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C2017-545 - 10/12/2017 - NA
2017-545 10/12/17 JE Construction Services O-.`Pusc iG yP� October 12, 2017s� >( xm \t,..... y `, Grant Dietze, Project Mgr. 1852 - . '- JE Construction Services 11309 Leopard St., Ste. E Corpus Christi, TX 78410 ENGINEERING Subject: FMAC (Facilities Multiple Award Contract) SERVICES Notice to Proceed Project No. E17053 Oso Pool Mechanical Room PO Box 9277 Improvements Corpus Christi Texas 78469-9277 Dear Mr. Dietze: Phone 361-826-3500 Fax 361-880-3501 www.cctexas.com This notice serves as authorization to begin construction on the referenced project by no later than October 23, 2017. You have been provided a digital Traffic Engineering copy of the executed contract between your firm and the City of Corpus Christi 1201 Leopard St. for providing all labor, material & equipment for the subject project, all in Corpus Christi accordance with the contract. The total amount of this Task Order Agreement Texas 78401 Phone 361-826-3547 shall not exceed S143.758.00. All work shall be completed within 45 calendar Fax 361-826-3545 days. Traffic Signals For this project, Dana Espinal, Project Manager, shall be the City's 2525 Hygeia St. representative on all matters concerning the project. She can be reached at Corpus Christi 361/826-3502. All work is to be completed in a manner satisfactory and Texas 78415 Phone361-826-1610 acceptable to the City's representatives as a strict requirement for fulfilling the Fax 361-826-4274 contract. Construction Inspection Invoices referencing the above PROJECT NAME & PROJECT NUMBER, should be 4917 Holly Rd..Bldg. 5 submitted to my attention to The City of Corpus Christi, Department of Corpus Christi Engineering Services • 0. Box 9277, Corpus Christi, TX 78469. Texas 78411 Phone 361-826-3555 Fax 361-826-3520 i e rely, OP 011° ff Edmonds, P.E. Director of Engineering cc: Jeff Edmonds, Engr Jerry Shoemaker, Engr Dana Espinal, Engr Thomas Steiner, Constr Josh Wentworth, Parks & Rec Lynda Herndon, Engr Kevin McCord, Engr JR Lopez, Engr Zenona Casas, Engr Melinda Cantu-Martin, Engr Brenda White, Engr Ernesto De La Garza, Constr Jay Ellington, Parks & Rec Amy Elizondo, Constr FMAC Notice To Proceed May-2017 INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF OSO POOL MECHANICAL ROOM IMPROVEMENTS E17053 City Of Corpus Christi F.M.A.C. Munoz Engineering 1608 S. Brownlee Blvd Corpus Christi, TX 78404 (361)846-4848 August 11, 2017 CP-220 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 30 01 Bid Form (Rev 01-13-2016) 00 51 01 FMAC Task Order Agreement 006113 Performance Bond (Revoi-13-2016) 006116 Payment Bond (Revo1-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements (Rev06-22-2016) 00 72 02 Wage Rate Requirements (Rev06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Rev 01-13-2016) Division 01 General Requirements 01 11 00 Summary of Work(Rev 01-13-2016) 01 29 00 Application for Payment Procedures (Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Rev 01-13-2016) 01 31 00 Project Management and Coordination (Revo1-13-2016) 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 01 35 00 Special Procedures 014000 Quality Management 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications PLANS See Sheet 2-4 of 11 END OF SECTION Table of Contents 000100- 1 Oso Pool Mechanical Room Improvements E17053 Rev 06-22-2016 00 30 01 BID FORM Project Oso Pool Mechanical Room Improvements Name: Project E17053 Number: Owner: City of Corpus Christi Bidder: OAR: Ernesto De La Garza Designer: LNV Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization/Bonds/Insurance/Permit 1 .00 LS A2 Sump Pum - 1 HP Single-Phase 150 GPM 2.00 EA A3 Sump Pump Electrical 1.00 LS A4 Sump Improvements 1 .00 LS A5 2" Piping 70.001 LF A6 4" Piping 8.00 LF A7 2" Check Valve 4.00 EA A8 4" Check Valve 2.00 EA A9 8" C900 PVC 40.00 LF A10 Trash Guard 1.00 LS All Tunnel Protection 1.00 LS Al2 Tunnel Excavation and Compaction 1 .00 LS A13 Wall Penetration and Waterproofing 1 .00 LS A14 Tie-to Existing Wastewater Line 2.00 EA A15 Manhole 1.00 EA A16 Waterline Adjustment 30.00 LF A17 Concrete Sidwalk Demolition and Replacement 135.00 SF A18 Remove Existing Wastewater Manhole 1.00 EA A19 Remove and Replace 8" Wastewater Line (0'-6' 12.00 LF A20 8" C900 22.5 Long Sweep Bend 1.00 EA A21 Manhole 1 .00 EA A22 Tie-Existing Piping 1.00 EA A23 Tie-Existing Piping into Manhole 3.00 EA A25 JAdjustment of Esiting Electrical Junction Box & 2.00 EA L A26 Electrical Shut-Off Float for Pool Circulation Pum 1.00 BTOTAL PART A-GENERAL(Items Al thru A26) Part B-ADDITIVE ALTERNATE NO. 1 (per SECTION 0123 10 ALTERNATES AND ALLOWANCES) 131 Bonds/Insurance 1 .00 LS Bid Form Page 1 of 2 Oso Pool Mechanical Room Improvements Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT 62 Concrete Repair 1.00 LS SUBTOTAL PART B-ADDITIVE ALTERNATE NO. 1 (131 THRU 132) BID SUMMARY TOTAL PART A-GENERAL(Items Al thru A25) TOTAL PART B-ADDITIVE ALTERNATE NO. 1 (Items 131 thru 132) BASE BID TOTAL PROJECT PLUS ADD ALTERNATES NO. 1 Contract Times Bidder agrees to reach Substantial Completion in 1 45 Idays Bidder agrees to reach Final Completion in 1 75 Idays Bid Form Page 2 of 2 Oso Pool Mechanical Room Improvements Rev 01-13-2016 00 52 23 AGREEMENT This Agreement, for the Project awarded on [insert Award Date], is between the City of Corpus Christi (Owner) and (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Oso Pool Mechanical Room Improvements E17053 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Munoz Engineering 1608 S. Brownlee Blvd Corpus Christi, TX 78404 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza 4917 Holly Rd Bldg 5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 45 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 75 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 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 Conditions. Owner and Contractor also recognize the delays, expense, and difficulties Agreement 005223- 1 Oso Pool Mechanical Room Improvements Rev 06-22-2016 involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$500.00 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$250.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. 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 Oso Pool Mechanical Room Improvements 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 Oso Pool Mechanical Room Improvements 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 as may be necessary for proper Agreement 005223-4 Oso Pool Mechanical Room Improvements Rev 06-22-2016 financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services Agreement 005223-5 Oso Pool Mechanical Room Improvements Rev 06-22-2016 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 Oso Pool Mechanical Room Improvements Rev 06-22-2016 lis C U FMAC TASK ORDER AGREEMENT '��Ofl F^60 AnnSk This FACILITIES MULTIPLE AWARD CONTRACT TASK ORDER AGREEMENT (ORDER) is between the City of Corpus Christi, a Texas home-rule municipal corporation (CITY), acting through its duly authorized City Manager or designee, the Director of Engineering Services or City Engineer, and (CONTRACTOR), acting by and through its duly authorized representative, (Name), (Title). The parties agree as follows: 1. This ORDER is issued under the Facilities Multiple Award Contract Master Agreement signed on July 26, 2016, pursuant to Request For Proposals No. 2016-04. All terms and conditions of the Master Agreement pertain to this ORDER. 2. CONTRACTOR was selected for award of this ORDER under Request for Task Order Proposal (RFTOP) No. 3. CONTRACTOR shall construct and complete certain improvements in accordance with the attached Scope of Work, perform all work as provided in said Scope of Work, and do such additional work as may be considered necessary to complete the work in a satisfactory and acceptable manner (the 'Work"). The CITY reserves the right to make such changes in the Scope of Work and in the character of the work as may be necessary or desirable. Authorization for all changes must be made in writing. The CONTRACTOR shall furnish all labor, tools, material, machinery, equipment and incidentals necessary to the prosecution of the Work unless otherwise provided by the written terms of the Scope of Work. 4. The work described in the Task Order documents shall be completed within 45 Calendar Days of Notice To Proceed 5. 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 Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $500.00 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 $250.00 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 FNAC Agreement 0051 01 Oso Pool Mechanical Room Improvements E17053 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. 6. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 7. The Owner will determine whether the Work has been completed within the Contract Times. S. 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. 9. In consideration of the completion of the above-described Work, the CITY agrees to pay to CONTRACTOR the amount of DOLLARS AND /00 for City Project # E17053 Said payment shall be conditioned upon the acceptance of the work by the CITY as certified by its final inspection following the receipt of notice from the CONTRACTOR that the work is completed and ready for acceptance. Upon completion of work and before acceptance and final payment is made, the CONTRACTOR shall clean and remove from the work site all surplus and discarded materials, temporary structures and debris of every kind in order to leave the work site in a neat, orderly condition, equal to that which originally existed. The CONTRACTOR shall submit a notarized affidavit that bills for all labor, equipment, materials and supplies associated with the project have been paid before final payment is released. 10. All work shall be performed in a workmanlike manner and to the satisfaction of the CITY. The CITY shall determine the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the Work, sequence of construction and interpretation of the plans and specifications. 11. The CONTRACTOR agrees to provide Performance/Payment Bonds and insurance as required and outlined in the Task Order documents. 12. The CONTRACTOR shall, at all times, observe and comply with City, federal, state and county laws, ordinances or regulations which in any manner affect the conduct of the Work. The CONTRACTOR shall be responsible for procuring all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work, unless otherwise provided by the written terms of the plans and specifications. 13. This Agreement or the Work provided may not be assigned or subcontracted by CONTRACTOR without the written permission of the CITY. FNAC Agreement 0051 01 Oso Pool Mechanical Room Improvements E17053 IN WITNESS WHEREOF this Agreement is executed. CITY OF CORPUS CHRISTI CONTRACTOR: Jeff Edmonds, P.E. Company Director of Engineering Original Authorized Signature Date Print Name and Title Approved to Legal Form: Date Address Asst. City Attorney City, State, Zip Date Phone/Fax Email Funding Source FNAC Agreement 0051 01 Oso Pool Mechanical Room Improvements E17053 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. Oso Pool Mechanical Room Improvements E17053 Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Performance Bond 006113- 1 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113-2 Oso Pool Mechanical Room Improvements E17053 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. Oso Pool Mechanical Room Improvements E17053 Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form 006116- 1 Oso Pool Mechanical Room Improvements E17053 Rev.01-13-2016 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 Oso Pool Mechanical Room Improvements E17053 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 5.05.8. 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 7.09.8 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.B corrected if Contractor does not comply with the terms of OAR's instructions, or in an emergency where delay would cause serious risk of loss or damage. D. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to the correction of Defective Work are as set forth in Paragraph 7.14. E. The correction period starts to run from the date when a specific item of equipment or systems are placed in continuous beneficial use by Owner before Substantial Completion of Work if so provided in the Specifications or if accepted for beneficial use by the Owner. F. The correction period is extended for an additional period of 1 year for Defective Work corrected after the date of Substantial Completion or after the accepted date the correction period starts to run as described in Paragraph 15.08.E. This extended correction period starts to run when Defective Work has been satisfactorily corrected under this Paragraph 15.08. General Conditions 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 demo bilization/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 $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $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 E■ Required ❑ Not Required Insurance Requirements 00 72 01- 1 Oso Pool Mechanical Room Improvements E17053 Rev 06-22-2016 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to Insurance Requirements 00 72 01-2 Oso Pool Mechanical Room Improvements E17053 Rev 06-22-2016 meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; Insurance Requirements 00 72 01-3 Oso Pool Mechanical Room Improvements E17053 Rev 06-22-2016 f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard 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 Oso Pool Mechanical Room Improvements E17053 Rev 06-22-2016 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism;vehicle impact; aircraft; smoke; theft;vandalism and malicious mischief, mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations;water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by Insurance Requirements 00 72 01-5 Oso Pool Mechanical Room Improvements E17053 Rev 06-22-2016 endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable Insurance Requirements 00 72 01-6 Oso Pool Mechanical Room Improvements E17053 Rev 06-22-2016 property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.06 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 00 72 01-7 Oso Pool Mechanical Room Improvements E17053 Rev 06-22-2016 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out(redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi— Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project- includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted Insurance Requirements 00 72 01-8 Oso Pool Mechanical Room Improvements E17053 Rev 06-22-2016 directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; Insurance Requirements 00 72 01-9 Oso Pool Mechanical Room Improvements E17053 Rev 06-22-2016 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 00 72 01- 10 Oso Pool Mechanical Room Improvements E17053 Rev 06-22-2016 00 72 02 WAGE RATE REQUIREMENTS ARTICLE 1—PREVAILING WAGE RATE REQUIREMENTS 1.01 PAYMENT OF PREVAILING WAGE RATES A. Contractor and any Subcontractors employed on this Project shall pay not less than the rates established by the Owner as required by Texas Government Code Chapter 2258. B. Contractor is required to pay Davis-Bacon Wage Rates. 1.02 RECORDS A. In accordance with Tex. Gov't Code §2258.024, the Contractor and its Subcontractors, if any, shall keep a record showing: 1. The name and occupation of each worker employed by the Contractor or Subcontractor in the construction of the Work; and 2. The actual per diem wages paid to each worker. B. The record shall be open at all reasonable hours to inspection by the officers and agents of the Owner. 1.03 LIABILITY; PENALTY; CRIMINAL OFFENSE A. Tex. Gov't Code §2258.003— Liability: An officer, agent, or employee of the Owner is not liable in a civil action for any act or omission implementing or enforcing Chapter 2258 unless the action was made in bad faith. B. Tex. Gov't Code §2258.053(b)—Penalty: Any Contractor or Subcontractor who violates the requirements of Chapter 2258, shall pay to the Owner, on whose behalf the Contract is made, $60 for each worker employed or each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. C. Tex. Gov't Code §2258.058—Criminal Offense: 1. An officer, agent, or representative of the Owner commits an offense if the person willfully violates or does not comply with a provision of Chapter 2258. 2. Any Contractor or Subcontractor, or an agent or representative of the Contractor or Subcontractor, commits an offense if the person violates Tex. Gov't Code §2258.024. 3. An offense is punishable by: a. A fine not to exceed $500; b. Confinement in jail for a term not to exceed 6 months; or C. Both a fine and confinement. Wage Rate Requirements 007202- 1 Oso Pool Mechanical Room Improvements E17053 REV 06-12-2015 1.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: General Decision Number: TX170342 04/14/2017 TX342 Superseded General Decision Number: TX20160342 State: Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 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 $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 1 04/14/2017 * BOIL0074-003 01/01/2017 Rates Fringes BOILERMAKER. . . . . . . . . . . . . . . . . . . . . .$ 28.00 22.35 ---------------------------------------------------------------- ELECO278-002 08/28/2016 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 25.20 7.91 ---------------------------------------------------------------- ENGIO178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane. . . . . . . . . . . . .$ 29.00 10. 60 Wage Rate Requirements 007202- 2 Oso Pool Mechanical Room Improvements E17053 REV 06-12-2015 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above. . . . .$ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under. . . . . . . . . . . . . .$ 27.50 10.60 ---------------------------------------------------------------- IRON0084-011 06/01/2015 Rates Fringes IRONWORKER, ORNAMENTAL. . . . . . . . . . .$ 23.02 6.35 ---------------------------------------------------------------- SUTX2014-068 07/21/2014 Rates Fringes BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 20.04 0.00 CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.21 0.00 CEMENT MASON/CONCRETE FINISHER. . .$ 15.33 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) . . . . . . . . . . . . . . .$ 19.77 7.13 IRONWORKER, REINFORCING. . . . . . . . . .$ 12.27 0.00 IRONWORKER, STRUCTURAL. . . . . . . . . . .$ 22.16 5.26 LABORER: Common or General. . . . . .$ 9.68 0.00 LABORER: Mason Tender - Brick. . .$ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete. . . . . . . . . . . . . . . . . .$ 10.58 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 12.49 2.13 LABORER: Roof Tearoff. . . . . . . . . . .$ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe. . . . . . .$ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader. . . . . . . . . . . . . . . .$ 13.93 0.00 OPERATOR: Bulldozer. . . . . . . . . . . . .$ 18.29 1.31 OPERATOR: Drill. . . . . . . . . . . . . . . . .$ 16.22 0.34 OPERATOR: Forklift. . . . . . . . . . . . . .$ 14.83 0.00 OPERATOR: Grader/Blade. . . . . . . . . .$ 13.37 0.00 OPERATOR: Loader. . . . . . . . . . . . . . . .$ 13.55 0. 94 Wage Rate Requirements 007202-3 Oso Pool Mechanical Room Improvements E17053 REV 06-12-2015 OPERATOR: Mechanic. . . . . . . . . . . . . .$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 16.03 0.00 OPERATOR: Roller. . . . . . . . . . . . . . . .$ 12.70 0.00 PAINTER (Brush, Roller, and Spray) . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14.45 0.00 PIPEFITTER. . . . . . . . . . . . . . . . . . . . . . .$ 25.80 8.55 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 25.64 8.16 ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 13.75 0.00 SHEET METAL WORKER (HVAC Duct Installation Only) . . . . . . . . . . . . . . .$ 22.73 7.52 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . .$ 21.13 6.53 TILE FINISHER. . . . . . . . . . . . . . . . . . . .$ 11.22 0.00 TILE SETTER. . . . . . . . . . . . . . . . . . . . . .$ 14.74 0.00 TRUCK DRIVER: Dump Truck. . . . . . . .$ 12.39 1.18 TRUCK DRIVER: Flatbed Truck. . . . .$ 19.65 8.57 TRUCK DRIVER: Semi-Trailer Truck. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.50 0.00 TRUCK DRIVER: Water Truck. . . . . . .$ 12.00 4.11 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- 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 Wage Rate Requirements 007202-4 Oso Pool Mechanical Room Improvements E17053 REV 06-12-2015 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) ) . ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Wage Rate Requirements 007202-5 Oso Pool Mechanical Room Improvements E17053 REV 06-12-2015 Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator Wage Rate Requirements 007202-6 Oso Pool Mechanical Room Improvements E17053 REV 06-12-2015 (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- END OF GENERAL DECISION END OF SECTION Wage Rate Requirements 007202-7 Oso Pool Mechanical Room Improvements E17053 REV 06-12-2015 00 72 03 MINORITY/ MBE / DBE PARTICIPATION POLICY ARTICLE 1—PARTICIPATION POLICY 1.01 POLICY A. It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities,women, and Minority Business Enterprises (MBE) to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October 1989, and any amendments thereto. In accordance with such policy,the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 1.02 DEFINITIONS A. Prime Contractor: Any person, firm, partnership, corporation, association, or joint venture as herein provided which has been awarded a City contract. B. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials, or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned: a. For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. b. For an enterprise doing business as a partnership, at least 51 percent of the assets or interest in the partnership property must be owned by one or more minority person(s). 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 Oso Pool Mechanical Room Improvements E17053 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: Ajoint 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 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 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 To install new drainage lines, allowing for the redirection of overflow and improving drainage issues during the pool backwashing process.The implementation of the design alleviates the inefficiency of the current drainage issues with the sump pit,which has resulted in extensive damage to the electrical system and has created an imminent safety hazard. A. Work is described in general, non-inclusive terms as: 1. Sump Pit Repairs to include boring thru Mechanical Room wall and installing 8" C900 PVC line that will host a 4" PVC overflow line and two 2" PVC drain lines. Installation of two new submersible pumps acting as a LOW/ HIGH float limits. This 8* line will drain into new manhole. Making terminations electrically and mechanically. See sheet 6._Demo of existing manhole, install new manhole and make terminations to pipes. This includes the installation of 8" Sewer Main and tie-ins Install 22.5° Long Sweep Bend fitting. See sheet 6. Adjust electrical junction boxes and plugs. Increase the height of existing boxes and plugs to the height is specified in the drawings. Install new electrical shut-off Float Control device for Circulation Pump. 2. Concrete Repairs are to include but not limited to the repair sections of concrete falling from existing concrete walls &ceiling. Existing rebar will be grinded down, exposing raw metal on rebar. New rebar will be splice welded into place and primed. New Non-Shrinking grout will applied placed in the void. See sheet 8. 4-.0-3 \ANIDV 1 IAI-PER 11THER GGAITIRACTS YT Summary of Work 011100- 1 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 spe eifie d nodes+, pes 4-.94 �ninov Qv nAninlro -1-. 1 a..+c„ ,.w ,.+ ified spee , 1.05 CONSTRUCTION OF UTILITIES A. Pay for temporary power, including but not limited to construction cost, meter connection fees, and permits. 1.06 USE PRIOR TO FINAL COMPLETION A. Owner has the right to use or operate any portion of the Project that is ready for use after notifying the Contractor of its intent to do so. B. The execution of Bonds is understood to indicate the consent of the surety to these provisions for use of the Project. C. Provide an endorsement from the insurance carrier permitting use of Project during the remaining period of construction. D. Conduct operations to insure the least inconvenience to the Owner and general public. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Summary of Work 011100-2 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. Alternates: 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate, and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option of the Owner. 5. Owner may incorporate these alternates in the Contract when executed, or may issue a Change Order to incorporate these alternates within 120 days at the prices offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days or other designated time period to negotiate a new price for incorporating the Work into the Project. B. Allowances: 1. Include specified allowance amount in the Contract Price. 2. The amount of each allowance includes: a. The cost of the product to the Contractor less any applicable trade discounts. b. Delivery to the Site. c. Applicable taxes. 3. Include in the Contract Price all costs for: a. Handling at the Site, including unloading, uncrating, and storage per SECTION 01 3100 PROJECT MANAGEMENT AND COORDINATION. b. Cost for labor and equipment for installation and finishing. c. Cost for related products not specifically listed in the allowance required for installation, including consumable supplies and materials. d. All overhead, profit, and related costs. 4. Assist Owner in the selection of products. a. Identify qualified Suppliers. b. Obtain bids from qualified Suppliers. C. Present available alternates to the Owner through the OAR. Notify OAR of: 1) Any objections to a particular Supplier or product. Alternates and Allowances 012310- 1 Oso Pool Mechanical Room Improvements E17053 11-25-2013 2) Effect on the Construction Schedule anticipated by the selection of each option. 3) Cost of each option. S. 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. Alternate A—CONCRETE REPAIRS: 1. Remove & repair areas of concrete sections on walls and ceiling that have major cracks and or falling from ceiling. 4,94 nrcroIPTlnnl Q AI I nVniAnlrrc A, AllevOi-apee A. [Tifle of allew-RoaRc-ea as at appeaFS an the Bad POM]i Ther of[$II.QQI to be H e d fee the p ..-b ase of[de6GFiPti. R Of-.II.,...-.. ce htQF,l 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Alternates and Allowances 012310-2 Oso Pool Mechanical Room Improvements E17053 11-25-2013 01 29 00 APPLICATION FOR PAYMENT PROCEDURES 1.00 GENERAL 1.01 WORK INCLUDED A. Submit Applications for Payment for completed Work and for materials and equipment in accordance with the General Conditions, the Supplementary Conditions, the Agreement, and this Section. The Contract Price is to include costs for: 1. Providing the Work in accordance with the Contract Documents; 2. Installing Owner furnished equipment and materials; 3. Providing Work for Alternates and Allowances; 4. Commissioning, start-up, training and initial maintenance and operation; 5. Acceptance testing in manufacturer's facilities or on Site; 6. All home office overhead costs and expenses, including profit made directly or indirectly for the Project; 7. Project management, Contract administration, field office, and field operations staff, including supervision, clerical support, and technology system support; 8. Professional services including design fees, legal fees, and other professional services; 9. Bonds and insurance; 10. Permits, licenses, patent fees, and royalties; 11. Taxes; 12. Providing all documents and Samples required by the Contract Documents; 13. Facilities and equipment at the Site including: a. Field offices, office furnishings, and all related office supplies, software, and equipment, b. Storage facilities for Contractor's use, storage facilities for stored materials and equipment, including spare parts storage, c. Shops, physical plant, construction equipment, small tools, vehicles,technology and telecommunications equipment, d. Safety equipment and facilities to provide safe access and working conditions for workers and for others working at the Site, e. Temporary facilities for power and communications, f. Potable water and sanitation facilities, and g. Mobilization and demobilization for all of these facilities and equipment; 14. Products, materials, and equipment stored at the Site or other suitable location; 15. Products, materials, and equipment permanently incorporated into the Project; Application for Payment Procedures 012900- 1 Oso Pool Mechanical Room Improvements E17053 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 Oso Pool Mechanical Room Improvements E17053 03-11-2015 1.02 SCHEDULE OF VALUES A. Submit a detailed Schedule of Values for the Work at least 10 days prior to submitting the first Application for Payment. B. Submit the Schedule of Values in the form for Attachment A-Tabulation of Earned Value of Original Contract Performed. C. Do not submit an Application for Payment until the Schedule of Values has been approved by the OAR. D. Use each unit price line item in the Agreement as a unit price line item in the Schedule of Values. E. Divide lump sum line items, including Subcontractor and Supplier amounts in the Schedule of Values into smaller components to allow more accurate determination of the earned value for each item. 1. Provide adequate detail to allow a more accurate determination of the earned value expressed as a percentage of Work completed for each item. 2. Line items may not exceed $50,000.00, unless they are for products, materials, or equipment permanently incorporated into the Project that cannot be subdivided into units or subassemblies. 3. Lump sum items may be divided into an estimated number of units to determine earned value. a. The estimated number of units times the cost per unit must equal the lump sum amount for that line item. b. Contractor will receive payment for the lump sum for the line item, regardless of the number of units installed, unless an adjustment is made by Change Order. 4. Include Contractor's overhead and profit in each line item in proportion to the value of the line item to the Contract Price. 5. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price for each item. 6. These line items may be used to establish the value of Work to be added or deleted from the Project. 7. The sum of all values listed in the schedule must equal the total Contract Price. F. Subdivide each line item in the Schedule of Values into two payment components. The first component is the direct cost for products, materials, and equipment permanently incorporated into the Project. The second component is all other cost associated with the item in the Agreement. The sum of the two components must equal the value of the line item in the Schedule of Values. G. Where a percentage of the line value is allowed 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 Oso Pool Mechanical Room Improvements E17053 03-11-2015 1.03 SCHEDULE OF ANTICIPATED PAYMENTS AND EARNED VALUE A. Submit a schedule of the anticipated Application for Payments showing the application numbers, submission dates, and the anticipated amount to be requested. Incorporate retainage into the development of this schedule of anticipated payments. B. Submit a tabulation of the anticipated Total Earned Value of Fees, Work, and Materials to create a graphic (curve) representation of the anticipated progress on the Project each month. Adjust this table and curve to incorporate Modifications. Use this curve to compare actual progress on the Project each month by comparing the anticipated cumulative Total Earned Value of Fees, Work, and Materials to the actual Total Earned Value of Fees, Work, and Materials each month. Use the comparison of values to determine performance on budget and schedule. C. Update the Schedule of Payments as necessary to provide a reasonably accurate indication of the funds required to make payments each month to the Contractor for Work performed. 1.04 BASIS FOR PAYMENTS A. Lump Sum Contracts: 1. Payment will be made for the earned value of Work completed during the payment period expressed as a percentage of Work completed for each line item during the payment period per the Contract Documents. 2. Payment amount is the value of Work completed per the Contract Documents multiplied by the percentage of Work completed. 3. Payment for lump sum items divided into an estimated number of units to determine earned value per Paragraph 1.02.E.3 will be made for the measured number of units. 4. Payment for stored materials and equipment will be made per Paragraph 1.05. B. Unit Price Contracts: 1. Payment will be made for the actual quantity of Work completed during the payment period and for materials and equipment stored during the payment period per the Contract Documents. a. Payment amount is the Work quantity measured per the Contract Documents multiplied by the unit prices for that line item in the Agreement. b. Payment for stored materials and equipment will be made per Paragraph 1.05. 2. Measure the Work described in the Agreement for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. 1.05 PAYMENT FOR STORED MATERIALS AND EQUIPMENT. A. Store materials and equipment properly at the Site. Application for Payment Procedures 012900-4 Oso Pool Mechanical Room Improvements E17053 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 Oso Pool Mechanical Room Improvements E17053 03-11-2015 B. Reduce payments for set-offs per the General Conditions. Include Attachment C— Tabulation of Set-Offs in the Application for Payment. 1.08 PROCEDURES FOR SUBMITTING AN APPLICATION FOR PAYMENT A. Submit a draft Application for Payment to the OAR each month at least 20 days before the date established in the Agreement for Owner to make progress payments. Do not submit Applications for Payment more often than monthly. Review the draft Application for Payment with the OAR to determine concurrence with: 1. The earned value for each lump sum item including the value of properly stored and documented materials and equipment for each item in the original Contract. 2. The quantity of Work completed for each unit price item. 3. Set-offs included in the Application for Payment. 4. Values requested for materials and equipment consistent with invoices for materials and equipment. B. Submit Applications for Payment monthly through the OAR after agreement has been reached on the draft Application for Payment. 1. Number each application sequentially and include the dates for the application period. 2. Show the total amounts for earned value of original Contract performed, earned value for Work on approved Contract Amendments and Change Orders, retainage, and set- offs. Show total amounts that correspond to totals indicated on the attached tabulation for each. 3. Include Attachment A to show the earned value on each line item in the Schedule of Values for Work shown in the original Contract. 4. Include Attachment B to show the earned value on line item for approved Change Orders. Add items to Attachment B as Change Orders are approved. Change Orders must be approved before payment can be made on Change Order items. 5. Include Attachment C to document set-offs required per the Contract Documents. Show each set-off as it is applied. Show a corresponding line item to reduce the Set off amount if a payment held by a set-off is released for payment. 6. Include Attachment D to allow tracking of invoices used to support amounts requested as materials in Attachments A and B. Enter materials to show the amount of the invoice assigned to each item in Attachment A or B if an invoice includes materials used on several line items. 7. Complete the certification stating that all Work, including materials and equipment, covered by this Application for Payment have been completed or delivered and stored in accordance with the Contract Documents, that all amounts have been paid for Work, materials, and equipment for which previous payments have been made by the Owner, and that the current payment amount shown in this Application for Payment is now due. Application for Payment Procedures 012900-6 Oso Pool Mechanical Room Improvements E17053 03-11-2015 C. Submit attachments in Portable Document Format (PDF): 1. Generate attachments to the Application for Payment using the Excel spreadsheet provided. 2. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. 1.09 RESPONSIBILITY OF OWNER'S AUTHORIZED REPRESENTATIVE A. OAR will review draft Application for Payment with Contractor to reach an agreement on the values that will be recommended for payment by the OAR. B. OAR will review Application for Payment submitted by Contractor to determine that the Application for Payment has been properly submitted and is in accordance with the agreed to draft Application for Payment. C. OAR is to either recommend payment of the Application for Payment to Owner or notify the Contractor of the OPT's reasons for not recommending payment. Contractor may make necessary corrections and resubmit the Application for Payment if it is not recommended within 10 days after receipt of the notice. OAR will review resubmitted Application for Payment and reject or recommend payment of the Application for Payment to Owner as appropriate. D. OAR's recommendation of the Application for Payment constitutes a representation by OPT that based on their experience and the information available: 1. The Work has progressed to the point indicated; 2. The quality of the Work is generally in accordance with the Contract Documents; and 3. Requirements prerequisite to payment have been met. E. This representation is subject to: 1. Further evaluation of the Work as a functioning whole; 2. The results of subsequent tests called for in the Contract Documents; or 3. Any other qualifications stated in the recommendation. F. OPT does not represent by recommending payment: 1. Inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work; or 2. Other matters or issues between the parties that might entitle Contractor to additional compensation or entitle Owner to withhold payment to Contractor may or may not exist. G. Neither OPT's review of Contractor's Work for the purposes of recommending payments nor OAR's recommendation of payment imposes responsibility on OPT: 1. To supervise, direct, or control the Work; Application for Payment Procedures 012900-7 Oso Pool Mechanical Room Improvements E17053 03-11-2015 2. For the means, methods,techniques, sequences, or procedures of construction, or safety precautions and programs; 3. For Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work; 4. To make examinations to ascertain how or for what purposes Contractor has used the monies paid on account of the Contract Price; or 5. To determine that title to the Work, materials, or equipment has passed to Owner free and clear of Liens. 1.10 FINAL APPLICATION FOR PAYMENT A. Include adjustments to the Contract Price in the final Application for Payment for: 1. Approved Change Orders and Contract Amendments, 2. Allowances not previously adjusted by Change Order, 3. Deductions for Defective Work that has been accepted by the Owner, 4. Penalties and bonuses, 5. Deductions for liquidated damages, 6. Deduction for all final set-offs, and 7. Other adjustments if needed. B. OAR will prepare a final Change Order reflecting the approved adjustments to the Contract Price which have not been covered by previously approved Change Orders and if necessary reconcile estimate unit price quantities with actual quantities. C. Submit the final Application for Payment per the General Conditions, including the final Change Order. Provide the following with the Final Application for Payment: 1. Evidence of payment or release of liens on the forms provided and as required by the General Conditions. 2. Consent from Surety to Final Payment. 1.11 PAYMENT BY OWNER A. Owner is to pay the amount recommended for monthly payments within 30 days after receipt of the OAR's recommended Application for Payment. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Application for Payment Procedures 012900-8 Oso Pool Mechanical Room Improvements E17053 03-11-2015 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT 1.00 GENERAL $-94 ,MEASREM ENT AND BASIS noVIENTSON LUMP SUM ITEMS lui:Hp sui:H payi2HeRt itei:Hs. lAr--h-ide all d-irec-A c.est fA-.r the Werk assereated with that 16114;p A-n Wool 1C- T1nn1 Pno PAYMEnlT oonrGnl loFc fey- Gh I i; p s + IRG.1 ide G„S+ R„+ speG f 1RG+ er@I s ystei2H the I ui:Hp crrTlnnl n4 29nn nPo1 1C- T1nn1 PP—R. PAAM—FnIT P.R. lore D-..,meHt at CiRal Gei:,pletieH ,411 be e 1 to+he to-t-41 IHF:Hp sHm 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 Note to Specifier: Include a description for each line item in the Bid Form. Include the exact item number and description as in the Bid Form in this Section. A. Bid Item A-1 Mobilization/Bonds/Insurance/Permit: 1. Include the following costs in this Bid item: a. Bonds and insurance; b. Transportation and setup for equipment; c. Transportation and/or erection of all field offices, sheds, Owner provided Signage, and storage facilities; d. Salaries for preparation of documents required before the first Application for Payment; Measurement and Basis for Payment 012901- 1 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 e. Salaries for field personnel assigned to the Project related to the mobilization of the Project; f. Demobilization; and g. Mobilization may not exceed 5 percent of the total Contract Price. 2. Measuring for payment is on a lump sum basis. Payment for mobilization will be based on the earned value of Work completed. a. 1-LS B. Bid Item A-2 Sump Pump - 1 HP Single-Phase (150 GPM) Submersible: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 2 - EA C. Bid Item A-3 Sump Pump Electrical: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 1 -LS D. Bid Item A-4 Sump Improvements: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 1 - LS E. Bid Item A-5 2" PVC Schedule 40 Piping: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 70 LF F. Bid Item A-6 4" PVC Schedule 40 Piping: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 8 LF G. Bid Item A-7 2" Check Valve: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 4-EA H. Bid Item A-8 4" Check Valve: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 2-EA Measurement and Basis for Payment 012901-2 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 I. Bid Item A-9 8" C900 PVC: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 40 LF J. Bid Item A-10 Trash Guard "FRP Trash Grate" 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 1 - LS K. Bid Item A-11 Tunnel Protection: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 1 - LS L. Bid Item A-12 Tunnel Excavation and Compaction: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 1 - LS M. Bid Item A-13 Wall Penetration and Waterproofing: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 1 - LS N. Bid Item A-14 Tie-to Existing Wastewater Line: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 2 - EA O. Bid Item A-15 Manhole: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 1 - EA P. Bid Item A-16 Waterline Adjustment: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 30 LF Measurement and Basis for Payment 012901-3 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 Q. Bid Item A-17 Concrete Sidewalk Demolition and Replacement: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 135 SF R. Bid Item A-18 Remove Existing Wastewater Manhole 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 1 - LS S. Bid Item A-19 Remove and Replace 8" Wastewater Line (0'-6' Depth) (use C900 PVC): 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 12 LF T. Bid Item A-20 8" C900 22.5 Long Sweeping Bend: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 1 EA U. Bid Item A-21 Manhole: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 1 EA V. Bid Item A-22: Tie-Existing Piping: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 1 EA W. Bid Item A-23: Tie-Existing Piping into Manhole 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form 2. 3 EA X. Bid Item A-24 Adjustment of Existing Electrical Junction Boxes & Plugs 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 2 EA Y. Bid Item A-25 Electrical Shut-Off Float for Pool Circulation Pump 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 1 EA Measurement and Basis for Payment 012901-4 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 1.04 MEASUREMENT AND BASIS FOR PAYMENT FOR ALTERNATES AND ALLOWANCES A. Add Alternate Bid Item B-1 Bonds/Insurance 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 1 - LS B. Add Alternate Bid Item B-2 Concrete Repair: 1. Measurement and basis for payment shall be as described in Section 00 30 01 BID form. 2. 1 - LS 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment 012901-5 Oso Pool Mechanical Room Improvements E17053 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 Ar b ildiRg p milt fees - .,.J el d-e this Best i., the Ge—Atrarst Pies„ B. Obtain environmental permits required for construction at the Site. C. Provide required permits for transporting heavy or oversized loads. D. Provide other permits required to conduct any part of the Work. E. Arrange for inspections and certification by agencies having jurisdiction over the Work. F. Make arrangements with private utility companies and pay for fees associated with obtaining services, or for inspection fees. G. Retain copies of permits and licenses at the Site and observe and comply with all regulations and conditions of the permit or license. Project Management and Coordination 013100- 1 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 1.05 SAFETY REQUIREMENTS A. Manage safety to protect the safety and welfare of persons at the Site. B. Provide safe access to move through the Site. Provide protective devices to warn and protect from hazards at the Site. C. Provide safe access for those performing tests and inspections. D. Comply with latest provisions of the Occupational Health and Safety Administration and other Laws and Regulation. E. Cooperate with accident investigations. Provide two copies of all reports, including insurance company reports, prepared concerning accidents, injury, or death related to the Project to the OAR as Record Data per SECTION 0133 03 RECORD DATA. 1.06 ACCESS TO THE SITE A. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe access for normal operations during construction. B. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding, and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections. C. Use roadways for construction traffic only with written approval of the appropriate representatives of each entity. Roadways may not be approved for construction traffic. Obtain written approval to use roads to deliver heavy or oversized loads to the Site. Furnish copies of the written approvals to the Owner as Record Data per SECTION 0133 03 RECORD DATA. 1.07 CONTRACTOR'S USE OF SITE A. Limit the use of Site for Work and storage to those areas designated on the Drawings or approved by the OAR. Coordinate the use of the premises with the OAR. B. Provide security at the Site as necessary to protect against vandalism and loss by theft. C. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply. D. Park construction equipment in designated areas only and provide spill control measures as discussed in SECTION 0157 00 TEMPORARY CONTROLS. E. Park employees' vehicles in designated areas only. F. Obtain written permission of the Owner before entering privately-owned land outside of the Owner's property, rights-of-way, or easements. G. Do not allow the use of audio devices, obnoxious,vulgar or abusive language, or sexual harassment in any form. These actions will cause immediate and permanent removal of the offender from the premises. Criminal or civil penalties may apply. Project Management and Coordination 013100-2 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 H. Require Workers to wear clothing that is inoffensive and meets safety requirements. Do not allow sleeveless shirts, shorts, exceedingly torn, ripped, or soiled clothing to be worn on the Project. I. Do not allow firearms or weapons of any sort to be brought on to the Site under any conditions. No exception is to be made for persons with concealed handgun permits. Remove any firearms or weapons and the person possessing these firearms or weapons immediately from the Site. 1.08 PROTECTION OF EXISTING STRUCTURES AND UTILITIES A. Examine the Site and review the available information concerning the Site. Locate utilities, streets, driveways,fences, drainage structures, sidewalks, curbs, and gutters. Verify the elevations of the structures adjacent to excavations. Report any discrepancies from information in the Contract Documents to the OAR before beginning construction. B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action per SECTION 0135 00 SPECIAL PROCEDURES. Coordinate Work with local utility company and others for the relocation or replacement. C. Protect buildings, utilities, street surfaces, driveways, sidewalks, curb and gutter,fences, wells, drainage structures, piping, valves, manholes, electrical conduits, and other systems or structures unless they are shown to be replaced or relocated on the Drawings. Restore damaged items to the satisfaction of the OPT and utility owner. D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless required by the Contract Documents or approved by the OAR. Notify and cooperate with the utility owner if it is necessary to move services, poles,guy wires, pipelines, or other obstructions. E. Protect existing trees and landscaping at the Site. 1. Identify trees that may be removed during construction with OPT. 2. Mark trees to be removed with paint. 3. Protect trees to remain from damage by wrapping trunks with 2 x 4 timbers around the perimeter, securely wired in place, where machinery must operate around existing trees. Protect branches and limbs from damage by equipment. 4. Protect root zone from compaction. The requirement to conduct pre-construction exploratory excavations is optional and should be included at the recommendation of the Design Professional and the discretion of the Proiect Manager. If used,it needs a special bid item in the Bid Form. If not used, add the wording"Not Applicable" after the heading. 1.09 PRE-CONSTRUCTION EXPLORATORY EXCAVATIONS A. Excavate and expose existing pipelines that cross within 20 feet of Project pipelines prior to any Work. Survey the line to determine its exact vertical and horizontal location at each point the existing pipeline may potentially conflict with the Work. Project Management and Coordination 013100-3 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 B. Excavate and expose existing parallel pipelines at 300 feet intervals (maximum)for existing pipelines which are within 10 feet of Project pipelines. Survey the line to determine its exact vertical and horizontal location at each point where the line is excavated and exposed. C. Prepare a Plan of Action per SECTION 0135 00 SPECIAL PROCEDURES indicating the owner of pipelines excavated and surveyed and all pertinent survey data, including the station where lines cross or conflicts may exist and the distance to the pavement centerline and elevations of the top of existing pipelines. D. Do not perform Work on the Project until all exploratory excavations have been completed and the Plan of Action has been approved by the Designer. E. Include the cost for these pre-construction exploratory excavations in the unit price for pipe construction. Pavement repairs associated with exploratory excavations will be paid for at the unit prices for pavement repair. 1.10 DISRUPTION TO SERVICES/CONTINUED OPERATIONS A. Existing facilities are to continue in service as usual during the construction unless noted otherwise. Owner or utilities must be able to operate and maintain the facilities. Keep disruptions to existing utilities, piping, process piping, or electrical services to a minimum. 1. Do not restrict access to critical valves or operators. 2. Limit operations to the minimum amount of space needed to complete the specified Work. 3. Maintain storm sewers and sanitary sewers in service at all times. Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not restricted. B. Provide a Plan of Action in accordance with SECTION 0135 00 SPECIAL PROCEDURES if facilities must be taken out of operation. 1.11 FIELD MEASUREMENTS A. Perform complete field measurements prior to purchasing products or beginning construction for products required to fit existing conditions. B. Verify property lines, control lines,grades, and levels indicated on the Drawings. C. Check Shop Drawings and indicate the actual dimensions available where products are to be installed. D. Include field measurements in Record Drawings as required in SECTION 01 31 13 PROJECT COORDINATION. 1.12 REFERENCE DATA AND CONTROL POINTS A. The OPT will provide the following control points: 1. Base line or grid reference points for horizontal control. 2. Benchmarks for vertical control. Project Management and Coordination 013100-4 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 B. Locate and protect control points prior to starting the Work and preserve permanent reference points during construction. Designated control points may be on an existing structure or monument. Do not change or relocate points without prior approval of the OAR. Notify OAR when the reference point is lost, destroyed, or requires relocation. Replace Project control points on the basis of the original survey. C. Provide complete engineering layout of the Work needed for construction. 1. Provide competent personnel. Provide equipment including accurate surveying instruments, stakes, platforms,tools, and materials. 2. Provide surveying with accuracy meeting the requirements established for Category 5 Construction Surveying as established in the Manual of Practice of Land Surveying in Texas published by the Texas Society of Professional Surveyors, latest revision. 3. Record Data and measurements per standards. 1.13 DELIVERY AND STORAGE A. Deliver products and materials to the Site in time to prevent delays in construction. B. Deliver packaged products to Site in original undamaged containers with identifying labels attached. Open cartons as necessary to check for damage and to verify invoices. Reseal cartons and store properly until used. Leave products in packages or other containers until installed. C. Assume full responsibility for the protection and safekeeping of products stored at the Site. D. Store products at locations acceptable to the OAR and to allow Owner access to maintain and operate existing facilities. E. Store products in accordance with the Supplier's storage instructions immediately upon delivery. Leave seals and labels intact. F. Provide additional storage areas as needed for construction. Store products subject to damage by elements in substantial weather-tight enclosures or storage sheds. Provide and maintain storage sheds as required for the protection of products. Provide temperature, humidity control, and ventilation within the ranges stated in the Supplier's instructions. Remove storage facilities at the completion of the Project. G. Protect the pipe interior. Keep all foreign materials such as dirt, debris, animals, or other objects out of the pipe during the Work. Cap or plug ends of installed pipe in an approved manner when pipe is not being installed. Clean or wash out pipe sections that become contaminated before continuing with installation. Take precautions to prevent the pipe from floating or moving out of the proper position during or after laying operations. Immediately correct any pipe that moves from its correct position. H. Provide adequate exterior storage for products that may be stored out-of-doors. 1. Provide substantial platforms, blocking, or skids to support materials and products above ground which has been sloped to provide drainage. Protect products from soiling or staining. Project Management and Coordination 013100-5 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 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. 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. Project Management and Coordination 013100-6 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 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. 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. Project Management and Coordination 013100-7 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 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. 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. Project Management and Coordination 013100-8 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 Note to Specifier: The information in the table below should be reviewed and updated as necessary for each prosect. C. For the Contractor's convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 Project Engineer 361-826-3781 Munoz Engineering 361-946-4848 Traffic Engineering 361-826-3547 Police Department 361-882-2600 361-826-1800 Water/Wastewater/Storm Water 361-826-1818 (after hours) 361-885-6900 Gas Department 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 800-824-4424(after hours) Grande Communications 254-379-4400 Time Warner Communications 361-857-5086 Crown Castle Communications 1-888-632-0931 Century Tel 361-883-3000 W i ndstrea m 844-571-2877 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-886-9005 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Project Management and Coordination 013100-9 Oso Pool Mechanical Room Improvements E17053 Rev 01-13-2016 01 31 14 CHANGE MANAGEMENT 1.00 GENERAL 1.01 REQUESTS FOR CHANGE PROPOSAL A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 1.02 to the Designer for evaluation by the OPT. 1.02 CHANGE PROPOSALS A. Submit a Change Proposal (CP)to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outline in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Change Management 013114- 1 Oso Pool Mechanical Room Improvements E17053 11-25-2013 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 13 of the General Conditions for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with SECTION 0133 02 SHOP DRAWINGS. 1.03 DESIGNER WILL EVALUATE THE REQUEST FOR A MODIFICATION. A. Designer will issue a Modification per the General Conditions if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. 1.04 EQUAL NON SPECIFIED PRODUCTS A. The products of the listed Suppliers are to be furnished where Specifications list several manufacturers but do not specifically list "or equal" or"or approved equal" products. Use of any products other than those specifically listed is a substitution. Follow the procedures in Paragraph 1.05 for a substitution. B. Contractor may submit other manufacturers' products that are in full compliance with the Specification where Specifications list one or more manufacturers followed by the phase "or equal" or "or approved equal." 1. Submit a Shop Drawing as required by SECTION 0133 02 SHOP DRAWINGS to document that the proposed product is equal or superior to the specified product. 2. Prove that the product is equal. It is not the OPT's responsibility to prove the product is not equal. Change Management 013114-2 Oso Pool Mechanical Room Improvements E17053 11-25-2013 a. Indicate on a point by point basis for each specified feature that the product is equal to the Contract Document requirements. b. Make a direct comparison with the specified manufacturer's published data sheets and available information. Provide this printed material with the Shop Drawing. c. The decision of the Designer regarding the acceptability of the proposed product is final. 3. Provide a typewritten certification that, in furnishing the proposed product as an equal, the Contractor: a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified. b. Has determined that the product will perform in the same manner and result in the same process as the specified product. c. Will provide the same warranties and/or bonds as for the product specified. d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional Work which may be necessary to incorporate the product into the Project which may subsequently become apparent. e. Will maintain the same time schedule as for the specified product. 4. A Change Proposal is not required for any product that is in full compliance with the Contract Documents. If the product is not in full compliance, it may be offered as a Substitution. 1.05 SUBSTITUTIONS A. Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product. Submit a Change Proposal per Paragraph 1.02 along with a Shop Drawing as required by SECTION 0133 02 SHOP DRAWINGS to request approval of a substitution. B. Prove that the product is acceptable as a substitute. It is not the Designer's responsibility to prove the product is not acceptable as a substitute. 1. Indicate on a point by point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents requirements. 2. Make a direct comparison with the specified Suppliers published data sheets and available information. Provide this printed material with the documents submitted. 3. The decision of the Designer regarding the acceptability of the proposed substitute product is final. C. Provide a written certification that, in making the substitution request, the Contractor: 1. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product. Change Management 013114-3 Oso Pool Mechanical Room Improvements E17053 11-25-2013 2. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the manufacturer of the specified product. 3. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the Project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent. 4. Will maintain the same time schedule as for the specified product. D. Pay for review of substitutions in accordance with SECTION 0133 02 SHOP DRAWINGS. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Change Management 013114-4 Oso Pool Mechanical Room Improvements E17053 11-25-2013 01 33 00 DOCUMENT MANAGEMENT 1.00 GENERAL 1.01 WORK INCLUDED A. Submit documentation as required by the Contract Documents and as reasonably requested by the OPT. 1.02 QUALITY ASSURANCE A. Submit legible, accurate, complete documents presented in a clear, easily understood manner. Documents not meeting these criteria will be returned without review. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Review documents prior to submitting. Make certifications as required by the Contract Documents and as indicated on forms provided. B. Provide a Schedule of Documents to list the documents that are to be submitted, the dates on which documents are to be sent to the Designer for review, and proposed dates that documents must be returned to comply with the Project schedule. Use the form provided for this list. C. Incorporate the dates for processing documents into the Progress Schedule required by SECTION 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. 1.04 DOCUMENT SUBMITTAL PROCEDURES A. Submit documents through the Designer. Send all documents in digital format for processing. 1. Provide all information requested with a completed Document Transmittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. 2. The Document Transmittal form is to be the first page in the document submitted. 3. Submit all documents in Portable Document Format (PDF). Document Management 013300- 1 Oso Pool Mechanical Room Improvements E17053 11-25-2013 a. Create PDF document using Bluebeam Revu software or other compatible software that will create files that can be opened and annotated using Bluebeam Revu software. b. Create PDF documents from native format files unless files are only available from scanned documents. C. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. d. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. e. Submit color PDF documents where color is required to interpret the document. f. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. 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. 1.05 DOCUMENT NUMBERING A. Assign a number to the documents originated to allow tracking of the documents during the review process. 1. Assign the number consisting of a prefix, a sequence number, and a letter suffix. Prefixes shall be as follows: Prefix Description Originator AP Application for Payment Contractor CO Change Order OAR CP Change Proposal Contractor CTR Certified Test Report Contractor FO Field Order OAR NBC Notification by Contractor Contractor PD Photographic Documentation Contractor RCP Request for a Change Proposal OAR RD Record Data Contractor RFI Request for Information Contractor SD Shop Drawing Contractor Document Management 013300-2 Oso Pool Mechanical Room Improvements E17053 11-25-2013 Prefix Description Originator SCH Schedule of Progress Contractor 2. Issue sequence numbers in chronological order for each type of document. 3. Issue numbers for resubmittals that have the same number as the original document followed by an alphabetical suffix indicating the number of times the same document has been sent to the Designer for processing. For example: SD 025 A represents Shop Drawing number 25 and the letter"A" designates that this is the second time this document has been sent for review. 4. Clearly note the document number on each page or sheet of the document. 5. Correct assignment of numbers is essential since different document types are processed in different ways. B. Include reference the Drawing number and/or Specification Section, detail designation, schedule, or location that corresponds with the data on the document transmittal forms. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. 1.06 DOCUMENT REQUIREMENTS A. Furnish documents as indicated below or in individual Specification Sections. Submit documents per the procedures described in the Contract Documents. B. Submit documents per the Specification Section shown in the following table: Document Type Specification Section Application for Payment 01 29 00 Change Proposal 01 31 14 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 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 Document Management 013300-3 Oso Pool Mechanical Room Improvements E17053 11-25-2013 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Document Management 013300-4 Oso Pool Mechanical Room Improvements E17053 11-25-2013 0133 01 Submittal Register Specification Paragraph Types of Submittals Required Section Specification Description No. Product Sample or Operations Information Mockup Data Submittal Register 01 33 01-1 Oso Pool Mechanical Room Improvements E17053 07-03-2014 01 33 04 CONSTRUCTION PROGRESS SCHEDULE 1.00 GENERAL 1.01 REQUIREMENTS A. Prepare and submit a Progress Schedule for the Work and update the schedule on a monthly basis for the duration of the Project. B. Provide schedule in adequate detail to allow Owner to monitor progress and to relate document processing to sequential activities of the Work. C. Incorporate and specifically designate the dates of anticipated submission of documents and the dates when documents must be returned to the Contractor into the schedule. D. Assume complete responsibility for maintaining the progress of the Work per the schedule submitted. E. Take the requirements of SECTION 0135 00 SPECIAL PROCEDURES into consideration when preparing schedule. 1.02 DOCUMENT SUBMITTAL A. Submit Progress Schedules in accordance with SECTION 0133 00 DOCUMENT MANAGEMENT. B. Submit a preliminary schedule within 10 days after the Notice of Award. The schedule is to be available at the pre-construction conference. C. Submit a detailed schedule at least 10 days prior to the first payment request. D. Submit Progress Schedules updates monthly with Applications for Payment to indicate the progress made on the Project to that date. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment. 1.03 SCHEDULE REQUIREMENTS A. Schedule is to be in adequate detail to: 1. Assure adequate planning, scheduling, and reporting during the execution of the Work; 2. Assure the coordination of the Work of the Contractor and the various Subcontractors and Suppliers; 3. Assist in monitoring the progress of the Work; and 4. Assist in evaluating proposed changes to the Contract Times and Project schedule. B. Provide personnel with 5 years' minimum experience in scheduling construction work comparable to this Project. Prepare the schedule using acceptable scheduling software. C. Provide the schedule in the form of a computer generated critical path schedule which includes Work to be performed on the Project. It is intended that the schedule accomplish the following: 1. Give early warning of delays in time for correction. Construction Progress Schedule 013304- 1 Oso Pool Mechanical Improvements E17053 11-25-2013 2. Provide detailed plans for the execution of the Work in the form of future activities and events in sequential relationships. 3. Establish relationships of significant planned Work activities and provide a logical sequence for planned Work activities. 4. Provide continuous current status information. 5. Allow analysis of the Contractor's program for the completion of the Project. 6. Permit schedules to be revise when the existing schedule is not achievable. 7. Log the progress of the Work as it actually occurs. D. Prepare a time scaled CPM arrow or precedence diagram to indicate each activity and its start and stop dates. 1. Develop Milestone dates and Project completion dates to conform to time constraints, sequencing requirements and Contract completion date. 2. Use calendar day durations while accounting for holidays and weather conditions in the projection of the duration of each activity. 3. Clearly indicate the critical path for Work to complete the Project. E. Provide a time scaled horizontal bar chart which indicates graphically the Work scheduled at any time during the Project. The chart is to indicate: 1. Complete sequence of construction by activity; 2. Identification of the activity by structure, location, and type of Work; 3. Chronological order of the start of each item of Work; 4. The activity start and stop dates; 5. The activity duration; 6. Successor and predecessor relationships for each activity; 7. A clearly indicated single critical path; and 8. Projected percentage of completion, based on dollar value of the Work included in each activity as of the first day of each month. F. Provide a schedule incorporating the Schedule of Documents provided in accordance with SECTION 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 Construction Progress Schedule 013304-2 Oso Pool Mechanical Improvements E17053 11-25-2013 documents and for time lost when documents are submitted for products that do not meet Specification requirements. 1.04 SCHEDULE REVISIONS A. Revise the schedule if it appears that the schedule no longer represents the actual progress of the Work. 1. Submit a written report if the schedule indicates that the Project is more than 30 days behind schedule. The report is to include: a. Number of days behind schedule; b. Narrative description of the steps to be taken to bring the Project back on schedule; and c. Anticipated time required to bring the Project back on schedule. 2. Submit a revised schedule indicating the action that the Contractor proposes to take to bring the Project back on schedule. B. Revise the schedule to indicate any adjustments in Contract Times approved by Modification. 1. Include a revised schedule with Change Proposals if a change in Contract Times is requested. 2. OPT will deem any Change Proposal that does not have a revised schedule and request 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. 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 FLOATTIME A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule. B. Float time is not for the exclusive use or benefit of either the Contractor or Owner. C. Where several subsystems each have a critical path, the subsystem with the longest time of completion is the critical path and float time is to be assigned to other subsystems. D. Contract Times cannot be changed by the submission of a schedule. Contract Times can only be modified by a Change Order or Contract Amendment. E. Schedule completion date must be the same as the Contract completion date. Time between the end of construction and the Contract completion date is float time. Construction Progress Schedule 013304-3 Oso Pool Mechanical Improvements E17053 11-25-2013 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Construction Progress Schedule 013304-4 Oso Pool Mechanical Improvements E17053 11-25-2013 01 33 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION 1.00 GENERAL 1.01 WORK INCLUDED A. Provide a video recording of the Site prior to the beginning of construction. 1. Record the condition of all existing facilities in or abutting the construction area (right- of-way) including but not limited to streets, curb and gutter, utilities, driveways, fencing, landscaping, etc. 2. Record after construction staking is complete but prior to any clearing. 3. Provide one copy of the recording, dated and labeled to the OAR before the start of construction. Provide additional recording as directed by the OAR if the recording provided is not considered suitable for the purpose of recording pre-existing conditions. B. Furnish an adequate number of photographs of the Site to clearly depict the completed Project. 1. Provide a minimum of ten different views. 2. Photograph a panoramic view of the entire Site. 3. Photograph all significant areas of completed construction. 4. Completion photographs are not to be taken until all construction trailers, excess materials, trash, and debris have been removed. 5. Employ a professional photographer approved by the OAR to photograph the Project. 6. Provide one aerial photograph of the Site from an angle and height to include the entire Site while providing adequate detail. C. All photographs,video recordings, and a digital copy of this media are to become the property of the Owner. Photographs or recordings may not be used for publication, or public or private display without the written consent of the Owner. 1.02 QUALITY ASSURANCE A. Provide clear photographs and recordings taken with proper exposure. View photographs and recordings in the field and take new photographs or recordings immediately if photos of an adequate print quality cannot be produced or video quality is not adequate. Provide photographs with adequate quality and resolution to permit enlargements. 1.03 DOCUMENT SUBMITTAL A. Submit photographic documentation as Record Data in accordance with SECTION 0133 00 DOCUMENT MANAGEMENT. B. Submit two DVDs of the video recording as Record Data in accordance with SECTION 0133 00 DOCUMENT MANAGEMENT. Video and Photographic Documentation 013305- 1 Oso Pool Mechanical Room Improvements E17053 11-25-2013 2.00 PRODUCTS 2.01 PHOTOGRAPHS A. Provide photographs in digital format with a minimum resolution of 1280 x 960, accomplished without a digital zoom. B. Take photographs at locations acceptable to the OAR. C. Provide two color prints of each photograph and a digital copy on a DVD of each photograph taken. D. Identify each print on back with: 1. Project name. 2. Date,time, location, and orientation of the exposure. 3. Description of the subject of photograph. E. Submit photograph in clear plastic sheets designed for photographs. Place only one photograph in each sheet to allow the description on the back to be read without removing the photograph. F. Final photographs are to include two 8-by-10-inch glossy color prints for each of ten photographs selected by the OAR. These photographs are in addition to normal prints. 2.02 VIDEO RECORDING A. Provide digital format on DVD that can be played with Windows Media Player in common format in full screen mode. B. Identify Project on video by audio or visual means. C. Video file size should not exceed 400 MB. D. Video resolution shall be 1080p. E. The quality of the video must be sufficient to determine the existing conditions of the construction area. Camera panning must be performed while at rest, do not pan the camera while walking or driving. Camera pans should be performed at intervals sufficient to clearly view the entire construction area. F. DVD shall be labeled with construction stationing and stationing should be called out,voice recorded, in the video. G. The entire construction area recording shall be submitted at once. Sections submitted separately will not be accepted. Note to Specifier: Delete the following paragraph if Prosect is not a pipeline prosect. H. Pipeline projects should be recorded linearly from beginning to end. 3.00 EXECUTION (NOT USED) END OF SECTION Video and Photographic Documentation 013305-2 Oso Pool Mechanical Room Improvements E17053 11-25-2013 01 33 04 CONSTRUCTION PROGRESS SCHEDULE 1.00 GENERAL 1.01 REQUIREMENTS A. Prepare and submit a Progress Schedule for the Work and update the schedule on a monthly basis for the duration of the Project. B. Provide schedule in adequate detail to allow Owner to monitor progress and to relate document processing to sequential activities of the Work. C. Incorporate and specifically designate the dates of anticipated submission of documents and the dates when documents must be returned to the Contractor into the schedule. D. Assume complete responsibility for maintaining the progress of the Work per the schedule submitted. E. Take the requirements of SECTION 0135 00 SPECIAL PROCEDURES into consideration when preparing schedule. 1.02 DOCUMENT SUBMITTAL A. Submit Progress Schedules in accordance with SECTION 0133 00 DOCUMENT MANAGEMENT. B. Submit a preliminary schedule within 10 days after the Notice of Award. The schedule is to be available at the pre-construction conference. C. Submit a detailed schedule at least 10 days prior to the first payment request. D. Submit Progress Schedules updates monthly with Applications for Payment to indicate the progress made on the Project to that date. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment. 1.03 SCHEDULE REQUIREMENTS A. Schedule is to be in adequate detail to: 1. Assure adequate planning, scheduling, and reporting during the execution of the Work; 2. Assure the coordination of the Work of the Contractor and the various Subcontractors and Suppliers; 3. Assist in monitoring the progress of the Work; and 4. Assist in evaluating proposed changes to the Contract Times and Project schedule. B. Provide personnel with 5 years' minimum experience in scheduling construction work comparable to this Project. Prepare the schedule using acceptable scheduling software. C. Provide the schedule in the form of a computer generated critical path schedule which includes Work to be performed on the Project. It is intended that the schedule accomplish the following: 1. Give early warning of delays in time for correction. Construction Progress Schedule 013304- 1 Oso Pool Mechanical Room Improvements E17053 11-25-2013 2. Provide detailed plans for the execution of the Work in the form of future activities and events in sequential relationships. 3. Establish relationships of significant planned Work activities and provide a logical sequence for planned Work activities. 4. Provide continuous current status information. 5. Allow analysis of the Contractor's program for the completion of the Project. 6. Permit schedules to be revise when the existing schedule is not achievable. 7. Log the progress of the Work as it actually occurs. D. Prepare a time scaled CPM arrow or precedence diagram to indicate each activity and its start and stop dates. 1. Develop Milestone dates and Project completion dates to conform to time constraints, sequencing requirements and Contract completion date. 2. Use calendar day durations while accounting for holidays and weather conditions in the projection of the duration of each activity. 3. Clearly indicate the critical path for Work to complete the Project. E. Provide a time scaled horizontal bar chart which indicates graphically the Work scheduled at any time during the Project. The chart is to indicate: 1. Complete sequence of construction by activity; 2. Identification of the activity by structure, location, and type of Work; 3. Chronological order of the start of each item of Work; 4. The activity start and stop dates; 5. The activity duration; 6. Successor and predecessor relationships for each activity; 7. A clearly indicated single critical path; and 8. Projected percentage of completion, based on dollar value of the Work included in each activity as of the first day of each month. F. Provide a schedule incorporating the Schedule of Documents provided in accordance with SECTION 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 Construction Progress Schedule 013304-2 Oso Pool Mechanical Room Improvements E17053 11-25-2013 documents and for time lost when documents are submitted for products that do not meet Specification requirements. 1.04 SCHEDULE REVISIONS A. Revise the schedule if it appears that the schedule no longer represents the actual progress of the Work. 1. Submit a written report if the schedule indicates that the Project is more than 30 days behind schedule. The report is to include: a. Number of days behind schedule; b. Narrative description of the steps to be taken to bring the Project back on schedule; and c. Anticipated time required to bring the Project back on schedule. 2. Submit a revised schedule indicating the action that the Contractor proposes to take to bring the Project back on schedule. B. Revise the schedule to indicate any adjustments in Contract Times approved by Modification. 1. Include a revised schedule with Change Proposals if a change in Contract Times is requested. 2. OPT will deem any Change Proposal that does not have a revised schedule and request 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. 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 FLOATTIME A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule. B. Float time is not for the exclusive use or benefit of either the Contractor or Owner. C. Where several subsystems each have a critical path, the subsystem with the longest time of completion is the critical path and float time is to be assigned to other subsystems. D. Contract Times cannot be changed by the submission of a schedule. Contract Times can only be modified by a Change Order or Contract Amendment. E. Schedule completion date must be the same as the Contract completion date. Time between the end of construction and the Contract completion date is float time. Construction Progress Schedule 013304-3 Oso Pool Mechanical Room Improvements E17053 11-25-2013 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Construction Progress Schedule 013304-4 Oso Pool Mechanical Room Improvements E17053 11-25-2013 01 35 00 SPECIAL PROCEDURES 1.00 GENERAL 1.01 CONSTRUCTION SEQUENCE A. Perform the Work as required to complete the entire Project within the Contract Times and in the sequence stipulated below: Note to Specifier: Include factors here. Revise for each project. 1. List as necessary. B. Work shall be completed within the specified time for these items: Note to Specifier: Revise for each project. Description Time C. Consider the sequences, duration limitations, and governing factors outlined in this Section to prepare the schedule for the Work. D. Perform the Work not specifically described in this Section as required to complete the entire Project within the Contract Times. 1.02 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; Special Procedures 013500- 1 Oso Pool Mechanical Room Improvements E17053 11-25-2013 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 [1 month] prior to beginning the Work. 1.03 CRITICAL OPERATIONS A. The Owner has identified critical operations that must not be out of service longer than the designated maximum time out of service and/or must be performed only during the designated times. These have been identified in the table below: Note to Specifier: Revise for each prosect. Max.Time Hours Operation Liquidated Critical Operation Damages Out of Operation can be Shut Down ($ per hour) B. Submit a written plan of action per Paragraph 1.02 for approval for critical operations. C. Work affecting critical operations is to be performed on a 24-hour a day basis until Owner's normal operations have been restored. D. Provide additional manpower and equipment as required to complete the Work affecting critical operations within the allotted time. E. Liquidated damages will be assessed if Work on critical operations is not completed within the time indicated. 1. These items are critical to the [for operation of the existing distribution system] [other description of critical nature of operations]. 2. Loss of[operation of the existing distribution system] [other description of critical nature of operations] can subject the Owner to loss of revenue, additional operations cost, and fines from regulatory agencies. 3. Liquidated damages have been established for each critical operation. F. Designated Critical Operations are described in more detail as follows: 1. Critical Operation 1 - [Title from Table Above]: a. [Provide detailed description of Critical Operation 1.] 2. Critical Operation 2 - [Title from Table Above]: a. [Provide detailed description of Critical Operation 2.] Special Procedures 013500-2 Oso Pool Mechanical Room Improvements E17053 11-25-2013 3. Critical Operation 3 - [Title from Table Above]: a. [Provide detailed description of Critical Operation 3.] 1.04 OWNER ASSISTANCE A. The Owner will assist if need be to drain some water from pool to perform repairs. The pool will not be drained, but shall only be drained low enough for repairs. Contractor will be draining the existing pipelines as much as possible through existing lines. The Contractor will be responsible for providing dewatering pumps, etc. required to completely dewater the facilities and handle any leakage past closed valves,gates or adjacent structures. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Special Procedures 013500-3 Oso Pool Mechanical Room Improvements E17053 11-25-2013 014000 QUALITY MANAGEMENT 1.00 GENERAL 1.01 CONTRACTOR'S RESPONSIBILITIES A. Review the OPT's Quality Management Program and prepare and submit the Contractor's Quality Control Plan. B. Implement the Contractor's Quality Control Plan to control the quality of the Work and verify that the Work meets the standards of quality established in the Contract Documents. 1. Inspect products to be incorporated into the Project. Ensure that Suppliers have adequate quality control systems to ensure that products that comply with the Contract Documents are provided. 2. Integrate quality control measures into construction activities to produce Work which meets quality expectations of the Contract Documents. Inspect the Work of the Contractor, Subcontractors, and Suppliers. Correct Defective Work. 3. Provide and pay for the services of an approved professional materials testing laboratory acceptable to the OPT to provide testing that demonstrates that products proposed in Shop Drawings and Record Data for the Project fully comply with the Contract Documents. 4. Provide facilities, equipment, and Samples required for quality control inspections and tests: a. Give the OAR adequate notice before proceeding with Work that would interfere with inspections or testing; b. Notify the OAR and testing laboratories prior to the time that testing is required, providing adequate lead time to allow arrangements for inspections or testing to be made; C. Do not proceed with any Work that would impact the ability to correct defects or Work that would require subsequent removal to correct defects until testing services have been performed and results of tests indicate that the Work is acceptable; d. Cooperate fully with the performance of sampling, inspection, and testing; e. Provide personnel to assist with sampling or to assist in making inspections and field tests; f. Obtain and handle Samples for testing at the Site or at the production source of the product to be tested; g. Provide adequate quantities of representative products to be tested to the laboratory at the designated locations; h. Provide facilities required to store and cure test Samples; i. Provide calibrated scales and measuring devices for the OPT's use in performing inspections and testing; Quality Management 014000- 1 Oso Pool Mechanical Room Improvements E17053 11-25-2013 j. Provide adequate lighting to allow OPT observations; and k. Make Contract Documents available to testing agencies when requested. 5. Provide safe access for all inspection and testing activities, including those to be conducted as part of the OPT's Quality Management Program. 6. Document Defective Work though Certified Test Reports and Defective Work Notices. Document that corrective actions have been taken to correct any defects and that corrected Work is in compliance with the Contract Documents. 7. Apply quality control measures to documentation provided for the Project. 8. Implement countermeasures to prevent future Defective Work. C. Perform tests as indicated in this and other Sections of the Specifications. Technical Specifications govern if any testing and inspection requirements of this Section conflict with the testing and inspection requirements of the technical Specifications. D. All verification testing is to be observed by the OAR or designated representative. E. Send test reports to the Designer. F. Provide an update on quality control activities at monthly progress meetings required by SECTION 01 31 13 PROJECT COORDINATION. G. Owner will withhold payment for Defective Work, or Work that has not been tested or inspected in accordance with the Contractor's Quality Control Plan, the OPT's Quality Control Program, or the Contract Documents. H. Work performed that is connected or adjacent to Defective Work or Work that would have to be removed to correct Defective Work is also considered to be Defective. Contractor is responsible for all cost with replacing any acceptable Work that must be removed, or might be damaged by corrective actions. 1.02 QUALITY MANAGEMENT ACTIVITIES BY THE OPT A. OPT will perform its own quality assurance tests independent of the Contractor's Quality Control Program. Assist the OPT and testing organizations in performing quality assurance activities per Paragraph 1.01. B. Quality assurance testing performed by the OPT will be paid for by the Owner, except for verification testing required per Paragraph 1.07. C. Quality assurance activities of the OPT,through their own forces or through contracts with consultants and materials testing laboratories are for the purpose of monitoring the results of the Contractor's Work to see that it is in compliance with the requirements of the Contract Documents. Quality assurance activities or non-performance of quality assurance activities by the OPT do not: 1. Relieve the Contractor of its responsibility to provide Work or furnish products that conform with the requirements of the Contract Documents; 2. Relieve the Contractor of its responsibility for providing adequate quality control measures; Quality Management 014000-2 Oso Pool Mechanical Room Improvements E17053 11-25-2013 3. Relieve the Contractor of its responsibility for damage to or loss of Work or products before OPT's acceptance; 4. Constitute or imply OPT's acceptance; and 5. Affect the continuing rights of the Owner after OPT's acceptance of the completed Work. D. Work is subject to OPT's quality assurance observations or testing at any time. Products which have been tested or inspected and approved by OPT at a supply source or staging area may be inspected or tested again by the OPT before, during or after incorporation into the Work and rejected if products do not comply with the Contract Documents. 1.03 CONTRACTOR'S USE OF OPT'S TEST REPORTS A. OPT has prepared a Quality Management Plan that describes, in general, the OPT's anticipated quality assurance testing program for this Project. This testing program will be made available to Bidders during the bidding phase. This plan outlines only the testing in general terms and may not reflect actual testing. Actual testing will depend on the Contractors means, methods and procedures of construction which will not be known until the Contractor begins Work and submits their own Quality Control Plan for review. There is no guarantee that all testing will be performed. B. Contractor will receive copies of all test reports documenting OPT's quality assurance activities. Contractor is entitled to rely on the accuracy of these tests results and use these as part of their quality control efforts. C. Contractor is to determine additional testing or inspections that may be required to implement the Contractor's Quality Control Plan. Include cost for additional testing and inspections required to meet Contractors quality control obligations, including the cost for correcting Defective Work in the Contract Price. D. Contractor may submit a Change Proposal if OPT's quality assurance testing program deviates significantly from the OPT's Quality Management Plan, and Contractor can demonstrate that additional cost was incurred to implementing the Contractor's Quality Control Plan resulting from these deviations. 1.04 DOCUMENTATION A. Provide documentation which includes: 1. Contractor's Quality Management Plan that establishes the methods of assuring compliance with the Contract Documents. Submit this plan as a Shop Drawings per SECTION 0133 02 SHOP DRAWINGS. 2. A Statement of Qualification for any proposed testing laboratories that includes a list of the engineers and technical staff that will provide testing services on the Project, descriptions of the qualifications of these individuals, list of tests that can be performed, equipment used with date of last certification, and a list of recent projects for which testing has been performed with references for those projects. 3. Provide Certified Test Reports for products to be incorporated into the Project. Provide reports to indicate that proposed products comply with the Contract Documents or indicate that proposed products do not comply with the Contract Quality Management 014000-3 Oso Pool Mechanical Room Improvements E17053 11-25-2013 Documents and why it does not comply. Submit these test reports as part of a Shop Drawings submitted per SECTION 0133 02 SHOP DRAWINGS. 4. Provide Certified Test Reports for inspection and testing required in this Section and in other Specification Sections. Provide reports to indicate that Work complies with the Contract Documents or indicate that Work does not comply with the Contract Documents they are not in compliance and why it does not comply. Submit these test reports on forms provided per SECTION 0133 00 DOCUMENT MANAGEMENT. 1.05 STANDARDS A. Provide testing laboratories that comply with the American Council of Independent Laboratories (ACIL) "Recommended Requirements for Independent Laboratory Qualifications." B. Perform testing per recognized test procedures as listed in the various Sections of the Specifications, standards of the State Department of Highways and Public Transportation, American Society of Testing Materials (ASTM), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations. 1.06 DELIVERY AND STORAGE A. Handle and protect test specimens of products and construction materials at the Site in accordance with recognized test procedures. Provide facilities for storing, curing, processing test specimens as required by test standard to maintain the integrity of Samples. 1.07 VERIFICATION TESTING FOR CORRECTED DEFECTS A. Provide verification testing on Work performed to correct Defective Work to demonstrate that the Work is now in compliance with the Contract Documents. Document that Defective Work has been corrected and verify that the OAR closes the item in the Defective Work Register. B. Pay for verification testing. OPT may perform verification testing as part of their Quality Management Program and impose a Set-off to recover the cost for this testing. C. Conduct the same tests or inspections used to determine that the original Work was Defective. Different tests or methods may be used if approved by the OPT. 1.08 TEST REPORTS A. Certified Test Reports are to be prepared for all tests. 1. Tests performed by testing laboratories may be submitted on their standard test report forms if acceptable to the OPT. These reports must include the following: a. Name of the Owner, Project title and number and Contractor; b. Name of the laboratory, address, and telephone number; C. Name and signature of the laboratory personnel performing the test; d. Description of the product being sampled or tested; Quality Management 014000-4 Oso Pool Mechanical Room Improvements E17053 11-25-2013 e. Date and time of sampling, inspection, and testing; f. Date the report was issued; g. Description of the test performed; h. Weather conditions and temperature at time of test or sampling; i. Location at the Site or structure where the test was taken; j. Standard or test procedure used in making the test; k. A description of the results of the test; I. Statement of compliance or non-compliance with the Contract Documents; and m. Interpretations of test results, if appropriate. 2. Submit reports on tests performed by Contractor, Subcontractors or Suppliers on the forms provided by the OAR. 3. OPT will prepare test reports on test performed by the OPT. B. Send test report to Designer within 24 hours of completing the test. Flag tests reports with results that do not comply with Contract Documents for immediate attention. C. Payment for Work may be withheld until test reports indicate that the Work is not Defective. 1.09 DEFECTIVE WORK A. Immediately correct any Defective Work or notify the OAR why the Work is not to be corrected immediately and when corrective action will be completed. B. No payment will be made for Defective Work. Remove Work from the Application for Payment if Work paid for on a previous Application for Payment is found to be Defective. 1.10 LIMITATION OF AUTHORITY OF THE TESTING LABORATORY A. The testing laboratory representatives are limited to providing testing services and interpreting the results of the test performed. B. The testing laboratory is not authorized to: 1. Alter the requirements of the Contract Documents; 2. Accept or reject any portion of the Work; 3. Perform any of the duties of the Contractor; or 4. Direct or stop the Work. 1.11 QUALITY CONTROL PLAN A. Submit the Contractor's Quality Control Plan for approval as a Shop Drawing per SECTION 0133 02 SHOP DRAWINGS. Use Contractor's Quality Control Plan Checklist provided to review the document before submitting and include a copy of the completed checklist with the Contractor's Quality Control Plan. Do not begin Work until the Contractor's Quality Control Plan is approved. Submit an interim plan covering only the portion of Work to be Quality Management 014000-5 Oso Pool Mechanical Room Improvements E17053 11-25-2013 performed if the Contractor plans to begin Work prior to submitting the Contractor's Quality Control Plan for the Project. Do not begin Work on other parts of the Project until the Contractor's Quality Control Plan is approved or another interim plan covering the additional Work to be started is approved. B. Provide a Contractor's Quality Control Plan that incorporates construction operations at both the Site and production Work at remote locations and includes Work by Subcontractors and Suppliers. The Contractor's Quality Control Plan is to include: 1. A description of the quality control organization, including an organization chart showing lines of authority to control the quality of Work; 2. Documentation describing name, qualifications (in resume format), duties, responsibilities, and level of authority of the Quality Control Manager; 3. The name, qualifications (in resume format), duties, responsibilities, and authorities of other persons assigned a quality control function; 4. Procedures for scheduling, reviewing, certifying, and managing documentation, including documentation provided by Subcontractors and Suppliers; 5. Control,verification, and acceptance testing procedures for each specific test. Include: a. Name of tests to be performed, b. Specification paragraph requiring test, C. Parameters of Work to be tested, d. Test frequency, e. Persons responsible for each test, and f. Applicable industry testing standards and laboratory facilities to be used for the test; 6. Integrate the OPT quality assurance testing into the Contractor's Quality Control Plan, specifically identifying the tests or inspections in Paragraph 1.11.13.5 that will be provided by the OPT as part of their Quality Management Program; 7. Procedures for tracking and documenting quality management efforts. 8. Procedures for tracking Defective Work from initial identification through acceptable corrective action. Indicate how documentation of the verification process for deficiencies will be made. 9. Reporting procedures which incorporate the use of forms provided by the OAR. 10. The name of the proposed testing laboratories along with documentation of qualifications per Paragraph 1.04. C. The Quality Control Manager must have authority to reject Defective Work and redirect the efforts of the Contractor's Team to prevent or correct Defective Work. D. Notify the Designer of any changes to the Contractor's Quality Control Plan or quality control personnel. Quality Management 014000-6 Oso Pool Mechanical Room Improvements E17053 11-25-2013 E. Meet with the OPT 7 days after Contractor's Quality Control Plan is submitted and before start of construction to discuss the Contractor's Quality Control Plan and expedite its approval. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION 3.01 IMPLEMENT CONTRACTOR'S QUALITY CONTROL PLAN A. Perform quality control observations and testing as required in each Section of the Specifications and where indicated on the Drawings. B. Includes the following phases for each definable Work task. A definable Work task is one which is separate and distinct from other tasks, has separate control requirements, may be provided by different trades or disciplines, or may be Work by the same trade in a different environment. 1. Planning Phase: Perform the following before beginning each definable Work task: a. Review the Contract Drawings. b. Review documents and determine that they are complete in accordance with the Contract Documents. c. Check to assure that all materials and/or equipment have been tested, submitted, and approved. d. Examine the work area to assure that all required preliminary Work has been completed and complies with the Contract Documents. e. Examine required materials, equipment, and Sample Work to assure that they are on hand, conform to Shop Drawings and Record Data, and are properly stored. f. Review requirements for quality control inspection and testing. g. Discuss procedures for controlling quality of the Work. Document construction tolerances and workmanship standards for the Work task. h. Check that the portion of the plan for the Work to be performed incorporates document review comments. i. Discuss results of planning phase with the OAR. Conduct a meeting attended by the Quality Control Manager, the OAR, superintendent, other quality control personnel as applicable, and the foreman responsible for the Work task. Instruct applicable workers as to the acceptable level of workmanship required in order to meet the requirements of the Contract Documents. Document the results of the preparatory phase actions by separate meeting minutes prepared by the Quality Control Manager and attached to the quality control report. j. Do not move to the next phase unless results of investigations required for the planning phase indicate that requirements have been met. Quality Management 014000-7 Oso Pool Mechanical Room Improvements E17053 11-25-2013 2. Work Phase: Complete this phase after the Planning Phase: a. Notify the OAR at least 24 hours in advance of beginning the Work and discuss the review of the planning effort to indicate that requirements have been met. b. Check the Work to ensure that it is in full compliance with the Contract Documents. c. Verify adequacy of controls to ensure full compliance with Contract Documents. Verify required control inspection and testing is performed. d. Verify that established levels of workmanship meet acceptable workmanship standards. Compare with required Sample panels as appropriate. e. Repeat the Work phase for each new crew to work on-site, or any time acceptable specified quality standards are not being met. 3. Follow-up Phase: Perform daily checks to assure control activities, including control testing, are providing continued compliance with contract requirements: a. Make checks daily and record observations in the quality control documentation. b. Conduct follow-up checks and correct all deficiencies prior to the start of additional Work tasks that may be affected by the Defective Work. Do not build upon nor conceal Defective Work. c. Conduct a review of the Work one month prior to the expiration of the correction period prescribed in the General Conditions with the OPT. Correct defects as noted during the review. C. Conduct additional planning and Work phases if: 1. The quality of on-going Work is unacceptable; 2. Changes are made in applicable quality control staff, on-site production supervision or crews; 3. Work on a task is resumed after a substantial period of inactivity; or 4. Other quality problems develop. END OF SECTION Quality Management 014000-8 Oso Pool Mechanical Room Improvements E17053 11-25-2013 01 50 00 TEMPORARY FACILITIES AND CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide temporary facilities, including OPT's field office and the Contractor's field offices, storage sheds, and temporary utilities needed to complete the Work. B. Install and maintain temporary Project identification signs. Provide temporary on-site informational signs to identify key elements of the construction facilities. Do not allow other signs to be displayed. 1.02 QUALITY ASSURANCE A. Provide a total electrical heating and cooling system for the OPT's field office capable of maintaining the following conditions: 1. Heating: Minimum 75 degrees ID temp at 10 degrees ambient. 2. Cooling: Minimum 75 degrees ID temp at 105 degrees ambient. 3. Relative humidity: 48 to 54 percent. B. Inspect and test each service before placing temporary utilities in use. Arrange for all required inspections and tests by regulatory agencies, and obtain required certifications and permits for use. 1.03 DELIVERY AND STORAGE A. Arrange transportation, loading, and handling of temporary buildings and sheds. 1.04 JOB CONDITIONS A. Locate buildings and sheds at the Site as indicated or as approved by the OPT. B. Prepare the Site by removing trees, brush, or debris and performing demolition or grubbing needed to clear a space adequate for the structures. C. Pay for the utilities used by temporary facilities during construction. D. Provide each temporary service and facility ready for use at each location when the service or facility is first needed to avoid delay in the performance of the Work. Provide OPT's field office complete and ready for occupancy and use within 7 days of the Notice to Proceed. E. Maintain, expand as required, and modify temporary services and facilities as needed throughout the progress of the Work. F. Remove services and facilities when approved by the OAR. G. Operate temporary facilities in a safe and efficient manner. 1. Restrict loads on temporary services or facilities to within their designed or designated capacities. 2. Provide sanitary conditions. Prevent public nuisance or hazardous conditions from developing or existing at the Site. Temporary Facilities and Controls 015000- 1 Oso Pool Mechanical Room Improvements E17053 11-25-2013 3. Prevent freezing of pipes, flooding, or the contamination of water. 4. Maintain Site security and protection of the facilities. 1.05 OPTIONS A. Construction offices may be prefabricated buildings on skids or mobile trailers. B. Storage sheds may be prefabricated buildings on skids or truck trailers. 2.00 PRODUCTS 2.-94 TEN4PQRAov CICI n nPnCF_ r.e.Atiaip at least 129 square feet ef-6-1-seable sp@Ge. The field- effir_-e be air-c--eAditieped P-irpi-sh @ field- effiee ef adequate s4e fel: Pre-vide Feei:H sp@Ge f.,r ;:AiRimum of 19 p ple C)T@gFees to its s+z-2, 69r^ditie" EatiSir 2.02 TEMPORARY STORAGE BUILDINGS A. Furnish storage buildings of adequate size to store any materials or equipment delivered to the Site that might be affected by weather. 2.03 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities at the Site from the commencement of the Project until Project conclusion. Maintain these facilities in a clean and sanitary condition at all times, and comply with the requirements of the local health authority. On large sites, provide portable toilets at such locations that no point in the Site shall be more than 600 feet from a toilet. B. Use these sanitary facilities. Do not use restrooms within existing or Owner-occupied buildings. 2-.94 TE D N4 PC)RAV W P A T YT Temporary Facilities and Controls 015000-2 Oso Pool Mechanical Room Improvements E17053 11-25-2013 2.05 TEMPORARY UTILITIES A. Provide the temporary utilities for administration, construction,testing, disinfection, and start-up of the Work, including electrical power,water, and telephone. Pay all costs associated with furnishing temporary utilities. 1. Provide a source of temporary electrical power of adequate size for construction procedures. a. Use existing power systems where spare capacity is available. Provide temporary power connections that do not adversely affect the existing power supply. Submit connections to the OAR for approval prior to installation. b. Provide electrical pole and service connections that comply with Laws and Regulations and the requirements of the power company. 2. Provide telephone service to the Site and install telephones inside the Contractor's and the OPT's field office. 2.06 WATER FOR CONSTRUCTION A. Provide temporary water. Potable water may be purchased from the Owner by obtaining a water meter from the Owner and transporting water from a water hydrant. Non-potable water may be used for hydraulic testing of non-potable basins or pipelines. Include the cost of water in the Contract Price. B. Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Site throughout construction. 3.00 EXECUTION 3.01 LOCATION OF TEMPORARY FACILITIES A. Locate temporary facilities in areas approved by the OAR. Construct and install signs at locations approved by the OAR. Install informational signs so they are clearly visible. 3.02 PROJECT IDENTIFICATION AND SIGNS A. The Owner will furnish two Project signs to be installed by the Contractor, unless indicated otherwise.The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the OAR. 3.03 TEMPORARY LIGHTING A. Provide temporary lighting inside buildings once buildings are weatherproof. B. Provide lighting that is adequate to perform Work within any space. Temporary lights may be removed once the permanent lighting is in service. Temporary Facilities and Controls 015000-3 Oso Pool Mechanical Room Improvements E17053 11-25-2013 C. Provide portable flood lights at any time that Work will be performed outside the structure at night. Provide adequate lighting at any location Work is being performed. 3.04 DRINKING WATER A. Provide all field offices with potable water. Provide a dispenser and cooling apparatus if bottled drinking water is provided. B. Pay for water services and maintain daily. 3.05 CONSTRUCTION FENCE A. Install and maintain a construction fence around the Site and off-site storage yards. Fence must be a minimum 6 feet high chain link construction unless shown otherwise. Provide gates with padlocks. 3.06 REMOVAL OF TEMPORARY FACILITIES A. Remove temporary buildings, sheds, and utilities at the conclusion of the Project and restore the Site to original condition or finished in accordance with the Drawings. B. Remove informational signs upon completion of construction. C. Remove Project identification signs, framing, supports, and foundations upon completion of the Project. 3.07 MAINTENANCE AND JANITORIAL SERVICE A. Provide janitorial service (sweeping/mopping) for the OPT's field office on a weekly basis or as requested. Empty trash receptacles daily or as needed. B. Maintain signs and supports in a neat, clean condition. Repair damage to structures, framings, or signs. C. Repair any damage to Work caused by placement or removal of temporary signage. D. Service, maintain, and replace, if necessary,the OPT's field office computer equipment throughout the Project as required by the OPT including replacement cartridges for all office equipment. END OF SECTION Temporary Facilities and Controls 015000-4 Oso Pool Mechanical Room Improvements E17053 11-25-2013 01 57 00 TEMPORARY CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide labor, materials, equipment, and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. B. Construct temporary impounding works, channels, diversions, furnishing and operation of pumps, installing piping and fittings, and other construction for control of conditions at the Site. Remove temporary controls at the end of the Project. C. Provide a Storm Water Pollution Prevention Plan (SWPPP) as required by Texas Pollutant Discharge Elimination System (TPDES) General Permit No.TXR150000 for stormwater discharges from construction activities. Comply with all requirements of the Texas Commission on Environmental Quality(TCEQ) and Laws and Regulations. File required legal notices and obtain required permits prior to beginning any construction activity. D. Provide labor, materials, equipment, and incidentals necessary to prevent stormwater pollution for the duration of the Project. Provide and maintain erosion and sediment control structures as required to preventive sediment and other pollutants from the Site from entering any stormwater system including open channels. Remove pollution control structures when no longer required to prevent stormwater pollution. 1.02 QUALITY ASSURANCE A. Construct and maintain temporary controls with adequate workmanship using durable materials to provide effective environmental management systems meeting the requirements of the Contract Documents and Laws and Regulations. Use materials that require minimal maintenance to prevent disruption of construction activities while providing adequate protection of the environment. B. Periodically inspect systems to determine that they are meeting the requirements of the Contract Documents. 1.03 DOCUMENT SUBMITTAL A. Provide documents requiring approval by the OPT as Shop Drawings in accordance with SECTION 0133 02 SHOP DRAWINGS. B. Provide copies of notices, records, and reports required by the Contract Documents or Laws and Regulations as Record Data in accordance with SECTION 0133 03 RECORD DATA. 1.04 STANDARDS A. Provide a SWPPP that complies with all requirements of TPDES General Permit No. TXR150000 and any other applicable Laws and Regulations. B. Perform Work to comply with the City of Corpus Christi Code of Ordinances, Part III, Chapter 14, Article X-titled "STORM WATER QUALITY MANAGEMENT PLANS" and any other applicable Laws and Regulations. Temporary Controls 015700- 1 Oso Pool Mechanical Room Improvements E17053 11-25-2013 1.05 PERMITS A. Submit the following to the TCEQ and the Operator of any Municipal Separate Storm Sewer System (MS4) receiving stormwater discharges from the Site: 1. Notice of Intent(NOI) at least 48 hours prior to beginning construction activity. Construction activity may commence 24 hours after the submittal of an electronic NOI. 2. Notice of Change (NOC) letter when relevant facts or incorrect information was submitted in the NOI, or if relevant information in the NOI changes during the course of construction activity. 3. Notice of Termination (NOT)when the construction Project has been completed and stabilized. B. Post a copy of the NOI at the Site in a location where it is readily available for viewing by the general public and as required by Laws and Regulations prior to starting construction activities and maintain the posting until completion of the construction activities. C. Maintain copies of a schedule of major construction activities, inspection reports, and revision documentation with the SWPPP. 1.06 STORMWATER POLLUTION CONTROL A. Comply with the current requirements of TPDES General Permit No.TXR150000 as set forth by the TCEQ for the duration of the Project: 1. Develop a SWPPP meeting all requirements of the TPDES General Permit. 2. Submit of a Notice of Intent to the TCEQ. 3. Develop and implement appropriate Best Management Practices as established by local agencies of jurisdiction. 4. Provide all monitoring and/or sampling required for reporting to the TCEQ. 5. Submit reports to the TCEQ as required as a condition of the TPDES General Permit. 6. Submit copies of the reports to the Designer as Record Data in accordance with SECTION 0133 03 RECORD DATA. 7. Retain copies of these documents at the Site at all times for review and inspection by the OPT or regulatory agencies. Post a copy of the permit as required by Laws and Regulations. 8. Assume sole responsibility for implementing, updating, and modifying the TPDES General Permit per Laws and Regulations for the SWPPP and Best Management Practices. B. Use forms required by the TCEQ to file the Notice of Intent. Submit the Notice of Intent at least 2 days prior to the start of construction. Develop the SWPPP prior to submitting the Notice of Intent. Provide draft copies of the Notice of Intent, SWPPP, and any other pertinent TCEQ submittal documents to Owner for review prior to submittal to the TCEQ. C. Return any property disturbed by construction activities to either specified conditions or pre-construction conditions as set forth in the Contract Documents. Provide an overall erosion and sedimentation control system that will protect all undisturbed areas and soil Temporary Controls 015700-2 Oso Pool Mechanical Room Improvements E17053 11-25-2013 stockpiles/spoil areas. Implement appropriate Best Management Practices and techniques to control erosion and sedimentation and maintain these practices and techniques in effective operating condition during construction. Permanently stabilize exposed soil and fill as soon as practical during the Work. D. Assume sole responsibility for the means, methods, techniques, sequences, and procedures for furnishing, installing, and maintaining erosion and sedimentation control structures and procedures and overall compliance with the TPDES General Permit. Modify the system as required to effectively control erosion and sediment. E. Retain copies of reports required by the TPDES General Permit for 3 years from date of Final Completion. 1.07 POLLUTION CONTROL A. Prevent the contamination of soil,water, or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air-borne pollutants. Prevent dispersal of pollutants into the atmosphere. Do not dump or otherwise discharge noxious or harmful fluids into drains or sewers, nor allow noxious liquids to contaminate public waterways in any manner. B. Provide equipment and personnel and perform emergency measures necessary to contain any spillage. 1. Contain chemicals in protective areas and do not dump on soil. Dispose of such materials at off-site locations in an acceptable manner. 2. Excavate contaminated soil and dispose at an off-site location if contamination of the soil does occur. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil. 3. Provide documentation to the Owner which states the nature and strength of the contaminant, method of disposal, and the location of the disposal site. 4. Comply with Laws and Regulations regarding the disposal of pollutants. C. Groundwater or run-off water which has come into contact with noxious chemicals, sludge, or sludge-contaminated soil is considered contaminated. Contaminated water must not be allowed to enter streams or water courses, leave the Site in a non-contained form, or enter non-contaminated areas of the Site. 1. Pump contaminated water to holding ponds constructed by the Contractor for this purpose, or discharge to areas on the interior of the Site, as designated by the OAR. 2. Construct temporary earthen dikes or take other precautions and measures as required to contain the contaminated water and pump to a designated storage area. 3. Wash any equipment used for handling contaminated water or soil within contaminated areas three times with uncontaminated water prior to using such equipment in an uncontaminated area. Dispose of wash water used to wash such equipment as contaminated water. Temporary Controls 015700-3 Oso Pool Mechanical Room Improvements E17053 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. 4-.0-9 mnnlG ADVISORY DAYS A De Roue-.Ad Gt reefiRg, p, r het mix n ratio ept fn days ., .,� a er repairs, ., Gruels were prepared to perfer.,m this Werk and the City ERgiReer issued e -Mort 1.10 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. 1.11 DEWATERING A. This item is considered subsidiary for all dewatering methods other than "well pointing" to the appropriate bid items as described in the Bid Form where dewatering is needed to keep the excavation dry, as approved by the Designer, and shall include all costs to provide a dry foundation for the proposed improvements. B. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. C. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to Temporary Controls 015700-4 Oso Pool Mechanical Room Improvements E17053 11-25-2013 entering the storm water system. Sheet flow and ponding is to allow solids screening and/or settling prior to entering a storm water conduit or inlet. D. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharges groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream,the [Corpus Christi Bay] [Oso Creek] [Laguna Madre] [CC Ship Channel]. E. Testing of groundwater quality is to be performed by the Contractor, at the Contractor's expense, prior to commencing discharge and shall be retested by the Contractor, at the Contractor's 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 826-1817 to obtain a "no cost" permit from the Owner's Waste Water Department. Contractor 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. 1.12 DISPOSAL OF CONTAMINATED GROUNDWATER A. An allowance will be included in the Bid for the unanticipated disposal of contaminated groundwater. This allowance may not be needed but is provided in case contaminated groundwater is encountered during the course of the Project and does not meet the water quality requirements for discharge into the storm water or wastewater systems. This allowance includes all materials, tools, equipment, labor, transportation, hauling, coordination, and proper disposal of the contaminated water at an approved landfill, deep water injection well, or other site as agreed to by the Designer. Suggested disposal facilities would be [US Ecology(USET) in Robstown,Texas or Texas Molecular in Corpus Christi,Texas]. B. The payment for this Work will be based on the Contractor's actual costs and will be negotiated. Payment will not include costs associated with dewatering which is paid for under [Bid Items X,Y,Z]. 1.13 DISPOSAL OF HIGHLY CHLORINATED WATER A. Dispose of water used for testing, disinfection, and line flushing. Comply with Owner's requirements and Laws and Regulation regarding the disposal of contaminated water, including water with levels of chlorine, which exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. Comply with the requirements of all Temporary Controls 015700-5 Oso Pool Mechanical Room Improvements E17053 11-25-2013 regulatory agencies in the disposal of all water used in the Project. Include a description and details for disposal of this water in a Plan of Action per SECTION 0135 00 SPECIAL PROCEDURES. Do not use the Owner's sanitary sewer system for disposal of contaminated water. 1.14 WINDSTORM CERTIFICATION A. All affected materials and installation shall comply with Texas Department of Insurance Requirements for windstorm resistant construction for design wind speed as required by Latest Building Codes as adopted by the City of Corpus Christi and Texas Department of Insurance. Contractor shall be responsible for contracting with the Engineer of Record for the project, a licensed structural engineer in the State of Texas, to perform all inspections and provide documentation for windstorm certification to the Texas Board of Insurance. The Contractor shall be responsible for providing all necessary design/assembly documentation for all new windows, doors, louvers, etc. to the windstorm engineer/inspectors required to conform with the requirements of the Texas Department of Insurance. 2.00 PRODUCTS 2.01 MATERIALS A. Provide materials that comply with Laws and Regulations. 3.00 EXECUTION 3.01 CONSTRUCTING, MAINTAINING AND REMOVING TEMPORARY CONTROLS A. Construct temporary controls in accordance with Laws and Regulations. 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 015700-6 Oso Pool Mechanical Room Improvements E17053 11-25-2013 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS 1.00 GENERAL 1.01 WORK INCLUDED A. Comply with requirements of the General Conditions and specified administrative procedures in closing out the Contract. 1.02 DOCUMENT SUBMITTAL A. Submit certifications and releases on forms provided. 1.03 SUBSTANTIAL COMPLETION A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. 1.04 FINAL INSPECTION A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and Execution and Closeout Requirements 017000- 1 Oso Pool Mechanical Room Improvements E17053 11-25-2013 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 1.06 if notified that the Project is complete and the Work is acceptable. 1.05 REINSPECTION FEES A. Owner may impose a Set-off against the Application for Payment in accordance with the General Conditions to compensate the OPT for additional visits to the Project if additional Work is required. 1.06 CLOSEOUT DOCUMENTS SUBMITTAL A. Record Documents per SECTION 01 31 13 PROJECT COORDINATION. B. Warranties and bonds. C. Equipment installation reports on equipment. D. Shop Drawings, Record Data, and other documents as required by the Contract Documents. E. Evidence of continuing insurance and bond coverage as required by the Contract Documents. F. Final Photographs per SECTION 0133 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION. 1.07 TRANSFER OF UTILITIES A. Transfer utilities to the Owner when the Certificate of Substantial Completion has been issued and the Work has been occupied by the Owner. B. Submit final meter readings for utilities and similar data as of the date the Owner occupied the Work. 1.08 WARRANTIES, BONDS,AND SERVICES AGREEMENTS A. Provide warranties, bonds, and service agreements required by SECTION 0133 02 SHOP DRAWINGS or by the individual Specification Sections. B. The date for the start of warranties, bonds, and service agreements is established per the General Conditions. C. Compile warranties, bonds, and service agreements and review these documents for compliance with the Contract Documents. Execution and Closeout Requirements 017000-2 Oso Pool Mechanical Room Improvements E17053 11-25-2013 1. Provide a log of all equipment covered under the 1 year correction period specified in the General Conditions and all products for which special or extended warranties or guarantees are provided. Index the log by Specification Section number on forms provided. Include items 2.e through 2.g below in the tabulation. 2. Provide a copy of specific warranties or guarantees under a tab indexed to the log. Each document is to include: a. A description of the product or Work item; b. The firm name,with the name of the principal, address, and telephone number; c. Signature of the respective Supplier or Subcontractor to acknowledge existence of the warranty obligation for extended warranties and service agreements; d. Scope of warranty, bond, or services agreement; e. Indicate the start date for the correction period specified in the General Conditions for each product and the date on which the specified correction period expires. f. Indicate the start date for extended warranties for each product and the date on which the specified extended warranties period expires. g. Start date, warranty or guarantee period, and expiration date for each warranty bond and service agreement; h. Procedures to be followed in the event of a failure; and i. Specific instances that might invalidate the warranty or bond. D. Submit digital copies of the documents to the Designer for review. E. Submit warranties, bonds and services agreements within 10 days after equipment or components placed in service. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Execution and Closeout Requirements 017000-3 Oso Pool Mechanical Room Improvements E17053 11-25-2013 Z4 _2 zg 9 A k Np T s 6 ry m Q ,oE Naar M 4 � NA i � � r+°�+s,� �• � 5Sa"� to O f a M>� 3p t�� e m a pys -10 o Ln 'y 0 80 _ N n O /mom `a n 0 z Ln q - O A QSBBl 12 rM ED v X20 ARF < `Az - � w � cn vU<F a, p06M. 0/- CIA f 8F MFS"/C� m On 2' . cAn.n>un n to .Z7p 57 r O C 3$p4Sm M C-) 0 m m n m z i i A m qqpy, gz� g:a 3s3 .Zl p o xo o gN O OH '. ppa M g o m A a # €pad 0 O Z Z A o o Ie g��F M _ m m= g o _' �z m z W "� oeg= r -_ Z o fA 08. M —1 f7 < svv ;R divn R' z _ �sm mA - � m� e v �e Sg! N 3 B� o T :$ oS�01F U =EDFORa M B OYNn U --G aEVIsgNIq. 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In r a !, EE;I 11 19 i lilall w #I.Ia ;111j 11 E:E## 19'1ili',: ti14:� liai 119E Is�l! 9 } f Itl 'A�YUC•. a•w-t:'ri.:yi r�• x 9 •1$ -,�EWx.B¢rrAign 0!ExrSnxG /1 r Pus[x n - � -.• ,.k - r[rA5 SCS&YulxnLL'F:hG aro of aV �. srovwao AT uLs 8 a0/A.) i55Ym PoNBEpx° FENSgNHO DATE BY DESCNQ'. n g OSO POOL MECHANICAL ROOM WE] �'+""':+4 o g IMPROVEMENTS ____ _ IV CITY of CORPUS CHRISTI '= z WASTEWATER DETAILS TEXAS Department of Engineering Services - 009101 ADDENDUM NUMBER 01 Project: Oso Pool Mechanical Room Improvements(FMAC) Project Number:E17053 Owner: City of Corpus Christi city I Engineer: J.H. Edmonds, P.E. I Designer: Munoz Engineering Addendum No. 01 Specification Section: 00 9101 Issue Date: Sept. 14,2017 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. j Appr 9/14/17 Name Date Addendum Items: To reject all Bids received on 9/6/17. j i REJECTION OF BIDS A. Bidders are hereby notified that all bid proposals received for the subject project on Wednesday, September 6,2017 have been rejected. Thank you for your interest in this project. END OF ADDENDUM NO. 01 Addendum No.01 009101-1 E17053 Oso Pool Mechanical Room Improvements{FMAC) Rev 01-08-2016 009101 ADDENDUM NUMBER 02 Project: Oso Pool Mechanical Room Improvements (FMAC) project Number: E17053 Owner: City of Corpus Christi city Engineer: J.H. Edmonds, P.E. Designer: Munoz Engineering Addendum No. 02 Specification Section: 00 9101 Issue Date: Sept.21, 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: 9/21/17 Name Dote Addendum Items: To reverse rejected Bids and Award to lowest Bidder. REVERSE REJECTION OF BIDS A. Bidders are hereby notified that all bid proposals received for the subject project on Wednesday, September 6, 2017 have been reversed and Awarded to Lowest Bidder. Thank you for your interest in this project. END OF ADDENDUM NO. 02 Addendum No.01 009101-1 E17053 Oso Pool Mechanical Room Improvements(FMAQ Rev 01-08-2016 CONTRACT DOCUMENTS FOR CONSTRUCTION OF OSO POOL MECHANICAL ROOM IMPROVEMENTS E17053 City of Corpus Christi F.M.A.C. Munoz Engineering 1608 S. Brownlee Blvd Corpus Christi, TX 78404 (361)846-4848 August 11, 2017 CP-220 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 30 01 Bid Form iRev01-13-2016) 005101 FMAC Task Order Agreement 006113 Performance Bond(Rev 01-13-2016) 006116 Payment Bond iRevo1-13-2016) 00 72 00 General Conditions(Rev 3-23-2015) 00 72 01 Insurance Requirements(Rev06-22-2016) 00 72 02 Wage Rate Requirements(Rev 06-12-2015) 00 72 03 Minority/MBE/DBE Participation Policy(Rev 01-13.2016) Division 01 General Requirements 011100 Summary of Work(Rev 01-13-2016) 012900 Application for Payment Procedures(Rev03-11-2015) 012901 Measurement and Basis for Payment(Rev 01-13-2016) 013100 Project Management and Coordination inev01-13-2016) 013113 Project Coordination 013114 Change Management 013300 Document Management 013301 Submittal RegisteriRev7/312014) 013302 Shop Drawings 013303 Record Data 013304 Construction Progress Schedule 013305 Video and Photographic Documentation 013500 Special Procedures 014000 Quality Management 015700 Temporary Controls 017000 Execution and Closeout Requirements Part S Standard Specifications PLANS See Sheet 2-4 of 11 END OF SECTION Table of Contents 000100-1 Oso Pool Mechanical Room Improvements E17053 Rev 06.22.2016 00 30 01 BID FORM Project Oso Pool Mechanical Room Improvements Name: Project E17053 Number: Owner: City of Corpus Christi Bidder: 4TE COMAIMICKSA J;5&f OAR: Ernesto De La Garza Designer: LNV Basis of Bid Item DESCRIPTION I L UNIT q� KNIT PRICE EKTEAMOUNT N Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization/Bonds/Insurance/Permit 1.00 LS 03C.IF jO3 , A2 Sump Pum - 1 HP Single-Phase 150 GPM 2.00 EA 1k,SO 0 � A3 Sump Pump Electrical 1.00 LS 3C.o,3. 603• -- A4 Sump Improvements 1.00 LS z Yso. rZ Y-50. A5 2" Piping 70.00LF 9P 2.S26.ar A6 4" Piping 8.00 LF da A7 2" Check Valve 4.00 EA , LO , A8 4" Check Valve 2.00 EA Z/ 1117 A9 8" C900 PVC 40.00 LF .- izoo, -21 A10 Trash Guard 1.00 LS All n 9AW u 1.00 LS 5407,°= 07-7_ Al2 Tunnel Excavation and Compaction 1.00 LS 44902 L W A13 Wall Penetration and Waterproofing 1.00 LS 3.M,"° 3 .`� A14 Tie-to Existing Wastewater Line 2.00 EA aw, V A15 Manhole 1.00 EA .',.° 0 3 A16 Waterline Adjustment 30.00 LF , dig A17 Concrete Sidwalk Demolition and Replacement 135.00 SF O, A18 Remove Existing Wastewater Manhole 1.00 EAZ993-92 Ziff-3.0' A19 Remove and Replace 8" Wastewater Line (0'-6' 12.00 LF -,� 1 bo , A20 8" C900 22.5 Long Sweep Bend 1.00 EA •W 22T 0- A21 Manhole 1.00 EA 0 7 A22 Tie-Existing Piping 1.00 EA zly. A23 Tie-ExistingPiping into Manhole 3.00 EA / t A25 un 2.00 A A26 JElectrical Shut-Off Float for Pool Circulation Pump 1 1.00 tZA 17,162,", Z, SUBTOTAL PART A-GENERAL(Items Al thru A26) Part B-ADDITIVE ALTERNATE NO.1 (per SECTION 0123 10 ALTERNATES AND ALLOWANCES) B1 Bonds/Insurance 1.00 LS % 32% ."- Bid y: 32 . .-Bid Form Page 1 of 2 Oso Pool Mechanical Room Improvements Rev 01113-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED UNIT AMOUNT B2 Concrete Repair 1.00 LS SUBTOTAL PART B-ADDITIVE ALTERNATE NO.1(Bl THRU 132) BID SUMMARY TOTAL PART A-GENERAL(Items Al thru A25) 13.2 TOTAL PART B-ADDITIVE ALTERNATE NO. 1 (items Bl thru B2) yl BASE BID TOTAL PROJECT PLUS ADD ALTERNATES NO. I 3 1.7 Contract Times Bidder agrees to reach Substantial Completion in 45 Idays Bidder agrees to reach Final Completion in 1 75 Idays Bid Form Page 2 of 2 Oso Pool Mechanical Room Improvements Rey 0113-2016 FMAC TASK ORDER AGREEMENT This FACILITIES MULTIPLE AWARD CONTRACT TASK ORDER AGREEMENT (ORDER) is between the City of Corpus Christi, a Texas home-rule municipal corporation (CITY), acting through its duly authorized City Manager or designee, the Director of Engineering Services or City Engineer, and JE Construction Services CONTRACTOR), acting by and through its duly authorized representative, Grant Dietze (Name), Vice-President (Title). The parties agree as follows: 1. This ORDER is issued under the Facilities Multiple Award Contract Master Agreement signed on July 26, 2016, pursuant to Request For Proposals No. 2016- 04. All terms and conditions of the Master Agreement pertain to this ORDER. 2. CONTRACTOR was selected for award of this ORDER under Request for Task Order Proposal (RFTOP) No. E17053. 3. CONTRACTOR shall construct and complete certain improvements in accordance with the plans and specifications described in Exhibit"A" (attached and incorporated herein), perform all work as provided in said plans and specifications, and do such additional work as may be considered necessary to complete the work in a satisfactory and acceptable manner (the "Work"). The CITY reserves the right to make such changes in the plans and specifications and in the character of the work as may be necessary or desirable. Authorization for all changes must be made in writing. The CONTRACTOR shall furnish all labor, tools, material, machinery, equipment and incidentals necessary to the prosecution of the Work unless otherwise provided by the written terms of the plans and specifications. 4. The work described in Exhibit "A" shall be completed within 45 Calendar Days of Notice To Proceed. 5. 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 4 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): a. Substantial Completion: Contractor shall pay Owner $500.00 for each day that expires after the time specified in Paragraph 4 for Substantial Completion until the Work is substantially complete. b. Completion of the Remaining Work: Contractor agrees to pay Owner $250.00 for each day that expires after the time specified FMAC Task Order Agreement Page 1 Proj E17053 Oso Pool Mechanical Room Impr Rev 09/06/2017 in Paragraph 4 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. c. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. d. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. e. 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. 6. In consideration of the completion of the above-described Work, the CITY agrees to pay to CONTRACTOR the lump sum amount of ONE HUNDRED FORTY- THREE THOUSAND, SEVEN HUNDRED FIFTY-EIGHT DOLLARS AND NQ/100 ($143,758.00) for City Proiect E17053 OSO POOL MECHANICAL ROOM IMPROVEMENTS. Said payment shall be conditioned upon the acceptance of the work by the CITY as certified by its final inspection following the receipt of notice from the CONTRACTOR that the work is completed and ready for acceptance. Upon completion of work and before acceptance and final payment is made, the CONTRACTOR shall clean and remove from the work site all surplus and discarded materials, temporary structures and debris of every kind in order to leave the work site in a neat, orderly condition, equal to that which originally existed. The CONTRACTOR shall submit a notarized affidavit that bills for all labor, equipment, materials and supplies associated with the project have been paid before final payment is released. 7. All work shall be performed in a workmanlike manner and to the satisfaction of the CITY. The CITY shall determine the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the Work, sequence of construction and interpretation of the plans and specifications. S. The CONTRACTOR agrees to provide Performance/Payment Bonds and insurance as required and outlined in the Task Order documents. 9. The CONTRACTOR shall, at all times, observe and comply with City, federal, state and county laws, ordinances or regulations which in any manner affect the conduct of the Work. The CONTRACTOR shall be responsible for procuring all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work, unless otherwise provided by the written terms of the plans and specifications. 10. This Agreement or the Work provided may not be assigned or subcontracted by CONTRACTOR without the written permission of the CITY. FMAC Task Order Agreement Page 2 Proj E17053 Oso Pool Mechanical Room Impr Rev 09/06/2017 IN WITNESS WHEREOF this Agreement is executed. CITY OF CORPUS CHRISTI CONTRACTOR: n/a JE Construction Services Mark Van Vleck, ACM Company Public Works, Utilities, Transportation Digitally signed by Grant Die— DN.Grant D i etze Du ma Grant Dietze o=JE Constru ion Se ices US Date mail=g rant608.5cc. -05' Date:2017.09.2fi 08:58:28-05'00' Authorized Signature n/a Grant Dietze, VP Valerie Gray, P.E. Print Name and Title Exec. Dir. Public Works Date 11309 Leopard St., Suite E Address Digitally signed by Jeff Edmonds DN:cn=Jeff Edmonds,o,—Engineering, Date2017.10.1213:2:28-5'00' Corpus Christi, TX 78410 Date:2017.10.12 13:42:28-05'00' Jeff Edmonds, P.E. City, St, Zip Dir. Engineering Services 361/933-0501 Phone APPROVED AS TO LEGAL FORM: arant@jecs.cc 2017.10.1211:28:15 Email -05'00' Asst. City Attorney 1020-13115-141-530210-E17053 Funding Source FMAC Task Order Agreement Page 3 Proj E17053 Oso Pool Mechanical Room Impr Rev 09/06/2017 76/26/2017 TE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Hone Counts NAME: y K&S Insurance Agency aONNo Ext: (972)772-7262 A/C NO:FAX (972)771-4695 2255 Ridge Road, Ste. 333 a DD MAIL hcountsQkandsins.com P. O. Box 277 INSURER(S)AFFORDING COVERAGE NAIC# Rockwall TX 75087 INSURERA:FCCI Insurance Group 10178 INSURED INSURERB:National Trust Insurance Co. 20141 JE Construction Services LLC INSURERc:Texas Mutual Insurance Co. 22945 11309 Leopard INSURERD:Hanover Insurance Co. 22292 Suite E INSURER E: Corpus Christi TX 78410 INSURER F: COVERAGES CERTIFICATE NUMBER: 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/YYY MWDD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 DAMAGE TO RENTED A CLAIMS-MADE 1XI OCCUR PREMISES (E.occurrence) ccurrrence) $ 100,000 GL0018400 11/2/2016 11/2/2017 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � JjRO- ECT 1:1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS CA100007275 11/2/2016 11/2/2017 BODILY INJURY(Per accident) $ NON-OWNED Per a PROPERTY DAMAGE HIRED AUTOS AUTOS X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LAB CLAIMS-MADE UMB0022190 11/2/2016 11/2/2017 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? ❑Y N/A (Mandatory in NH) 0001306815 5/17/2017 5/17/2018 E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Contractors Equipment IHDA75524900 11/2/2016 11/2/2017 Leased/Rented-Max per item 650,000 Leased/Ren ted-MaxOccurrence 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: FMAC Projects Program *SEE ATTACHED PAGE* CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi-Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Construction Contract Admin ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 9277 Corpus Christi, TX 78469 AUTHORIZED REPRESENTATIVE Gary Thompson/COUNTS ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) COMMENTS/REMARKS *Additional Insured, Waiver of Subrogation & Primary & Non-Contributory forms #CGL088 1013, CGL 084 1013, CGL 025 1108 applies to the General Liability policy. *Additional Insured, Waiver of Subrogation & Primary & Non-Contributory forms CAU 058 0115 and CAU 042 0115 apply to the Auto Liability policy. *Waiver of Subrogation form #WC 420304B 06/14 applies to the Workers Compensation policy. GENERAL LIABLITY Automatic Additional Insured - Any person or organization whom your required to add as such by reason of a written contract or agreement Primary & Non-Contributory where required by a written contract between the named insured and any person or organization that requires such status. Blanket Waiver of Subrogation as required by written contract between the named insured and any person or organization that requires such status. AUTOMOBILE LIABILITY Additional Insured by Contract - Any person or organization that you are required by a written contract to name as additional insured. Blanket Waiver of Subrogation - We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the "insured contract" . Primary & Non-Contributory where required by a written contract between the named insured and any person or organization that requires such status. WORKERS COMPENSATION Blanket Waiver of Subrogation as required by written contract between the named insured and any person or organization that requires such status. UMBRELLA LIABILITY Umbrella policy follows form per attached policy form UMB024 1108. *ALWAYS REFER TO POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS AND EXCLUSIONS. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AdditionalInsured Coverage ....................................................................................................................................10 BailBonds...................................................................................................................................................................9 BlanketWaiver of Subrogation.................................................................................................................................16 Bodily Injury and Property Damage............................................................................................................................1 Care, Custody or Control............................................................................................................................................3 Contractors Errors and Omissions .............................................................................................................................7 Contractual Liability(Personal &Advertising Injury) ..................................................................................................2 ElectronicData Liability..............................................................................................................................................1 GeneralLiability Conditions......................................................................................................................................14 IncidentalMalpractice...............................................................................................................................................10 Insured......................................................................................................................................................................10 Limited Product Withdrawal Expense.........................................................................................................................4 Limitsof Insurance....................................................................................................................................................12 Lossof Earnings.......................................................................................................................................................10 Newly Formed or Acquired Organizations................................................................................................................12 Non-Owned Watercraft...............................................................................................................................................1 Property Damage Liability—Borrowed Equipment.....................................................................................................1 Tenant's Property and Premises Rented To You.......................................................................................................9 VoluntaryProperty Damage .......................................................................................................................................2 COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s)to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I -COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury" or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. 2. Non-owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability—Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to"property damage" to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for"property damage" to any one borrowed equipment item under this coverage is $25,000 per"occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data"that does not result from physical injury to tangible property. The most we will pay under Coverage A for"property damage" because of all loss of"electronic data" arising out of any one "occurrence" is $10,000. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) We have no duty to investigate or defend claims or"suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V—DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. For purposes of this Limited Electronic Data Liability coverage, the definition of"Property Damage" in SECTION V—DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the"occurrence"that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the"occurrence"that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I —COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions—the Contractual Liability Exclusion is deleted. SECTION I —COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for"property damage" caused by an "occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage"to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) d. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; e. Property caused by or arising out of the "products-completed operations hazard"; f. Motor vehicles; g. "Your product' arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one"occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage)available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the"property damage" arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage"to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; d. Property caused by or arising out of the "products-completed operations hazard"; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 3 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) e. Motor vehicles; f. "Your product' arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a "seller", we will reimburse you for"product withdrawal expenses" associated with "your product' incurred because of a "product withdrawal"to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses"which are incurred and reported to us within one year of the date the "product withdrawal" was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal"This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw"your products"which contain: (1) The same "defect"will be deemed to have arisen out of the same "product withdrawal"; or (2) A different"defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any"product withdrawal" initiated due to: (1) The failure of"your products"to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of"your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of"your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of"your product". b. A"product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time"your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or"property damage" is excluded under Coverage A- Bodily Injury And Property Damage Liability by endorsement. d. Recall of"your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or"suit" against you for"product withdrawal expenses". 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A"Defect" Or A"Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (a) How, when and where the "defect'was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of"your product'. (2) If a "product withdrawal" is initiated, you must: (a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; (b) Send us written notice of the "product withdrawal" as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal". 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect' means a defect, deficiency or inadequacy that creates a dangerous condition. b. 'Product tampering" is an act of intentional alteration of"your product'which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal"will not be limited to those batches of"your product'which are known or suspected to have been tampered with. c. 'Product withdrawal" means the recall or withdrawal of"your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect' in "your product', or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. 'Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non-salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 6 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (7) Costs of warehouse or storage space; or (8) Costs of proper disposal of"your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but"product withdrawal expenses" does not include costs of the replacement, repair or redesign of"your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller"does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a "contractor", we will pay those sums that you become legally obligated to pay as damages because of"property damage"to"your product", "your work"or"impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or"suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage"occurs in the "coverage territory' during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments—Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury"or"personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates orjob costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 7 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy,or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage"to property owned by, rented or leased to the insured. h. Any liability incurred or"property damage"which occurs, in whole or in part, before you have completed "your work." "Your work"will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage"to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage" to property other than "your product," "your work"or"impaired property." m. Any liability arising from claims or"suits"where the right of action against the insured has been relinquished or waived. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 8 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) n. Any liability for"property damage"to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor" does not include a "seller" as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one"occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. SECTION I -COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS— COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS—COVERAGES A, B, D, E, and G. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to$2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 9 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit', including actual loss of earnings up to $500 a day because of time off from work. SECTION II—WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The"employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50%of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the"bodily injury", "property damage" or"personal and advertising injury"for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 10 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (5) Nothing herein shall extend the term of this policy. g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any"occurrence"that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury"or"property damage" included within the "products-completed operations hazard". i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. j. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to"bodily injury"or"property damage" caused by"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 11 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale 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 (h) "Bodily injury"or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization,from whom you have acquired such products,or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of"bodily injury" or"property damage" included in the "products-completed operations hazard"; c. Damages under Coverage B; d. Voluntary"property damage" payments under Coverage D; and e. Care, Custody or Control damages under Coverage E. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 12 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary"property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; and f. Contractors Errors and Omissions under Coverage G. because of all "bodily injury" and "property damage" arising out of any one"occurrence". 3. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above,the higher of$10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of"bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one "occurrence" is $1,500. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one "occurrence" is $1,000. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for"product withdrawal expenses" in any one-policy period, regardless of the number of insureds, "product withdrawals" initiated or number of"your products"withdrawn is$10,000. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 13 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one-policy period, regardless of the number of insureds, claims or"suits" brought, or persons or organizations making claim or bringing "suits" is$10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 10. Paragraph 13. is added as follows: 13. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. This requirement applies only when the"occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 14 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee")or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the "occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence"or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee")or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an "occurrence"to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence"to us as soon as you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 15 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or"your work" included in the "products-completed operations hazard" under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you prior to the loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 16 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE OPTIONAL Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the"coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II—Who Is An Insured is amended to include as an additional insured: 1. 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 in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. Your work" performed for the additional insured and included in the "products-completed operations hazard" if such coverage is specifically required in the written contract or agreement. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) However, the insurance afforded to such additional insured(s)described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV—Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence" or an offense which may result in a claim or"suit' under this insurance, and of any claim or"suit'that does result; 2. Send us copies of all legal papers received in connection with the claim or"suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or"suit' to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit'. F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. POLICY NUMBER: CA100007275-01 COMMERCIAL AUTOMOBILE CAU 042 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION PRINIARYINON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II. A. 1. Who Is An Insured is amended by adding the following: 1. Any person or organization designated in the schedule below is an "insured'' for Liability Coverage but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. 2. This insurance is primary and non-contributory to other coverages of the person or organization shown in the Schedule when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. SCHEDULE Name of Person or Organization: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the ?bodily injury? or?property damage? occurs and that is in effect during the policy period. CAU042 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 1 Copyright 2013 FOCI Insurance Group. Ir,sa�ad Copy AUTO FIRST CHOICE COVERAGE ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AirbagCoverage. ......................................................................................................................................................3 Auto Loan/Lease Gap Coverage............................................................................................ .3 BroadForm Insured......._... ..... ...__.................................................................................................................. ....1 Concealment, Misrepresentation or Fraud...................... ......................................................................................._4 Deductible................................................................................................ ......................................................... .......3 Duties in the Event of Accident, Claim, Suit or Loss.................................................................................................4 FellowEmployee.......................................................................................................................................................2 Fire Department Service Charge,,................ ....................... .......... ............. .................................2 Other Insurance for Hired Auto Physical Damage Coverage .-........ .......4 Lossof Earnings........................................................................................................................................................2 Loss of Use Expenses.............................................. .............. ............................................. 2 SupplementaryPayments.... . .............................................................................................................................2 Transfer of Rights of Recovery against Others to Us ...............................................................................................4 TransportationExpenses ..........................................................................................................................................2 Issued Copy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II —COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1.Who Is An Insured in section A, Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision. (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. g. Any "employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: CAU 058(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 4 Copyright 2015 FCCI Insurance Group. Insured Copy COMMERCIAL AUTO CAU 058 (01 15) (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the 'insured" arising out of and in the course of a fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child, parent, brother or sister of that fellow ''employee" as a consequence of Paragraph a. above. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows. A. Paragraph 4, Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to$75 per day to a total maximum of$2,000 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration,when the covered°auto" is returned to use or we pay for its"loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we wili pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of$2,000- B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered ,auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. d. Auto Loan/Lease Gap Coverage The fallowing provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered 'auto", we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties. interest. or other charges resulting from CAU 058 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 4 Copyright 2015 FOCI Insurance Group. Insurer Copy COMMERCIAL AUTO CAU 058(01 15) overdue payments at the time of the"loss (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability insurance purchased with the loan or lease, and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto" is a covered "auto" under this coverage form and the loss payee of the covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered 'auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the"loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3, under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for"loss" due and confirmed to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". However, this exclusion does not include the discharge of an airbag in a covered "auto" you own that inflates due to a cause other than a cause of"loss' set forth in Paragraphs AA.b and A.'I.c,but only: a. If that"auto" is a covered °auto" for Comprehensive Coverage under this policy; b, The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of$1,000 for any one "loss" D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. (3) Glass damage to the side or rear windows if the glass is repaired rather than replaced. However, no deductible shall apply to damage to the windshield of any covered "auto" or to safety glass. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accident", claim, "suit" or 'loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (e) An executive officer or insurance manager, if you are a corporation; or CAU 055(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 3 of 4 Copyright 2015 FCCI Insurance Group. nsveo Cooy COMMERCIAL AUTO CAU 058 (01 15) (d) A member or manager, if you are a limited liability company. B. Condition 5. Transfer of Rights of Recovery against Others to Cls under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own; (1) Any covered "auto" you lease, hire, rent or borrow, and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners {if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058 (01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 4 of 4 Copyright 2015 FCCI Insurance Group. Ir+sureo copy TeXP.SMutuat WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured Copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1, ) Specific Waiver Name of person or organization ( X } Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: INCLUDED, SEE INFORMATION PAGE. 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 0511712017 at 12:01 a.m.standard time,forms a part of: Policy No.0001306815 of Texas Mutual Insurance Company effective on 05/17/2017 Issued to: JE CONSTRUCTION SERVICES LLC &Le Authorized Representative NCCI Carrier Cade:29939 05/tt/2017 PO Box 12058,Austin, TX 78711-2058 1 of 1 (800)859-5995 1 Fax(800)359-0650 1 texasmutual.com WC 42 03 04 B INTERLINE IL 014 (04 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE CHANGES POLICY NUMBER POLICY CHANGES COMPANY GL 0018400 2 EFFECTIVE FCCI INSURANCE COMPANY 11/02/2016 NAMED INSURED AUTHORIZED REPRESENTATIVE J E Construction Services LLC 07062-001 11309 Leopard St Ste E K&S Insurance Agency Corpus Christi, TX 78410-2635 PO Box 277 COVERAGE PARTS AFFECTED This endorsement modifies insurance provided under the fallowing: GENERAL LIABILITY CHANGES PREMIUM: $0 This endorsement modifies insurance provided under the following: Blanket 3rd Party Notice of Cancellation IL 011 (07109) If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy, and 2. We receive such written request at least 45 days before the effective date of cancellation. We will mail such notice at least 30 days before the effective date of the cancellation. All other terms and conditions remain unchanged. Authorized Representative Signature IL 014 (04 04) Contains copyrighted material of Insurance Services Page 1 of 1 Office, Inc., with its permission. IL 060 (07 13) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET NOTIFICATION TO OTHERS OF CANCELLATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if; 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and, 2. We receive such written request at least 45 days before the effective date of cancellation. Vele will mail such notice at least 30 days before the effective date of the cancellation. Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or organization to be given notice, and said person or organization shall have no rights under this policy if he/it does not receive notice per this endorsement, IL 060 (07 13) Copyright 2013 FCCI Insurance Group. Page 1 of 1 Insured Cooy TeXP.SMutuat 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 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE 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 0511712017 at 12:01 a.m.standard time,forms a part of: Policy No.0001306815 of Texas Mutual Insurance Company effective on 05/17/2017 Issued to: JE CONSTRUCTION SERVICES LLC &Le Authorized Representative NCCI Carrier Cade:29939 os/tt/2017 PO Box 12058,Austin, TX 78711-2058 1 of 1 (800)859-5995 1 Fax(800)359-0650 1 texasmutual.com WC 42 06 01 '`eco EVIDENCE EVIDENCE OF PROPERTY INSURANCE DA101055/2o 7" THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHONE ,*1214 234 8871 COMPANY K 8 S GROUP,INC American Zurich Insurance Company 18601 LBJ FWY STE 420 MESQUITE,TX 75150-6439 119 .+1 214 234$876 no aL .hcounts@kandsins.com cooe: 11281094 SUB CODE: AGENCY 3MER ID INSURED LOAN NUMBER POLICY NUMBER JE Construction Services,LLC BR10909440 11309 Leopard EFFECTIVE DATE EXPIRATION DATE CQNTINUED UNTIL Corpus Christi.TX 78410 Suite E 10(0512017 04/0512018 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATIONIDESCRIPTION 1109 Bernice Dr Corpus Christi,TX 78412 OSO Pool Mechanical Room Improvements E17053 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 EVIDENCE OF PROPERTY INSURANCE 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, COVERAGE INFORMATION COVERAGE I PERILS I FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk Coverage Form $1,000 Renovations and Improvements $145.000 All Covered Property at all Locations $145,000 REMARKS(Including Special Conditions CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE ic I ADDinoNALINSURED City of Corpus Christi -- LOSS PAYEE 1608 S.Browlea Blvd LOAN D Corpus Christi,TX 78404 AUTHORIZED R ENTATIVEE i41 ACORD 27(2009112) © 93-2009 ACORD dbRPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 006116 PAYMENT BOND BOND NO. 1001087230 Contractor as Principal Surety Name: JE Construction Services Name: U.S.Specialty Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 11309 Leopard St.,Suite E 5601 Granite Parkway,Ste. 1100 Corpus Christi,Texas 78405 Plano,TX 75024 Physical address(principal place of business): Owner 5601 Granite Parkway,Ste. 1100 Name: City of Corpus Christi,Texas Plano,TX 75024 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 offirms 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): Project No.E17053 Oso Pool Mechanical Room Improvements(FMAC) 972/930-0641 Telephone(for notice of claim): 1-800486-6695 Local Agent for Surety Name: Cam Fletcher Award Date of the Contract: _September 22,2017 Address: 5601 Granite Parkway,Ste. 1100 Contract Price: $143,758.00 Plana,TX 75024 Bond Telephone: 972/930-0641 Email Address: CFLETCHER hcc.com Date of Bond: September 28,2017 The address of the surety company to which any (Dote 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.1-800-252-343-9 FMAC Payment Bond 00 61 16-1 E17053 Oso Pool Mechanical Rm Impr FMAC 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void,otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Princ' 1 JE C [ruction Services, LLC Surety U.S. Specialty Insurance Company y, Signature: Signature: Name: Name: Robert G. Kanuth Title: E/_ _ Title: Attorney-in-Fact Email Address: 5 c a c ; L 5- t Email Address: rkanuth,cr kandsins.com (Attach Power of Attorney and place surety seal bef6w)• ti END OF SECTION FMAC Payment Bond 006116-2 E17053 Oso Pool Mechanical Rm Impr FMAC 7-8-2014 POWER OF ATTORNEY A:IIERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation(collectively, the "Companies"),do by these presents make, constitute and appoint: Johnny Moss,Jay Jordan,Tony Fierro,Jeremy Barnett,Jade Porter,Mistie Beek, Robert G.Kanuth or Jarrett Willson of Rockwall,Texas its true and lawful Attorneys)-in-fact, each in their separate capacity if more than one is named above, 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 riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Ten Million****** Dollars ($ *10,000,000.00* )^ This Power of Attorney shalt expire without further action on November 3,2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: 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 Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Atio neV-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,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. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seats to be hereto affixed,this I st day of November,2016, AMERICAN CONTRACTORS INDEMNI'T'Y COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY It, T4gS' iSuS ru+inr ,. ,l,umururry �Of19�lJ h'.C'EOr,�y .�_ By: ucueras.lac w e;= _ 7 - a Daniel P.Aguilar Vice President .moi:., :'.o�c `'0.9''• rp2a '.,lP�,: :Pywoa Y ,.•r� "oC�LnFOFN�►P ..t.. FOF S`c-'t'..•` .. .. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. - - State of California County of Los Angeles SS: On this 1st day of November,2016, before me,Sabina Morgenstein,a notary public, personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SABINA MORGENSTEIN Commission # 2129258 Signature (Seal) Notary Public- California _- Los Angeles County @My Comm.Expires Nov 3,2014 - JL.. bOx c I a3N nx a: n--C SmAO 4,;K n°q ; �.Z� ows= 'fla ma ='� ow3= as a�a�I : i o � ?o l� CD s � 10 a v C, a o• i x n a �; a J, i 6 yy 631 a t '0'O1�Jaz o g= cR 1'. 4 � 006113 PERFORMANCE BOND BOND NO. 1001087230 Contractor as Principal Surety Name: JE Construction Services Name: U.S. Specialty Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 11309 Leopard St.,Suite E 5601 Granite Parkway,Ste. 1100 Corpus Christi,TX 78405 Plano,TX 75024 Physical address(principal place of business): Owner 5601 Granite Parkway,Ste. 1 100 Name: City of Corpus Christi,Texas Plano,TX 75024 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): Proiect No.E17053 Oso Pool Mechanical Room 972/930-0641 Improvements(FMAQ Telephone(for notice of claim): 1-800-486-6695 Local Agent for Surety Name: Cam Fletcher Award Date of the Contract: September 22,2017 Address: 5601 Granite Parkway,Ste, 1100 Contract Price: $143.758.00 Plano,TX 75024 Bond Telephone: 972/930-0641 Email Address: CFLETCHER hcc.com Date of Bond: September 28,2017 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bonrcndbe earlier than Award Date from the Texas Dept.of Insurance by calling the of the Contra following toll-free number.1-800-252-3439 FMAC Performance Bond 00 6113-1 E17053 Oso Pool Mechanical Rm Impr FMAC 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 Construction Services, LLC Surety U.S. Specialty Insurance Company Signature: Signature: Name: SA A<- C c wig Name: Robert G. Kanuth Title: 1�. Title: Attome -in-Fact Email Address: i e LS . C-C Email Address: rkanuth kandsins,com .' (Attach Power of Attorney and place surety seal below�� t, ,'.`• END OF SECTION FMAC Performance Bond 006113-2 E17053©so Pool Mechanical Rm Impr FMAC 7-8-2014 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland. corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute and appoint: Johnny ,floss,Jay Jordan,Tony Fierro,Jeremy Barnett,Jade Porter,Mistie Beek, Robert G. Kanuth or Jarrett Willson of Rockwall,Texas its true and lawful Attorneys)-in-fact,each in their separate capacity if more than one is named above, 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 riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Ten Million****** Dollars ($ *10,000,000.00* ). This Power of Attorney shall expire without further action on November 3,2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: 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 Ilse name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolver!,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, IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 1st day of November,2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY n mey, ,umrn,q„_ - ,�(488UA 1, 0 ���, C"''•, ca�ti.. S ehe 40_ '.• {' c o - B - SEPF i3.,999 : a 'o� S :"; Daniel P.Aguilar,Vice President '?moi'•... :.03 y�j .,:;•�'`- =o,Url: :'S .........••'' nq�LlppAN" nn,n,aa`"",` "grrr�sn:,5a,�` urrnunu,,,"".` Fnotary public or other officer completing this certificate verifies only the identity of the individual who signed the cument to which this certificate is attached,and not the tntthfttlness,accuracy,or validity of that document. State of California County of Los Angeles SS: On this Ist day of November,2016, before me,Sabina Morgcnstein,a notary public, personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S,Specialty insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.. WITNESS my hand and official seal. SABINA MORGENST€IN Commission N 2129258 Signature (Seal) Notary Public- California Los Angeles County 014yComm. Expire s Nov 3,20112 1,Kio Lo,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S. Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this day of 5epitAkr ;T. ,,,p,11r,......r slrnHuuruH, ,yp,uu...u....., ,uugnru„ - Corporate Seals m. ...r,acr.. 4p� £S surrfi ogolNcc"',, o`.v tinsur�� . uo� Kio Lo,Assistant Secretary Bond No. 17042 ga_ o y� Fr s s a. 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