R-11-02-24-11C3 - 2/24/2011RESOLUTION NO. R -11-02-24-11C3
WHEREAS, the City of Round Rock has duly sought proposals for the HVAC System
Replacement Project, and
WHEREAS, Thermal Mechanical Contractors, Inc. has submitted the proposal determined to
be the most advantageous to the City considering the price and other evaluation factors included in the
request for proposals, and
WHEREAS, the City Council desires to enter into an agreement with Thermal Mechanical
Contractors, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City, subject to
the City Manager's and City Attorney's approval of the final language and terms, the Standard Form of
Agreement with Thermal Mechanical Contractors, Inc. for the HVAC System Replacement Project.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 24th day of February, 2011.
ATTEST:
4-,'L NAPbt-
SARA L. WHITE, City Secretary
O:Awdox\SCClntsV0112V1 l04\MUNICIPALV00214389.DOC/rmc
m
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
City Council Agenda Summary Sheet
Agenda Item No. 11C3.
Agenda Caption:
Consider a resolution authorizing the Mayor to execute "Standard Form of Agreement
between Owner and Contractor" with Thermal Mechanical Contractors, Inc. for the HVAC
Replacement Project.
Meeting Date: February 24, 2011
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Larry Madsen
Construction Manager
Item Summary:
This is for the purchase and installation of HVAC System Replacement for several buildings throughout the City.
Strategic Plan Relevance:
20.0 Build and maintain the facilities needed to make the City
Cost: $320,003.00
Source of Funds: Energy Efficiency Conservation Block Grant
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
City of Round Rock, Texas Contract Forms
Standard Form of Agreement: Section 00500
City of Round Rock, Texas
Standard Form of Agreement between
Owner and Contractor
AGREEMENT made as of the 110/0411-414,011 0/ '1 W Y t 1
year 2011.
(In words, indicate day, month and year)
BETWEEN the Owner:
(Name, address, other information)
and the Contractor
(Name, address, other information)
The Project is described as:
The Engineer is:
(Name, address, other information)
1.1
day of MVl in the
City of Round Rock, Texas (hereafter "Owner" or "City")
221 East Main Street
Round Rock, Texas 78664
Thermal Mechanical Contractors, Inc. (hereafter "Contractor" or "Thermal")
Post Office Box 646
200 East Parsons
Manor, Texas 78653
Furnishing, replacing and installing heating, ventilation and air conditioning
(HVAC) systems in various City of Round Rock facilities in accordance with
the Federal Energy Efficiency and Conservation Block Grant Program #DE-
SC0001618.
Energy Systems Associates, Inc.
100 East Main Street, Suite 201
Round Rock, Texas 78664
For and in consideration of the mutual terms, conditions and covenants of this Agreement and all
accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby
acknowledged, Owner and Contractor agree as follows:
ARTICLE I THE CONTRACT DOCUMENTS
1.1 The Contract Documents consist of this Agreement and any exhibits and attachments appended hereto,
Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda
issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after
execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this
Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties
hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of
the Contract Documents, other than Modifications, appears in Article 8.
1.2 Owner selected Contractor to supply the goods and services outlined in RFP 11-004, Specification No. 11-
914-50 dated December 9, 2010, all as are specified in Exhibit "A" attached hereto and made a part hereof for all
purposes. Contractor expressly agrees to meet all requirements as stated in the attached Exhibit "A," including the
following attachments:
1. Attachment A entitled "City of Round Rock Insurance Requirements"
00215126/jkg Standard Form of Agreement
2. Attachment B entitled "The American Recovery and Reinvestment Act (ARRA) Requirements:
Special Terms and Conditions to be Included in Contracts Funded in Whole or in Part by The
American Recovery and Reinvestment Act of 2009"
3. Attachment C intentionally left blank, and notated "Formerly Davis -Bacon Act Requirements,
now contained elsewhere in exhibits"
4. Attachment D entitled "Davis -Bacon Wage Information as of 06/25/2010"
5. Attachment 03000 Federally Required Contract Clauses
6. Attachment 00700 General Conditions
1.3 Contractor's response to City's Request for Proposal, entitled "Thermal Mechanical Contractors, Inc.
Proposal for City Facilities HVAC Replacement EECBG," is incorporated herein by reference for all appropriate
purposes, and same is placed in binder form in the office of the Round Rock City Secretary.
1.4 Owner expressly acknowledges its duty as a recipient of federal Recovery Act funds to "separately identify
to each subrecipient, and document at the time of subaward and at the time of disbursement of funds, the Federal
award number, CFDA number, and amount of Recovery Act funds." In accordance therewith, Owner furnishes
the following required information: Federal Award Number DE-SC0001618; CFDA Number 81.128; amount of
Recovery Act funds for the portion of the project described herein: $319,821.00.
ARTICLE 2 THE WORK OF THIS CONTRACT
2.1 Contractor shall fully execute the Work described in the Contract Documents, except to the extent
specifically indicated in the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION; DATE OF
FINAL COMPLETION
3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner.
(Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in
a Notice to Proceed.)
The date of commencement of the Work shall be fixed as of the date of issuance of the Notice to Proceed.
3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed.
3.3 Contractor shall commence Work within ten (10) calendar days from the date delineated in the Notice to
Proceed.
3.4 Contractor shall achieve Final Completion of the entire Work no later than one hundred twenty (120)
calendar days from issuance by Owner of the first Notice to Proceed.
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement.
Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain
portions of the Work)
subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early
completion of the Work)
3.5 If Contractor fails to achieve Final Completion of the Work (or any portion thereof) on or before the date(s)
specified for Final Completion in the Agreement, Contractor shall pay to Owner, as liquidated damages, the Sum of
Fifty Dollars ($50.00) for each calendar day that Final Completion is delayed after the date(s) specified for Final
Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable
forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Final Completion
of the Work (or any portion thereof) on or before the date(s) specified for Final Completion in the Agreement. It is
2
agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas,
provision of alternative storage facilities and rescheduling of moving and occupancy dates, is one that is incapable
or very difficult of accurate estimation. The date(s) specified for Final Completion of the Work (or any portion
thereof) herein shall be subject to adjustment as provided in the Contract Documents.
ARTICLE 4 CONTRACT SUM
4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the
Contract. The Contract Sum shall be Three Hundred Nineteen Thousand Eight Hundred Twenty-one Dollars
and No/100 ($319,821.00), subject to additions and deductions as provided in the Contract Documents. Both
parties expressly acknowledge and agree that Contractor's letter dated February 11, 2011 (included in exhibit
documents) shall have precedence over any other documents regarding final total price as being $319,821.00.
4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents
and are hereby accepted by Owner:
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by Owner
subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the
date when that amount expires)
NIA
4.3 Unit prices, if any, are as follows: Not applicable.
ARTICLE 5 PAYMENTS
5.1 PROGRESS PAYMENTS
5.1.1 Based upon Applications for Payment submitted to Owner by Contractor, and Certificates for
Payment issued by and not disputed by Owner and/or Owner's lender, Owner shall make progress payments on
account of the Contract Sum to Contractor as provided below, in Article 14 of the City of Round Rock General
Conditions, and elsewhere in the Contract Documents.
5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the
last day of the month.
5.1.3 Provided that an Application for Payment is received by Owner not later than the first (1st) day of
a month, Owner shall make payment to Contractor not later than the second Friday of that month. If an Application
for Payment is received by Owner after the application date fixed above, payment shall be made by Owner not later
than one month thereafter.
5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the Contract Sum
among the various portions of the Work. The schedule of values shall be prepared in such form and supported by
such data to substantiate its accuracy as Owner may require. This schedule, unless objected to by Owner, shall be
used as a basis for reviewing Contractor's Applications for Payment.
5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work
as of the end of the period covered by the Application for Payment.
3
5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall
be computed as provided in Article 14 of the City of Round Rock General Conditions.
5.2 FINAL PAYMENT
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by
Owner to Contractor when:
.1 Contractor has fully performed the Contract except for Contractor's responsibility to
correct Work, and to satisfy other requirements, if any, which extend beyond final
payment; and
.2 a fmal Certificate for Payment has been issued by Owner.
5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance
of final Certificate for Payment. In no event shall final payment be required to be made prior to thirty (30) days
after all Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment shall
be treated as non -conforming Work and shall be corrected by Contractor prior to final payment, and shall not be
treated as warranty items.
ARTICLE 6 TERMINATION OR SUSPENSION
6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round
Rock General Conditions.
6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General
Conditions.
ARTICLE 7 MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that
provision as amended or supplemented by other provisions of the Contract Documents.
7.2 Undisputed final payment due and unpaid under the Contract Documents shall bear interest from the sixty-
first (61st) day after the date such undisputed final payment is due at the legal rate prevailing from time to time at
the place where the Project is located.
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other
regulations at Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the
validity of this provision. Legal advice should be obtained with respect to deletions, modifications, disclosures or waivers.)
7.3 Owner's representatives are:
(Name, address, other information)
Steve Norwood
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Larry Madsen
Construction Manager, City of Round Rock
Engineering and Development Services Department
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone: 512-218-5552
Facsimile: 512-218-5563
Email: larrym@round-rock.tx.us
4
7.4 Contractor's representative is:
James L. Brown
President, Thermal Mechanical Contractors, Inc.
Post Office Box 646
Manor, Texas 78653
Telephone: 512-272-5162
Facsimile: 512-272-5208
Email: jb.tmc@sbcglobal.net
7.5 Neither Owner's nor Contractor's representatives shall be changed without ten (10) days' written notice to
the other party.
ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS
8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
8.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of
Agreement between Owner and Contractor, as modified.
8.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions,
as modified.
8.1.3 The Supplementary, Special, and other Conditions of the Contract are those contained in the
Project Manual: Not applicable.
8.1.4 The Specifications are those contained in the Project Manual: Not applicable.
8.1.5 The Drawings, if any, are those contained in the Project Manual: Not applicable.
8.1.6 The Addenda, if any, are as follows:
Date Received
Date Received
Date Received
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the
bidding requirements are also enumerated in this Article 8.
8.1.7 If this Agreement covers subject matter involving federal funds, thereby requiring inclusion of
mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract
Forms 03000," Federally Required Contract Clauses, as modified.
8.18 Other documents not previously delineated herein, if any, which form part of the Contract
Documents are as follows: None.
ARTICLE 9 MISCELLANEOUS
9.1 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach.
5
9.2 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in
accordance with the bid or proposal submitted therefor, subject to proper additions and deductions, all as provided in
the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to
make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to
the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only.
9.3 Although this Agreement is drawn by Owner, both parties hereto expressly agree and assert that, in the
event of any dispute over its meaning or application, this Agreement shall be interpreted reasonably and fairly, and
neither more strongly for nor against either party.
9.4 This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party
with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in
Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and
court decisions of the State of Texas.
9.5 _ Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating
to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation,
any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
9.6 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal
representatives for the full and faithful performance of the terms and provisions hereof.
This Agreement is entered into as of the day and year first written above and is executed in at least two (2)
original copies, of which one is to be delivered to Contractor, and one to Owner for use in the administration of the
Contract.
OWNER
CITY OF RO
By:
Printed Name:
Title:
Date Signed:
,R^O^CK,TEXAS
1r�V1.�
FOR CITY, ATTEST:
By:
Sarasity Secretary
FOR CITY, A' 'R•VEDASTO
By:
RM:
Stephan L.
N
heets, City Attomey
CONTRACTOR
THERMAL MECHANICAL CONTRACTORS, INC.
By:
Printed Name: .Lih cis L,_ /3,-®u
Title: rc idel 1—
Date Signed: 02 -
6
EXHIBIT
nAu
CITY OF ROUND ROCK
REQUEST FOR PROPOSAL
FOR
CITY FACILITIES HVAC REPLACEMENT EECBG
PART I
GENERAL
SOLICITATION NUMBER
11-004
SPECIFICATION NUMBER
11-914-50
DATE: December 9, 2010
1. PURPOSE: The City of Round Rock seeks a qualified Respondent to furnish, replace and install
Heating, Ventilation and Air Conditioning (HVAC) systems in various City facilities in accordance
with the Federal Energy Efficiency and Conservation Block Grant Program #DE-SC0001618.
Said program is a part of the American Recovery and Reinvestment Act (ARRA), herein made
ATTACHMENT A, and shall be administered within those guidelines and special conditions. It is
the City's goal to have each qualifying facility's installation completed within 90 days of award.
2. BACKGROUND: The City seeks to utilize the Federal Energy Efficiency and Conservation Block
Grant Program to enhance the efficiency of qualifying facilities. With this goal in mind several
manufacturers products have been specified herein to establish the City's minimum critical
requirements and performance standards on each unit. Any example shown is listed to show
type and class of equipment desired. Respondents are cautioned to read the specifications
carefully, as there may be special requirements not commonly offered by the equipment
manufacturer. Do not assume your standard equipment meets all detailed specifications merely
because it is listed as an example. Respondents are cautioned that any unit specified or
delivered which does not meet specifications in every aspect will not be accepted.
3. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's standard Definitions, Terms and Conditions shall govern
unless specifically provided otherwise in a separate agreement or on the face of a purchase
order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole
responsibility of Respondents to stay apprised of changes. The City's current Definitions, Terms
and Conditions can be obtained from the City's website at
http://www.roundrocktexas.ciov/home/index.asp?pacie=462.
4. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by
the City's current Insurance Requirements as identified on the City's website at
http://www.roundrocktexas.qov/home/index.asp?paoe=462.
5. CITY CONTACT FOR SOLICITATION CLARIFICATION: For clarification of specifications,
Respondents may contact:
Joy Baggett
Purchaser
Purchasing Division
City of Round Rock
Telephone: 512-218-6682
Ibaggett(a�round-rock.tx. us
The individual above may be contacted for clarification of the specifications of this solicitation
only. No authority is intended or implied that specifications may be amended or alternates
accepted prior to closing date without written approval of the City's Purchasing Department.
Under no circumstances will private meetings be scheduled between Respondents and City staff.
1 of 7
SOLICITATION NUMBER
11-004
SPECIFICATION NUMBER
11-914-50
DATE: December 9, 2010
PART 11
INSTRUCTIONS
1. PROPOSAL SCHEDULE: It is the City's intention to comply with the following proposal timeline:
1.1 Request for Proposals released
1.2 Pre -proposal meeting and site visit
9:00 AM
City of Round Rock
Council Chambers
221 E. Main Street
Round Rock, TX 78664-5299
December 10, 2010
January 11, 2011
Each attending vendor must provide a copy of their certificate of General
Liability Coverage and proof of Workers' Compensation Coverage in order to
attend the site visit.
1.3 Deadline for questions
1.4 City responses to all questions/addendums
1.5 Responses for solicitation due by 3:00 p.m.
January 13, 2011
January 18, 2011
January 25, 2011
All questions regarding the solicitation shall be submitted in writing by 5:00 p.m. on the
due date noted above. A copy of all the questions submitted and the City's response to the
questions shall be posted on our webpage,
http://www.roundrocktexas.qov/home/index.asp?page=462. Questions shall be submitted to the
City contact named above.
The City reserves the right to modify these dates at any time, with appropriate notice to
prospective Respondents through notification on our webpage and email.
2. DUE DATE: Signed and sealed proposals are due to the Purchasing Department on the deadline
noted above. Mail or carry sealed proposals to:
City of Round Rock, Texas
Purchasing Office
221 E. Main Street
Round Rock, Texas 78664-5299
2.1 Proposals received after this time and date will not be considered.
2.2 Sealed proposals should be clearly marked on the outside of packaging with the Proposal
title, number, due date and "DO NOT OPEN".
2.3 Facsimile or electronically transmitted proposals are not acceptable.
2.4 Late proposals will be returned to Respondent unopened if return address is provided.
2 of 7
SOLICITATION NUMBER
11-004
SPECIFICATION NUMBER
11-914-50
DATE: December 9, 2010
3. PRE -PROPOSAL MEETING AND SITE VISIT: The City will conduct a site inspection of the
specified buildings for all interested Respondents to familiarize them with the facilities and to give
all potential Respondents an opportunity to inspect each site and ask questions they may have
concerning this solicitation.
3.1 Meeting date, time and location:
December 14, 2010, 9:00 AM
City of Round Rock
Council Chambers
221 East Main Street
Round Rock, TX 78664-5299
Each attending vendor must provide a copy of their certificate of General
Liability Coverage and proof of Workers' Compensation Coverage in order
to attend the site visit.
4. BEST VALUE EVALUATION AND CRITERIA: A team comprised of City staff and others as
appropriate shall review responses to the solicitation and score each submittal by consensus.
All proposals received shall be evaluated based on the best value for the City. In determining
best value, the City may consider the following:
4.1 Purchase price and terms;
4.2 Reputation of Respondent and of Respondents goods and services;
4.3 The quality of the Respondent's goods and services;
4.4 The extent to which the goods and services meet the City's needs;
4.5 Respondent's past relationship with the City;
4.6 The total long-term cost to the Municipality to acquire the Respondent's goods or
services;
4.7 Any relevant criteria specifically listed in the solicitation.
5. CONTRACT NEGOTIATIONS: In establishing an agreement as a result of the solicitation
process, the City may:
5.1 Review all proposals and determine which Respondents are reasonably qualified for
award of the contract.
5.2 Determine the Respondent whose proposal is most advantageous to the City considering
the evaluation criteria.
5.3 Attempt to negotiate with the most responsive Respondent a contract at fair and
reasonable terms, conditions and cost.
5.4 If negotiations are successful, enter into a contract or issue a purchase order.
5.5 If not successful, formally end negotiations with that Respondent.
5.5.1 Select the next most highly qualified Respondent and attempt to negotiate a
contract at fair and reasonable terms, conditions and cost with that
Respondent.
5.5.2 The City shall continue this process until a contract is entered into or all
negotiations are terminated.
3 of 7
SOLICITATION NUMBER
11-004
SPECIFICATION NUMBER
11-914-50
DATE: December 9, 2010
5.6 The City also reserves the right to reject any or all proposals, or to accept any proposal
deemed most advantageous, or to waive any irregularities or informalities in the proposal
received.
6. QUALIFICATIONS: The opening of a proposal shall not be construed as the City's acceptance
of such Respondent as qualified and responsive. All Respondents shall:
6.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and
distribution of the commodity specified herein.
6.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and
efficient service to the City.
6.3 Provide references to include the name, address, telephone number, e-mail and point of
contact of at least three entities for which the respondent has preformed similar service
and or utilized the exact technology within the past three years. Negative information
obtained in a reference check may result in Respondent's disqualification.
6.4 Identify any subcontractors to be used for this project. Experience, qualifications and
references of the sub respondents shall be submitted. The City reserves the right to
approve or disapprove all subcontractors prior to any work being performed.
PART III
SPECIFICATIONS
1. PURPOSE: The City of Round Rock seeks qualified services to furnish, replace and install
Heating, Ventilation and Air Conditioning (HVAC) systems in various City facilities in accordance
with the Federal Energy Efficiency and Conservation Block Grant Program #DE-SC0001618.
Said program is a part of the American Recovery and Reinvestment Act (ARRA), herein made
ATTACHMENT A, and shall be administered within those guidelines and special conditions. It is
the City's goal to have each qualifying facility's installation completed within 90 days of award.
The City seeks to utilize the Federal Energy Efficiency and Conservation Block Grant Program to
enhance the efficiency of qualifying facilities. With this goal in mind several manufacturers
products have been specified herein to establish the City's minimum critical requirements and
performance standards on each unit. Any example shown is listed to show type and class of
equipment desired. Respondents are cautioned to read the specifications carefully, as there may
be special requirements not commonly offered by the equipment manufacturer. Do not assume
your standard equipment meets all detailed specifications merely because it is listed as an
example. Respondents are cautioned that any unit specified or delivered which does not meet
specifications in every aspect will not be accepted.
2. SCOPE AND CRITICAL REQUIREMENTS: Respondents shall have extensive knowledge and
expertise within the field of HVAC systems, their installation and maintenance. Per the system
equipment schedule herein ATTACHMENTS B -K, Respondent shall propose the following:
2.1 Replace existing HVAC systems with new units as described in the equipment schedule.
2.2 Outdoor units shall have factory designed hail guards to protect the condenser coils.
2.3 The new Digital Direct Control (DDC) system for the Library will replace existing wall
thermostats and shall consist of single -zone DDC communicating unitary controllers,
connection to the existing Carrier i -Vu CCN Web -based interface at the Round Rock
Business Center. The controls shall be stand-alone and fully integrated into the
networked system as required to operate as a fully functional system, including plenum
4 of 7
SOLICITATION NUMBER
11-004
SPECIFICATION NUMBER
11-914-50
DATE: December 9, 2010
rated wiring between controllers, mounting devices, and all programming, testing and
commissioning. See ATTACHMENT E-1.
2.4 The intent is to reuse the existing power wiring and conduit, however, the Respondent at
his expense, shall install or replace any wire or electrical component required to satisfy
the National Electric Code (NEC) and local electrical codes, including but not limited to
various breakers, disconnects, or other devices.
2.5 The intent is to reuse existing copper refrigerant lines, however the Respondent at his
expense shall install or replace copper piping and/or insulation required to satisfy the
National Electric Code (NEC) and local electrical codes. Refrigerant dryers will be
replaced with factory approved dryers designed for the refrigerant used in the new
systems. All new solder joints shall be within solder rated and recommended by the
manufacturer for the pressures of the new refrigerant. Refrigerant lines shall be cleaned
and flushed per manufacturer recommended procedures. All refrigerant flare
connections shall be rated for the new pressures and leak tested before a deep vacuum
is used to remove non -condensable gases from the piping system. All units shall be
charged with new refrigerant and the refrigerant pressures and temperatures
documented and submitted to the City before final payment is made.
2.6 The intent is to reuse piping insulation, however the Respondent shall replace all broken
or split arm -a -flex with new insulation. All pipe insulation joints shall be flush and glued
with a tight seal.
2.7 The intent is to reuse existing ductwork, however any ductwork that is leaking shall be
repaired by the Respondent at his expense. Duct transitions from the new units shall be
galvanized sheet metal and be made according to the Sheet Metal and Air Conditioners
National Association (SMACNA) guidelines. New duct transitions shall be insulated with
2" foil backed insulation.
2.8 The intent is to reuse existing housekeeping pads and/or rooftop curbs. These will be
inspected by the City's Project Administrator and Consulting Engineer who shall, at their
determination, require new housekeeping pads or curbs.
2.9 The intent is to reuse existing condensate lines, however Respondent shall replace at his
expense any broken or missing condensate pipe. All indoor lines shall be insulated to
prevent condensation. Replace PVC with PVC and replace copper with copper lines
where necessary.
2.10 The intent is to reuse any existing auxiliary drain pans. These will be inspected by the
City's Project Administrator and Consulting Engineer who shall, at his determination,
require new auxiliary drain pans.
2.11 The intent is to reuse existing vent pipe from natural gas furnaces, however, Respondent
shall replace any rusted or broken vent pipe with new vent pipe rated for the service
intended.
2.12 The intent is to remount new units above ceiling with existing hangers unless the hangers
are inadequate to support new equipment. Respondent shall provide all support hangers
for new equipment, pipe, and ductwork.
2.13 Respondent shall keep all work spaces clean. Respondent shall remove from the City's
property all old equipment and dispose of units according to local, state and federal
regulations. All used refrigerant shall be captured from the replaced units for recycle.
Venting of old refrigerant is strictly prohibited.
5 of 7
SOLICITATION NUMBER
11-004
SPECIFICATION NUMBER
11-914-50
DATE: December 9, 2010
2.14 Many of the locations where units are to be replaced are occupied. The Respondent
shall make the replacements with the least disruption possible. In no case shall any
occupied space be without air conditioning more than eight (8) hours during regular
business hours (8:00 AM — 5:00 PM). Work that disrupts operation of City business shall
be performed after business hours.
2.15 Safety is critical to this project. Respondent shall provide barricades when lifting
equipment with a crane as to prevent property damage and personal injury. Areas within
buildings where work is so performed shall be blocked so that no one walks under a work
area. Any soldering shall be with a fire watch and a fire extinguisher shall be at hand.
Any fire alarms that are disabled during solder work shall be reactivated immediately after
solder work is performed.
2.16 The City highly recommends that Respondents field survey all facilities prior to proposal.
Any questions regarding the pre -proposal documents shall be submitted to the City by
the date indicated herein.
2.17 Respondent shall provide a minimum 12 -month warranty on all parts and labor for each
unit installed per the City's Standard Terms and Conditions. Respondent shall also
furnish cost proposal to provide an extended 4 -year warranty.
2.18 Respondent shall propose Maintenance Agreement beyond manufacturer warranty.
2.19 Respondent shall provide proof of payment for all equipment before payment of the units
may be issued by the City.
2.20 The City's Project Administrator and Consulting Engineer shall inspect all work performed
and provide a punch list of any necessary corrective action that the Respondent shall
complete before final acceptance is made.
2.21 Final acceptance is at the discretion of the City's Project Administrator and Consulting
Engineer and shall be issued upon verification that unit(s) are complete, tested and ready
for continued use. With that determination final payment can be issued.
3. SUBMISSION REQUIREMENTS: Respondents shall:
3.1 Submit one (1) executed (signed) original and six (6) copies of each proposal and/or
each proposal variation that demonstrate their experience with system(s) and its
implementation.
3.2 Completed documentation shall include:
3.2.1 Itemized System Cost Proposal Per Proposal Sheet and Equipment
Schedule
3.3.1 Attachment A-1 complete, signed and dated for ARRA Certification of "Buy
American" Procurement
TAB #1
TAB #2
TAB #3
TAB #4
TAB #5
TAB #6
3.2.2 Warranty Outline and Extended Warranty Cost Proposal
3.3.2 Support, Maintenance and Service Agreement Outline and Cost Proposal
3.2.3 A System Installation Plan
3.2.5 Proposed System Product Literature
6 of 7
TAB #7
SOLICITATION NUMBER
11-004
SPECIFICATION NUMBER
11-914-50
DATE: December 9, 2010
3.2.5 Three client references that utilize like products or services. References to
include Business Name, Contact Name, Address, Telephone, and e-mail.
Failure to provide reference information may result in disqualification. A
reference form is contained as a part of this proposal package.
3.3 A proposal variation containing an alternate but equivalent product solution to the
specified lines shall be clearly marked as such and contain the same submission
requirements as outlined above.
4. SYSTEM INSTALLATION PLAN: Respondent shall provide a System Installation Schedule. A
map of scheduled facilities is made a part of this solicitation as ATTACHMENT L. The schedule
shall include:
4.1 Schedule of each component's installation and activation.
4.2 Details of any materials that the City will need to provide which are outside the provisions
of Respondent's scope.
5. COST PROPOSAL: System cost proposal shall be for all components, hardware, software,
installation and service during warranty as well as the removal and disposal of existing units.
6. SUPPORT, MAINTENANCE & SERVICE: Respondent shall supply detailed information on its
support and maintenance policy for the system while under warranty. Information shall include
the following:
6.1 Live telephone support hours of operation.
6.2 Methods of logging repair requests.
6.3 Guaranteed response times.
6.4 Problem escalation management method and policies.
7. OPERATING MANUALS: Three (3) complete manuals containing an illustrated parts list(s),
operating and service instructions for each unit or component shall be delivered with each
system. Parts list shall cover all components of the system. Warnings and safety precautions
shall be included.
8. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee
of any minimum or maximum purchase is made or implied. The City will only order the products
or services needed to satisfy operating requirements within budgetary constraints, which may be
more or less than indicated.
9. PROJECT ADMINISTRATOR: All work performed under this contract will be supervised and
verified by the City representative(s) noted below.
Pete Dominguez
Facility Maintenance
(512) 341-3144
pd om i nq uez(a)rou nd-rock.tx. us
Rik Morris
Consulting Engineer
(512) 258-0547
rimorris(@esa-enqineers.com
7 of 7
TTACHME
RFP No. 11-004
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
CITY OF ROUND ROCK, TEXAS
REQUEST FOR PROPOSAL
CITY FACILITIES HVAC REPLACEMENT SCHEDULE
Addendum No. 1 Date of Addendum: January 18, 2011
Please note the questions and answers, revisions or additions to the solicitation referenced above.
1. Q: Will a make-up Pre -proposal conference be scheduled?
A: Yes. A make-up conference and walk-through of City facilities is scheduled for:
Wednesday 1/19/2011 at 10:00 AM
City of Round Rock
Council Chambers
221 East Main Street
Round Rock, Texas 78664-5299
2. Q: Shall refrigeration lines be flushed and reused?
A: Yes, however, if they need to be replaced, contractor shall replace at his expense.
3. Q: Shall pipes be re -insulated?
A: If a pipe is replaced it will require re -insulation. If the existing pipe is acceptable
contractor shall leave existing insulation in place.
4. Q: Will the contractor be responsible for the disposal of hazardous waste?
A: Yes. A hazardous waste disposal plan is required with the respondents submittal.
5. Q: Will the contractor encounter any asbestos?
A: It is not anticipated that any asbestos will be encountered. Should the contractor
encounter asbestos during installation, the City's Facility Maintenance Department
will take measures to remove it to allow the continuation of the job.
6. Q: Will permits from the City be required?
A: Yes. The permits will be issued at no charge.
7. Q: Will cranes be required for all roof unit installation?
A: Yes. Cranes will be required for existing unit removal and new unit installation to prevent
roof cracks and leaks.
8. Q: Are all library units horizontal?
A: No. Units 5 tons and under are horizontal. Units over 5 tons are vertical. See revised
library spec sheet.
9. Q: Where will the DDC controls tie into?
A: DDC controls will tie into the City's network.
10. Q: Will the City clear the rooms of furniture for access?
A: Yes.
11. Q: Is work required to be done during business hours?
A: Yes.
'•t, Q. F' uvlargo i:the r'rvalt;rmftir,Iibra-V
A: '33"x9$".
13 Q; 1 -'-ear el'all trio lightening idol Winn syarl:ri-. mi Ilre Fihrury roof be recrmneetcd?
At City Will coordInple with Contr'actor's oIetitIci*n to gee that system is rcconn
14. CI: IPA oda::lo ra moatAR :141 en rylnile ntviinb!c on ►ha Ili:rary roof?
A: No addltianal receptacles are rteednd_
C,
0: Ala tcth unity, to kir re .asar+;it Fere SIntirn r47
A; Yea,
ti: WiI$ the centrecro.• be r p;rrsiLb:. n for p3rlr~h ng tris rile 14'A 3
ystorr al the Brtth :rock Raciclu Ct�alte `?
A; Yoe.
ted
11 tr, thn infl;:anatlrn Otte t mini
Gas tt'c m'ntWit rystam unit drain un the ground at the Swat, Creek Recy; a Cer:er9
Yes_
-;8. ;lt: COR inn t c:ofte?iw;r be katlielluri On a sob on to ground behind ti's COling w;th las mini spit
system al Brod: Creak Recycle Canter'
A: Yes,
13. lArtach sr hirer ir. the crani space sl the L. 1k V'fo1<3 OJEE'ng ir. 10 be 41114)c3,tl:'
A: The very back air handler.
20. 1}_ Cana : to be C,rt'n the root of the Pub,lc'Wcrkn buit.'ine for nsztatien Kenn?
Al That proposal can ho submitted and roadie as a BIO ALTERNATE for that
building. lie advised that n strisct,trat engineer will be required to rrvit r and that
proposal.
21 0_ Is mora a c_. svar lance owlet on tltS I001 Dr Ift tha ale.r. of the Warks 6.011111 10 Ones .1
nirt.iirc it?
1 No there Is not a Converdettee outlet on elle building roof, No, made does not nutter@
it,
22_ 0: In there a rwenier;te out et at nye Central fire Stalks
A: No.
Q: Can ca;rb adapl^rs bo used Dr the Central Fra .,teat ori?
A: Ye -s,
i. 0: 4'1' a pe'tncrt or perfcrmanca nand ba rpqu rr 1 r,pan h n ?
A; F cth a payment band and performance bond will be required of the successful
respondent In the amount or Inc contract prior to i+xeCuli ng the Contract. Both moat
be issued by a solvent surety authorized to clo business In the $byte of Texas, and
Shall moot any other requirements established by law or by the City in pursuant to
applicoblatlaw. Semple documents ars herein made tf part of this addendum,
A D'cw J by
JOy lag;&I1, Pu-Chasur
the si n3 tiros afrixekt alloy. Addendum No. ' it~ hereby incm,per ted nio and N'Alte n part fit L rit:c, e
referenced sotiytr;t'on.
AC1 NrOWLGDGLL'
b'ert :;r Authorizoti Sl nature Data
RETIJRr2 tINE COPY $W NED COPY OF TN:S ADDENDUM TfF THE PURCHASING' OFF'.O.E WrITI YC:t[t S ..At D PROPOSAL
r•Atos TO DO SO MAY AUTOMATICALLY DISESJAL it 1tmin nesnotme peobt ciart.r.JOtirrr,T:{},q F04 AWARD
FP ,No. 11•Of.4
ROUND ROCK. TEXAS
;taxa r.moy.r tserA rY
" CITY OF ROUND ROCK, TEXAS
REOUE.ST FOR PROPOSAL
CITY FAClLMES HVAC R€PLACMENT SCHEDULE
AC'dandum NO— _2 Daly? of Adderdurr; .inntrare 19.011
P tine nate The queSliaia end answers, revsloes or Ndcsit-.res tc the so;;ctt i1ien refemoned above,
1, C: j1"J43 the Oily irrord to spit the award?
A: The City reserves fJne right to Les ue split awards If It I , in the Cfly's best intore41 to dry rt+
any swank stnred iu ths att:il.o- :1ti r CA:!icu! Re:quirorro11 1;5a; a°:„ nSCSSS3.y fc•
ir'ist,e 'Eitn cG issued us a change ante-?
A; dfo. Any required materials shall ho prIced and Listed on the Lid sheet provided,
9: s tl'e axienrided 4 -year warranty cost proposal re.Iaaesled in. paragraph 2,1'1 seeking :aT'rat ty
ptivrt, Inbar, msleriais or NS c::rnitatserr
A: The City seeks a proposal from the respotrdant lOr,r rRCOMMA trfod 4 -year extended
warranty. This proposal can be inclusive of pants, tabor, materials and the compressor.
y. G: O'.an ho ay provide a separate Stier iaern t:r, Lidding the Dna ceniro' Unit tst the !way?
+t`
Yrs. ReAsexi bid of eretpa{te 121a attached for convenience. Line Item shown as, ITEM
35. Pages 1-11 remain unchanged_
Appi seated by
oy Br.rggtiiti., Purchaser
3y the siaraatves affixed L clow, AddenduT F. 2 iahereby in: rporated Into end made a cal of the ta'r.,ve
Tfetented soLdmron.
ACKNOtVLEC1CFI7
4,6- sr>{ 921/
Vendora�., ,1d Sigala;ure
RETURN ONE OOP( SIGNED COPY OO T413 A:MEM:4J i TO THE PURCHASING Of M TH YOJR SEALED PROPOSAL
1,U/RE T8 rTb SO (MAY AtfroAATICALLY dianuAUFYYOt1R RESPONSE FROM CONS1OERATIOt: FON AWARE),
CARRIER AIR CONDITIONING UNIT SCHEDULE
ROUND ROCK CARRIER SPLIT COOLING ONLY 208/230-1-60
CITY OF ROUND ROCK - WATER TREATMENT PLANT
5200 North IH 35, Round Rock, TX 78681
DESIGNATION
AC- 1
AC -1 ALTERNATE EQUIVALENT
CARRIER MODEL# INDOOR AH
24APA760A003
CARRIER MODEL# OUTDOOR
FV4CNB006000
NOMINAL TONS
5
SEER/EER
16.5/13.4
GROSS TOTAL COOLING CAPACITY
57.7
GROSS SENSIBLE COOLING CAPACITY
44.3
AMBIENT
105
EAT (DB) DEG F
80
EAT (WB) DEG F
67
LVG AIR DB
59.5
LVG AIR WB
58.0
CFM
2000
INDOOR STATIC PRESSURE
0.5
OUTDOOR UNIT
VOLTAGE/PHASE/HZ
208/230-1-60
MINIMUM CIRCUIT AMPACITY
30.06
MAXIMUM FUSE SIZE
50.0
INDOOR UNIT
VOLTAGE/PHASE/HZ INDOOR
208/230-1-60
MOTOR HP
3/4
MINIMUM CIRCUIT AMPACITY
8.5
MAXIMUM FUSE SIZE
15
COND DRAIN LINE SIZE
3/4
REFRIGERANT SUCTION LINE SIZE
7/8
REFRIGERANT LIQUID LINE SIZE
3/8
SPLIT COOLING UNIT SCHEDULE NOTES:
1. EXAMPLE MANUFACTURER - CARRIER.
2. PROVIDE CONTROLS INCLUDING PROGRAMMABLE THERMOSTATS.
3. PROVIDE ALL INDOOR AND OUTDOOR UNITS WITH SINGLE POINT ELECTRICAL CONNECTION
4. THE MECHANICAL CONTRACTOR SHALL FURNISH AND INSTALL ALL REFRIGERATION PIPING
IN ACCORDANCE WITH THE MANUFACTURERS INSTRUCTIONS AND REQUIREMENTS
5. THE MECHANICAL CONTRACTOR SHALL INSTALL A SECONDARY DRAIN PAN UNDER ANY
CONCEALED INDOOR FAN COIL
6. SECONDARY DRAIN PAN SHALL HAVE A FLOAT SWITCH THAT IS INTERLOCKED TO THE INDOOR
UNIT SO THAT THE INDOOR UNIT WILL CEASE TO OPERATE IF CONDENSATE WATER IS DETECTED
IN THE DRAIN PAN.
ATTACHMENT B
Solicitation #11.004
WINDOW AC UNIT SCHEDULE
CITY OF ROUND ROCK - WATER TREATMENT PLANT ENVIRONMENTAL BUILDING
5200 North IH 35, Round Rock, TX 78681
MANUFACTURER AND MODEL
NUMBER
COMFORT AIRE REG 123G I
CKETS.
ELECTRICAL
DATA
VOLTS/PH
208/1
HEATING CAPACITY
DATA
MBH
0
COOLING CAPACITY
DATA
MBH
0
(V
CG
co
W
W
Oi
LL IL -
ce U =
co
Q
SERVICE
WATER TREATMENT PLANT
WATER TREATMENT PLANT
EVAPORATOR
MARK
I AC -1
AC -1
ALTERNATE
EQUIVALENT
SPLIT SYSTEM AC / GAS FIRED FURNACE SCHEDULE HI EFF SYST 460/3
CITY OF ROUND ROCK - PUBLIC WORKS
2008 Enterprise Drive, Round Rock, TX 78664
INDOOR UNIT :
MARK
AC -1
AC.1
ALTERNATE EQUIVALENT
AREA SERVED
PUBLIC WORKS
EXTERNAL S.P. (IN. W.G.)
0.5
SUPPLY FAN MOTOR (HP)
1/2
COOLING :
NOMINAL TONS
4.0
COOLING CFM
1800
OA CFM
0
MIN TOTAL CAPACITY, (MBH)
44.3
MIN SENSIBLE CAPACITY, (MBH)
34.9
AMBIENT AIR TEMP (F)
105.0
ENT EVAPORATOR AIR TEMP, DB/WB
80/67
REFRIGERANT
410-A
HEATING:
INPUT (MBH)
88.0
OUTPUT (MBH)
71.0
ENTERING AIR TEMP (F)
47.0
AFUE
80%
FUEL
NAT. GAS
GAS CONNECTION SIZE
1/2
ELECTRICAL:
115/1
CARRIER MODEL NO
58CVA090
OUTDOOR UNIT :
MARK
CU -4
FAN MOTOR HP
1/4
NOMINAL TONS
4.0
MINIMUM COOLING SEER
13.5/11.5
ELECTRICAL:
VOLTS/PHASE
460/3
MIN CIRCUIT AMPERAGE
8.3
MAX OVERCURRENT DEVICE
15
CARRIER MODEL NO.
24ABB348A006
CARRIER MODEL NO INDOOR COIL
CNPHP6024ATA
SPLIT AC/GAS FIRED FURNACE NOTES:
1. INTERNAL STATIC PRESSURE INCLUDES WET COOLING COIL AND FILTERS. EXTERNAL STATIC
PRESSURE INCLUDES AIR INCLUDES DEVICES, HEATING COIL AND DUCTWORK.
2. COOLING CAPACITIES, SEER'S, ARE COMBINATION RATINGS WITH OUTDOOR UNITS. CAPACITIES ARE
RATED AT ENTERING AIR TEMPERATURE AND AMBIENT AS LISTED. SEER'S ARE RATED AT
ARI CONDITIONS.
3. EXAMPLE MANUFACTURER - CARRIER.
4. HEATING COIL TO BE DOWNSTREAM OF UNIT AND SHALL BE SIZED AT A FACE VELOCITY OF 650 FPM.
5. EACH OUTDOOR UNIT SHALL BE EQUIPPED WITH, HIGH PRESSURE SWITCH, HARD START KIT ON SINGLE
PHASE UNITS, ANTI -SHORT CYCLE TIMER, SERVICE VALVES, AND INDOOR BLOWER RELAY KIT.
6. EACH SYSTEM SHALL BE PROVIDED WITH A FILTER DRIER AND A CRANKCASE HEATER.
7. EACH SYSTEM SHALL BE PROVIDED WITH A COMPATIBLE THERMOSTAT
WITH MULTI STAGE OF COOLING AND HEATING.
8. PROVIDE UNITS WITH A FILTER RACK TO MATCH RETURN AIR SIZE.
ATTACHMENT D
Solicitation #11-004
SPLIT SYSTEM HEAT PUMP SCHEDULE
CITY OF ROUND ROCK -LIBRARY
216 E. Main Street, Round Rock, TX 78664
HP -20
ALTERNATE
EQUIVALENT
1. EXTERNAL STATIC PRESSURE INCLUDES DUCTWORK, DAMPERS, AIR DEVICES, ETC. PRESSURE DROP FOR WET COIL AND FILTERS IS INCLUDED AS
INTERNAL PRESSURE DROP.
2. COOLING CAPACITIES, SEERS. AND HEATING COPS ARE COMBINATION RATINGS V4TH OUTDOOR UNITS. CAPACITIES ARE RATED AT ENTERING AIR
TEMPERATURE AND AMBIENT AS LISTED; SEER'S ARE RATED AT ARI CONDITIONS.
3. EXAMPLE MANUFACTURER - CARRIER.
4. EACH OUTDOOR UNIT SHALL BE EQUIPPED WITH DEFROST CONTROL. HIGH PRESSURE SWITCH, HARD START KIT ON SINGLE PHASE UNITS,
ANTI -SHORT CYCLE TIMER, SERVICE VALVES, AND INDOOR BLOWER RELAY KIT. PROVIDE MANUFACTURER'S HAIL GUARD ON ALL CONDENSING UNITS.
=
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144
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70
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HP -1610 HP -19
ALTERNATE
EQUIVALENT
m
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HORIZONTAL
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91.8
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HP -9 to HP -15
ALTERNATE
EQUIVALENT
HP -9 to HP -15
HORIZONTAL
0.5
20 X 25 X1
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HP -6 to HP -8
ALTERNATE
EQUIVALENT
°7
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HORIZONTAL
0.5
20 X 20 X1
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208-230/1
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15.0
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480/3
25HBC336A006
HP -4 to HP -5
ALTERNATE
EQUIVALENT
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HORIZONTAL
0.5
16 X20X1
1/3
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208-230/1
25HBC324A003
HP -1 to HP -3
ALTERNATE
EQUIVALENT
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TYPE
EXTERNAL S.P. (IN. W.G.)
FILTERS (QTY./SIZE)
BLOWER MOTOR HP
DLING :
(NOMINAL TONS
COOLING CFM
OA CFM
MIN. TOTAL CAPACITY. MBH
MIN. SENS. CAPACITY, MBH
ENT. AIR TEMP, DBMIB
MIN. COOLING SEER
AMBIENT, DEG F
HEATING :
HEATING CFM
'CAPACITY, MBH AT 47 DEG F
MIN. HEATING COP
TS / PHASE
CARRIER MODEL NO.
AUXILIARY HEATING COIL:
KW AT RATED VOLTAGE
MINIMUM STAGES
VOLTS / PHASE (APPLIED)
MODEL NO.
1-
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cc
OM
MAX. OVERCURRENT PROTECTION
MIN. CIRCUIT AMPACITY
VOLTS / PHASE
CARRIER MODEL NO.
11
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WINDOW AC UNIT SCHEDULE
CITY OF ROUND ROCK - BRUSH RECYCLE CENTER
300 Deepwood Drive, Round Rock, TX 78680
MANUFACTURER
AND MODEL NUMBER
COMFORT AIRE REG
123G
1. PROVIDE 11,000 BTUH ELECTRIC HEAT.
2. EXAMPLE MANUFACTURER - COMFORT AIRE.
3. PROVIDE MANUFACTURER'S MOUNTING BRACKETS.
ELECTRICAL
DATA
VOLTS/PH
208/1
HEATING CAPACITY DATA
MBH
COOLING
CAPACITY
DATA
MBH
0
cel
X
W
W
CO
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LJL lL 0
X U =
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SERVICE
Brush Recycle Center
Bruch Recyle Center
EVAPORATOR
MARK
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ALTERNATE
EQUIVALENT
LL
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U .113
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MINI SPLIT HEAT PUMP SYSTEM UNIT SCHEDULE
CITY OF ROUND ROCK - BRUSH RECYCLE CENTER
300 Deepwood Drive, Round Rock, TX 78680
PLIT HEAT PUMP
Unit MOCP
(Amps)
O
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U in
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Actual Air Flow (CFM)
rn
M
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M
M
N
0
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145-170-237-321-399
Heat
Capcity at
47 deg
14400
O
V
W
I-
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Unit Size
(MBH)
Sensible
8800
0
o
Unit Size
(MBH) Total
o
N
o
N
Indoor Unit Model
N
W
N
OD
N
W
N
CO
0 N
CD cm -
O E
to
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M ani
12.0
O
1 -TON MITSUBISHI MINI S
Voltage (V -Ph -Hz)
208/230-1-60
0
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Outdoor Unit
Model
MUZ-GE12NA
MUZ-GE12NA
WINDOW AC UNIT SCHEDULE N
H
2
HP -1
ALTERNATE
EQUIVALENT
N
=
HP -2
ALTERNATE
EQUIVALENT
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PACKAGED ROOFTOP UNIT WITH GAS HEAT SCHEDULE
CITY OF ROUND ROCK - CENTRAL FIRE STATION
203 Commerce Boulevard, Round Rock TX 78664
MARK
RTU -1
RTU -1 ALTERNATE
EQUIVALENT
RTU -2
RTU -2 ALTERNATE
EQUIVALENT
SERVICE
CENTRAL FIRE
CENTRAL FIRE
UNIT TYPE
PACKAGED ROOFTOP
PACKAGED ROOFTOP
CARRIER MODEL NO.
48HCDA05A0A6
48HCDA06A2A6
NOMINAL TONS
4.0
5.0
EXT. S.P. ("WG)
0.75
1.00
FAN TYPE
Forward Curve
Forward Curve
REFRIGERANT.
R -410A
R -410A
EER/SEER
15.60 SEER
14.6 SEER
COOLING COIL DATA
AIRFLOW (CFM)
1600
2000
OUTSIDE
120
200
TOTAL MBH (MIN)
47.84
55.36
SENSIBLE MBH (MIN)
38.06
46.03
EAT- DB (F)
80
80
EAT - WB (F)
67
67
LAT - DB (F)
59.0
57.1
LAT - WB (F)
58.1
56.0
AMBIENT (F)
105
105
HEATING DATA
INPUT (MBH)
72.0
72.0
OUTPUT (MBH)
59.0
59.0
ENTERING AIR TEMP (F)
47.0
47.0
AFUE
80%
80%
FUEL
NAT. GAS
NAT. GAS
GAS CONNECTION SIZE
1/2"
1/2
ELECTRICAL
MCA (AMPS)
12.7
12.3
MOCP (AMPS)
15
15
FAN MOTOR HP (MIN)
1
1.10(BHP)
ELECTRICAL (VOLTS / HZ / PH)
460/60/3
460 /60/3
UNIT WEIGHTS (LBS.)
590
600
DIMENSIONS (HxLxW) (INCHES)
41.4X74.4X46.8
41.4X74.4X46.8
PACKAGED ROOFTOP UNIT (GAS HEAT) NOTES:
ELECTRIC HEAT.
GALVANIZED OR PLASTIC DRAIN PANS ARE NOT ACCEPTABLE.)
DOORS, INCLUDING FILTER RACK, SHOULD BE ACCESSIBLE
FRAME. (NOTE: PROVIDE 1 EXTRA SETS OF FILTERS.)
DETECTORS.
1. PROVIDE RTU'S WITH FACTORY -INSTALLED HACR BREAKER DISCONNECT.
2. PROVIDE SINGLE -POINT POWER CONNECTION FOR UNITS WITH
3. PROVIDE UNITS WITH STAINLESS STEEL DRAIN PAN. (NOTE:
4. BACNET INTERFACE CONTROLLER TO BE SUPPLIED,
5. PROVIDE UNITS WITH HINGED CABINET DOORS. ALL CABINET
WITHOUT TOOLS.
6. PROVIDE MANUFACTURER'S HAIL GUARD.
7. PROVIDE 2" MERV 8 REPLACEABLE FILTERS IN METAL FILTER
8. PROVIDE FACTORY -INSTALLED RETURN AIR / SUPPLY AIR SMOKE
9. PROVIDE UNIT WITH A MANUFACTURER'S CURB ADAPTER.
10. PROVIDE UNITS WITH LOW AMBIENT KITS TO 0 DEGREES.
11. EXAMPLE MANUFACTURER- CARRIER.
ATTACHMENT H
Solicitation #11-004
SPLIT SYSTEM AC / GAS FIRED FURNACE SCHEDULE SINGLE PHASE
CITY OF ROUND ROCK - FIRE STATION #3
1992 Rawhide Drive, Round Rock, TX 78681
INDOOR UNIT:
AC -1
AC -1 ALTERNATE
EQUIVALENT
AC -2
AC -2 ALTERNATE
EQUIVALENT
AREA SERVED
Fire Station
Fire Station
Fire Station
Fire Station
EXTERNAL S.P. (IN. W.G.)
0.5
0.5
SUPPLY FAN MOTOR (HP)
113
1/3
COOLING :
NOMINAL TONS
3.0
3.0
COOLING CFM
1200
1200
OA CFM
0
0
MIN TOTAL CAPACITY, (MBH)
32.2
32.2
•
MIN SENSIBLE CAPACITY, (MBH)
24.7
24.7
AMBIENT AIR TEMP (F)
105.0
105.0
ENT EVAPORATOR AIR TEMP, DB/WB
80/67
80/67
HEATING:
INPUT (MBI -I)
66.0
66.0
OUTPUT (MBH)
54.0
54.0
ENTERING AIR TEMP (F)
47.0
47.0
AFUE
80%
80%
FUEL
NAT. GAS
NAT. GAS
GAS CONNECTION SIZE
1/2
1/2
ELECTRICAL:
115-1-60
115-1-60
CARRIER MODEL NO
58STA070-12
58STA070-12
EVAP COIL
CARRIER MODEL NO
HORIZNERITCAL
REFRIGERANT
OUTDOOR UNIT :
MARK
CNPHP3617ATA
CNPHP3617ATA
HORIZONTAL
HORIZONTAL
R410
R410
CU -1
CU -2
FAN MOTOR HP
1/4
1/4
NOMINAL TONS
3.0
3.0
MINIMUM COOLING SEER
13.0
13.0
ELECTRICAL:
VOLTS /PHASE
208-1-60
208-1-60
MIN CIRCUIT AMPERAGE
20.5
20.5
MAX OVERCURRENT DEVICE
30
30
CARRIER MODEL NO
24ABB336A003
24ABB336A003
SPLIT AC/GAS FIRED FURNACE NOTES:
FILTERS. EXTERNAL STATIC PRESSURE
.
OUTDOOR UNITS. CAPACITIES ARE
SEERS ARE RATED AT ARI CONDITIONS.
AT A FACE VELOCITY OF 650 FPM
SWITCH, HARD START KIT ON SINGLE
BLOWER RELAY KIT.
HEATER.
MULTI STAGE OF COOLING
THE SIDE OF EACH UNIT AS SHOWN ON
1, INTERNAL STATIC PRESSURE INCLUDES WET COOLING COIL AND
INCLUDES DEVICES, HEATING COIL AND DUCTWORK
2. COOLING CAPACITIES, SEERS, ARE COMBINATION RATINGS WITH
RATED AT ENTERING AIR TEMPERATURE AND AMBIENT AS LISTED.
3. EXAMPLE MANUFACTURER - CARRIER.
4. HEATING COIL TO BE DOWNSTREAM OF UNIT AND SHALL BE SIZED
5. EACH OUTDOOR UNIT SHALL BE EQUIPPED WITH, HIGH PRESSURE
PHASE UNITS, ANTI -SHORT CYCLE TIMER, SERVICE VALVES, AND INDOOR
6. EACH SYSTEM SHALL BE PROVIDED WITH A FILTER DRIER ANDA CRANKCASE
7. EACH SYSTEM SHALL BE PROVIDED WITH A PROGRAMMABLE THERMOSTAT
AND HEATING.
8. PROVIDE A MANUFACTURERS RETURN AIR PLENUM MOUNTED ON
DRAWINGS WHICH SHALL ALSO INCLUDE A SIDE FILTER RACK
ATTACHMENT 1
Solicitation #11-004
SPLIT SYSTEM AC / GAS FIRED FURNACE SCHEDULE
CITY OF ROUND ROCK - FIRE STATION 4
3300 Gattis School Road, Round Rock, TX 78664
INDOOR UNIT :
MARK
AC -1
AC -1
ALTERNATE
EQUIVALENT
AC -2
AC -2 ALTERNATE
EQUIVALENT
AREA SERVED
FIRE STATION
FIRE STATION
EXTERNAL S.P. (IN. W.G.)
0.5
0.5
SUPPLY FAN MOTOR (HP)
1/3
3/4
COOLING :
NOMINAL TONS
3.0
5.0
COOLING CFM
1200
2000
OA CFM
0
0
MIN TOTAL CAPACITY, (MBH)
32.2
59.5
MIN SENSIBLE CAPACITY, (MBH)
24.7
44.2
AMBIENT AIR TEMP (F)
105.0
95.0
ENT EVAPORATOR AIR TEMP, DB/WB
80/67
80/67
REFRIGERANT
410-A
410-A
HEATING:
INPUT (MBH)
66.0
110.0
OUTPUT (MBH)
54.0
89.0
ENTERING AIR TEMP (F)
47.0
47.0
AFUE
80%
80%
FUEL
NAT. GAS
NAT. GAS
GAS CONNECTION SIZE
1/2
1/2
ELECTRICAL:
115-1-60
115/1/60
CARRIER MODEL NO
58STA070-12
58STA110-22
OUTDOOR UNIT :
MARK
CU -1
CU -2
FAN MOTOR HP
1/4
1/5
NOMINAL TONS
3.0
5.0
MINIMUM COOLING SEER
13.0
13.0
ELECTRICAL:
VOLTS /PHASE
208-1-60
208-230/1/60
MIN CIRCUIT AMPERAGE
20.5
34.2
MAX OVERCURRENT DEVICE
30
50
CARRIER MODEL NO
24ABB336A003
24ABB360A003
SPLIT AC/GAS FIRED FURNACE NOTES:
COIL AND FILTERS. EXTERNAL STATIC PRESSURE
RATINGS WITH OUTDOOR UNITS. CAPACITIES ARE
AS LISTED. SEER'S ARE RATED AT ARI CONDITIONS.
BE SIZED AT A FACE VELOCITY OF 650 FPM.
PRESSURE SWITCH, HARD START KIT ON SINGLE PHASE UNITS,
BLOWER RELAY KIT.
DRIER AND A CRANKCASE HEATER.
THERMOSTAT MULTI STAGE OF COOLING AND HEATING.
MOUNTED ON THE SIDE OF EACH UNIT AS SHOWN ON
RACK.
1. INTERNAL STATIC PRESSURE INCLUDES WET COOLING
INCLUDES DEVICES, HEATING COIL AND DUCTWORK.
2. COOLING CAPACITIES, SEERS, ARE COMBINATION
RATED AT ENTERING AIR TEMPERATURE AND AMBIENT
3. EXAMPLE MANUFACTURER - CARRIER.
4. HEATING COIL TO BE DOWNSTREAM OF UNIT AND SHALL
5. EACH OUTDOOR UNIT SHALL BE EQUIPPED WITH, HIGH
ANTI -SHORT CYCLE TIMER, SERVICE VALVES, AND INDOOR
6. EACH SYSTEM SHALL BE PROVIDED WITH A FILTER
7. EACH SYSTEM SHALL BE PROVIDED WITH A PROGRAMMABLE
8. PROVIDE A MANUFACTURER'S RETURN AIR PLENUM
DRAWINGS WHICH SHALL ALSO INCLUDE A SIDE FILTER
ATTACHMENT J
Solicitation #11-004
PACKAGED UNIT SCHEDULE COOLING ONLY PM UNIT HI EFF
CITY OF ROUND ROCK - LAKE GEORGETOWN PUMP STATION
MARK
PU-1
PU-1
ALTERNATE
EQUIVALENT
PU-2
PU-2 ALTERNATE
EQUIVALENT
SERVICE
PUMP STATION
PUMP STATION
UNIT TYPE
PACKAGED
PACKAGED
CARRIER MODEL NO.
50PM-C16-1-6
50PM-C16-1-6
NOMINAL TONS
15.0
15.0
EXT. S.P. ("WG)
1.50
1.50
FAN TYPE
Forward Curve
Forward Curve
REFRIGERANT
R -410A
R -410A
SEER/EER
12.0
12.0
COOLING COIL DATA
AIRFLOW (CFM)
6000
6000
OUTSIDE
600
600
TOTAL MBH (MIN)
174.82
174.82
SENSIBLE MBH (MIN)
138.39
138.39
EAT - DB (F)
80
80
EAT - WB (F)
67
67
LAT - DB (F)
57.1
57.1
LAT- WB (F)
55.5
55.5
AMBIENT (F)
105
105
HEATING DATA
INPUT (MBH)
OUTPUT (MBH)
ENTERING AIR TEMP (F)
AFUE
FUEL
GAS CONNECTION SIZE
ELECTRICAL
MCA (AMPS)
36
36
MOCP (AMPS)
45
45
FAN MOTOR HP (MIN)
3.7
3.7
ELECTRICAL (VOLTS/HZ/PH)
460/60/3
460/60/3
UNIT WEIGHTS (LBS.)
2171
2171
DIMENSIONS (HxLxW) (INCHES)
57.8X145.8X86.3
_ 57.8X145.8X86.3
PACKAGED UNIT NOTES:
DISCONNECT.
WITH ELECTRIC HEAT.
GALVANIZED OR PLASTIC DRAIN PANS ARE
.
DOORS, INCLUDING FILTER RACK, SHOULD
FRAME.
SMOKE DETECTORS,
1. PROVIDE UNITS WITH FACTORY -INSTALLED HACR BREAKER
2. PROVIDE SINGLE -POINT POWER CONNECTION FOR UNITS
3. PROVIDE UNITS WITH STAINLESS STEEL DRAIN PAN. (NOTE:
NOT ACCEPTABLE.)
4. PROVIDE AND INSTALL CARRIER PROGRAMMABLE THERMOSTAT
5. PROVIDE UNITS WITH HINGED CABINET DOORS. ALL CABINET
BE ACCESSIBLE WITHOUT TOOLS.
6. PROVIDE MANUFACTURER'S HAIL GUARD.
7. PROVIDE 2" MERV 8 REPLACEABLE FILTERS IN METAL FILTER
8. PROVIDE FACTORY -INSTALLED RETURN AIR/SUPPLY AIR
9. PROVIDE UNITS WITH LOW AMBIENT KITS TO 0 DEGREES.
10. EXAMPLE MANUFACTURER - CARRIER.
ATTACHMENT K
Solicitation #11-004
Thermal Mechanical Contractors, Inc.
P.O. Box 646 Manor, Texas 78653
(512) 272-5162 Fax (512) 272-5208
State License No. TACLA006533C
February 11, 2011
City of Round Rock
Attn: Joy Baggett, Purchaser
Re: Proposal for city Facilities HVAC
Replacement EECBG
Ms Baggett,
Please note the following deductions from our quote of $325,175.00.
Bonding $1,300.00
Misc. items $2,054.00
Crane $1,000.00
2 -DDC controllers provided in $1,000.00
RTU quote for the Central
Fire Station. (not needed)
Total $5,354.00
Also, due to the fact that you will not do the DDC controls for the Library, we will
furnish new stats for all new HPs. This is at a cost to Thermal of $2,208.00
As far as warranty calls, we can give you a window of 2 hours for all warranty calls,
24/7. Warranty calls will be made at no charge to the City.
This would make the total sum to the city of $319,821.00 for all the work excluding the
Public Works and DDC for the Library.
Carrier Services has sent me a revised quote for the DDC controls at the Library.
The have deleted the "fan status" for each unit.
Revised Proposal for the controls is $37,966.00....FYI
Call me for any other concerns or questions.
Jim Brown
Thermal Mechanical Contractors
REQUEST FOR PROPOSAL (RFP)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
RESPONSES ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE SOLICITATION
OPENING TIME
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock. Texas 78664-5299
FACSIMLE RESPONSES
SHALL NOT BE ACCEPTED
sxow OPENING DATE
6a NUIOM M LOWER LEFT
HANDCDPNM OF SEAM
ENVaOPE 4.s1ON MMM
ADORESS OF RESPONDING FIRM
SOLICITATION INFORMATION:
NUMBER
OPENING DATE:
SUBMITTAL
LOCATION:
11-004
1/25/2011 3:00 P.M.
221 E. Main Street, Council Chambers,
Round Rock, TX 778664
RETURN SIGNED ORIGINAL. AND ONE COPY OF BID
Failure to sign will disgee fy submittal.
c
Oho 1/25/11
es
onrod Sig#a Lra. Brown Dale
"agar.
Print Name
DESTINATION:
See 1.7 of Bidding Instmctions on page 2
City of Round Rock
Various City owned facilities as per attached
Solicitation #11-004.
TAX ID NO.: 74-1847512
LEGAL BUSINESS NAME: 1hermal Mechanical Contractors
ADDRESS: NO 130X-646
ADDRESS: Manor TX 78653
CONTACT: James L. Brown
TELEPHONE NO.: 512-27245162
BUSINESS ENTITY TYPE: HVAC
"By the signature hereon affixed. the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such entity has
violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated
directly or indirectly, the bid made to any competitor or any other person engaged in such line of business."
By submftWng a response to this solicitation, the Respondent agrees that the City's Standard Definitions, Terms and Conditions shall govem unless
specifically provided otherwise in a separate agreement. Said Definitions, Terms and Conditions are subject to change without notice. It Is the sole
responsibility of respondents to stay apprised of changes. A current draft of the City's Definitions, Terms and Conditions can be obtained from the
City's website at http:l/www.roundrocktexas.govlhome/index.asp7page=482. The City's Insurance Requirements shall also apply and can be located at
the same website address.
This is for the purchase of HVAC System Replacement in accordance with Specification #11-004.
COST PROPOSAL SHEET & EQUIPMENT SCHEDULE
ATTACHMENT &
ITEM 8
CLASS & ITEM
LOCATION AND SYSTEM DESCRIPTION UNIT COST
REMOVAL OF
COST TO EXISTING
INSTALL SYSTEM COST
1 OF UNITS
TOTAL
ATTACHMENT B
AC -1
ITEM #1
914-50
WalerTreatment Plant per attached specification' X13%
5200 North IH 35, Round Rock, 78681 O '!
TX
s6
4014:.— P-
1
14'61W—
I r('
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING
c.
914-50
PIPING INSLATION
d.
91450
DUCTWORK
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
L
914-50
CONDENSATE LINES
9.
91450
AUXILIARY DRAIN PANS
h.
914-50
VENT PIPE
i.
914-50
SUPPORT HANGERS
j.
914-50
4 -YEAR EXTENDED- WARRANTY
0
Y10
caEM#1
g06g-00
RTOTAL=
COST PROPOSAL SHEET 8 EQUIPMENT SCHEDULE
ATTACHMENT &
ITEM t
CLASS & ITEM
LOCATION AND SYSTEM DESCRIPTION UNIT COST
COST TO
INSTALL
REMOVAL OF
EXISTING
SYSTEM COST
t OF UNITS
TOTAL
ATTACHMENT C
ITEM#2
91
91450
Water Treatment Plant Environmental Lab per cation.[
5200 North IH 35,5,RouunndrRock, TX 78681 101g•id°
51
. a
1
1r16.°
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING
o.
914-50
PIPING INSLATION
-
d.
. 914-50
DUCTWORK -
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
.
914-50
CONDENSATE LINES
g.
914-50
AUXILIARY DRAIN PANS -
h.
914-50
VENT PIPE
914-50
SUPPORT HANGERS
(,I `ID .°
Mail
j.
ATTACHMENT D
AG1
AC -1
ITEM#3
914-50
914-50
4 -YEAR EXTENDED WARRANTY
Public Works indoor unit per attached specification.
2008 Enterprise Drive, Round Rock, TX 78664 aj..5$.°' 4jt 8 j 3.°0
11�v'
ITEM #2 TOTAL =
q
gag° 1 gl 1 ,,,,,...-
1 '
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING _
c.
914-50
PIPING INSLATION -
d.
914-50
DUCTWORK _
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS _
1.
914-50
CONDENSATE LINES
g.
914-50
AUXILIARY DRAIN PANS
h.
914-50
VENT PIPE
914-50
SUPPORT HANGERS
j.
ATTACHMENT E
ITEM l74
914-50
914-50HP-1
4 -YEAR EXTENDED WARRANTY
, 0
- 31
Library HP -1 unit per attached spedfications. pp W 'I
216 E. Man Street, Round Rock, TX 78684 lq�p. it I Co )-
REM #3 TOTAL =
(,(/)/) B0
! �� , 1 ‘r5//,
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING
c.
914-50
PIPING INSLATION -
d.
914-50
DUCTWORK
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
1.
- 914-50
- CONDENSATE LINES -
g.
914-50
AUXILIARY DRAIN PANS
h.
914-50
VENT PIPE
I.
914-50
SUPPORT HANGERS
j.
914-50
4 -YEAR EXTENDED WARRANTY
51g0D
130 0
ITEM #4TOTAL =
COST PROPOSAL SHEET & EQUIPMENT SCHEDULE
ATTACHMENT B
ITEM t
CLASS S ITEM
LOCATION AND SYSTEM DESCRIPTION
COST TO
UNIT COST INSTALL
REMOVAL OF
EXISTING
SYSTEM COST
# OF UNITS
TOTAL
CHMENT E
ATTA00
ITEM #5
914-50
Library HP -2 unit per attached specifications.
216 E. Main Street, Round Rock, TX 78664
^ � I �.' ,,ry/y�
1ilt LI r LIYv •
1 6( 511.
a.
91450
WIRING & ELECTRICAL -
-
b.
91450
COPPER PIPING
c.
914-50
PIPING INSLATION
-
d.
914-50
- DUCTWORK
-
e.
91450
HOUSEKEEPING PADS & ROOFTOP CURBS
-
f.
914-50
CONDENSATE LINES
9.
914-50
AUXILIARY DRAIN PANS
_
h.
914-50
VENT PIPE
i.
914-50
SUPPORT HANGERS
-
ICr
ITEM#5TOTAL= 9# 0. i1/4)
j.
ATTACHMENT E
HP -3
REM #&
914-50 '
914-50
4 -YEAR EXTENDED WARRANTY
Library HP -3 unit per attached specifications.
216 E. Main Street, Round Rock, TX 78664
2
l al�g 4 I E,3
i (
II''�/1,�
` 00.
1 /_ I 1 ��
f 51 1 .
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING
_
c.
914-50
PIPING INSLATION
-
d.
914-50
DUCTWORK
-
e.
91450
HOUSEKEEPING PADS & ROOFTOP CURBS
-
f.
914-50
CONDENSATE LINES
-
g.
914-50
AUXILIARY DRAIN PANS
-
h.
914-50
VENT PIPE
-
AlriUria
/ /
i.
914-50
SUPPORT HANGERS
j.
ATTACHMENT E
HP -4
ITEM #7
914-50
91450
4 -YEAR EXTENDED WARRANTY
Library HP -4 unitper attached specifications.
216 E. Main Street, Round Rock, TX 78664
I " 1n y,_ Ifo 020.
ITEM #6TOTAL =
4 " 1 6,,d08 -
a
914-50
WIRING & ELECTRICAL
-
b.
91450
COPPER PIPING
c.
914-50
PIPING INSLATION
d.
914-50
DUCTWORK
-
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
f.
91450
CONDENSATE LINES
-
g.
91450
AUXILIARY DRAIN PANS
-
h.
91450
VENT PIPE
-
L
914-50
SUPPORT HANGERS
j.
914-50
4 -YEAR EXTENDED WARRANTY
51 . Oo
/01111."
ITEM#7TOTAL=
COST PROPOSAL SHEET & EQUIPMENT SCHEDULE
ATTACHMENT&
ITEM S
CLASS & ITEM
LOCATION AND SYSTEM DESCRIPTION UNIT COST
REMOVAL OF
COST TO EXISTING
INSTALL SYSTEM COST 1 OF UNITS
TOTAL
ATTACHMENT
HP-5
ITEM #8
914-50
nc --
Librery HP-5 unit per attached spedfica0ons. 1 `1UU .
216 E. Main Street, Round Rock; TX 78664 1 UA
<
, _
, (O x. i , 1
LIJ
t
�� y
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING - -
c.
914-50
PIPING INSLATION
d.
914-50
DUCTWORK
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
f.
914-50
CONDENSATE LINES
g.
914-50
AUXILIARY DRAIN PANS -
h.
914-50
VENT PIPE
i.
914-50
SUPPORT HANGERS
j.
ATTACHMENT E
ITEM
914-50
914-50-6
4-YEAR EXTENDED WARRANTY
Wifja
rsr'l4
Library HP-6 unit per attached specifications. �^t 1y00
216 E. Main Street, Round Rock, TX 78664 d t 7J •
ITEM #8 TOTAL =
yy� On a�
��.A't ��' 1 1_ t Q,/)�/
l° �1r /
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING -
c.
914-50
PIPING INSLATION
d.
914-50
DUCTWORK
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
f.
914-50
CONDENSATE LINES
9.
91450
AUXILIARY DRAIN PANS
h.
914-50
VENT PIPE
914-50
SUPPORT HANGERS
j.
ATTACHMENT E
ITEM #10
914-50
91450
4-YEAR EXTENDED WARRANTY
� 00
Library HP-7 unit per attached spedfications. ^ p �0
•216 E. Main Street, Round Rock, TX 78664 aI 1,,J
1
ITEM#9TOTAL=
be
�p�' uQd, 1 / BoC�. Q0
t If
a.
- 91450
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING
c.
91450
PIPING INSLATION
d.
914-50
DUCTWORK
e. -
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
f.
914-50
CONDENSATE LINES
g.
91450
AUXILIARY DRAIN PANS
h.
914-50
VENT PIPE
1.
91450
SUPPORT HANGERS
j.
91450
4-YEAR EXTENDED WARRANTY
�t @
/, .co
ITEM #10 TOTAL =
"` COST PROPOSAL SHEET & EQUIPMENT SCHEDULE
ATTACHMENT 8
ITEM #
CLASS & ITEM
LOCATION AND SYSTEM DESCRIPTION UNIT COST
COST TO
INSTALL
REMOVAL OF
EXISTING
SYSTEM COST
f OF UNITS
TOTAL
ATTACHMENT E
ITEM #11
914-50
Library HP-8 unit per attached specifications. ^/ t(p
216 E. Main Street, Round Rock, TX 78664 all I g
itnryI,
(�.I`►•^
111
100._r�
1
�r
/ X �M
l�/UEFF
a.
91450
WIRING & ELECTRICAL
-
b.
91450
COPPER PIPING
c.
91450
PIPING INSLATION -
d.
91450
DUCTWORK _
e.
91450
HOUSEKEEPING PADS & ROOFTOP CURBS -
f.
91450
CONDENSATE LINES
-
9.
91450
AUXILIARY DRAIN PANS
-
h.
91450
VENT PIPE
I.
91450
SUPPORT HANGERS
-
j.
ATTACHMENT E
REM #12
91450.
91450
- 4-YEAR EXTENDED WARRANTY
wad
IiiIPAiii
Library HP-9 unit per attached specifications.
216 E. Main Street, Round Rock, TX 78664 2969. z pri °
REM #11 TOTAL=
''// 00 00
uco, 1 %o
11
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING -
c.
914-50
PIPING INSLATION _
d.
914-50
DUCTWORK
e.
91450
HOUSEKEEPING PADS & ROOFTOP CURBS -
f.
914-50
CONDENSATE LINES
9.
914-50
AUXILIARY DRAIN PANS -
h.
914-50
VENT PIPE
914-50
- • SUPPORT HANGERS
j.
ATTACHMENT E
HP-10
#13
91450
914-50
4-YEAR EXTENDED WARRANTY
ii. -'
r
Library HP-1O un8 per attached specifications. 0°
216 E. Main Street, Round Rock, TX 78664 . �a (15.10ypp
f
ITEM #12 TOTAL=
0
' 1 Oil
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING -
c.
914-50
PIPING INSLATION _
d.
914-50
DUCTWORK -
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
f.
914-50
CONDENSATE LINES -
g.
914-50
AUXILIARY DRAIN PANS -
h.
914-50
VENT PIPE
i.
914-50
SUPPORT HANGERS
j.
914-50
4-YEAR EXTENDED WARRANTY
Igalal
IR I53. .
ITEM #13 TOTAL=
COST PROPOSAL SHEET & EQUIPMENT SCHEDULE
ATTACHMENT&
ITEM i
CLASS & ITEM
LOCATION AND SYSTEM DESCRIPTION UNITITCOSTCO{
COST TO
REMOVAL OF
EXISTING
SYSTEM COST
1 OF UMTS
TOTAL
ACHMEN
A�TfEM #14 T E
HP -11
914-50brary
HP -11 unit per attached
U216 E. Main Street. Round R TX 78664 a -1 ✓ l�
&�yfIINNSTALL
lr"7
(b 1
1434 11)
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING —
c.
914-50
PIPING INSLATION
—
d.
914-50
DUCTWORK
—
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS —
f.
91450
CONDENSATE LINES —
g.
91450
AUXILIARY DRAIN PANS —
h.
91450
VENT PIPE
91450
SUPPORT HANGERS
—
� 53,W
j.
ATTACHMENT
M E
ITEM #15
914-50
91450
4 -YEAR EXTENDED WARRANTY
Ubrary HP -12 unit per attached specifications. ttJ
216 E. Main Street, Round Rock, TX 786641(4D1, un -.,
a '°
fTEM#14 TOTAL=
/� CO ^ �� Q
—t�, 1 l
i_
a.
91450
WIRING & ELECTRICAL
b.
91450
COPPER PIPING
c.
91450
PIPING INSLATION
d.
914-50
DUCTWORK
e.
91450
HOUSEKEEPING PADS & ROOFTOP CURBS - —
f.
91450
CONDENSATE LINES —
g.
914-50
AUXILIARY DRAIN PANS —
h.
91450
.. VENT PIPE - -
914-50
SUPPORT HANGERS
j.
ATTACHMENT E
HP -13
REM #18
91450
91450
4 -YEAR EXTENDED WARRANTY
5 .00
■& ai
Libra HP -13 unit r attached specifications.
ryP,864 c2 1275:00
216 E. Main Street, Round Rock, TX 78664 Q,59 .0
,
ITEM #15 TOTAL=
qe QC 1 '7b3 QD
•
a.
91450
WIRING & ELECTRICAL
b.
91450
COPPER PIPING —
c.
91450
PIPING INSLATION —
d.
91450
DUCTWORK -
- e.
91450
HOUSEKEEPING PADS & ROOFTOP CURBS —
f.
91450
CONDENSATE LINES —
g.
91450
AUXILIARY DRAIN PANS —
h.
914-50
VENT PIPE
1
91450
SUPPORT HANGERS
-
-j.
914-50
4 -YEAR EXTENDED WARRANTY
LC
RI S3. •
REM #16 TOTAL =
COST: PROPOSAL SHEET & EQUIPMENT SCHEDULE
ATTACHMENT &
ITEM t
CLASS & ITEM
LOCATION AND SYSTEM DESCRIPTION
UNIT COST
COST TO
INSTALL
REMOVAL. OF
EXISTING
SYSTEM COST 5 OF UNITS
TOTAL
ATTACHMENT E
HP-14
ITEM #17
914501
Library HP-14 unit per attached specifications.
216 E. Main Street, Round Rock, TX 78664
d,951.1°
�����
. ] b 0
r`
a.
91450
WIRING & ELECTRICAL
b.
91450
COPPER PIPING
c.
914-50
PIPING INSLATION
- d.
- 914-50
DUCTWORK
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
-
f.
91450
CONDENSATE LINES
-
g.
914-50
AUXILIARY DRAIN PANS
h.
914-50
VENT PIPE
914-50
SUPPORT HANGERS
1.
ATTACHMENT E
ITEHP-M #18
91450
914-50
4-YEAR EXTENDED WARRANTY
Library HP-15 units per attached specifications.
216 E. Main Street, Round Rock, TX 78664
IIMMIl
A �n
J p
Pt/✓ t
CO
Lips
ITEM #17 TOTAL = rjt i'
1 I /_ O°
(��(J�
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING
c.
91450
PIPING INSLATION
-
d.
914-50
DUCTWORK
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
T.
914-50
CONDENSATE LINES
g.
914-50
AUXILIARY DRAIN PANS
914-50
VENT PIPE
I.
91450
SUPPORT HANGERS
j.
ATTACHMENT E
ITEM #19
91450
914-50HP-16
4-YEAR EXTENDED WARRANTY
Library HP-16 unit per attached specifications.
216 E. Main Street, Round Rock, TX 78664
Willa
il r, li�i'i
�/
j
�9a.
U 1�f.
' f ,,I/
IIMVV�IIL^^^"' II'
REM #18 TOTAL =
I .r �T !•r
ix 1 / (y(_ /'L
l 1 V'- f�
a.
914-50
WIRING & ELECTRICAL
b.
91450
COPPER PIPING
c.
91450
PIPING INSLATION
d.
914-50
DUCTWORK
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
f.
91450
CONDENSATE LINES
g.
91450
AUXILIARY DRAIN PANS
-
h.
91450
VENT PIPE
91450
SUPPORT HANGERS
j.
914-50
4-YEAR EXTENDED WARRANTY
i
=(,Afj,"
REM 419 TOTAL =
COST PROPOSAL SHEET & EQUIPMENT SCHEDULE
ATTACHMENT&
REM #
CLASS & ITEM
REMOVAL OF
COST TO EXISTING
LOCATION AND SYSTEM DESCRIPTION UNIT COST INSTALL SYSTEM COST 5 OF UNITS
TOTAL
ATTACHMENT E
HP -17
ITEM#20
914-50
Library HP -17 unit per attached specifications. ^n tIV
216 E. Main Street, Round Rock, TX 78664 L6912.0
tV 1� �_!1� %lrlo 1
"'LLL��� (O(f�/ (0(
u�i'11i�
fY OLr
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING
c.
914-50
PIPING INSLATION
d.
914-50
DUCTWORK
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
f.
914-50
CONDENSATE LINES
9.
914-50
AUXILIARY DRAIN PANS
h.
914-50
VENT PIPE
914-50 •
SUPPORT HANGERS
J.
ATTACHMENT E
REM #21
914-50
914-50
4 -YEAR EXTENDED WARRANTY
cum
REM 420 TOTAL=
Library HP -18 unit per attached specifications. p�1 f717 CO (O
216 E. Main Street, Round Rock, TX 78664 bg 1eC. a • 7p(�/.
00
1 /'L�(g
1 IrOgt
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING
c.
914-50
PIPING INSLATION - -
d.
914-50
DUCTWORK
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS -
f.
914-50
CONDENSATE LINES
9.
914-50
AUXILIARY DRAIN PANS
h.
914-50
.. , VENT PIPE
i.
914-50
SUPPORT HANGERS
j.
ATTACHMENT E
HP -19
REM
914-50
914-50
4 -YEAR EXTENDED WARRANTY
7 - • 443
grhApja
ITEM #21 TOTAL=
Library HP -19 unit per attached specifications.
CU x%'1/1•
216 E#22. Man Street, Round Rock, TX 78664 7, t all -
it WG�f (0(�/
"" �r
1 lu 7l�
l rr oy
a.
91450
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING
c.
914-50
PIPING INSLATION
d.
914-50
DUCTWORK
e.
914-50
HOUSEKEEPING PADS ROOFTOP CURBS
f.
914-50
CONDENSATE LINES
g.
91450
AUXILIARY DRAIN PANS
h.
91450
VENT PIPE
i.
914-50
SUPPORT HANGERS -
j.
914-50
4 -YEAR EXTENDED WARRANTY
IlMig
ITEM#22TOTAL=
,eipl
COST PROPOSAL SHEET & EQUIPMENT SCHEDULE
ATTACHMENT &
ITEM /
CLASS & ITEM
LOCATION AND SYSTEM DESCRIPTION UNIT COST
COST TO
INSTALL
REMOVAL OF
EXISTING
SYSTEM COST
5 OF UNITS
TOTAL
ATTACHMENT E
HP-20
ITEM #23
914-50
Library HP-20 unit per attached specifications. Q�
216 E. Main Street, Round Rock, TX 78664 q,59z
9702 /Q
W
�53�
1
,
) 7 f 23�
7
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING - -
c.
914-50
PIPING INSLATION -
d.
914-50
DUCTWORK - -
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS -
f.
914-50
CONDENSATE LINES -
g.
914-50
AUXILIARY DRAIN PANS -
h.
914-50
VENT PIPE
914-50
SUPPORT HANGERS -
J.
ATTACHMENTI91450 F
A
ITEM #24
914-50 .
4-YEAR EXTENDED WARRANTYMan
•. 00,'
Brush Recyling Center per attached specification. Co
300 Deepwood Drive, Round Rock, TX 76680 l 01 g_ 57�-
ITEM #23TOTAL =
ej
O.00 _ 1 'gib"-
o�
a.
914-50
WIRING & ELECTRICAL -
b.
914-50
COPPER PIPING
c.
914-50
PIPING INSLATION
d.
914-50
DUCTWORK
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
f.
91450
CONDENSATE LINES
g.
914-50
AUXILIARY DRAIN PANS
h.
914-50
VENT PIPE
I
914-50
SUPPORT HANGERS
j.
ATTACHMENT G
HP-1
REM #25
91450
91450
.i-YEAR EXTENDED WARRANTY
Brush RecpCenler per attached specification. a
Deepwood Drive, Round Rock, TX 78680
���2
ITEM #24 TOTAL=ilrr�r
ILLC
I 1 S[' [(300
a.
914-50
WIRING & ELECTRICAL
b.
91450
COPPER PIPING
c.
914-50
PIPING INSLATION
d.
914-50
DUCTWORK
e.
91450
HOUSEKEEPING PADS & ROOFTOP CURBS
f.
914-50
CONDENSATE LINES
9.
91450
AUXILIARY DRAIN PANS
h.
91450
VENT PIPE
91450
SUPPORT HANGERS
j.
91450
4-YEAR EXTENDED WARRANTY
Mrliil
-%O.',
ITEM #25 TOTAL =
COST PROPOSAL SHEET & EQUIPMENT SCHEDULE
ATTACHMENT &
ITEM it
CLASS & ITEM
REMOVAL OF
COST TO EXISTING
LOCATION AND SYSTEM DESCRIPTION UNIT COST INSTALL SYSTEM COST i/ OF UNITS
TOTAL
ATTACHMENT G
HP -2
ITEM #26
914-50
Brush Recyling Center per attached specification.
300 Deepwcod Drive, Round Rock, TX 78680 1 �� p �5a �' ' So 1
r,
/^ yn
C/ ,/�
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING
c.
914-50
PIPING INSLATION
d.
914-50
DUCTWORK
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
f.
914-50
CONDENSATE LINES
g.
914-50
AUXILIARY DRAIN PANS
h.
914-50
VENT PIPE
i.
914-50
SUPPORT HANGERS
J.
ATTACHMENT H
RTU -1
ITEM #27
914-50
914-50
4 -YEAR EXTENDED WARRANTY
ITEM #26 TOTAL =
q , „
- /, Q
Central Fire Station per attached specification. 1 a co
203 Commerce Boulevard, Round Rock, TX 78664 - �� I w- a1�33• 333 00 1
lol l ?�:a
W
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING
c.
914-50
PIPING INSLATION
d.
914-50
(DUCTWORK
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
f.
91450
CONDENSATE LINES
g.
914-50
AUXILIARY DRAIN PANS
h.
914-50
VENT PIPE
i.
914-50
SUPPORT HANGERS
j.
ATTACHMENT H
RTU -2
ITEM #28
914-50
914-50
4 -YEAR EXTENDED WARRANTY
ITEM 27 TOTAL=
, t✓ 41
0 i- ,-
.Central Fire Station per attached specification. Q) c^
203 Commerce Boulevard, Round Rock, TX 78664 gO7, ay� ° 333 w 1
,J,J
a
10(5%.
a.
91450
WIRING & ELECTRICAL
b.
91450
COPPER PIPING
c.
914-50
PIPING INSLATION
d.
914-50
DUCTWORK
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
f.
914-50
CONDENSATE LINES
g.
914-50
AUXILIARY DRAIN PANS
h.
914-50
VENT PIPE
i.
914-50
SUPPORT HANGERS
j.
914-50
4 -YEAR EXTENDED WARRANTY
1 3
II. 027.3.
REM #28 TOTAL =
COST PROPOSAL SHEET & EQUIPMENT SCHEDULE
ATTACHMENT &
ITEM*
CLASS E. ITEM
REMOVAL OF
COST TO EXISTING
LOCATION AND SYSTEM DESCRIPTION UNIT COST INSTALL SYSTEM COST # OF UNITS
TOTAL
ATTACHMENT I
AC-1 •
ITEM #29
914-50
00 Fire Station #3 per attached specification. r0/ 011
1
1992 Rawhide Drive, Round Rock, TX 78681 1 610- 5 v '
1111
/ 2C(_
(f,JIP�
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING
c.
914-50
PIPING INSLATION
d.
914-50
DUCTWORK -
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
f.
914-50
CONDENSATE LINES
9.
914-50
AUXILIARY DRAIN PANS -
h.
914-50
- VENT PIPE
914-50
SUPPORT HANGERS -
j.
ATTACHMENT I
AC-2
ITEM #30
914-50
914-50
- 4-YEAR EXTENDED WARRANTY
`/S!
FtiMn
ITEM #29 TOTAL=
Fire Station #3 per attached specification.03
1992 Rawhide Drive, Round Rock, TX 78681 G rry 7 �f 0 (�y�r��/ •^/ �j E
�� JO� ��l.O 1"'' 1 ((�"�
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING
c.
914-50
PIPING INSLATION -
d.
914-50
DUCTWORK -
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
1.
914-50
CONDENSATE LINES
9.
914-50
AUXILIARY DRAIN PANS
h.
914-50
VENT PIPE
914-50
-SUPPORT HANGERS
j.
ATTACHMENT J
AC-1
REM #31
914-50
914-50
4-YEAR EXTENDED WARRANTY
WOK'
1 •. 03
ITEM #30 TOTAL=
•Fire Station #4 per attached specification.G_
3300 Gattis School Road, Round Rock, TX 78664 17 RQ.AI 50r1.' �f 81.00 1 j 3%O.7
I
a.
91450
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING -
c.
914-50
PIPING INSLATION -
d.
914-50
DUCTWORK -
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS -
f.
914-50
CONDENSATE LINES
9.
914-50
AUXILIARY DRAIN PANS
h.
914-50
VENT PIPE _
i.
914-50
SUPPORT HANGERS -
j.
914-50
4-YEAR EXTENDED WARRANTY
Intfill
/g60. •
ITEM #31 TOTAL =
Devlleryln ' a I Days
C.OSTP..ROP:.OSAL SHRE.T...& EQUIPMENT SCHEDULE
ATTACHMENTS
ITEM B
CLASS & ITEM
LOCATION AND SYSTEM DESCRIPTION
UNIT COST
COST TO
INSTALL
REMOVAL OF
' EXISTING
SYSTEM COST
'
# OF UNITS
TOTAL
ATTACHMENT J
AC-2
ITEM #32
914-50
Fire Station #4 per attached specification.
3300 Gattis School Road, Round Rock, TX
78664
/1 0'1
r
j va
`(l
/rte
0 1 coW
lute-,
b
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING
-
c.
914-50
PIPING INSLATION
d.
914-50
DUCTWORK
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
f.
914-50
CONDENSATE LINES
- - - - - - - -
g.
914-50
AUXILIARY DRAIN PANS
-
h.
914-50
VENT PIPE
914-50
SUPPORT HANGERS
914-50
4-YEAR EXTENDED WARRANTY
, '•
` ITEM #32 TOTAL = b •
ATTACHMENT K
PU-1
ITEM #33
914-50
Lake Georgetown Pump Station per attached
specification.gg
W. Cedar Break Road & DB Woods Road,
Georgetown, TX 78628
-
lD Qp
P 4. goI3 W r7 r0 1• 1 a� ti,
r
a.
914-50
WIRING & ELECTRICAL
b.
914-50
COPPER PIPING
c.
914-50
PIPING INSLATION
d.
914-50
DUCTWORK
e. -
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
.
f.
914-50
CONDENSATE LINES
g.
914-50
AUXILIARY DRAIN PANS
h.
914-50
VENT PIPE
-
i.
914-50
SUPPORT HANGERS
j.
914-50
4-YEAR EXTENDED WARRANTY0.
I m
ITEM #33 TOTAL = ,- ` T..
ATTACHMENT K
PU-2
ITEM #34
914-50
Lake Georgetown Pump Station per attached
'specification.
Break Road &DB
W. CedarGeorgetown, TX 78828 ds Road;
' 40:21i • 101 3.m 589.4)
1
+�
as lP
a.
. 914-50
WIRING & ELECTRICAL
b.
914-50
- COPPER PIPING
- -
c.
914-50
PIPING INSLATION
d.
914-50
DUCTWORK
e.
914-50
HOUSEKEEPING PADS & ROOFTOP CURBS
f.
914-50
CONDENSATE LINES
g.
914-50
AUXILIARY DRAIN PANS
h.
914-50
VENT PIPE
914-50
SUPPORT HANGERS
j.
914-50
4-YEAR EXTENDED WARRANTY
ip
ITEM#35
031-26
-
Library DDC Control System per attached
specifications.
216 E. Main Streeet,, Round Rock, TX 78664
7
T
ITEM #34 TOTAL = e( _y o.Q
14ap • �t � 1 113fowod
3
Project Total
378I4i .'
Devlleryln ' a I Days
ATTACHMENT A
City of Round Rock
Insurance Requirements
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shalLorocure and maintain at Its sole cost and expense (or the duration
of the contract or purchase order resuhino from a response to this bid/Specification insurance
against claims for iniuries 10 oersonsor_damages to properly which may arise from or in
connection with the performance oflhe Mites as a resulLof this bld by the successful bidder, ite
agents. representatives volunteers. employees or subcontractors,
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1,2.1, General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall he accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for properly damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3,5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehides with minimum limits for Bodily injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1,4. The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the Clty, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. Ail insurance and bonds shall meet the
requirements of the bid specification and the Insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certilicate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
Page 1 of 4
1.5,1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and Its officers, employees, and elected officials as additional
insured's, (as the interest of each Insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.6.4.1. Thal the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City. its officers. employees,
and elected officials for injuries, including death, property damage, or any other
loss to the extent same may covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability, duty. and standard
of care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance Is being supplied.
1.5.9. Vendor shall notify the City in the event of any change In coverage and shall
give such notices not tess than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of -Round -Rock City of Round Rock
221 East Maln 309 East Main
Round Rock, TX 78684-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation Insurance coverage
for all persons providing services on building or construction projects for a governmental
entity.
2.1.1. Certificate of coverage ("certificate") - Acopy of a certificate of insurance, a
certificate of authority to self -insure Issued by the Texas Workers' Compensation
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 protect, for the
duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project unlit the CONTRACTOR'S /person's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor') in Section 406.096 - includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This Includes, Without limitation, Independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees
of any entity, which furnishes persons to provide services on the project. "Services'
Include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services' does not
Page 2 of 4
Include activities unrelated to the project, such as foodlbeverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that 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.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. 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 OWNER showing that
coverage has been extended.
2.6, The CONTRACTOR shall obtain from each person providing services on a project, and
provide 10 the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project. so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.6.2. no later than seven calendar 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.
2,7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in wilting by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2,9. 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.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the project;
2.10.2. 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 a protect, for the duration of the
project;
2.10.3. 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;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.10.3.1,1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
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
Page 3 of 4
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER In writing by certified mail or personal delivery,
within 10 calendar 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
2.10.3.4. contractually require each person with whom it contracts, (o perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. By signing the solicitation associated with this specification. or
providing, or causing to be provided a certificate of coverage, the
Contractor Is representing to the Owner 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 of 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.
2.10.3.6. The Contractor's failure to comply with any of (hese provisions is a
breach of contract by the Contractor that entitles (he Owner 10
declare the contract void if the Contractor does not remedy the
breach within len calendar days after receipt of notice of breach
from the owner.
Page 4 of 4
ATTACHMENT B
The American Recovery and Reinvestment
Act (ARRA) Requirements
Special Terms and Conditions .to Be tnctuoea in contracts r unaeu in Whole or In Part
by The American Recovery and Reinvestment Act Of 2009
The following are Special Terms and Conditions to be used for procurements funded by the American Recovery and
Reinvestment Act of 2009. Other special terms and conditions may be developed and included when appropriate or
as required by the Federal granting agency.
1. GENERAL: This Contract is govemed, in part, by the provisions of the American Recovery and Reinvestment
Act of 2009, Pub. L. 111-5 (the "Recovery Act" or "ARRA") and Federal Regulations and other guidance from
the federal government implementing the Recovery Act (collectively, "Recovery Act Requirements" or "ARRA
Requirements"), and the Contractor agrees that it will comply with all Recovery Act Requirementsapplicable to
this contract. In the event of a conflict between the tennis of this Contract and the Recovery Act Requirements,
the provisions of the Recovery Act Requirements shall be controlling, The Contractor acknowledges that these
Special Terms and Conditions may require changes due to future revisions of the Recovery Act Requirements,
and Contractor agrees that it shall comply with any such changes upon receipt of written notification from the
City of such changes. Such changes will become a material part of the Contract without the necessity of either
party executing an amendment to this Contract Contractor also agrees that it will provide all information and
documentation required by the City in order to comply with the Recovery Act Requirements. Contractor agrees
that, to the extent ARRA Requirements conflict with State of Texas or City of Round Rock, Texas
requirements, the ARRA Requirements shall control.
2. JOB CREATION AND RETENTION: The Contractor shall provide to the City an estimate of the number of
new positions created and filled, positions retained, or previously existing unfilled positions that are filled or
retained as a result of this Contract. The estimated number shall be expressed as full-time equivalent (FTE),
calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as
defined by the Contractor. The Contractor shall update the information regarding jobs creation and retention on
a quarterly basis, and shall provide each updated report to the City no later than ten business days before the end
of each calendar quarter.
The Contractor shall provide a brief description of the types of jobs created or jobs retained in the United States
and outlying areas. This description may rely on job titles, broader labor categories, or the Contractor's existing
practice for describing jobs provided the tens are widely understood and describe the general nature of the
work.
3. AUDITING: The Contractor shall retain all books, records, and other documents to this Contract for five (5)
years after final payment. Section 902 of the American Recovery and Reinvestment Act of 2009 provides the
U.S. Comptroller General and his representatives with the authority to:
(1) examine any records of the Contractor or any of its subcontractors, or any State or local agency
administering such contract, that directly pertain to, and involve transactions relating to, the contract or any
subcontract; and
(2) interview any officer or employee of the Contractor or any of its subcontractors, or of any State or local
governor ent agency administering the contract, regarding such transactions.
Accordingly, the Comptroller General and his representatives shall have the authority and rights as provided
under Section 902 of the Recovery Act with respect to this Contract, which is funded with funds made available
under the Recovery Act. Section 902 further states that nothing in this section shall be interpreted to limit or
restrict in any way any existing authority of the Comptroller General.
Additionally, Section 1515(a) of the Recovery Act provides authority for any representatives of an appropriate
inspector general appointed under Section 3 or 8G of the Inspector General Act of 1978 to examine any records
or interview any employee or officers of the Contractor or its subcontractorsworking on this Contract. The
Contractor is advised that any representatives of an appropriate Inspector General appointed under Section 3 or
1 of 2
8G of the Inspector General Act of 1978 have the authority to examine any record and interview any employee
or officer of the Contractor, its subcontractors or other firms working on this Contract. This right of
examination shall also include inspection at all reasonable times of the Contractor's plants, or parts of them,
engaged in performing the Contract. Section 1515(b) further provides that nothing in this section shall be
interpreted to limit or restrict in any way any existing authority of an Inspector General.
The City's contracting officer and other representatives of the City shall have, in addition to any other audit or
inspection right in this Contract, all the audit and inspection rights contained in this section.
4. BUY AMERICAN: Section 1605 of the Recovery Act prohibits use of recovery funds for a project for the
construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel,
and manufactured goods used in the project are produced in the United States. The law requires that this
prohibition be applied in a manner consistent with U.S. obligations under international agreements, and it
provides for waiver by the head of the federal agency awarding the ARRA funds under three circumstances:
(a) Iron, steel, or relevant manufactured goods are not produced in the United States in sufficient and
reasonably available quantities and of a satisfactory quality;
(b) Inclusion of iron, steel, or manufactured goods produced in the United States will increase the cost of
the overall project by more than 25 percent; or
(c) Applying the domestic preference would be inconsistent with the public interest.
5. WAGE RATE REOUIREMENTS:
(a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal
Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on
projects of a character similar in the Locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the
Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to
implement the Davis -Bacon and related .Acts. Regulations in 29 CFR 5.5 instruct agencies concerning
application of the standard Davis -Bacon contract clauses set forth in that section. The standard Davis -Bacon
contract clauses found in 29 CFR 5.5(a) are incorporated into this Contract and any subcontracts that that are in
excess of $2,000 for construction, alteration or repair (including painting and decorating).
(b) Inquiries concerning the application of Davis -Bacon requirements to a particular federally assisted project
should be directed to the Federal agency funding the project. The Secretary of Labor retains fmal coverage
authority under Reorganization Plan Number 14.
Please reference Attachment D to this specification for wage information as of 5/3/10. Contractor shall be
advised that this information is subject to change. Current wage information for this project can be found at:
http://www.wdol.eov/dba.aspx#0
6. REPORTING REOUTREMENTS: Pursuant to Section 1512 of the ARRA, entities, including the City,
receiving ARRA funds must submit a report to the federal government containing information on the use of
.ARRA funds no later than ten (10) calendar days after the end of each calendar quarter. Accordingly,
Contractor agrees to provide the City with such information, no later than five (5) calendar days after the end of
each calendar quarter, as is required by the City to comply with ARRA reporting requirements. Section 1512 of
ARRA, its implementing regulations (2 CFR §176.50), guidance provided by the White House Office of
Management and Budget and the terms of the ARRA grant that provides funds for this Contract provide
guidance on what information must be reported. •
7. SUBCONTRACTOR FLOW -DOWN REQUIREMENTS: Contractor agrees that it shall include these
supplemental tens and conditions, including this requirement, in any of its subcontracts in connection with
projects funded in whole or in part with funds available under the American Recovery and Reinvestment Act of
2009, Pub. L. 111-5.
2 of 2
ATTACHMENT C
[ INTENTIONALLY LEFT BLANK ]
Formerly Davis -Bacon Act Requirements, now contained
elsewhere in exhibits
ATTACHMENT D
Davis -Bacon Wage Information
as of 06/25/2010
Page 1 of 3
General Decision Number: TX100098 06/25/2010 TX98
Superseded General Decision Number: TX20080098
State: Texas
Construction Type: Building
Counties: Caldwell, Hays and Williamson Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include residential
construction consisting of single family homes and apartments
up to and including 4 stories). (Use current Heavy and Highway
General Wage Determination for Paving and Utilities Incidental
to Building Construction).
Modification Number Publication Date
0 03/12/2010
1 06/25/2010
ELEC0520-002 11/30/2009
Rates Fringes
ELECTRICIAN (Including Sound,
Communication, Signalling
and Alarm Installation) $ 26.18 6.66
IRON0482-003 06/01/2009
Rates Fringes
IRONWORKER, STRUCTURAL
(Excluding Metal Building
Erection) $ 19.55 4.90
* PLUM0286-002 06/01/2010
Rates
PLUMBER (Including HVAC Work)....$ 25.00
Fringes
9.48
* PLUM0286-003 06/01/2010
Rates Fringes
PIPEFITTER (Excluding HVAC
Work) $ 25.00 9.48
SHEE0067-002 07/06/2009
Rates Fringes
SHEETMETAL WORKER (Including
HVAC Duct Work) $ 24.30 10.18
SUTX1995-002 03/10/1995
Rates Fringes
BRICKLAYER $ 14.46
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Page 2 of 3
CARPENTER (Including
Acoustical Installation and
Excluding Drywall Hanging) $ 10.85
CEMENT MASON/CONCRETE FINISHER$ 9.32
DRYWALL HANGER $ 11.04
GLAZIER $ 10.79
Laborers:
Brick Tender $ 8.00
Common $ 7.25
PAINTER: Brush Only
(Including Drywall Finishing)....$ 9.00
Power equipment operators:
Front End Loader $ 9.60
SPRINKLER FITTER $ 13.50
2.04
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
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
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Page 3 of 3
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
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
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03000 FEDERALLY REQUIRED
CONTRACT CLAUSES
Special Provisions
A. Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or
any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course,
or swimming pool.
B. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of the
funds appropriated or otherwise made available by the American Recovery and Reinvestment
Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed
under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the
Comptroller General is authorized —
(1) To examine any records of the City, contractor and any of its subcontractors, or sub -
grantees, or any State or local agency administering such contract that pertain to, and
involve transactions in relation to, the contract, subcontract, grant, or subgrant; and
(2) To interview any officer or employee of the City, contractor and any of its subcontractors,
or, sub -grantees, or agency regarding such transactions.
C. Publication
In the event that a contract or subcontract contains technical data and other data, including
trade secrets and/or privileged or confidential information, which the contractor does not want
disclosed to the public or used by the Government for any purpose other than the contract:
The contractor may specifically identify each page including each line or paragraph thereof
containing the data to be protected and mark the cover sheet of the contract with the following
Notice as well as referring to the notice on each page to which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages --- of this contract has been submitted in confidence and contains
trade secrets or proprietary information, and such data shall be used or disclosed only for
evaluation purposes, provided that DOE shall have the right to use or disclose the data here to
the extent provided in the award. This restriction does not limit the Government's right to use
or disclose data obtained without restriction from any source, including the contractor.
Information about this agreement will be published on the Internet and linked to the website
www.recovery.gov., maintained by the Accountability and Transparency Board. The Board
may exclude posting contractual or other information on the website on a case-by-case basis
when necessary to protect national security or to protect information that is not subject to
disclosure under section 552 and 552a of title 5, United States Code.
D. Protecting State and Local Government and Contractor Whistleblowers
The requirements of Section 1553 of the Act are summarized below. They include, but are not
limited to:
Prohibition on Reprisals: An employee of any non -Federal employer receiving covered funds
under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including
a disclosure made in the ordinary course of an employee's duties, to the Accountability and
Transparency Board, an inspector general, the Comptroller General, a member of Congress, a
State or Federal regulatory or law enforcement agency, a person with supervisory authority
over the employee (or other person working for the employer who has the authority to
investigate, discover or terminate misconduct), a court or grand jury, the head of a Federal
Agency, or their representatives information that the employee believes is evidence of :
• Gross mismanagement of an agency contract or grant relating to covered funds;
• A gross waste of covered funds;
• A substantial and specific danger to public health or safety related to the
implementation or use of covered funds;
• An abuse of authority related to the implementation or use of covered funds; or
• A violation of law, rule, or regulation related to an agency contract (including the
competition for or negotiation of a contract) or grant, awarded or issued relating to
covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an
alleged reprisal, the head of the agency shall determine whether there is sufficient basis to
conclude that the non -Federal employer has subjected the employee to a prohibited reprisal.
The agency shall either issue an order denying relief in whole or in part or shall take one or
more of the following actions:
• Order the employer to take affirmative action to abate the reprisal.
• Order the employer to reinstate the person to the position that the person held before
the reprisal, together with compensation including back pay, compensatory damages,
employment benefits, and other terms and conditions of employment that would apply
to the person in that position if the reprisal hand not been taken.
• Order the employer to pay the employee an amount equal to the aggregate amount of
all costs and expenses (including attorneys' fees and expert witnesses' fees) that were
reasonably incurred by the employee for or in connection with, bringing the complaint
regarding the reprisal, as determined by the head of a court of competent jurisdiction.
Non -enforceability of Certain Provision Waiving Rights and Remedies or Requiring
Arbitration:
Except as provided in a collective bargaining agreement, the rights and remedies provided to
aggrieved employees by this section may not be waived by any agreement, policy, form, or
condition of employment, including any pre -dispute arbitration agreement. No pre -dispute
arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising
out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds
under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice
of the rights and remedies as required therein.
E. False Claims Act
The City shall promptly refer to the DOE or other appropriate Inspector General any credible
evidence that a principal, employee, agent, contractor, sub -grantee, subcontractor or other
person has submitted a false claim under the False Claims Act or has committed a criminal or
civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar
misconduct involving those funds.
DAVIS BACON ACT REQUIREMENTS (MAY 2009)
(a) Definition . — "Site of the work" —
(1) Means—
(i) The primary site of the work. The physical place or places where the construction
called for in the award will remain when work on it is completed; and
(ii) The secondary site of the work, if any. Any other site where a significant portion of
the building or work is constructed, provided that such site is ---
(A) Located in the United States; and
(B) Established specifically for the performance of the award or project;
(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants,
mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided —
(i) They are dedicated exclusively, or nearly so, to performance of the award or project;
and
(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in
paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph
(a)(1)(ii) of this definition;
(3) Does not include permanent home offices, branch plant establishments, fabrication plants,
or tool yards of a Contractor or subcontractor whose locations and continuance in
operation are determined wholly without regard to a particular Federal award or project.
In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a
commercial or material supplier which are established by a supplier of materials for the
project before opening of bids and not on the Project site, are not included in the "site of
the work." Such permanent, previously established facilities are not a part of the "site of
the work" even if the operations for a period of time may be dedicated exclusively or
nearly so, to the performance of a award.
(b) (1) All laborers and mechanics employed or working upon the site will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations issued
by the Secretary of Labor under the Copeland Act (29 CFR Part3)), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage determination of the Secretary of Labor which
is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the
work, regardless of any contractual relationship which may be alleged to exist between the
Contractor and such laborers and mechanics. Any wage determination incorporated for a
secondary site of the work shall be incorporated without any adjustment in award price or
estimated cost. Laborers employed by the construction Contractor or construction
subcontractor that are transporting portions of the building or work between the secondary site
of the work and primary site of the work shall be paid in accordance with the wage
determination applicable to the primary site of the work.
(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1 (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this
article; also, regular contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs which cover the particular
weeklyperiod, are deemed to be constructively made or incurred during such period.
(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and
fringe benefits in the wage determination for the classification of work actually performed,
without regard to skill, except as provided in the article entitled Apprentices and Trainees.
Laborers or mechanics performing work in more than one classification may be compensated
at the rate specified for each classification for the time actually worked therein; provided, that
the employer's payroll records accurately set forth the time spent in each classification in
which the work is performed.
(4) The wage determination (including any additional classifications and wage rates
conformed under paragraph (c) of this article) and the Davis -Bacon poster (WH -1321) shall be
posted at all times by the Contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers.
c. (1) The Contracting Officer shall require that any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed under the award shall be
classified in conformance with the wage determination. The Contracting Officer shall approve
an additional classification and wage rate and fringe benefits therefore only when all the
following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a
classification in the wage determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rate contained in the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives and the Contracting Officer agree on the classification and
wage rate (including the amount designated for fringe benefits, where appropriate), a report of
the action taken shall be sent by the Contracting Officer to the Administrator of the:
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise the Contracting
Officer or will notify the Contracting Officer within the 30 -day period that additional time is
necessary.
(3) In the event the Contractor, the laborers or mechanics to be employed in the classification,
or their representatives, and the Contracting Officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where
appropriate), the Contracting Officer shall refer the questions, including the views of all
interested parties and the recommendation of the Contracting Officer, to the Administrator of
the Wage and Hour Division for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the
Contracting Officer or will notify the Contracting Officer within the 30 -day period that
additional time is necessary.
(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to
subparagraphs (c)(2) and (c)(3) of this article shall be paid to all workers performing work in
the classification under this award from the first day on which work is performed in the
classification.
(d) Whenever the minimum wage rate prescribed in the award for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay
the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an
hourly cash equivalent thereof.
(e) if the Contractor does not make payments to a trustee or other third person, the Contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program; provided, that the
Secretary of Labor has found, upon the written request of the Contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the
Contractor to set aside in a separate account assets for the meeting of obligations under the plan
or program.
Rates of Wages
The minimum wages to be paid laborers and mechanics under this award involved in performance of
work at the project site, as determined by the Secretary of Labor to be prevailing for the
corresponding classes of laborers and mechanics employed on projects of a character similar to the
contract work in the pertinent locality, are included as an attachment to this award. These wage rates
are minimum rates and are not intended to represent the actual wage rates that the Contractor may
have to pay.
Payrolls and Basic Records
(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course
of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at
the site of the work. Such records shall contain the name, address, and social security number of each
such worker, his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in section 1 (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under
paragraph (d) of the article entitled Davis -Bacon Act, that the wages of any laborer or mechanic
include the amount of any costs reasonable anticipated in providing benefits under a plan or program
described in section 1 (b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which
show that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost incurred in
providing such benefits. Contractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(b) (1) The Contractor shall submit weekly for each week in which any award work is performed a
copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under paragraph (a) of this article.
This information may be submitted in any form desired. Optional Form WH -347 (Federal Stock
Number 029-005-00014-1) is available for this purpose and may be purchased from the —
Superintendent of Documents U.S. Government Printing Office Washington, DC 20402.
The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors.
(2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
Contractor or subcontractor or his or her agent who pays or supervises the payment of the person
employed under the award and shall certify —
(i) That the payroll for the payroll period contains the information required to be maintained
under paragraph (a) of this article and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on
the award during the payroll period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and that no deductions have been made either directly or indirectly
from the full wages earned, other than permissible deductions as set forth in the Regulations, 29
CFR Part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the award.
(3) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by subparagraph (b)(2) of this article.
(4) The falsification of any of the certifications in this article may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of
Title 31 of the United State Code.
(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this article
available for inspection, copying, or transcription by the Contracting Officer or authorized
representatives of the Contracting Officer or the Department of Labor. The Contractor or
subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or
the Department of Labor to interview employees during working hours on the job. If the
Contractor or subcontractor fails to submit requiredrecords or to make them available, the
Contracting Officer may, after written notice to the Contractor, take such action as may be
necessary to cause the suspension of any further payment. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR 5.12.
Withholding of Funds
The Contracting Officer shall, upon his or her own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the Contractor
under this award or any other Federal award with the same Prime Contractor, or any other
federally assisted award subject to Davis -Bacon prevailing wage requirements, which is held by
the same Prime Contractor, so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed
by the Contractor or any subcontractor the full amount of wages required by the award. In the
event of failure to pay any laborer or mechanic, including any apprentice trainee, or helper,
employed or working on the site of the work, all or part of the wages required by the award, the
Contracting Officer may, after written notice to the Contractor, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
Apprentices and Trainees
(a) Apprentices.
(1) An apprentice will be permitted to work at less than the predetermined rate for the work
they performed when they are employed —
(i) Pursuant to an individually registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment and training Administration, Office
of Apprenticeship andTraining, Employer, and Labor Services (OATELS) or with a
State Apprenticeship Agency recognized by the OATESL; or
(ii) In the first 90 days of probationary employment as an apprentice in such an
apprenticeship program, even though not individually registered in the program, if
certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice.
(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the Contractor as to the entire work force
under the registered program.
(3) Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated in paragraph (a)(1) of this article, shall be paid not less than
the applicable wage determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
(4) Where a contractor is performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates (expressed in percentage of the
journeyman's hourly rate) specified in the Contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable wage determination.
(5) Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid
in accordance with that determination.
(6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS,
withdraws approval of an apprenticeship program, the Contractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(b) Trainees.
(1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer, and Labor Services
(OATELS). The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by OATELS.
(2) Every trainee must be paid at not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in
the wage determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the corresponding
joumeyman wage rate in the wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the OATELS shall be paid not
less than the applicable wage rate in the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable
wage rate in the wage determination for the work actually performed.
(3) In the event OATELS withdraws approval of a training program, the Contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(c) Equal employment opportunity.
The utilization of apprentices, trainees, and journeymen under this article shall be in
conformity with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR Part 30.
Compliance with Copeland Act Requirements
The Contractor shall comply with the requirement of 29 CFR Part 3, which are hereby incorporated
by reference in this award.
Subcontract (Labor Standards)
(a) Definition. "Construction, alteration or repair," as used in this article means all types of work
done by laborers and mechanics employed by the construction Contractor or construction
subcontractor on a particular building or work at the site thereof, including without limitation —
(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated
off-site;
(2) Painting and decorating;
(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the
building or work;
(4) Transportation of materials and supplies between the site of the work within the meaning of
paragraphs (a)(1)(i) and (ii) of the "site of the work" as defined in the article entitled Davis
Bacon Act of this award, and a facility which is dedicated to the construction of the building
or work and is deemed part of the site of the work within the meaning of paragraph (2) of the
"site of work" definition; and
(5) Transportation of portions of the building or work between a secondary site where a
significant portion of the building or work is constructed, which is part of the "site of the
work" definition in paragraph (a)(1)(ii) of the Davis -bacon Act article, and the physical place
or places where the building or work will remain (paragraph (a)(1)(i) of the Davis Bacon Act
article, in the "site of the work" definition).
(b) The Contractor or subcontractor shall insert in any subcontracts for construction, alterations and
repairs within the United States the articles entitled —
(1) Davis -Bacon Act;
(2) Contract Work Hours and Safety Standards Act — Overtime Compensation (if the article is
included in this award);
(3) Apprentices and Trainees;
(4) Payrolls and Basic Records;
(5) Compliance with Copeland Act Requirements;
(6) Withholding of Funds:
(7) Subcontracts (Labor Standards)
(8) Contract Termination — Debarment;
(9) Disputes Concerning Labor Standards;
(10) Compliance with Davis -Bacon and Related Act Regulations; and
(11) Certification of Eligibility.
(c) The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor performing construction within the United States with all the award articles cited in
paragraph (b).
(d) (1) Within 14 days after issuance of the award, the Contractor shall deliver to the Contracting
Officer a completed Standard Form (SF) 14I3, Statement and Acknowledgement, for each
subcontract for construction within the United States, including the subcontractor's signed and
dated acknowledgement that the articles set forth in paragraph (b) of this article have been
included in the subcontract.
Within 14 days after the award of any subsequently awarded subcontract the Contractor shall
deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract.
(e) The Contractor shall insert the substance of this article, including this paragraph (e) in all
subcontracts for construction within the United States.
Contract Termination — Debarment
A breach of the award articles entitled Davis -Bacon Act, Contract Work Hours and Safety Standards
Act — Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance
with Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Davis -Bacon
and Related Act Regulations, or Certification of Eligibility may be grounds for termination of the
whole award or in part for the Recovery Act covered work only, and for debarment as a Contractor
and subcontractor as provided in 29 CFR 5.12.
Compliance with Davis -Bacon and Related Act Regulations
All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3,
and 5 are hereby incorporated by reference in this award.
Disputes Concerning Labor Standards
The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for
resolving disputes concerning labor standards requirements. Such disputes shall be resolved in
accordance with those procedures and not the Disputes and Appeals as defined in 10 CFR 600.22.
Disputes within the meaning of this article include disputes between the Contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
Certification of Eligibility
(a) By entering into this award, the Contractor certifies that neither it (nor he or she) nor any person
or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded
Government awards by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(b) No part of this award shall be subcontracted to any person or firm ineligible for award of a
Government award by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR. 5.12 (a)(1).
(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
Approval of Wage Rates
All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in
work under this award must be submitted for approval in writing by the head of the contracting
activity or a representative expressly designated for this purpose, if the straight time wages exceed the
rates for corresponding classifications contained in the applicable Davis -Bacon Act minimum wage
determination included in the award. Any amount paid by the Contractor to any laborer or mechanic
in excess of the agency approved wage rate shall be at the expense of the Contractor and shall not be
reimbursed by the Government. If the Government refuses to authorize the use of the overtime, the
Contractor is not released from the obligation to pay employees at the required overtime rates for any
overtime actually worked.
NATIONAL POLICY ASSURANCES TO BE INCORPORATED AS AWARD TERMS
(August 2008)
To the extent that a term does not apply to a particular type of activity or award, it is self -
deleting.
I. Nondiscrimination Policies
You must comply with applicable provisions of the following national policies prohibiting
discrimination:
1 On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), as implemented by DOE regulations at 10 CFR part 1040;
2 On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), as implemented by DOE regulations at 10 CFR parts 1041 and 1042;
3 On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C.6101 et seq.), as
implemented by Department of Health and Human Services regulations at 45 CFR part 90 and
DOE regulations at 10 CFR part 1040;
4 On the basis of disability, in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), as implemented by Department of Justice regulations at 28 CFR part 41 and DOE
regulations at 10 CFR part 1041;
5 On the basis of race, color, national origin, religion, disability, familial status, and sex
under Title VIII of the Civil Rights Act (42 U.S.C. 3601 et seq.) as implemented by the
Department of Housing and Urban Development at 24 CFR part 100; and
6 On the basis of disability in the Architectural Barriers Act of 1968(42 U.S.C. 4151 et
seq.) for the design, construction, and alteration of buildings and facilities financed with
Federal funds.
II. Environmental Policies
You must:
1 Comply with applicable provisions of the Clean Air Act (42 U.S.C.7401, et. seq.) and
Clean Water Act (33 U.S.C. 1251, et. seq.), as implemented by Executive Order 11738 [3 CFR,
1971-1975 Comp., p. 799] and Environmental Protection Agency rules at 40 CFR part 32,
Subpart J.
2 Immediately identify to us, as the awarding agency, any potential impact that you find
this award may have on:
a. The quality of the human environment, including wetlands, and provide any help we
may need to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321 et.
seq.) and assist us to prepare Environmental Impact Statements or other environmental
documentation. In such cases, you may take no action that will have an adverse environmental
impact (e.g., physical disturbance of a site such as breaking of ground) or limit the choice of
reasonable alternatives until we provide written notification of Federal compliance with NEPA,
as implemented by DOE at 10 CFR part 1021.
b. Flood -prone areas, and provide any help we may need to comply with the National
Flood insurance Act of 1968 and Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et.
seq.), which require flood insurance, when available, for Federally assisted construction or
acquisition in flood -prone areas, as implemented by DOE at 10 CFR part 1022.
c. Use of land and water resources of coastal zones, and provide any help we may need to
comply with the Coastal Zone Management Act of 1972(16 U.S.C. 1451, et. seq.).
d. Coastal barriers along the Atlantic and Gulf coasts and Great Lakes' shores, and
provide help we may need to comply with the Coastal Barriers Resource Act (16 U.S.C. 3501
et. seq.), concerning preservation of barrier resources.
e. Any existing or proposed component of the National Wild and Scenic Rivers system,
and provide any help we may need to comply with the Wild and Scenic Rivers Act of 1968 (16
U.S.C. 1271 et seq.).
f. Underground sources of drinking water in areas that have an aquifer that is the sole or
principal drinking water source, and provide any help we may need to comply with the Safe
Drinking Water Act(42 U.S.C. 300h-3).
3 Comply with applicable provisions of the Lead -Based Paint Poisoning Prevention Act
(42 U.S.C. 4821-4846), as implemented by the Department of Housing and Urban
Development at 24 CFR part 35. The requirements concern lead-based paint in housing owned
by the Federal Government or receiving Federal assistance.
4 Comply with section 6002 of the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. 6962), and implementing regulations of the Environmental Protection
Agency, 40 CFR Part 247, which require the purchase of recycled products by States or
political subdivision of States.
111. Live Organisms
1 Human research subjects. You must protect the rights and welfare of individuals that
participate as human subjects in research under this award in accordance with the Common
Federal Policy for the Protection of Human Subjects (45 CFR part 46), as implemented by
DOE at 10 CFR part 745.
2. Animals and plants.
a. You must comply with applicable provisions of Department of Agriculture rules at 9
CFR parts 1-4 that implement the Laboratory Animal Welfare Act of 1966 (7 U.S.C. 2131-
2156) and provide for humane transportation, handling, care, and treatment of animals used in
research, experimentation, or testing under this award.
b. You must follow the guidelines in the National Academy of Sciences(NAS) Publication
"Guide for the Care and Use of Laboratory Animals"(1996, which may be found currently at
http://www.nap.edu/readingroom/books/labrats/) and comply with the Public Health Service
Policy and Government principles Regarding the Care and use of animals (included as
Appendix D to the NAS Guide).
c. You must immediately identify to us, as the awarding agency, any potential impact that
you find this award may have on endangered species, as defined by the Endangered Species
Act of 1973, as amended ("the Act," 16 U.S.C. 1531-1543), and implementing regulations of
the Departments of the Interior (50 CFR parts 10-24) and Commerce (50 CFR parts 217-227).
You also must provide any help we may need to comply with 16 U.S.C. 1536(a)(2). This is not
in lieu of responsibilities you have to comply with provisions of the Act that apply directly to
you as a U.S. entity, independent of receiving this award.
IV. Other National Policies
1 Debarment and suspension. You must comply with requirements regarding debarment
and suspension in Subpart C of 2 CFR parts 180 and 901.
2 Drug-free workplace. You must comply with drug-free workplace requirements in
Subpart B of 10 CFR part 607, which implements sec. 5151-5160 of the Drug -Free Workplace
Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq.).
3 Lobbying.
a. You must comply with the restrictions on lobbying in 31 U.S.C.1352, as implemented
by DOE at 10 CFR part 601, and submit all disclosures required by that statute and regulation.
b. If you are a nonprofit organization described in section 501(c)(4)of title 26, United
States Code (the Internal Revenue Code of 1968),you may not engage in lobbying activities as
defined in the Lobbying Disclosure Act of 1995 (2 U.S.C., Chapter 26). If we determine that
you have engaged in lobbying activities, we will cease all payments to you under this and other
awards and terminate the awards unilaterally for material failure to comply with the award
terms and conditions. By submitting an application and accepting funds under this agreement,
you assure that you are not an organization described in section 501(c)(4) that has engaged in
any lobbying activities described in the Lobbying Disclosure Act of 1995 (2 U.S.C. 1611).
c. You must comply with the prohibition in 18 U.S.C. 1913 on the use of Federal funds,
absent express Congressional authorization, to pay directly or indirectly for any service,
advertisement or other written matter, telephone communication, or other device intended to
influence at any time a Member of Congress or official of any government concerning any
legislation, law, policy, appropriation, or ratification.
4. Officials not to benefit. You must comply with the requirement that no member of
Congress shall be admitted to any share or part of this agreement, or to any benefit arising from
it, in accordance with 41U.S.C. 22.
5 Hatch Act. If applicable, you must comply with the provisions of the Hatch Act (5
U.S.C. 1501-1508 and 7324-7326), as implemented by the Office of Personnel Management at
5 CFR part 151, which limits political activity of employees or officers of State or local
governments whose employment is connected to an activity financed in whole or part with
Federal funds.
6 Native American graves protection and repatriation. If you control or possess
Native American remains and associated funerary objects, you must comply with the
requirements of 43 CFR part 10, the Department of the Interior implementation of the Native
American Graves Protection and Repatriation Act of 1990 (25 U.S.C., chapter 32).
7 Fly America Act. You must comply with the International Air Transportation Fair
Competitive Practices Act of 1974 (49 U.S.C. 40118), commonly referred to as the "Fly
America Act," and implementing regulations at 41 CFR. 301-10.131 through 301-10.143. The
law and regulations require air transport of people or property to, from, between or within a
country other than the United States, the cost of which is supported under this award, to be
performed by or under a cost-sharing arrangement with a U.S. flag carrier, if service is
available.
8. Use of United States -flag vessels.
a. Pursuant to Pub. L. 664 (43 U.S.C. 1241(b)), at least 50 percent of any equipment, materials
or commodities procured, contracted for or otherwise obtained with funds under this award,
and which may be transported by ocean vessel, must be transported on privately owned United
States -flag commercial vessels, if available.
b. Within 20 days following the date of loading for shipments originating within the United
States or within 30 working days following the date of loading for shipments originating
outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading
in English for each shipment of cargo described in paragraph 9.a of this section shall be
furnished to both our award administrator (through you in the case of your contractor's bill -of -
lading) and to the Division of National Cargo, Office of Market Development, Maritime
Administration, Washington, DC 20590.
9 Research misconduct. You must comply with the goverrunent-wide policy on research
misconduct issued by the Office of Science and Technology Policy (available in the Federal
Register at 65 FR 76260, December 6,2000, or on the Internet at www.ostp.gov), as
implemented by DOE at 10 CFR part 733 and 10 CFR 600.31.
10 Requirements for an Institution of Higher Education Concerning Military
recruiters and Reserve Officers Training Corps (ROTC).
a. As a condition for receiving funds under an award by the National Nuclear Security
Administration of the Department of Energy, you agree that you are not an institution of higher
education that has a policy or practice placing any of the restrictions specified in 10 U.S.C.
983. as implemented by 32 CFR part 216, on:
i. Maintenance, establishment, or operation of Senior ROTC units, or student
participation in those units; or
ii. Military recruiters' access to campuses, students on campuses, or information about
students.
b. If you are determined, using the procedures in 32 CFR part 216, to be such an
institution of higher education during the period of performance of this award, we:
i. Will cease all payments to you of funds under this award and all other awards subject
to the requirements in 32 CFR part 216; and
ii. May suspend or terminate those awards unilaterally for material failure to comply
with the award terms and conditions.
11. Historic preservation. You must identify to us any:
a. Any property listed or eligible for listing on the National Register of Historic Places
that will be affected by this award, and provide any help we may need, with respect to this
award, to comply with Section 106 of the National Historic Preservation Act of 1966 (16
U.S.C. 470f), as implemented by the Advisory Council on Historic Preservation regulations at
36 CFR part 800 and Executive Order 11593, "Identification and Protection of Historic
Properties," [3 CFR, 1971-1975 Comp., p. 559].
b. Potential 'under this award for irreparable loss or destruction of significant scientific,
prehistorical, historical, or archeological data, and provide any help we may need, with respect
to this award, to comply with the Archaeological and Historic Preservation Act of 1974 (16
U.S.C.469a-1, et seq.).
12 Relocation and real property acquisition. You must comply with applicable
provisions of 49 CFR part 24, which implements the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970(42 U.S.C. 4601, et seq.) and provides for fair and
equitable treatment of persons displaced by federally assisted programs or persons whose
property is acquired as a result of such programs.
13 Confidentiality of patient records. You must keep confidential any records that you
maintain of the identity, diagnosis, prognosis, or treatment of any patient in connection with
any program or activity relating to substance abuse education, prevention, training, treatment,
or rehabilitation that is assisted directly or indirectly under this award, in accordance with 42
U.S.C. 290dd-2.
14 Constitution Day. You must comply with Public Law 108-447, Div. 7, Title I, Sec. 111
(36 U.S.C. 106 note), which requires each educational institution receiving Federal funds in a
Federal fiscal year to hold an educational program on the United States Constitution on
September 17thduring that year for the students served by the educational institution.
15 Trafficking in Persons
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may not—
i.
ot
i. Engage in severe forms of trafficking in persons during the period of time that the
award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect;
or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without
penalty, if you or a subrecipient that is a private entity —
i. Is determined to have violated a prohibition in paragraph a.1 of this award term;
or
ii. Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph a.1 of this award
teen through conduct that is either—
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided in 2
CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment
and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR
part 901.
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding
agency may unilaterally terminate this award, without penalty, if a subrecipient that is a
private entity -
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award
term; or
2. Has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in paragraph a.1 of this award term
through conduct that is either—
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180,
"OMB Guidelines to Agencies on Govenunentwide Debarment and Suspension
(Nonprocurement)," as implemented by our agency at 2 CFR part 901.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b. of this
section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us
under this award.
3. You must include the requirements of paragraph a.1 of this award term in any
subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this
award and not compensated by you including, but not limited to, a volunteer or
individual whose services are contributed by a third party as an in-kind
contribution toward cost sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for
labor or services, through the use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than one included in the
definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion"
have the meanings given at section 103 of the TVPA, as amended (22 U.S.C.
7102).
V. National Policy Requirements for Subawards.
Recipient responsibility. You must include in any subaward you make under this award the '
requirements of the national policy requirements in Sections I through IV of this document that
apply, based on the type of subawardee organization and situation.
ATTACHMENT A-1
Certification of "Buy American" Procurement
Bid Number 1(1-041
Project Name 1iVAC Staem Replacement
In accordance with the terms and conditions of the. Energy Efficiency and Conservation Block Grant,
a determination of inapplicability (waiver) of section 1605 of the American Reinvestment and
Recovery Act of 2009 (Recovery Act Buy American provisions) was published May 24, 2010 for:
• Non-residential programmable thermostats — includes devices than permit adjustment of
heating or air-conditioning operations according to a pre-set',chedttie. Applies only to non-
residential programmable thermostat units.
• Variable refrigerant flow zoning and inverter -driven ductless mini -split HVAC systems —
includes variable refrigerant flow (VRF) multi -split heat pump (with or without heat recovery)
and air conditioning systems: and inverter -driven ductless mini -split heat pump and air
conditioner systems. This waiver includes the main condenser and heat pump units. wall and
fan coil units. zone controllers, remote controls, and any other component of the larger 1(VAC
system.
I do hereby certify as to the following:
1. Identification of American-made Iron, Steel, and Manufactured Goods: Consistent with the terms
of the Owner's hid solicitation and the provisions of ARRA Section 1605 and OMB regulations,
Code of Federal Regulations, Volume 2, Part 176, the Bidder/Vendor certifies that this
bid/procurement reflects the Bidder/Vendor's hest, good faith effort to identify domestic sources
of Iron, Steel, and Manufactured goods for Vevery component contained in the hid
solicitation/procurement where such American-made components are available on the schedule of
values and consistent with the deadlines prescribed in or required by the hid
solicitat ion/procurement:
2. Verification of U.S. Production: The Bidder/Vendor certifies that all components contained in the
hid solicitation/prmurement that are American-made have been um identified, and if this
hid/procurement is accepted, the Bidder/Vendor agrees that it will provide reasonable, sufficient.
and timely verification 10 the Owner of the U.S. production of each component so identified.
3. Documentation Regarding Non -American made Iron. Steel. or ,Manufactured Goods: 1Ttc
Bidder/Vendor certifies that for any component or components that are not American-made and
are so identified in this bid/procurement. the Bidder/Vendor Inas included in or attached 10 this
hid/procurement one or hoth of the following. as applicable:
a. Identification of and citation to a categorical waiver published by the U.S. Department of
Energy in the Federal Register that is applicable to such component or components, and an
analysis that supports its applicability to the component or components.
b. Verifiable documentation sufficient to the Osvner. as required in the hid .oIiciunion or
otherwise. than the .Bidder/Vendor has ,un_ht to scenic ,lmerican-thole component: 1)01 has
determined that such components are not mailable on the schedule and consistent with the
deadlines prescribed in the hid solicitation/procurement.
4. Information and Detailed Justification Regarding Non -American made Iron. Stec. or
Nia utfacturcd Goods: The Bidder/Vendor certifies that ln' any such component or components
that arc not so available. the 13idder/Vendor has also provided in or attached to this
bid/procurement information_ including but not limited to the verifiable documentation and a full
description of the Bidder/Vendor's efforts to secure any such American-made component or
components, that the Bidder/Vendor believes is sufficient to provide and as far as possible
constitutes the detailed justification required for a waiver under Section 1605 with respect to such
component or components. The Bidder/Vendor further agrees that. if this hid/procurement is
accepted. it will assist the Owner in amending. supplementing, or further supporting such
information as required by the Owner to request and, as applicable, implement the terms of a
waiver with respect to any such component or components.
Thermal Mechanical Contractors, Inc.
Contractor Name (printed or typed)
James L. Brown
Name of Authorized Official (printed or typed)
President
Title (printed or typed)
Signature of A� Official
b
Waste Management Plan
Per Energy Efficiency and Conservation Block Grant Program Notice 10-010, the contractor will be required to
provide a waste management plan addressing waste generated by the project prior to generating and
disposing of sanitary or hazardous waste. This waste management plan will describe the contractor's plan to
dispose of any sanitary or hazardous waste (e.g., construction and demolition debris, old light bulbs, lead
paint, lead ballasts, piping, roofing material, discarded equipment, debris and asbestos) generated as a result
of the proposed project. The waste management plan must, at a minimum, contain the following:
(i) Type(s) and estimated volume(s) of waste that the project will generate;
(ii) The disposal path for each waste stream (e.g., landfill disposal, recycling, reuse).
The waste management plan need not contain information about the particular disposal company or recycler.
00700 GENERAL CONDITIONS
City of Round Rock Contract Forms
General Conditions Section 00700
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article Page
Number & Title Number
1. DEFINITIONS 2
2. PRELIMINARY MATTERS 5
3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 7
4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS 8
5. BONDS AND INSURANCE 10
6. CONTRACTOR'S RESPONSIBILITIES 15
7. - OTHER WORK 23
8. OWNER'S RESPONSIBILITIES 23
9. ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 24
10. CHANGES IN THE WORK 25
11. CHANGE OF CONTRACT AMOUNT 26
12. CHANGE OF CONTRACT TIMES 29
13. TESTS AND INSPECTIONS; AND CORRECTION
OR REMOVAL OF DEFECTIVE WORK 30
14. PAYMENTS TO CONTRACTOR AND COMPLETION 32
15. SUSPENSION OF WORK AND TERMINATION 36
16. DISPUTE RESOLUTION 38
17 RIGHT TO AUDIT 39
18. MISCELLANEOUS 40
00700 7-2009
00162837
Page 1 General Conditions
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents the following terms have the
meanings indicated which are applicable to both the singular and plural thereof:
1.1 Addenda - Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids
that clarify, correct or change the proposal or bidding requirements or the Contract Documents.
1.2 Agreement - Prescribed form, referenced as Section 00500.
1.3 Alternative Dispute Resolution - The process by which a disputed Claim may be settled if the OWNER and
the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation.
1.4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the
Contract Documents.
1.5 Bid Documents - The advertisement or invitation for bids, instructions to bidders, the bid form, the
Contract Documents and Addenda.
1.6 Calendar Day - Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal
Holidays shall only be conducted with prior express written consent of the OWNER.
1.7 Change Directive - A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in
the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A
Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change
Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the
change directed or documented by a Change Directive will be incorporated in a subsequently issued Change
Order.
1.8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER
authorizing an addition, deletion, or revision to the Contract, issued on or after the Execution Date of the
Agreement and within the Contract term.
1.9 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms,
payment of money, extension of time or other relief with respect to the terms of the Contract.
1.10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the
CONTRACTOR for performance of the Work, as evidenced by the Contract Documents.
1.11 Contract Amount - The amount payable by the OWNER to the CONTRACTOR for completion of the Work
in accordance with the Contract Documents.
1.12 Contract Documents — Invitation to Bid, Instructions to Bidders, General Conditions, Supplemental
General Conditions, Special Conditions, Technical Specifications, Project Manual, Drawings, Addenda and
Change Orders.
1.13 Contract Time - The number of days allowed for completion of the Work as defined by the Contract.
When any period is referred to in days, it will be computed to exclude the first and include the last day of such
period. A day of twenty-four (24) hours measured from midnight to the next midnight will constitute a day.
1.14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has
entered into the Contract.
00700 7-2009
Page 2 General Conditions
1.15 Drawings - Those portions of the Contract Documents which are graphic representations of the scope,
extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been
approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams.
Shop Drawings are not Drawings as so defined.
1.16 Enqineer/Architect (E/A) - The OWNER's design professional identified as such in the Contract. The titles
of "Architect/Engineer," "Architect" and "Engineer" used in the Contract Documents shall be read the same as
Engineer/Architect (E/A). Nothing contained in the Contract Documents shall create any contractual or agency
relationship between VA and the CONTRACTOR.
1.17 Equal - The terms "equal" or "approved equal" shall have the same meaning.
1.18 Execution Date - Date of last signature of the parties to the Agreement.
1.19 Field Order - A written order issued by Owner's Representative which orders minor changes in the Work
and which does not involve a change in the Contract Amount or the Contract Time.
1.20 Final Acceptance — The stage in the Contract process when, in the OWNER's opinion, Final Completion
of the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued.
1.21 Final Completion - The stage in the progress of the Work when, in the OWNER's opinion, the entire Work
has been completed, the CONTRACTOR's obligations under the Contract Documents have been fulfilled, and the
OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of
Acceptance approved by the OWNER.
1.22 Inspector - The authorized representative of any regulatory agency that has jurisdiction over any portion of
the Work.
1.23 Legal Holidays
1.23.1 The following are recognized by the OWNER:
Holiday Date Observed
New Year's Day January 1
Martin Luther King, Jr.'s Third Monday
Birthday in January
President's Day Third Monday
in February
Memorial Day Last Monday
in May
Independence Day July 4
Labor Day First Monday
in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday
in November
Friday after Friday after
Thanksgiving Thanksgiving
Christmas Eve December 24
00700 7-2009
Page 3 General Conditions
Christmas Day December 25
1.23.2 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on
Sunday, it will be observed on the following Monday.
1.23.3 If Christmas Eve fails on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve
holiday.
1.23.4 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day
holiday.
1.24 Milestones - A significant event specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work.
1.25 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR fixing the date on which
the Contract Times will commence to run and on which the CONTRACTOR shall start to perform the
CONTRACTOR's obligations under the Contract Documents.
1.26 OWNER — The City of Round Rock, Texas, a municipal corporation, home -rule city and political
subdivision organized and existing under the laws of the State of Texas, acting through the City Manager or
his/her designee, officers, agents or employees to administer design and construction of the Project.
1.27 Owner's Representative - The designated representative of the OWNER.
1.28 Partial Occupancy or Use - Use by the OWNER of a partially 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.
1.29 Project - The total construction of which the Work to be provided under the Contract Documents may be
the whole, or a part, as indicated elsewhere in the Contract Documents.
1.30 Project Manual - That portion of the Contract Documents which may include the following: introductory
information; bidding requirements, Contract forms and General and Supplemental General Conditions; General
Requirements; Specifications; Drawings; Project Safety Manual; and Addenda.
1.31 Proposal — Proposal of Offeror, under Local Government Code §271.113 providing for alternative project
delivery methods, on prescribed forms setting forth prices for performing the Work described in the Contract
Documents.
1.32 Proposal Documents — The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal
form, the Contract Documents and Addenda.
1.33 Resident Proiect Representative - The authorized representative of E/A who may be assigned to the site
or any part thereof.
1.34 Shop Drawings - All drawings, diagrams, illustrations, schedules and other data or information which are
specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required
by the Contract Documents.
1.35 Specifications - Those portions of the Contract Documents consisting of written technical descriptions as
applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all
materials, equipment, construction systems, standards, workmanship, equipment and services in order to render a
completed and useful project.
1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions
thereof, may still require minor modifications or adjustments but, in the OWNER's opinion, the Work has
progressed to the point such that all parts of the Work under consideration are fully operational, as evidenced by a
Certificate of Substantial Completion approved by the OWNER.
00700 7-2009
Page 4 General Conditions
1.37 Subcontractor - An individual, firm, or corporation having a direct contract with the CONTRACTOR for the
performance of a part of the Work.
1.38 Sub -subcontractor - A person or entity who has a direct or indirect contract with a Subcontractor to
perform a portion of the Work.
1.39 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill
instructions from Owner's Representative, and who shall supervise and direct construction of the Work.
1.40 Supplemental General Conditions - The part of the Contract Documents which either amends or
supplements the General Conditions. All General Conditions which are not so amended or so supplemented shall
be considered as remaining in full force and effect.
1.41 Supplier - An individual or entity having a direct contract with the CONTRACTOR or with any
Subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any
Subcontractor.
1.42 Time Extension Request - An approved request for time extension on a form acceptable to the OWNER.
1.43 Work - The entire completed construction, or the various separately identifiable parts thereof, required to
be furnished under the Contract Documents.
1.44 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which
conditions not under the CONTRACTOR's control will permit work for at least seven (7) hours of the Working
Times. Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays
may be allowed and in that event a Working Day will be counted for each such day.
1.45 Working Times — Times of day(s) during which work may be performed. Unless authorized by Owner's
Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously
authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00
p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work
during hours outside Working Times, such hours shall be considered time worked on Working Day contracts.
Notwithstanding the preceding, emergency work may be done without prior permission only as provided in
paragraph 6.11.5 herein.
1.46 Written Notice - Written communication between the OWNER and the CONTRACTOR. Written Notice
shall be deemed to have been duly served if delivered in person to Owner's Representative or to the
CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or
certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative
at the last business address known to the party giving notice.
ARTICLE 2 - PRELIMINARY MATTERS
2.1 Delivery of Agreement, Bonds, Insurance,
and Other Documentation:
Within ten (10) Calendar Days after written notification of award of Contract, the CONTRACTOR shall deliver to
the OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution
of the Contract.
2.2 Copies of Documents:
The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise
specified. Additional copies will be furnished, upon request, at the cost specified in the Supplemental General
Conditions.
00700 7-2009
Page 5 General Conditions
2.3 Commencement of Contract Times; Notice to Proceed:
The Contract Time(s) will begin to run on the day indicated in the Notice to Proceed. Notice to Proceed will be
given at any time within sixty (60) Calendar Days after the Execution Date of the Agreement, unless extended by
written agreement of the parties.
2.4 Before Starting Construction:
2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval.
Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The
CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or
discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from
Owner's Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to
the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which
the CONTRACTOR knew or reasonably should have known.
2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later
than the preconstruction conference:
.1 a preliminary progress schedule indicating the times (number of days or dates) for starting and
completing the various stages of the Work, including any Milestones specified in the Contract
Documents, identifying when all Subcontractors will be utilized, and taking into consideration any
limitations on Working Hours;
.2 a preliminary schedule of Shop Drawing and sample submittals;
.3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient
detail to serve as the basis for progress payments during construction. Such prices will include an
appropriate amount of overhead and profit applicable to each item of Work;
.4 a letter designating CONTRACTOR's Superintendent;
.5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried specialists;
.6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety
measures;
.7 if applicable, a trench safety system plan;
.6 if applicable, a plan illustrating proposed locations of temporary facilities;
.9 if applicable, a traffic control plan;
.10 a completed Non -Use of Asbestos Affidavit (Prior to Construction); and
.11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the
Work.
2.5 Preconstruclion Conference:
Prior to commencement of Work at the site, a preconstruction conference attended by the CONTRACTOR,
Owner's Representative and others will be held.
00700 7-2009
Page 6 General Conditions
2.6 Initially Acceptable Schedules:
Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's
Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first
progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly
progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the
schedule . by Owner's Representative will neither impose on Owner's Representative responsibility for the
sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the
CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample
submissions must provide an arrangement agreeable to the parties for reviewing and processing the required
submittals.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT. AMENDING, REUSE
3.1 Intent:
3.1.1 The intent of the Contract Documents is to include all information necessary for theproper execution and
completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is
required by one shall be as binding as if required by all. In cases of disagreement, the following order of
precedence shall govern (lop item receiving priority of interpretation):
Signed Agreement
Addenda to the Contract Documents
Special Conditions
Supplemental General Conditions
General Conditions
Other Bidding Requirements and Contract Forms
Special Provisions to the Standard Technical Specifications
Special Specifications
Standard Technical Specifications
Drawings (figured dimensions shall govern over scaled dimensions)
Project Safety manual, if applicable
3.1.2 Unless otherwise stated in the . Contract Documents, words which have well-known technical or
construction industry meanings are used in the Contract Documents in accordance with such recognized
meanings.
3.2 Reporting and Resolving Discrepancies:
If, during the performance of the Work, the CONTRACTOR discovers any conflict, error, ambiguity or discrepancy
within the Contract Documents or between the Contract Documents and any provisions of any such law or
regulation applicable lo the performance of the Work or of any such standard, specification, manual or code or
instructions of any Supplier, the CONTRACTOR shalt immediately report it to Owner's Representative in writing,
and the CONTRACTOR shall not proceed with the Work affected thereby until an amendment or supplement to
the Contract Documents has been issued by one of the methods indicated in paragraph 3.3.1 or paragraph 3.3.2.
The CONTRACTOR shall be liable to the OWNER for failure to report any such conflict, error, ambiguity or
discrepancy of which the CONTRACTOR knew or reasonably should have known.
3.3 Amending and Supplementing Contract Documents:
3.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or
to modify the terms and conditions thereof in one or more of the following ways:
.1 Change Order.
.2 Change Directive. _
00700 7-2009
Page 7 General Conditions
.3 Time Extension Request.
3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work may be authorized, in one or more of the following ways:
.1 Field Order.
.2 Review of a Shop Drawing or sample.
.3 Written interpretation or clarification.
3.4 Reuse of Documents Prohibited:
The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing
any of the Work under a direct or indirect contract with the OWNER: (I) shall not have or acquire any title to or
ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by
or bearing the seal of EIA or EJA's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other
documents or copies on extensions of the Project or any other project without written consent of the OWNER and
E/A.
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE
POINTS
4.1 Availability of Lands:
The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which
the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are
designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of
general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to
comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities
wilt be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the
OWNER fails to furnish these lands, rights-of-way or easements in a timely manner, the CONTRACTOR may
make a Claim for adjustments in the Contract Times. The CONTRACTOR shall provide for all additional lands
and access thereto that may be required for temporary construction facilities or storage of materials and
equipment.
4.2 Subsurface and Physical Conditions:
4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar
with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and
investigations deemed necessary and proper.
4.2.2 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical
conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions
of an unusual nature, that differ materially from those normally encountered in the type of work being performed
under this Contract, then notice by the observing party shall be given to the other party promptly before conditions
are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. Owner's
Representative will promptly investigate such conditions with E/A and, if they differ materially and cause an
increase or decrease in the CONTRACTOR's cost of, or time required for, performance of any part of the Work,
will recommend an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's
Representative determines that the conditions at the site are not materially different from those Indicated in the
Contract Documents and that no change in the terms of the Contract is justified, the CONTRACTOR shall be
notified in writing, stating the reasons. Any disputes arising from Owner's Representative's determination shall be
resolved in accordance with Article 16.
4.2.3 Notwithstanding any other provision of this Contract, the CONTRACTOR shall be solely responsible for
the location and protection of any and all public lines and utility customer service lines in the Work area. For the
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purposes of this section, "public lines" means the utility distribution and supply system within public rights-of-way
or easements, and "utility customer service lines" (service) means any utility line connecting a utility customer to
the utility distribution system. Generally, existing service connections within right-of-way or easements are not
shown on the Drawings. The CONTRACTOR shall notify the OWNER and "One Call" and exercise due care to
locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the
CONTRACTOR's work or storage areas. The CONTRACTOR's obligation hereunder shall be primary and
nondelegable. The CONTRACTOR shall indemnify or reimburse such expenses or costs (including tines that may
be levied against the OWNER) that may result from unauthorized or accidental damage to all public lines and
utility customer service lines in the Work area. The OWNER reserves the right to repair such damage the
CONTRACTOR may cause, at the CONTRACTOR's expense.
4.2.4 The CONTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities
of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without
written permission of the OWNER and the Texas Department of Antiquities Protection. When such objects are
uncovered unexpectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's
Representative and the Texas Department of Antiquities Protection of their presence and shall not disturb them
until written permission and permit to do so is granted. All primitive rights and antiquities uncovered on the
OWNER's property shall remain property of the State of Texas, the Texas Department of Antiquities Protection
conforming to the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the
Texas Department of Antiquities Protection, that exploration or excavation of primitive records or antiquities on
Project site is necessary to avoid Toss, the CONTRACTOR shall cooperate in salvage work attendant to
preservation. If the Work stoppage or salvage work causes an increase in the CONTRACTOR's cost of, or time
required for, performance of the Work, the Contract Amount and/or Contract Time may be equitably adjusted.
4.3 Reference Points:
Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and
control points which, in the OWNER's opinion, are suitable for laying out the Work. Such benchmarks, and
reference points will be placed at intervals not to exceed 1,500 feet.
All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the
CONTRACTOR by use of flags, laths or other appropriate measures and, In case of destruction or removal by the
CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall
be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference
points, benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will
be the OWNER's responsibility during or upon completion of the Work.
4.4 Hazardous Materials:
4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was
not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may
present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The
CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials
encountered before or during performance of the Work and shall take all necessary precautions to avoid further
disturbance of the materials.
4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the
CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible.
4.4.3 No asbestos -containing materials shall be incorporated into the Work or brought on the Project site
without prior approval of the OWNER.
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ARTICLE 5 - BONDS AND INSURANCE
5.1 Surety and Insurance Companies:
All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance
companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the
limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the
OWNER and shall be issued by a surety which complies with the requirements of Art. 7.19-1, Texas Insurance
Code (1997) and which is otherwise acceptable to the OWNER.
OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's
capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the
U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in
Texas and holds a certificate of authority from the U.S. Secretary of the Treasury.
5.2 Workers' Compensation Insurance Coverage:
5.2.1 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 showing statutory workers'
compensation insurance coverage for the person's or entity's employees providing services on the
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'sl person's Work on the Project has been completed and accepted by the OWNER.
.3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities
performing all or part of the services the CONTRACTOR has undertaken to perform on the Project,
regardless of whether that person contracted directly with the CONTRACTOR and regardless of
whether that person has employees. This includes, by way of illustration and not of 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.
5.2.2 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.
5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of
coverage.
5.2.4 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 OWNER showing that coverage hasbeen extended.
5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the
OWNER:
.1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have
on file certificates of coverage showing coverage for all persons providing services on the Project; and
.2 no later than seven (7) 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.
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5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for
one (1) year thereafter.
5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (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.
5.2.8 The CONTRACTOR shall post at its office or 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.
5.2,9 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 Protect;
.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 10 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 ali required certificates of coverage on file for the duration of the Project and for one (1) year
thereafter;
.6 notify the OWNER in writing by certified mail or personal delivery within ten (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
5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are
providing services.
5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the
CONTRACTOR is representing to the OWNER 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.
5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the
CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy
the breach within ten (10) days after receipt of notice of breach from the OWNER.
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5.3 Contractor Insurance Requirements:
For specific bond requirements and additional insurance requirements, refer to the Supplemental General
Conditions.
5.3.1.1 General Requirements:
.1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of
the Contract, which shall include items owned by OWNER in the care, custody and control of
CONTRACTOR prior to and during construction and warranty period.
.2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER
before the Contract is executed as verification of coverage required below. CONTRACTOR shall
not commence Work until the required insurance is obtained and until such insurance has been
reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability
of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of
CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of
Insurance to OWNER whenever a previously identified policy period has expired as verification of
continuing coverage.
.3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the
State of Texas at the time the policies are issued and shall be written by companies with A.M.
Best ratings of B+VII or better, except for hazardous material insurance which shall be written by
companies with A.M. Best ratings of A- or better.
.4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation
endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E.
Main St., Round Rock, Texas 78664.
.5 The "other' insurance clause shall not apply to the OWNER where the OWNER is an additional
insured shown on any policy. It is intended that policies required in the Contract, covering both
OWNER and CONTRACTOR, shall be considered primary coverage as applicable.
.6 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry
Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability
Insurance is provided, it shall follow the form of the primary coverage.
.7 OWNER shall be entitled, upon request and without expense, to receive certified copies of
policies and endorsements thereto and may make any reasonable requests for deletion or
revision or modification of particular policy terms, conditions, limitations, or exclusions except
where policy provisions are established by law or regulations binding upon either of the parties
hereto or the underwriter on any such policies.
.8 OWNER reserves the right to review the insurance requirements set forth during the effective
period of this Contract and to make reasonable adjustments to insurance coverage, limits, and
exclusions when deemed necessary and prudent by OWNER based upon changes in statutory
law, court decisions, the claims history of the industry or financial condition of the insurance
company as well as CONTRACTOR.
.9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse
during the term of the Contract or as required in the Contract.
.10 CONTRACTOR shall be responsible for premiums, deductibles and self-insured retentions, if any,
stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of
Insurance.
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Page 12 General Conditions
.11 CONTRACTOR shall provide OWNER thirty (30) days written notice of erosion of the aggregate
limits below occurrence limits for all applicable coverages indicted within the Contract.
.12 If OWNER -owned property is being transported or stored off-site by CONTRACTOR, then the
appropriate property policy will be endorsed for transit and storage in an amount sufficient to
protect OWNER's property.
.13 The insurance coverages required under this contract are required minimums and are not
intended to limit the responsibility or liability of CONTRACTOR.
5.3.1.2 Business Automobile Liability Insurance.
Provide coverage for all owned, non -owned and hired vehicles. The policy shall contain the following
endorsements in favor of OWNER:
a) Waiver of Subrogation endorsement TE 2046A;
b) 30 day Notice of Cancellation endorsement TE 0202A; and
c) Additional Insured endorsement TE 9901 B.
Provide coverage in the following types and amounts:
.1 A minimum combined single limit of $500,000 per occurrence for bodily injury and property
damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury
per occurrence and at least $100,000 property damage liability each accident.
5.3.1.3 Workers' Compensation and Employers' Liability Insurance:
Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act
(Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two (2) copies of
a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person
providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance
must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance
coverage written by the Texas Workers Compensation Fund is acceptable to OWNER.
CONTRACTOR's policy shall apply to the State of Texas and include these endorsements in favor of
OWNER:
a) Waiver of Subrogation, form WC 420304; and
b) 30 day Notice of Cancellation, form WC 420601.
The minimum policy limits for Employers' Liability Insurance coverage shall be as follows:
.1 $100,000 bodily injury per accident, $500,000 bodily Injury by disease policy limit and $100,000
bodily injury by disease each employee.
5.3.1.4 Commercial General Liability Insurance.
The Policy shall contain the following provisions:
a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts
relative to this Project.
b) Completed Operations/Products Liability for the duration of the warranty period.
c) Explosion, Collapse and Underground (X, C & U) coverage.
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Page 13 General Conditions
d) Independent Contractors coverage.
e) Aggregate limits of insurance per project, endorsement CG 2503.
1)
9)
h)
OWNER listed as an additional insured, endorsement CG 2010.
30 day notice of cancellation in favor of OWNER, endorsement CG 0205.
Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404.
Provide coverages A&B with minimum limits as follows:
.1 A combined bodily injury and property damage limit of $500,000 per occurrence.
5.3.1.5 Builders' Risk Insurance.
CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical
loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER.
OWNER shall be a loss payee on the policy. If off site storage is permitted, coverage shall include
transit and storage in an amount sufficient to protect property being transported or stored.
5.4 Bonds:
5.4.1 General.
.1 Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All
bonds signed by an agent must be accompanied by a certified copy of such agent's authority to
act.
.2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent
or its right to do business is terminatedin the State of Texas or it ceases to meet the
requirements of the preceding paragraph, CONTRACTOR shall within ten (10) days thereafter
substitute another bond and surety, both of which must be acceptable to OWNER.
.3 When Performance Bonds and/or Payment Bonds are required, each shall be issued in an
amount of one hundred percent (100%) of the Contract Amount as security for the faithful
performance and/or payment of all CONTRACTOR's obligations under the Contract Documents.
Performance Bonds and Payment Bonds shall be issued by a solvent surety company authorized
to do business in the State of Texas, and shall meet any other requirements established by law or
by OWNER pursuant, to applicable law. Any surety duly authorized to do business in Texas may
write Performance and Payment Bonds on a project without reinsurance to the limit of 10 percent
of its capital and surplus. Such a surety must reinsure any obligations over 10 percent.
5.4.2 Performance Bond.
.1 If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a
Performance Bond in the form set out by OWNER.
.2 If the Contract Amount exceeds $25,000 but is Tess than or equal to $100,000, CONTRACTOR
shall furnish OWNER with a Performance Bond in the form set out by OWNER, unless the original
Contract Time Is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can
agree to the following terms and conditions for payment in lieu of providing a Performance Bond:
no money will be paid to CONTRACTOR until completion and acceptance of the Work by
OWNER; CONTRACTOR shall be entitled to receive 95% of the Contract Amount following Final
Completion, and the remaining 51s of the Contract Amount following the one year warranty period.
.3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to
furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until
00700 7-2009
Page 14 General Conditions
completion and acceptance of the Work by OWNER under the following terms and conditions:
CONTRACTOR shall be entitled to receive 95% of the Contract Amount following Final
Completion, and the remaining 5% of the Contract Amount following the one year warranty period.
.4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period.
5.4.3 Payment Bond.
.1 If the Contract Amount exceeds $25,000, CONTRACTOR shall furnish OWNER with a Payment
Bond in the form set out by OWNER.
.2 if the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to
furnish a Payment Bond; provided that no money will be paid to CONTRACTOR until completion
and acceptance of the Work by OWNER under the terms and conditions specified in paragraph
5.4.2.3.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.1 Supervision and Superintendence:
6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents,
the CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures
of construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately
with the Contract Documents.
6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times
that work is in progress. Upon request of Owners Representative, the CONTRACTOR shall present the resume
of the proposed Superintendent to Owners Representative showing evidence of experience and successful
superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's
Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she
will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced
without Written Notice to Owner's Representative. if the CONTRACTOR deems it necessary to replace. the
Superintendent, the CONTRACTOR shall provide the necessaryinformation for approval, as stated above, on the
proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the
designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to
Owner's Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the
event the Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the
CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR.
All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the
CONTRACTOR or the Superintendent shall provide an emergency and home telephone number at which one or
the other may be reached if necessary when work is not in progress.
6.2 Labor, Materials and Equipment:
6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the
type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub -subcontractors, and their
employees may not use or possess any. firearms, alcoholic or other intoxicating beverages, illegal drugs or
controlled substances while on the job or on• the OWNER's property, nor may such workers be intoxicated, or
under the influence of alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the
CONTRACTOR that any worker Is incompetent, disorderly or disobedient, has knowingly or repeatedly violated
safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs
on the job, the CONTRACTOR shall immediately remove such worker from performing Contract Work, and may
not employ such worker again on Contract Work without the OWNER's prior written consent, The CONTRACTOR
shall at alt limes maintain good discipline and order -on or off the site in all matters pertaining to the Project. The
00700 7-2009
Page 15 General Conditions
CONTRACTOR shall pay workers no less than the wage rates established in Section 00830, and maintain weekly
payroll reports as evidence thereof.
6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor,
transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing,
performance, re -testing of defective work, start-up and completion of the Work.
6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled
materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the
CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of
compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and'
equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the
Contract Documents.
6.2.4 Substitutes and "Approved Equal" Items:
6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to
establish the type, function and quality required. Unless the specification or description contains words reading
that no like, equivalent or "approved equal" item or no substitution is permitted, other items of material or
equipment of other Suppliers may be submitted to Owner's Representative under the following circumstances:
.1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an item of equipment
proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no
change in related Work will be required, it may be considered by the OWNER as an "approved equal"
item, in which case review of the proposed item may, in the OWNER's sole discretion, be
accomplished without compliance with some or all of the requirements for evaluation of proposed
substitute items. The CONTRACTOR shall provide the OWNER with the documentation required for
the OWNER to make its determination.
.2 Substitute Items: If, in the OWNER'S sole discretion, an item of material or an item of equipment
proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph
6.2.4.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit
sufficient information to allow the OWNER to determine that the item of material or item of equipment
proposed is essentially equivalent to that named and a substitute therefor.
6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or
procedure of construction is shown or indicated in and expressly required by the Contract Documents, the
CONTRACTOR may with prior approval or the OWNER furnish or utilize a substitute means, method, technique,
sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's
Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is
equivalent to that expressly called for by the Contract Documents.
6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the
sole judge of acceptability. No "approved equal" or substitute shall be ordered, installed, or utilized until the
OWNER's review is complete, which will be evidenced by either a Change Order or completion of the Shop
Drawing review procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's
expense a special performance guarantee or other surety bond with respect to any "approved equal' or substitute.
The OWNER shall not be responsible for any delay due to review time for any "approved equal" or substitute.
6.2,4.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed
"approved equal" or substitute item will be at the CONTRACTOR's expense.
6.2.5 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against _
its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing
00700 7-2009
Page 16 General Conditions
agreements. The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to
prosecute suits against Suppliers for illegal price fixing.
6.3 Progress Schedule:
Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance
with paragraph 2.6 as it may be adjusted from time to time as provided below:
.1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in
the progress schedule That will not change the Contract Times or Milestones. Such adjustments will_
conform generally to the progress schedule then in effect.
.2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones
shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be
made by a Change Order or Time Extension Request in accordance with Article 12.
6.4 Concerning Subcontractors, Suppliers and Others:
6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the
fulfillment of this Contract. The CONTRACTOR agrees not to, by Power of Attorney or otherwise, assign said
Contract without the prior written consent of the OWNER.
6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor,
Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have
reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers,
or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction
conference. Should the OWNER have objections, the OWNER will communicate such objections by Written
Notice. If the OWNER requires a change without good cause of any Subcontractor, person or organization
previously accepted by OWNER, the Contract Amount may be increased or decreased by the difference in the
cost occasioned by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR
shall not substitute any Subcontractor, person or organization that has been accepted by the OWNER, unless the
substitute has been accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor,
Supplier or other person or organization shall constitute a waiver of any right of the OWNER to reject defective
Work.
6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which
specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents
for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall
be adhered to by all Subcontractors and Sub -subcontractors as indicated in other portions of the Contract
Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and
Subcontractor or Supplier.
6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the
Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a
direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any
such Subcontractor, Supplier or other person or organization any contractual relationship between the OWNER
and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part
of the. OWNER or EIA to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or
other person or organization except as may otherwise be required by laws and regulations.
6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a
direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors,
Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate
with Owner's Representative through the CONTRACTOR.
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Page 17 General Conditions
6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control
the CONTRACTOR in dividing or delineating the Work to be performed by any specific trade.
6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made
to the CONTRACTOR not later than ten (10) Calendar Days after the CONTRACTOR's receipt of payment from
the OWNER.
6.5 Patent Fees and Royalties:
6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights
encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the
performance of the Work or the formulation or presentation of its Bid.
6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of
Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or
process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or
their duly authorized representative whether or not a particular design, device, material, or process is specified by
the OWNER.
6.5.3 The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright and shall
save the OWNER harmless from any loss or liability, direct or indirect, arising with respect to the CONTRACTOR's
process in the formulation of its bid or the performance of the Work or otherwise arising in connection therewith.
The OWNER reserves the right to provide its own defense to any suit or claim of infringement of any patent or
copyright in which event the CONTRACTOR shall indemnify and save harmless the OWNER from all costs and
expenses of such defense as well as satisfaction of all judgments entered against the OWNER.
6.5.4 The OWNER shall have the right to stop the Work and/or terminate this Agreement at any time in the
event the CONTRACTOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes
the use of any infringing design, device, material or process.
6.6 Permits, Fees:
Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for
all construction permits, licenses and fees required for prosecution of the Work.
OWNER will obtain and pay for the following permits, licenses and/or fees, if required:
.1 Site Development Permit.
.2 Building Permit(s).
.3 Texas Department of Transportation permit for work in State rights-of-way.
.4 Railroad Utility License Agreement.
6.7 Laws and Regulations:
6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing
and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither
the OWNER nor EIA shall be responsible for monitoring the CONTRACTOR's compliance with any laws and
regulations.
6.7.2 The CONTRACTOR shall plan and execute Its operations in compliance with all applicable Federal, State
and local laws and regulations, including those concerning control and abatement of water pollution and
prevention and control of air pollution.
6.7.3 If the CONTRACTOR performs any Work knowing or having reason to know that it is contrary to laws or
regulations, then the CONTRACTOR shall bear all claims, costs, losses and damages arising therefrom; however,
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it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are
in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR's
obligations under Article 3.
6.8 Taxes:
6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the
CONTRACTOR in accordance with the laws and regulations of the State of Texas.
6.8.2 The OWNER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and
is thereby exempt from payment of Sales Tax under Chapter 151.limited Use Sales, Excise and Use Tax, Texas
Tax Code, and Article 1066 (C), Local Sales and Use Tax Act, Revised Civil Statutes of Texas.
6.9 Use of Premises:
6.9.1 The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and
the operations of workers to the site and land and areas identified in and permitted by the Contract Documents
and other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not
unreasonably encumber the premises with construction equipment or other materials or equipment. The
CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim
be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall
promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding
or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, FJA's consultants
and anyone directly or indirectly employed by any of them from and against ail claims, costs, losses and damages
(including court costs and reasonable attorneys' fees) arising out of or resulting from any claim or action, legal or
equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified
hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work.
6.9.2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free
from accumulations of waste materials. rubbish and other debris resulting from the Work. At the completion of the
Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as
well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR
shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The
CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the
Contact Documents.
6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will
endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses
or pressures that will endanger it.
6.10 Record Documents:
The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one (1)
record copy of all Drawings, Specifications, Addenda, Change Orders, Change Directives, Field Orders and
written interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show
all changes made during construction. These record documents, together with all final samples and all final Shop
Drawings, will be available to the OWNER and EIA for reference during performance of the Work. Upon
Substantial Completion of the Work, these record documents, samples and Shop Drawings shall be promptly
delivered to Owner's Representative.
6.11 Safety and Protection:
6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. Upon request, and prior to installation of measures, the
CONTRACTOR shall submit a site security plan for approval by the OWNER. By reviewing the plan or making
recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of
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liability for damage, injury or Toss. The CONTRACTOR shall take all necessary precautions for the safety of and
shall provide the necessary protection to prevent damage, injury or loss to:
.1 all persons on the Work site or who may be affected by the Work;
.2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the
site; and
.3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and underground facilities not designated for removal,
relocation or replacement in the course of construction.
6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having
jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and
maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of
adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them,
and shall cooperate with them in the protection, removal, relocation and replacement of their property. All
damage, injury or loss to any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused, directly or
indirectly, in whole or in part, by the CONTRACTOR, Subcontractor, Supplier or any person or organization directly
or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them
may be liable, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of
Drawings or Specifications or to the acts or omissions of the OWNER, or EIA, or E/As consultant or anyone
employed by any of them or anyone whose acts any of them may be liable, and not attributable, directly or
indirectly, in whole or in part, to the faults or negligence of the CONTRACTOR or any Subcontractor, Supplier or
other person or organization directly or indirectly employed by any of them). The CONTRACTOR's duties and
responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed
and Owner's Representative has issued a notice to the OWNER and the CONTRACTOR in accordance with
Article 14 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial
Completion).
6.11.3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety
representative at the site whose duties and responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and programs. Upon request of the OWNER, the
CONTRACTOR shall provide certifications or other documentation of the safety representative's qualifications.
6.11.4 Hazard Communication Programs: The CONTRACTOR shall be responsible for coordinating any
exchange of material safety data sheets or other hazard communication information required to be made available
to or exchanged between or among employers at the site in accordance with laws and regulations.
6.11.5 Emergencies:
6.11.5.1 in emergencies affecting the safety or protection of persons or the Work at the site or adjacent
thereto, the CONTRACTOR, without special instruction or authorization from the OWNER or EIA, is obligated to
act reasonably to prevent threatened damage, injury or loss and to mitigate damage or loss to the Work. The
CONTRACTOR shall give Owner's Representative prompt written notice if the CONTRACTOR believes that any
significant changes in the Work or variations from the Contract Documents have been caused thereby. If Owner's
Representative determines that a change in the Contract Documents is required because of the action taken by
the CONTRACTOR in response to such an emergency, a Change Directive or Change Order will be issued to
document the consequences of such action; otherwise the OWNER will not be responsible for the
CONTRACTOR's emergency action.
6.11.5.2 Authorized agents of the CONTRACTOR shall respond immediately to call -out at any time of any day
or night when circumstances warrant the presence on Project site of the CONTRACTOR or its agent to protect the
Work or adjacent property From damage, restriction or limitation or to take such action or measures pertaining to
the Work as may be necessary to provide for the safety of the public. Should the CONTRACTOR and/or its agent
fail to respond and take action to alleviate such an emergency situation, the OWNER may direct other forces to
take action as necessary to remedy the emergency condition, and the OWNER will deduct any cost of such
remedial action from the funds due to the CONTRACTOR under this Contract.
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6.11.5.3 In the event there is an accident involving injury to any individual on or near the Work, the
CONTRACTOR shall notify Owner's Representative within twenty-four (24) hours of the event and shall be
responsible for recording the location of the event and the circumstances surrounding the event through
photographs, interviewing witnesses, obtaining medical reports and other documentation that describes the event.
Copies of such documentation shall be provided to Owner's Representative, for the OWNER's and E/A's records,
within forty-eight (48) hours of the event.
6.12 Continuing the Work:
The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or
disagreements, except as the OWNER and the CONTRACTOR may agree in writing.
6.13 CONTRACTOR's General Warranty and Guarantee:
6.13.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in a good
and workmanlike manner in accordance with the Contract Documents and will not be defective. The
CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by:
.1 abuse, modification or improper maintenance or operation by persons other than the CONTRACTOR,
Subcontractors or Suppliers; or
.2 normal wear and tear under normal usage.
6.13.2 The CONTRACTOR'S obligation to perform and complete the Work in a good and workmanlike manner in
accordance with the Contract Documents shall be absolute. None of the following will constitute acceptance of
Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform
the Work in accordance with the Contract Documents:
.1 observations by Owner's Representative and/or EIA;
.2 recommendation of any progress or final payment by Owner's Representative;
.3 the issuance of a certificate of Substantial Completion or any payment by the OWNER to the
CONTRACTOR under the Contract Documents;
.4 use or occupancy of the Work or any part thereof by the OWNER;
.5 any acceptance by the OWNER or any failure to do so;
.6 any review of a Shop Drawing or sample submittal;
.7 any inspection, test or approval by others; or
.8 any correction of defective Work by the OWNER.
6.14 Indemnification:
6.14.1 The CONTRACTOR shall defend, indemnify and hold harmless the OWNER, E/A, E/A's consultants and
subconsultants and their respective officers, directors, partners, employees, agents and other consultants and any
of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges
of engineers, architects, attorneys and other professionals and all court or other dispute resolution costs) arising
out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage:
.1 is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than the Work itself), including the loss of use resulting therefrom, and
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.2 is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any
Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless
of whether or not caused in part by any negligence or omission of a person or entity indemnified
hereunder or whether liability is imposed upon such indemnified party by laws and regulations
regardless of the negligence of any such person or entity.
6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on
the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such
Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts
or other employee benefit acts.
6.14.3 The obligations of the CONTRACTOR under paragraph 6.14.1 shall not extend to the liability of the
OWNER, E/A, E/A's consultants, and their officers, directors, partners, employees or agents caused primarily by
negligent preparation of maps, drawings, surveys, designs or specifications upon which is placed the applicable
state -authorized design professional seal of the OWNER's, E/A's or E/A's consultant's officers, directors, partners,
employees or agents.
6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site,
scheduling or course of construction, or engages in other conduct which proximately causes damage to property
based on inverse condemnation or otherwise, then and in that event, the CONTRACTOR shall indemnify the
OWNER against all costs resulting from such claims.
6.14.5 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the
site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the
OWNER for such loss.
6.15 Survival of Obligations:
All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with
the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive
final payment, completion and acceptance of the Work and termination or completion of the Agreement.
6.16 Losses from Natural Causes:
Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be
done or from action of the elements, floods or from unforeseeable circumstances in prosecution of the Work or
from unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained
and borne by the CONTRACTOR at its own cost and expense.
6.17 Notice of Claim:
Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of
the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable, a
Claim will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or
damage. The provisions of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the
provisions of any applicable statute of limitations or statute of repose.
6.18 Liquidated Damages:
At set forth in the Agreement, paragraph 1.2, the CONTRACTOR or its Surety shall be liable for Liquidated
Damages for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract
Time. See Supplemental Conditions for amount of Liquidated Damages.
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ARTICLE 7 - OTHER WORK
7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let
other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay
or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as
provided in Article 11 or Article 12.
7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility
owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper
and safe access to the site and a reasonable opportunity for the introduction and storage of materials and
equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs.
Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting; fitting and patching
of the Work that may be required to make its several parts come together properly andintegrate with such other
work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their
work and will only cut or alter their work with the written consent of Owner's Representative and the other
contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage wrongfully caused
by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate
contractors.
7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed
by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's
Representative in writing any decays, defects or deficiencies in such other work that render it unavailable or
unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to
report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's
Work except for latent or non -apparent defects and deficiencies in such other work.
7.4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each
separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR
shall participate with other separate contractors and Owner's Representative in reviewing their construction
schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule
deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute
the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently
revised.
7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective
construction shall be borne by the party responsible therefor.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's
Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall
issue all communications to the CONTRACTOR through Owner's Representative.
8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the
CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety
precautions and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR
to comply with laws and regulations applicable to furnishing or performing the Work. The OWNER is not
responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract
Documents. Failure or omission of the OWNER to discover, or object to or condemn any defective Work or
material shall not release the CONTRACTOR from the obligation to properly and fully perform the Contract.
8.3 The OWNER is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor,
any Supplier, or of any other person or organization performing or furnishing any of the Work.
8.4 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable
promptness to avoid decay in the orderly progress of the Work.
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8.5 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and
especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference
Points), Article 7 (Other Work) and Article 14 (Payments to the CONTRACTOR and Completion).
8.6 Notice of Claim:
Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the
CONTRACTOR or of any 'of the CONTRACTOR'S employees or agents or others for whose acts the
CONTRACTOR is liable, a Claim will be made to the other party within thirty (30) calendar days of the event giving
rise to such injury or damage. The provisions of this paragraph 8.6 shall not be construed as a substitute for or a
waiver of the provisions of any applicable statute of limitations or statute of repose.
ARTICLE 9 - ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION
9.1 EIA's Authority and Responsibilities:
9.1.1 The duties and responsibilities and the limitations of authority of EIA during construction are set forth in
the Contract Documents and shall not be extended without written consent of the OWNER and E/A. The
assignment of any authority, duties or responsibilities to E/A under the Contract Documents, or under any
agreement between the OWNER and E/A, or any undertaking, exercise or performance thereof by EIA, is
intended to be for the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR,
Subcontractor, Sub -subcontractor, Supplier, or any other person or organization, or for any surety or employee or
agent of any of them.
9.1.2 EIA will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's
means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs
incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations
applicable to the furnishing or performing the Work. E/A is not responsible for the CONTRACTOR's failure to
perform or furnish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover,
or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to
properly and fully perform the Contract.
9.1.3 FJA is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any
Supplier, or of any other person or organization performing or furnishing any of the Work.
9.1.4 If the OWNER so directs, EIA will review the final Application for Payment and accompanying
documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of
inspection, tests and approvals and other documentation required to be delivered by Article 14, but only to
determine generally that their content complies with the requirements of, and in the case of certificates of
inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents.
9.1.5 The limitations upon authority and responsibility set forth In this paragraph 9.1 shall also apply to E/A's
Consultants, Resident Project Representative and assistants.
9.2 EIA as Owner's Representative:
9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1.
9.3 Visits to Site:
If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of
construction as is necessary in order to observe as an experienced and qualified design professional the progress
that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on
information obtained during such visits and observations, E/A will endeavor for the benefit of the OWNER to
determine if the Work is proceeding in accordance with the Contract Documents. EIA will not be required to make
exhaustive or continuous an -site inspections to check the quality or. quantity of the Work. E/A's efforts will be
directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to
00700 7-2009
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the Contract Documents. On the basis of such visits and on-site observation's, E/A will keep the OWNER
informed of the progress of the Work and will endeavor to guard the OWNER against defective Work. E/A's visits
and on-site observations are subject to all the limitations on EIAs authority and responsibility set forth in paragraph
9.1.
9.4 Project Representative:
If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more
continuous observation of the Work. The responsibilities and authority and limitations of any such Resident
Project Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General
Conditions. The OWNER may designate another representative or agent to represent the OWNER at tie site who
is not E/A, E/A's consultant, agent or employee.
9.5 Clarifications and Interpretations:
E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in
the form of drawings_ or otherwise) are necessary. Such written clarifications or interpretations will be consistent
with the intent of and reasonably inferable from the Contract Documents, will be issued with reasonable
promptness by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the
OWNER or the CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the
Contract Amount or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as
provided in Article 11 or Article 12.
9.6 Rejecting Defective Work:
E/A will recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes
will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the
design concept of the completed Project as a functioning whole as indicated by the Contract Documents.
ARTICLE 10 - CHANGES IN THE WORK
10.1 Changes:
10.1.1 Without invalidating the Contract and without notice to any surety, the OWNER may, at any time or from
time to time, order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by
Change Order, Change Directive or Field Order.
10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the
CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or
Field Order.
10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the
Contract Times with respect to any Work performed that is not required by the Contract Documents as amended,
modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an
emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4.
10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change Order or Change
Directive is required before the CONTRACTOR commences any activities associated with a change in the Work
which, in the CONTRACTOR 's opinion, will result in a change in the Contract Amount and/or Contract Times.
10.1.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Amount or Contract Times) is required by the provisions of any
Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR'S responsibility, and the
amount of each applicable Bond will be adjusted accordingly.
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10.2 Change Orders:
10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Amount, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the
Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence
or event causing the change in the Work encompassed by the Change Order.
10.3 Change Directives:
10.3.1 The OWNER may by written Change Directive, without invalidating the Contract, order changes in the
Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract
Amount and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of
complete and prompt agreement on the terms of a Change Order.
10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based
on the method provided for in paragraph 11.5.
10.3.3 A Change Directive shall be recorded later by preparation and execution of an appropriate Change Order.
10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work
involved.
10.4 Field Order:
10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible
with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.
These shall be accomplished by written Field Order and shall be binding on the OWNER and on the
CONTRACTOR who shall perform the Work involved promptly.
10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount
and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change
Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be
made in writing prior to beginning the work covered by the Field Order.
10.5 No Damages for Delay:
The CONTRACTOR shall receive no compensation for delays or hindrances to the Work. If delay is caused by
specific orders given by the OWNER to stop work or by performance of extra Work or by failure of the OWNER to
provide information, access to the work, material or necessary instructions for carrying on the Work, then such
delay will entitle the CONTRACTOR to an equivalent extension of time, the CONTRACTOR's application for which
shall, however, be subject to approval of the OWNER. No such extension of time shall release the
CONTRACTOR or surety on its performance bond from all the CONTRACTOR's obligations hereunder which
shall remain In full force until discharge of the Contract.
ARTICLE 11 - CHANGE OF CONTRACT AMOUNT
11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total
amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract
Documents.
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11.2 The original Contract Amount may not be increased by more than twenty-five percent (25%) and it may
not be decreased more than twenty-five percent (25%) without the consent of the CONTRACTOR to such
decrease.
11,3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the
Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party
promptly (but in no event later than thirty (30) calendar days) after the start of the occurrence or event giving rise
to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data
shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall
represent That the adjustment claimed covers all known amounts to which claimant is entitled as a result of said
occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in
the Contract Amount shall be determined as set out in Article 16.
11.4 Determination of Value of Work:
11.4.1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract
Amount will be determined by one or more of the following methods:
.1 by application of unit prices contained in the Contract Documents to the quantities of the items
involved.
.2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to
permit evaluation.
.3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit (determined as
provided in paragraph 11.5).
11.4.2 Before using the method described in paragraph 11.4.1.3, the OWNER and the CONTRACTOR agree to
negotiate a Change Order using the methods identified in paragraph 11.4.1.1 and paragraph 11.4.1.2, as
appropriate, to determine the adjustment in the Contract Amount.
11.5 Cost of Work:
If neither of the methods defined in paragraph 11.4.1.1 or paragraph 11.4.1.2 can be agreed upon before a
change in the Work is commenced which will result in an adjustment in the Contract Amount, then the change in
the Work will be performed by Change Directive and payment will be made as follows:
.1 For all personnel, the CONTRACTOR will receive the rate or wage specified in the prevailing wage
rates established in Section 00830 for each hour that said personnel are actually engaged in such
Work, to which will be added an amount equal to twenty-five percent (25%) of the sum thereof as
compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit.
No separate charge will be made by the CONTRACTOR for organization or overhead expenses. For
the cost of premiums on public liability insurance, workers' compensation insurance, social security
and unemployment insurance, an amount equal to fifty-five percent (55%) of the wages paid
personnel, excluding the twenty-five (25%) compensation provided above, will be paid to the
CONTRACTOR. The actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid
based on invoices from surety. No charge for superintendence will be made unless considered
necessary and ordered by the OWNER.
.2 The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on
such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as
compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. In
case material invoices indicate a discount may be taken, the actual cost will be the invoice price minus
the discount.
.3 For machinery, trucks, power tools, or other similar equipment agreed to be necessary by the
OWNER and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given In the
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latest edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide"
as published by Dataquest for each hour that said tools or equipment are in use on such work, which
rate includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on
the equipment for the CONTRACTOR's overhead and profit.
.4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected
Subcontractor as payment in full for work done by Change Directive and will include use of small tools,
and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall
compare records of work done by Change Directive at the end of each day. Copies of these records
will be made upon forms provided for this purpose by the OWNER and signed by both Owner's
Representative and the CONTRACTOR, with one (1) copy being retained by the OWNER and one (1)
by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records within two (2) working
days of presentation does not invalidate the accuracy of the record.
11.6 Unit Price Work:
11.8.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the
Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established
unit price for each separately identified item of unit price work times the estimated quantity of each item as
indicated in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities
and classifications of unit price work performed by the CONTRACTOR will be made by Owner's Representative.
Owner's Representative will review with the CONTRACTOR the preliminary determinations on such matters
before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise).
11.6.2 When "plan quantity" is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in
the Contract Documents without any measurements.
11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to
cover the CONTRACTOR's overhead and profit for each separately identified item.
11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five
percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid
quantities and Contract unit prices
11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in
accordance with Article 11 if:
.1 the actual quantity of any Major Item should become as much as twenty percent (20%) more than or
twenty percent (20%) less than in the Bid; or
.2 The CONTRACTOR presents proper documentation contesting the accuracy of "plan quantity," and
Owner's Representative verifies quantity and determines original quantity is in error by five percent
(5%) or more.
11.6.6 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the
OWNER shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness
of the pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the
CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate,
incomplete, not current or not in compliance with the terms of this Agreement regarding pricing of change orders,
then an appropriate contract price reduction will be made.
11.6.7 Pricing Information Requirements: The CONTRACTOR agreesto provide and require all subcontractors
to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information
will be used to evaluate the potential cost of labor and labor burden related to change order work. It is Intended
that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost
components.., This information is not intended to establish fixed billing or change order pricing labor rates.
However, at the time change orders are priced the submitted cost data for labor rates may be used to price
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change order work. The accuracy of any such agreed-upon labor cost components used to price change orders
will be subject to later audit. Approved change order amounts may be adjusted later to correct the impact of
inaccurate labor cost components if the agreed-upon labor cost components are determined to be inaccurate.
ARTICLE 12 - CHANGE OF CONTRACT TIMES
12.1 Working Day and Calendar Day Contracts:
12.1.1 The. Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request
duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the
Contract Times (or Milestones) shall be made by Written Notice delivered by the party making the Claim to the
other party promptly (but in no event later than thirty (30) calendar days) after the start of the occurrence or event
giving rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with
supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by
claimant, and shall represent that the adjustment claimed is the entire adjustment to which claimant Is entitled as a
result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for
adjustment in the Contract Times (or Milestones) shall be determined as set out in Article 16. No Claim for an
adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements
of this paragraph.
12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can
be made by the CONTRACTOR, then no extension in time will be allowed.
12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times
(or Milestones) due to delay not caused by the CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such delay shall be the CONTRACTOR's sole and
exclusive remedy for such delay. However, adverse weather shall not be considered justification for extension of
Contract Times on Calendar Day contracts except as provided for in paragraph 12.2.
12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of
time because of:
.1 Changes ordered in the work which justify additional time.
.2 Failure of materials or products being at the Project site due to delays in transportation or failures of
Suppliers, which are not the result of the CONTRACTOR's, Subcontractor's or Supplier's negligence.
The request for an extension of time shall be supported by a recitation of acts demonstrating that such
delays were beyond the control of the CONTRACTOR, including but not limited to, the
CONTRACTOR's efforts to overcome such delays documented as follows:
a) Copy of purchase order for delayed item(s) indicating date ordered by the
CONTRACTOR/Subcontractor and date purchase order received by Supplier.
b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract
Documents, provide record of date submittal(s) forwarded to Owner's Representative, date
submittal(s) returned to the CONTRACTOR, and date submittal(s) forwarded to Supplier.
c) Copy of document(s) from Supplier, on Supplier's letterhead, indicating date(s) item(s) would be
ready for shipment and/or actual shipment date(s).
d) Copies of alt correspondence between the CONTRACTOR/ Subcontractor and Supplier indicating
the CONTRACTOR/ Subcontractor's efforts to expedite item(s)..
e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence,
and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery
of the item(s).
.3 When acts of the OWNER, E/A, utility owners or other contractors employed by the OWNER delay
progress of work through no fault of the CONTRACTOR.
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.4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other
unavoidable cause or causes beyond the CONTRACTORS control.
12.2 Calendar Day Contracts:
Under a Calendar Day Contract, the CONTRACTOR may also be granted an extension of time because of
unusual inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties,
Texas area. Normal weather which prevents the CONTRACTOR from performing Work is expected during a
Calendar Day Contract, and is no a justification for an extension of time. The following delineates the number of
days per month for which, for purposes of Calendar Day Contracts, expected normal weather will prevent
performance of Work:
January 7 days
February 7 days
March 7 days
April 7 days
May 8 days
June 6 days
July 6 days
August 5 days
September 7 days
October 7 days
November 7 days
December 7 days
Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in
accordance with paragraph 12.1.1 and meets the following definition: a "Rain Day" is any day in which a weather
event occurs at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to
maintaining the project schedule.
ARTICLE 13 - TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK
13.1 Notice of Defects:
Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge will be given to the
CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13.
13.2 Access to Work:
The OWNER, E/A, E/A's Consultants, other representatives and personnel of the OWNER, independent testing
laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site
for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such
access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply
therewith as applicable.
13.3 Tests and Inspections:
13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or
approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.
13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all
inspections, tests or approvals required by the Contract Documents except:
.1 for inspections, tests or approvals covered by paragraph 13.3.3 below;
.2 for reinspecting or retesting defective Work; and
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, .3 as otherwise specifically provided in the Contract Documents.
All testing laboratories shall be those selected by the OWNER.
13.3.3 If laws or regulations of any public body having jurisdiction require any Work (or part thereof) specifically to
be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR
shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in
connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The
CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any
inspections, tests or approvals required for the OWNER's and E/A's review of materials or equipment to be
incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the
CONTRACTOR's purchase thereof for incorporation in the Work.
13.4 Uncovering Work:
13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the
CONTRACTOR without concurrence of Owner's Representative, or if any Work is covered contrary to the written
request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered
at the CONTRACTOR's expense.
13.4.2 If Owner's Representative considers it necessary or advisable that covered Work be observed, inspected
or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or
testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found
that such Work is defective, the CONTRACTOR shall pay all claims, costs, losses and damages caused by,
arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory
replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and
the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor
as provided in Article 11. If, however, such Work is not found to be defective, the CONTRACTOR shall be allowed
an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly
attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and
the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12.
13.5 OWNER May Stop the Work:
13.5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform
to the Contract Documents, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof,
until the cause for such order has been eliminated; however, this right of the OWNER to stop the Work shall not
give rise to any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any
surety or other party.
13.5.2 If the CONTRACTOR persistently fails to correct defective Work or submit a satisfactory plan to take
corrective action, with procedure and time schedule, the OWNER may order the CONTRACTOR to stop the Work,
or any portion thereof, until cause for such order has been eliminated, or take any other action permitted by this
Contract. A notice to stop the Work, based on defects, shall not stop calendar or working days charged to the
Project.
13.6 Correction or Removal of Defective Work:
If required by the OWNER, the CONTRACTOR shall promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative,
remove it from the site and replace it with Work that is not defective. The CONTRACTOR shall correct or remove
and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the
time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and
damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or
replacement of work of others).
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13.7 Warranty period:
13.7.1 If, at any time after the date of Substantial Completion or such longer period of lime as may be prescribed
by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or
by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall
promptly, without cost to the OWNER and in accordance with the OWNER's written instructions:
(i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and
replace it with Work that is not defective, and
(ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting
therefrom.
If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage, the OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such
removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be
paid by the CONTRACTOR.
13.7.2 In special circumstances where a particular item of equipment Is placed in continuous service before
Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so
provided in the Contract Documents.
13.8 OWNER May Correct Defective Work:
If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work,
or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the
Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents,
the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any
such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this
seven (7) calendar day period to correct the deficiency, the OWNER may exercise any actions necessary to
remedy the deficiency. In exercising the rights and remedies under this paragraph, the OWNER shall proceed
expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the
CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the
CONTRACTOR's services related thereto, and incorporate in the Work all materials and equipment stored at the
site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR
shall allow the OWNER, its agents and employees, the OWNER's other contractors, E/A and E/A's consultants
access to the site to enable the OWNER to exercise the rights and remedies under this paragraph. All claims,
costs, losses and damages incurred or sustained by the OWNER in exercising such rights and remedies will be
charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work. Such claims, costs, losses and damages will include but not be
limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or
replacement of the CONTRACTOR's .defective Work. The CONTRACTOR shall not be allowed an extension of
the Contract Times (or Milestones), or claims of damage because of any delay in the performance of the Work
attributable to the exercise by the OWNER of the OWNER's rights and remedies hereunder.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
14.1 Application for Progress Payment:
14.1.1 Not more than once per month, the CONTRACTOR shall submit to Owner's Representative for review an
Application for Payment, in a form acceptable to the OWNER, filled out and signed by the CONTRACTOR
covering the Work completed as of the date of the Application and accompanied by such supporting
documentation as is required by the Contract Documents.
14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have
been properly authorized by Change Directives but not yet included in Change Orders.
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14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend
to pay to a Subcontractor or Supplier because of a dispute or other reason.
14.1.4 Owner will not pay for materials or equipment not incorporated in the work but delivered and suitably
stored at the site or at another location. Payment will be made by Owner only for work completed in accordance
with the plans and contract documents.
14.1.5 Where the original Contract Amount is less than 5400,000, the OWNER will pay to the CONTRACTOR
the total amount of approved Application for Payment, less ten percent (10%) of the amount thereof, which ten
percent (10%) will be retained until final payment, less all previous payments and less alt sums that may be
retained by the OWNER under the terms of this Agreement. Where the original Contract Amount is 5400,000 or
more, the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less five
percent (5%) of the amount thereof, which five percent (5%) will be retained until flnal payment, less all previous
payments and less all sums that may be retained by the OWNER under the terms of this Agreement. In either
case, if the Work is near completion and delay occurs due to no fault or neglect of the CONTRACTOR, the
OWNER may pay a portion of the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's
option, may be relieved of the obligation to complete the Work and, thereupon, the CONTRACTOR shall receive
payment of the balance due under the Contract subject to the conditions stated under paragraph 15.2.
14.1.6 Applications for Payment shall include the following documentation:
.1 updated progress schedule;
.2 monthly subcontractor report; and
.3 any other documentation required under the Supplemental General Conditions.
14.2 CONTRACTOR's Warranty of Title:
The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to the OWNER not later than the time
of payment to the CONTRACTOR free and clear of all liens.
14.3 Review of Applications for Progress Payment:
14.3.1 Owner's Representative will, within seven (7) calendar days after receipt of each Application for Payment,
either indicate a recommendation for payment and forward the Application for processing by the OWNER, or
return the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to
recommend payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit
the Application.
14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will
constitute a representation by Owner's Representative, based upon Owner's Representative's on-site observations
of the executed Work and on Owner's Representative's review of the Application for Payment and the
accompanying data and schedules, that to the best of Owner's Representative's knowledge, information and
belief:
.1 the Work has progressed to the point indicated; and
.2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the
Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent
tests called for in the Contract Documents, to a final determination of quantities and classifications for
unit price Work, and to any other qualifications stated in the recommendation).
14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have
represented that:
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.1 exhaustive or continuous on-site inspections have been made to check the quality or the quantity of
the Work;
.2 examination has been made to ascertain how or for what purpose the CONTRACTOR has used
money previously paid on account of the Contract Amount;
.3 the CONTRACTOR's construction means, methods, techniques, sequences or procedures have been
reviewed; or
.4 that there may not be other matters or issues between the parties that might entitle the
CONTRACTOR to be paid additionally by the OWNER or entitle the OWNER to withhold payment to
the CONTRACTOR.
14.4 Decisions to Withhold Payment:
14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary
on account of:
.1 defective Work not remedied;
.2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract
Amount;
.3 damage to the OWNER or another contractor;
.4 reasonable evidence that the Work will not be completed within the Contract Time, and that the
unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated
delay;
.5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract
Documents;
.6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract
Documents;
.7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the
Contract Documents;
.8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents;
.9 failure of the CONTRACTOR to maintain weekly payroll reports;
.10 failure of the CONTRACTOR 10 submit monthly subcontractor reports;
.11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up;
or
.12 failure of the CONTRACTOR to comply with any provision of the Contract Documents.
14.4.2 When the above reasons for withholding payment are removed, the CONTRACTOR shall resubmit a
statement for the value of Work performed. Payment will be made within thirty (30) calendar days of receipt of
approved Application for Payment.
14.5 Delayed Payments:
Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment
within thirty (30) calendar days after the day on which the OWNER received the mutually acceptable Application
for Payment, then the OWNER will pay to the CONTRACTOR. in addition to the sum shown as due by such
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Page 34 General Conditions
Application for Payment, interest thereon at the rate of one percent (1%) per month from date due until fully paid,
which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment.
14.6 Arrears:
No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever, to any person, firm
or corporation who is in arrears to the OWNER; and the OWNER shall be entitled to counterclaim and offset
against any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim,
demand or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and
interest if applicable, against the same.
14.7 Substantial Completion:
14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said
certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the
CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is
substantially complete, the CONTRACTOR shall notify Owner's Representative and request a determination as to
whether the Work or designated portion thereof is substantially complete. If Owner's Representative does not
consider the Work substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons
therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to
complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by
Owner's Representative, the CONTRACTOR shall then submit another request for Owner's Representative to
determine substantial completion. If Owner's Representative considers the Work substantially complete, Owner's
Representative will prepare and deliver a certificate of Substantial Completion which shall establish the date of
Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, shall
establish the time within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of
the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and
insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to
complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be
signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in
such certificate.
14.7.2 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of
Substantial Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct
items on the punch list.
14.8 Partial Utilization:
The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or
partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's
exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part
of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's
exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work
in accordance with the Contract Documents.
14,9 Final inspection:
Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete,
Owner's Representative will make a final inspectionwith the CONTRACTOR and provide Written Notice of ail
particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall
immediately take such measures as are necessary to complete such Work or remedy such deficiencies.
14.10 Final Application for Payment:
The CONTRACTOR may make application for final payment following the procedure for progress payments after
the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and
delivered the following documents:
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.1 Three (3) complete operating and maintenance manuals, each containing maintenance and operating
instructions, schedules, guarantees, and other documentation required by the Contract Documents;
.2 Record documents (as provided in paragraph 6.10);
.3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective
releases or waivers (satisfactory to the OWNER) of all claims arising out of or riled in connection with
the Work;
.4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in
force after final payment and through any warranty period;
.5 Non -Use of Asbestos Affidavit (After Construction); and
.6 Any other documentation called for in the Contract Documents.
14.11 Final Payment and Acceptance:
14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final
Application for Payment and accompanying documentation as required by the Contract Documents, Owner's
Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under
the Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for
Payment and thereby notify the OWNER, who will pay to the CONTRACTOR the balance due the
CONTRACTOR under the terms of the Contract.
14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final
acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period.
14.11,3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives
negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any
financial institution for its monetary return.
14.12 Waiver of Claims:
The making and acceptance of final payment will constitute:
.1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled
claims, from defective Work appearing after final inspection, from failure to comply with the Contract
Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing
obligations under the Contract Documents; and
.2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in
writing and still unsettled.
ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION
15.1 OWNER May Suspend Work Without Cause and for Convenience:
At any time and without cause and for convenience, the OWNER may suspend the Work or any portion thereof for
a period of not more than ninety (90) calendar days by written agreement or by Written Notice to the
CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the
Work on the date so fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an
extension of the Contract Times, or both, directly attributable to any such suspension if the CONTRACTOR makes
an approved Claim therefor as provided in Article 11 and Article 12.
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15.2 OWNER May Terminate Without Cause:
Upon seven (7) calendar days' Written Notice to the CONTRACTOR, the OWNER may, without cause and without
prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the
CONTRACTOR shall be paid (without duplication of any items):
.1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the
effective date of termination;
.2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and
others. The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and
others to mitigate the OWNER's cost; and
.3 for anticipated profits on entire Contract not previously paid.
15.3 OWNER May Terminate With Cause:
15.3.1 Upon the occurrence of any one or more of the following events:
.1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract
Documents;
.2. if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction;
.3 if the CONTRACTOR disregards the authority of Owner's Representative;
.4 if the CONTRACTOR makes fraudulent statements;
.5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the
Contract Time;
.6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the
Contract; or
.7 if the CONTRACTOR otherwise violates in any substantial way any provisions of the Contract
Documents;
The OWNER may, after giving the CONTRACTOR (and the surety, if any) seven (7) calendar days' Written Notice
terminate the services of the CONTRACTOR. The OWNER. at its option, may proceed with negotiation with
surety for completion of the Work, Alternatively, the OWNER may under these circumstances exclude the
CONTRACTOR from the site and take possession of the Work (without liability to the CONTRACTOR for trespass
or conversion), incorporate In the Work all materials and equipment stored at the site or for which the OWNER
has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the OWNER may deem
expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is
finished. It the unpaid balance of the Contract Amount exceeds all claims, costs, losses and damages sustained
by the OWNER arising out of or resulting from completing the Work, such excess will be paid to the
CONTRACTOR. If such claims, costs, losses and damage exceed such unpaid balance, the CONTRACTOR or
surety shall pay the difference to the OWNER.
15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not
affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may
thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release
the CONTRACTOR from liability. In the event the OWNER terminates the Contract with cause, the OWNER may
reject any and all bids submitted by the CONTRACTOR for up to three (3) years.
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15.4 CONTRACTOR May Stop Work or Terminate:
If through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety (90)
calendar days by the OWNER or under an order of court or other public authority, or (except during disputes)
Owner's Representative fails to forward for processing any mutually acceptable Application for Payment within
thirty (30) calendar days after it is submitted, or (except during disputes) the OWNER fails for sixty (60) calendar
days after it is submitted to pay the CONTRACTOR any sum finallydetermined by the OWNER to be due, then
the CONTRACTOR may, upon seven (7) calendar days' Written Notice to the OWNER, and provided the
OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from
the OWNER payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and
without prejudice to any other right or remedy, if (except during. disputes) Owner's Representative has failed to
forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is
submitted, or (except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to
pay the CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon
seven (7) calendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the
CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the
CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or
Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work
as permitted by this paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.1 Filing of Claims:
16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4.1, 4.2.2, 4.2.4, 6.4.2, 6.11.5.2, 6.17,
7.5, 8.8, 9.5, 10.4.2, 13.8, 15.1, 15.2, 15.3, or 15.4, or other occurrences or events, shall be made by Written
Notice delivered by the party .making the Claim to the other party within thirty (30) calendar days after the start of
the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount
of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is
delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant
is entitled.
16.1.2 Within thirty (30) calendar days of receipt of notice of the amount of the Claim with supporting data,
Owner's Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of
settlement or notification of no settlement offer will be made to claimant. If claimant is not satisfied with the
proposal presented, claimant shall have thirty (30) calendar days in which to:
.1 submit additional supporting data requested by the other party;
.2 modify the initial Claim; or
.3 request Alternative Dispute Resolution.
16.2 Alternative Dispute Resolution:
16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing
any other available remedies. The OWNER reserves the right to include E/A as a party.
16.2.2 Negotiating with Previously Uninvolved•Personnel: Either party may make a written request for a meeting
to be held between representatives of each party within fourteen (14) calendar days of the request or such later
period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously
uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of
this and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations
shall be concluded within thirty (30) calendar days of the first meeting, unless mutually agreed otherwise. This
step may be waived by written agreement of both parties, in which event the parties may proceed directly to
mediation as described below.
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16.2.3 Mediation:
16.2.3.1 If the procedure described In paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms,
the parties shall initiate the mediation process. The parties agree to select within thirty (30) calendar days one (1)
mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR
agree to act in good Faith in the selection of the mediator and to give consideration to qualified individuals
nominated to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person
who also is trained in the subject matter of the dispute and/or a contract interpretation expert.
16.2.3.2 Mediation is a forum in which an impartial person, the mediator, facilitates communication between
parties to promote reconciliation, settlement, or understanding among them. The parties hereby agree that
mediation, at a minimum, shall provide for 1) conducting an on-site investigation, if appropriate, by the mediator for
Fact -gathering purposes, 2) a meeting of all parties for the exchange of points of view and 3) separate meetings
between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties
agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation
session, unless mutually agreed otherwise. Should the parties fail to reach a resolution of the dispute through
mediation, then each party is released to pursue other remedies available to them.
ARTICLE 17 — RIGHT TO AUDIT
17.1 Right to Audit:
Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the
CONTRACTOR's "records' shall upon reasonable notice be open to inspection and subject to audit and/or
reproduction during normal business working hours. The OWNER's representative, or an outside representative
engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this
Agreement for four (4) years from the date of final payment under this Agreement, or until pending litigation has
been completely and fully resolved, whichever occurs later.
17.1.1 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term
"records" as referred to herein shall include any and all information, materials and data of every kind and
character, including without limitation records, books, papers, documents, contracts, schedules, commitments,
arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other
agreements, sources of information and matters that may, in the OWNER's judgment, have any bearing on or
pertain to any matters, rights, duties or obligations under or covered by any contract document. Such records
shall include (hard copy, as well as computer -readable data if it can be made available), written policies and
procedures, time sheets, payroll registers, cancelled checks, personnel file data, correspondence, general ledger
entries, and any other record in the CONTRACTOR's possession which may have a bearing on matters of interest
to the OWNER in connection with the CONTRACTOR's dealings with the OWNER (all of the foregoing are
hereinafter referred to as "records"). In addition, the CONTRACTOR shall permit interviews of employees as well
as agents, representatives, vendors, subcontractors and other third parties paid by the CONTRACTOR to the
extent necessary to adequately permit evaluation and verification of the following:
a) The CONTRACTOR's compliance with contract requirements;
b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and
c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract
termination.
17.1.2 The CONTRACTOR shall require all payees (examples of payees include subcontractors, insurance
agents, material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof
in a written agreement between the CONTRACTOR and payee. Such requirements include a flow -down right of
audit provision in contracts with payees that also apply to subcontractors and sub -subcontractors, material
suppliers, etc. The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the
CONTRACTOR's subcontractors to cooperate fully in furnishing or in making available to the OWNER from time
to time whenever requested, in an expeditious manner, any and all such information, materials, and data.
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17.1.3 The OWNER'S authorized representative or designee shall have reasonable access to the
CONTRACTOR's facilities, shall be allowed to interview all current or former employees to discuss matters
pertinent to the performance of this Agreement, and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with this Article 17.
17.1.4 If an audit inspection or examination In accordance with this Article 17 discloses overpricing or
overcharges of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent (.5%) of the
total contract billings, then the reasonable actual cost of the OWNER's audit shall be reimbursed to the OWNER
by the CONTRACTOR. Any adjustments andlor payments, which must be made as a result of any such audit or
inspection of the CONTRACTOR's invoices and/or records, shall be made within a reasonable amount of time (not
to exceed 90 days) from presentation of the OWNER's findings to the CONTRACTOR.
17.1.5 The CONTRACTOR shall take reasonable actions to prevent any actions or conditions which could result
in a conflict with the OWNER's best interests. These obligations shall apply to the activities of the
CONTRACTOR's employees, agents, subcontractors, etc. in their dealings and relations with the OWNER's
current and former employees and their relatives. For example, the CONTRACTOR's employees, agents or
subcontractors should not make or provide to be made any employment, gifts, extravagant entertainment,
payments, loans or other considerations to the OWNER's representatives, employees or their relatives.
17.1.6 It is also understood and agreed by the CONTRACTOR that any solicitation of gifts or any other item of
value by anyone representing the OWNER is to be reported within two (2) business working days to the OWNER
at the following telephone number: 512-218-5401. Failure to report any such solicitations or offers shall be
deemed a material breach of contract entitling the OWNER to pursue damages resulting from the failure to comply
with this provision.
ARTICLE 18 — MISCELLANEOUS
18.1 Venue:
In the event of any suit at law or in equity involving the Contract, venue shall be in Williamson County, Texas and
the laws of the state of Texas shall apply to Contract interpretation and enforcement.
18.2 Extent of Agreement:
This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and
supersedes all prior negotiations, representations or agreements, either written or oral.
18.3 Cumulative Remedies:
The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and
remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by
special warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this
paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each
particular duty, obligation, right and remedy to which they apply.
18.4 Severability:
If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set
of circumstances is for any reason held to be unconstitutional, invalid or unenforceable, that finding shall only
effect such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of
this Contract; this being the intent of the parties in entering into the Contract; and all provisions of the Contract are
declared to be severable for this purpose.
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18.5 Independent Contractor
The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint
venture, The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR
agrees and understands that the Contract does not grant any rights or privileges established for employees of the
OWNER.
18.6 Prohibition of Gratuities
The OWNER may, by Written Notice to the CONTRACTOR, terminate the Contract without liability if is determined
by the OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative of the
CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing
favorable treatment with respect to the awarding or amending or the making of any determinations with respect to
the performing of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision,
the OWNER shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the
cost incurred by the CONTRACTOR in providing such gratuities.
18.7 Prohibition Against Personal Interest in Contracts
No officer, employee, independent consultant, or elected official of the OWNER who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall have a financial
interest, direct or Indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the
knowledge, expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER.
End of General Conditions
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