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HomeMy WebLinkAboutAgenda - 10-15-2013 - 7aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 15, 2013 Action Agenda Item No. 7 -a SUBJECT: Infrastructure Design and Construction Administration Contract for Morinaga Site DEPARTMENT: Planning, Economic Development PUBLIC HEARING: (Y /N) No ATTACHMENT(S): 1) Map Showing Proposed Morinaga Site 2) McGill Associates Contract with Scope of Services Exhibits A, B, C 1 INFORMATION CONTACT: Craig Benedict, Planning (919) 245 -2592 John Roberts, County Attorney (919) 245 -2318 Steve Brantley, Economic Development (919)245 -2325 Kevin Lindley, Planning (919)245 -2583 PURPOSE: To consider approving a contract with McGill & Associates for the design, permitting and bid and construction administration of interstate frontage road, water and sewer infrastructure to serve the proposed Morinaga manufacturing facility site. BACKGROUND: At the September 5, 2013 BOCC regular meeting, the Board was given a presentation on the Morinaga Company and its decision to build a manufacturing facility in the Buckhorn Economic Development District (EDD). The site is situated just south of Interstate 85/40, north of Bowman Road and east of Ben Wilson Road (Attachment 1). In order to provide infrastructure support for this site for the proposed facility, there are improvements which need to provided, including road access, water and sewer infrastructure. The City of Mebane will provide water and sewer treatment. This work is the extension of other master planned water, sewer and roadway infrastructure plans in the area. This work is consistent with the Efland- Mebane Small Area Plan, the one - quarter ('/4) cent sales tax Economic Development infrastructure initiative and the 400 -acre transportation access management plan. County staff proposes to contract with McGill & Associates to perform the required engineering survey, design, permitting and bid administration for portions of this project. The proposed contract is Attachment 2. This is a contract with a consultant chosen through a Request for Proposals (RFP) in 2011 and used for Central Efland /North Buckhorn construction oversight as well as the design and permitting of the McGowan Creek Interceptor. The original contract with McGill & Associates was approved June 2011. FINANCIAL IMPACT: The contract with McGill is in the amount of $142,000. The contract will be paid from the one - quarter ('/4) cent sales tax infrastructure account as noted in the presentation of September 5. Orange County will be seeking a 75% CDBG grant from the North Carolina Department of Commerce related to these project costs and the construction costs of water and sewer. These County funds will serve as part of the 25% county match. CDBG grants for this type of work may be up to $1,000,000 with up to $250,000 local match. RECOMMENDATION(S): The Interim Manager recommends the Board approve and authorize the Chair to sign the contract on behalf of the Board. Site and Proposed Infrastructure for Morinaga Facility (Conceptual Layout) Attach3ment1 ATTACHMENT 2 4 [Departmental Use Only] TITLE Wilson Industrial Park FY 2013 -14 NORTH CAROLINA SERVICES AGREEMENT OVER $90,000.00 RFP — NO REIMBURSABLE EXPENSES This Services Agreement (hereinafter "Agreement "), made and entered into this day of , 20 , ( "Effective Date ") by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "County ") and McGill & Associates, (hereinafter, the "Provider "). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Services Agreement ( "Agreement ") is for professional services to be rendered by Provider to County with respect to (insert type of project): Water, Sewer, Design Services, Surveying/Environmental, and Water /Sewer Construction Oversight ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance Revised July 2010 with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and /or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) Provider agrees that Provider, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Provider's services under this Agreement. vi) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and /or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. 3. Basic Services a. Basic Services. i) The Provider shall perform as Basic Services the work and services described herein and as specified in the County's Request for Proposals (the "RFP ") "RFP Number for " " issued , 20 , and the Provider's proposal, which are fully incorporated and integrated herein by reference together with Attachments (designate all attachments). In the event a term or condition in any document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control. Should such conflict arise the priority of documents shall be as follows: This Agreement, the County's RFP together with attachments, Provider's Proposal together with attachments. Revised July 2010 2 ii) The Basic Services will be performed by the Provider in accordance with the following schedule: (Insert task list and milestone dates) Task 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Milestone Date iii) Should County reasonably determine that Provider has not met the Milestone Dates established in Section 3(a)(ii), County shall notify Provider of the failure to meet the Milestone Date. The County, at its discretion may provide the Provider seven (7) days to cure the breach. County may withhold the accompanying payment without penalty until such time as Provider cures the breach. In the alternative, upon Provider's failure to meet any Milestone Date the County may modify the Milestone Date schedule. Should Provider or its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to such modified schedule, County may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Provider. This section shall not be interpreted to limit the definition of breach to the failure to meet Milestone Dates. 4. Duration of Services a. Term. The term of this Agreement shall be from to b. Scheduling of Services i) The Provider shall schedule and perform his activities in a timely manner so as to meet the Milestone Dates listed in Section 3. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate his efforts, including providing additional resources and working overtime, as necessary, to perform his services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement. The maximum amount payable for Basic Services is One Hundred Sixty Seven Thousand Dollars ($167,000). In the event the amount stated on an invoice is disputed Revised July 2010 3 7 by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. Payments will be made as percentages of the whole as Project milestones as set out in Section 3(a)(ii) are achieved. (For example, if there are 10 Project Tasks with Milestone Dates then Provider may invoice for the first 10% of the whole upon County's acknowledgement of the satisfactory completion of Task one. Upon the County's acknowledgement that the second Task has been satisfactorily completed Provider may invoice for the next 10% of the whole.) b. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated the ( ) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and /or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. The Provider shall purchase and maintain and shall cause each of his subcontractors to purchase and maintain, during the period of performance of this Agreement: i) Worker's Compensation Insurance for protection from claims under workers' or workmen's compensation acts; ii) Comprehensive General Liability Insurance covering claims arising out of or relating to bodily injury, including bodily injury, sickness, disease or death of any of the Provider's employees or any other person and to real and personal property including loss of use resulting thereof; iii) Comprehensive Automobile Liability Insurance, including hired and non -owned vehicles, if any, covering personal injury or death, and property damage; and iv) Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims arising out of or related to the performance under this Agreement by the Provider or his agents, Providers and employees. b. Insurance Rating. The minimum insurance rating for any company insuring the Provider shall be Best's A. If the Provider does not meet the insurance requirements the County's Risk Manager must be consulted prior to finalizing this Agreement. C. Limits of Coverage. Minimum limits of insurance coverage shall be as follows: Revised July 2010 4 INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE • Worker's Compensation Limits for Coverage A - Statutory State of N.C. Coverage B - Employers Liability $500,000 each accident and policy limit and disease each employee • Commercial General Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate. • Automobile Liability Combined Single Limit $500,000 • Professional Liability NOTE: Insert coverage limits required by Risk Manager if applicable. d. Additional Insured. All insurance policies (with the exception of Worker's Compensation and Professional Liability) required under this Agreement shall name the County as an additional insured party. Evidence of such insurance shall be furnished to the County, together with evidence that each policy provides the County with not less than thirty (30) days prior written notice of any cancellation, non - renewal or reduction of coverage. 8. Indemnity a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Revised July 2010 5 9 c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. c. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non - performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. d. Entire Agreement. This Agreement, together with the RFP and its attachments and the Proposal and its attachments, represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. e. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. f. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or Revised July 2010 6 things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. g. Non - Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non - appropriation of public funds. It is expressly agreed that County shall not activate this non - appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and /or mandated functions, by state and /or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. h. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Attention: Craig Benedict P.O. Box 8181 Hillsborough, NC 27278 Provider's Name & Address McGill & Associates 1240 19th Street, Lane NW Hickory, NC 28603 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: IM Barry Jacobs, Chair Orange County Board of Commissioners Attest: Donna Baker, Clerk to the Board [SEAL] Revised July 2010 7 19 t111111101.3 i Printed Name and Title 10 11 This instrument has been approved as to technical content. Craig Benedict, Department Director This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Director This instrument has been approved as to form and legal sufficiency. Office of the County Attorney Revised July 2010 12 EXHIBIT "A" PROJECT UNDERSTANDING for "WILSON INDUSTRIAL PARKWAY" SURVEYING AND ENVIRONMENTAL SCOPE of SERVICES Surveying 1. Prepare a 200 foot wide by approximately 2,500 foot long topographic route survey for the proposed roadway with one (1) foot contours tied to North Carolina State Plane coordinate system. 2. Provide topographic survey of Ben Wilson Road 200 foot to the west and south of the proposed intersection with the new roadway. 3. Prepare a topographic survey of Ben Wilson Road west to Connolly Trace for preparing water line plans and profiles. 4. Prepare a topographic survey of the proposed 1,500 linear feet sewer line route for preparing sewer line plans and profiles. 5. Locate existing property boundaries (three parcels) and NCDOT right -of -ways on the map. 6. Survey will show existing utilities as located by NC One Call. 7. Locate and show on the survey, delineated streams and wetlands along the proposed roadway route, sewer line route, and along the south side of the proposed industrial site, and prepare a metes and bounds survey. 8. Prepare Right -of -Way plats for the new roadway for recordation with Orange County as necessary. 9. Prepare easement maps for the proposed sewer line for acquisition of easements by Orange County. 10. Set required property pins for the new right -of -way plat. Geo- Technical Testing 1. Conduct soil investigations, including drilling and testing soil borings based on NCDOT standards spaced at 200 feet, minimum with 2 borings in cut locations. 2. Install piezometers in cut area borings for 24 hour groundwater readings. 13 3. Provide recommendations for design and construction of the proposed roadway. 4. Prepare engineering reports, in NCDOT format and issued as an Inventory Report and Recommendations Report. Environmental Report 1. The environmental reporting includes stream and wetland delineations, threatened and endangered species and contacting the offices of State Historic Preservation Office (SHPO). 2. The environmental reporting includes the property bounded by Ben Wilson Road on the west and extending 2,500 feet to the east, extending approximately 200 feet south of Interstate 85 right of way. The report will also include the corridors for the water line and sewer line routes. 3. Conduct field delineation for jurisdictional waters /wetlands on site. 4. Mark all features that exhibit characteristics of waters /wetlands with plastic surveyor's flagging, to be located by the surveyor. 5. Upon completion of the delineation, prepare and submit required necessary documentation for verification by U.S. Army Corps of Engineers ( USACE) and N.C. Division of Water Quality (NCDWQ). Included is a one day site verification visit with USACE and NCDWQ. 6. Prepare a report that contains the findings, conclusions and permitting requirements for the project. 7. Prepare a preliminary Threatened and Endangered (T & E) Survey through the North Carolina Natural Heritage Database and summarize in a letter report. If species of concern are identified, a detailed survey of the area may be required. A detailed study for Threatened and Endangered Species are not included in this scope of work. 8. Submit necessary site information to SHPO for review and comment about potential historic properties /structures within the project site boundaries. 9. Prepare environmental report to accompany CDBG funding application. 14 EXHIBIT "B" PROJECT UNDERSTANDING for "WILSON INDUSTRIAL PARKWAY" WATER AND SEWER DESIGN AND ENGINEERING SCOPE of SERVICES 1. Meet with the Owner, Mebane and all relevant parties to fully determine scope and requirements for the project. 2. Prepare preliminary route map of approximately 3,700 feet of water line along Ben Wilson Road from Connolly Trace to the proposed roadway and then along the proposed roadway, along with approximately 1,500 feet of gravity sewer line overland from a sewer line currently under construction to the proposed development site for approval by the Owner and Mebane. 3. Prepare preliminary engineering report to accompany Community Development Block Grant (CDBG) funding application as required by NC Department of Commerce. 4. Prepare construction drawings per Mebane and Orange County standards for the proposed water and sewer line extensions. 5. Construction plans will include plans, profiles, sediment and erosion control and construction details. 6. Review construction plans with the Owner and Mebane, and make revisions as necessary. 7. Prepare water line extension application, fast -track sewer extension application, and sediment and soil erosion permit application for submittal to N.C. Department of Environment and Natural Resources (NCDENR) for approval. 8. Prepare bid package per Owner and CDBG standards including all contract provisions, special provisions and drawings. 9. Assist Owner with advertising the project for bid, conducting a Prebid meeting, issue addenda as necessary, and reply to any request for information from the contractors during the bid process. 10. Attend project bid opening and prepare a tabulation of bids received. 11. Consult with, and advise the Owner as to the acceptability of contractors and subcontractors and make recommendations as to the lowest, responsive, responsible bidder. 15 12.Assist the Owner in the final preparation and execution of construction contracts and checking performance and payment bonds and insurance certificates for compliance. 16 EXHIBIT "C" PROJECT UNDERSTANDING for "WILSON INDUSTRIAL PARKWAY" WATER AND SEWER CONSTRUCTION ADMINISTRATION AND OBSERVATION SCOPE of SERVICES 1. Schedule a Pre - Construction Conference with the Owner, Mebane, Contractor, Engineer and all other applicable parties to assure discussion of all matters related to the Project. Prepare and distribute minutes of the Pre - Construction Conference to all parties. 2. Provide General Administration of Construction Contract. Consult with Owner and act as Owner's representative as provided in the General Conditions. The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the General Conditions shall not be modified, except as Engineer may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the General Conditions except as otherwise provided in writing. Engineer shall not be responsible for the acts or omissions of any Contractor, or of any subcontractors, suppliers, or other individuals or entities performing or furnishing any of the Work. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. 3. Provide a Construction Field Representative (CFR) to periodically observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. During such visits and on the basis of on -site observations as an experienced and qualified design professional, keep the Owner informed of the progress of the work, and endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. The total construction contract time is assumed to be five (5) months. As part of this contract, field observation will be provided by a CFR on a limited, part -time basis during active work. Additional requested CFR time will be considered Additional Services. 4. Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation, make recommendation for amounts to be paid to the Contractor. 5. Recommend to Owner that Contractor's Work be rejected while it is in progress if, on the basis of Engineer's observations, Engineer believes that such Work will not produce a completed Project that conforms generally to the Contract Documents or that it will threaten the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 17 6. Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. 7. Review and take action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and any approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Review of Shop Drawings and Samples identified as frivolous in the General Conditions of the construction contract documents, or review of substitute materials as defined in the same, shall be deemed as Additional Services. 8. Promptly after notice that Contractor considers the entire Work ready for its intended use, in company with Owner, Mebane, and Contractor, conduct a pre -final observation visit to determine if the Work is substantially complete. If after considering any objections of Owner and Mebane, Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to Owner, Mebane, and Contractor. 9. In company with Owner's and Mebane's representatives, conduct a final observation visit to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice that the Work is acceptable to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. 10. Issue instructions to the Contractor from the Owner as to interpretations and clarifications to the project design plans, specifications and contract documents. 11. Prepare information required to resolve problems due to actual field conditions and to respond to Requests for Information (RFI) from the Contractor. 12. Coordinate and track the testing of pipelines and placing same into service for the project. Additional visits required due to work not being ready for testing, retesting, or Contractor scheduling conflicts shall be considered Additional Services. 13.Assist the Owner in the selection and coordination of an independent geotechnical and materials testing laboratory to be provided at the Owner's expense as necessary. 14. Review and determine the acceptability of any schedules that Contractor is required to submit to Engineer, including Progress Schedule, Schedule of Submittals and Schedule of Values. 15. Prepare certifications of completion for submission to NCDENR Division of Infrastructure for final approvals, as necessary. 16. Prepare for the Owner record drawings showing those changes made during the construction process, based on the marked -up prints, drawings and other data furnished. Provide to Owner and Mebane two (2) printed copies and one (1) electronic PDF copies of record drawings. 17. Provide or make available all Project files and information to effect project closeout.