the insured submits connection with such goods or prod- with our consent or the "underlying in- ucts. surers" consent. b. Includes: 22."Temporary worker" means a person who is (1) Warranties or representations made at furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or any time with respect to the fitness, short-term workload conditions. quality, durability, performance or use of"your product"; and 23."Ultimate net loss" means the total sum, after (2) The providing of or failure to provide reduction for recoveries or salvages collectible, warnings or instructions. that the insured becomes legally obligated to Does not include vending machines or pay as damages by reason of settlement or c, other property rented to or located for the judgments or any arbitration or other alternate dispute method entered into with our consent use of others but not sold. or the "underlying insurer's" consent. 28."Your work": 24."Underlying insurance" means any policies of a. Means: insurance listed in the Declarations under the (1) Work or operations performed by you Schedule of"underlying insurance". or on your behalf; and 25."Underlying insurer" means any insurer who (2) Materials, parts or equipment furnished provides any policy of insurance listed in the in connection with such work or opera- Schedule of"underlying insurance". tions. 26."Volunteer worker" means a person who is not b. Includes: your "employee", and who donates his or her work and acts at the direction of and within (1) Warranties or representations made at the scope of duties determined by you, and is any time with respect to the fitness, not paid a fee, salary or other compensation by quality, durability, performance or use you or anyone else for their work performed for of"your work"; and you. (2) The providing of or failure to provide 27."Your product": warnings or instructions. a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have ac- quired; and Page 18 of 18 9 Insurance Services Office, Inc., 2012 CU 00 01 04 13 POLICY NUMBER: CMPTX000900 3889 COMMERCIAL GENERAL LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES .... AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Cov- erage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: Citic of Corpus Christi. 2. Address: PO Box 9277 Corpus Christi , TX 78469-9277 3.1 Number of days advance notice: 30 Information re uired to complete this Schedule, if not shown above, will be shown in the Declarations. CG 02 05 12 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 UNIFORM POLICY NUMBER: CAPTX0009002369 CA-105TX (4-12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 8/1/17 Countersigned By: Named Insured; Felder Water Well & pump Service, LLC (Authorized Representative) SCHEDULE Number of Days' Notice 30 Name Of Person Or Organization City of Corpus Christi Address PO Box 9277 , Corpus Christi , TX 78469-9277 If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. CA-1 05TX (4-12) Includes copyrighted material of Insurance Page 1 of 1 0 Services Office, Inc., with its permission Texasmutu WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured Copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3,A. of the Information Page, In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule I. Number of days advance notice: 30 2. Notice will be mailed to. City of Corpus Christi P0 Box 9277 Corpus Christi , TX 78469-9277 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 06101/2017 at 12:01 am.standard time,forms a part of: Policy No.0001145301 of Texas Mutual Insurance Company effective on 8/1/17 Issued to., FELDER WATER WELL AND PUMP SERVICE LLC Premium: $9,517.00 NCCI Carrier Code:29939 Authorized Representative W23/2017 PO Box 12058,Austin,TX 78711-2058 I of 1 texasmutual-com 1(800)859-5995 1 Fax(800)359-0550 WC 42 08 01 00 61 16 PAYMENT BOND BOND NO. 4414375 Contractor as Principal Surety Name: Felder Water Well&Pump Service LLC Name: SureTec Insurance Co Mailing address(principal place of business): Mailing address(principal place of business): P.O.Box 1033 1330 Post Oak Blvd Suite 1100 Angleton,TX 77516-1033 Houston, TX 77056 Physical address(principal place of business): Owner same 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: Texas Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): E16265 Corpus Christi Aquifer Storage and 713-812-0800 Recovery Feasibility Study Telephone (for notice of claim): Local Agent for Surety Name: Gallagher Victory Award Date of the Contract: July 18,2017 Address: 2618 Broadway St Contract Price: 5950,740.00 Pearland TX 77581 Bond Telephone: 281-485-7500 Email Address: Date of Bond: 7/25/2017 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number.1-800-252-3439 Payment Bond Form 00 61 16-1 E16265 Corpus Christi Aquifer Storage&Recovery Feasibility Study 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for i action. Contractor as P ' cipal Surety Signature: - Signature: Name: =>aA<, F„Q,10ZName: Ro re o Title: Title: Area President Email Addressc,@��Ce��tr'V,��.� Email Addresstoger)montemayor@aj g.co (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 E16265 Corpus Christi Aquifer Storage&Recovery Feasibility Study 7-8-2014 zi 1 �.. ..'ice tin-I 4 t_ r-' l -r f'.t•r••f.�• •t^,i /-� .1;1.F :Til•. _ � ;ft 'l, t � \fit a � �.,., i ��. +-— ---- rr err, POA,. 4221776 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men Gy These Presents, That SUR T1 INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Roger Montemayer its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments ,or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed One Million and 00/100 Dollars ($1,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifyina and confirming all that the said Attorney-m-Fact may do in the premises. Said appointment sliall continue in force until 12131/2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-president, any Secretary or any Assistant Secretary sliall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-iii-Fact to represent and act for and oil behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizarices, contracts, agreements or indemnity and other conditional or obligatory undertakings and arty and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of"any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a ineeting held on 201h qj*April, 1999.) In Witness lfbereqj, SURETEC INSI.JRANCE COMPANY has caused these presents to be signed by its President, at its corporate seal to be hereto affixed this 8th day of may A,D, 2017 , \3 N SURETESUILkN E C 1 y VAA 0 1 1 P By: rg UJ John Knox Jr-7,Vr�esid'qdt State of Texas ss: q: � County of Harris Oil this 8th day of may A,D. 2017 before me personally came John Knox Jr.,to me known, who,being by me y sworn,did depose and say,that he resides in Houston, Texas, that lie is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that lie knows the seal of said Company; that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of tine Board of Directors of said Company;and that lie signed his name thereto by like order. JACQUELYN GREENLEAF Notary Public, State of Texas Comm,Expires 05-18-2021 OF Jf ,Tac Greenleaf Notary Public' /1111W% Notary ID 126903029 My commission expires May 18,2021 I,N4,Brent Beaty,Assistant Secretary of SI.RETEC INSURANCE CONTANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still ill full force and effect; and furthermore,the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 2 5 th day of /2nl7 A,D. F M. Brent Beaty,Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST, SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin,Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins,Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev. 1-1-06 00 6113 PERFORMANCE BOND BOND NO. 4414375 Contractor as Principal Name: Felder Water Well & Pump Service LIC Mailing address (principal place of business): P.O. Box 1033 Angleton, TX 77516-1033 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: E16265 Corpus Christi Aquifer Storage and Recovery Feasibility Study Award Date of the Contract: July 18, 2017 Contract Price: $950,740.00 Bond Date of Bond: 7/25/2017 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: SureTec Insurance Co Mailing address (principal place of business): 1330 Post Oak Blvd Ste 1100 Houston, TX 77056 Physical address (principal place of business): same Surety is a corporation organized and existing under the laws of the state of: Texas By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 713-812-0800 Telephone (for notice of claim): Local Agent for Surety Name: Gallagher Victory Address: 2 618 Broadway St Pearland, TX 77581 Telephone: 281-485-7500 Email Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800 252-3439 Performance Bond 00 6113 -1 E16265 Corpus Christi Aquifer Storage and Recovery Feasibility Study 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: L. SuretyA I Signature: &. AtA Name: J)«jt .t, he, (G .,- Name: Roger •nt`-yor Title: Vt c_.LTc-Q5 kyk-r Title: Area President Email Address: • eliakt r-tmv4. toVN,, Email Addressroger montemayor@ajg.coir (Attach Power of Attorney and place surety seal below) • • END OF SECTION Performance Bond E16265 Corpus Christi Aquifer Storage and Recovery Feasibility Study 006113-2 7-8-2014 roA 4221776 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Roger Montemayer its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments • or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed One Million and 00/100 Dollars ($1,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, . • its corporate seal to be hereto affixed this 8th day of May , A.D. 2017 State of Texas County of Harris ss: ``\3aFuv i0 9• '\ By: �lW/,Pi.1z: swn On this 8th day of May , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me . : y sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. pubq ���pY► �., JACQUELYN GREENLEAF _.* i+sNotary Public, State of Texas .1141;-". Comm. Expires 05-18-2021 Notary ID 126903029 • Jacq Ilyn Greenleaf, Notary Public My commission expires May 18, 2021 1 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 2 5th day of / A.D. M. Brent Beaty, Assistant Secretary Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev. 1-1-06