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Contract - Corrosion Eliminators, LLC - 11/20/2018 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 ,y Contractor e1 AGREEMENT made as of the - . wj�. of t:e_Ce-M 2 I - in the year 20 IS. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Corrosion Eliminators,LLC ("Contractor") 1002 Hwy.337 Mineral Wells,TX. 76067 The Project is described as: Clearwell 2 GST Rehab 2019: Project includes interior and exterior coating replacement and incidental repairs as necessary. The Engineer is: Kit Perkins,P.E Senior Utility Engineer City of Round Rock (512)341-3145 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 The Contract Documents consist of this Agreement,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 7. ARTICLE 2 THE WORK OF THIS CONTRACT 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. 00500 4-2016 Page 1 of 5 Standard Form of Agreement 00307791 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. 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 Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than N/A ( N/A )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than one-hundred forty ( 140 )calendar days from issuance by Owner of Notice to Proceed, subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of five-hundred and No/100 Dollars($500.00 )for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial 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 Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement. It is 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.It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement,the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation,the recovery of actual damages.The date(s)specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than one hundred fifty ( 150 )calendar days from issuance by Owner of Notice to Proceed. 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 five hundred and one thousand,four hundred eighty dollars and no cents. ($501,480 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No X . Yes .If yes,please provide details below: 00500 4-2016 Page 2 of 5 Standard Form of Agreement 00307791 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer 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 Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor not later than the tenth(10th)day of the next month. If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. 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 entire 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 Engineer and Owner may require.This schedule,unless objected to by Engineer or 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. 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. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 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 final Certificate for Payment has been issued by Engineer. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's 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. 00500 4-2016 Page 3 of 5 Standard Form of Agreement 00307791 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary, Special,and other Conditions of the Contract are those contained in the Project Manual dated October 2018 7.1.4 The Specifications are those contained in the Project Manual dated October 2018 7.1.5 The Drawings,if any,are those contained in the Project Manual dated October 2018 . 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated October 2018 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda, if any,are those contained in the Project Manual dated October 2018 7.1.8 If this Agreement covers construction 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. 7.1.9 Other documents,/ if any,forming part of the Contract Documents are as follows: Al/A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 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. 8.2 Owner's representative is: Jeff Bell 2008 Enterprise Dr. Round Rock,TX 78664 (512)218-7076 jbell@roundrocktexas.gov 8.3 Contractor's representative is: Wayne McElreath 1002 Hwy.337.Mineral Wells,TX. 76067 214-985-2661 wayne@ceblast.com 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 00500 4-2016 Page 4 of 5 Standard Form of Agreement 00307791 8.6 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. 8.7 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. 8.8 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. 8.9 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. 8.10 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 three(3) original copies, of which one is to be delivered to Contractor, one to Engineer for use in the administration of the Contract,and the remainder to Owner. OWNER CONTRACTOR CITY 0 'OUND ROC ,TEXAS Corrosion Eliminators,LLC /A4,4k Printed N.me: ,/I 1 F IV Printed Name: Mark LeClair Title 41k Title: President 1 � Date Signed: l2 • (.413� . t.Q(/ Date Signed: 12/3/2018 ATTEST: City Clerk FOR 1 IT ,APPROVED • S TO FORM: City Al ney 00500 4-2016 Page 5 of 5 Standard Form of Agreement 00307791 00600 INSURANCE AND CONSTRUCTION BOND FORMS CERTIFICATE OF LIABILITY INSURANCE Instruction Sheet 1. CERTIFICATE OF LIABILITY INSURANCE FORM The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard ACORD form. 2. PRODUCER and INSURED -Please list name, address,phone number and e-mail. 3. COMPANIES AFFORDING COVERAGE — TDI number required. The TDI number can be obtained from the Texas Dept of Insurance Website: http://www.tdi.state.tx.us/.—Company Lookup. Note: Exception to this rule. In certain instances where there is unusual risks involved,Surplus Lines Insurance Carriers can be used. Below are the guidelines: a. Insurance Company does not have to be"licensed in Texas",but they do have to be"eligible for a Texas license." Please verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/.—Company Lookup b. Policy has to be written by licensed surplus lines Agent. Also verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/-Agent Lookup 4. TYPES OF INSURANCE COVERAGE— CONSTRUCTION CONTRACT: Please double check the General Conditions and the Supplemental General Conditions for the types and amounts of insurance required. The Supplemental General Conditions usually state the following: a. Business Automobile Liability Insurance b. Workers' Compensation and Employers' Liability Insurance c. Commercial General Liability Insurance d. Builders' Risk Insurance— (Generally required for all "vertical" construction. Check with Project Manager for requirements.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering Service Contracts usually require"professional liability insurance".) 5. EFFECTIVE DATE &EXPIRATION DATE Please make sure dates are current. 6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except Workers Compensation and Builders Risk). 7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of any changes, cancellation, etc. at least thirty(30) days prior to date of change. 8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be found on the Texas Department of Insurance website—www.tdi.state.tx.us—Agent Lookup. Bond No. 4402369 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Corrosion Eliminators, LLC of the City of Mineral Wells , County of Palo Pinto , and State of Texas , as Principal, and FCCI Insurance Company authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Five Hundred One Thousand, Four Hundred Eighty Dollars and no/100 Dollars ($ 501,480 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the W2& day of Pte--- , 201Q)to which the Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Clearwell 2 GST Rehabilitation 2019 (Name of the Project) NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00610 7-2009 Performance Bond 00090656 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety havesigned and sealed this instrument this day of , 20 I$. Corrosion Eliminators, LLC FCCI Insurance Company Principal Surety N14,'k, LeC!aA✓ Staci Gross Printed Name Printed Name By: y: Title: Pias I deev‘-f' Title: ttorney-in-Fact Address: 1002 HWY 337 Address: 2435 N. Central Expressway, Ste 1000 Mineral Wells, Texas 76067 Richardson,Texas 75080 Resident Agent of Surety: a e Josh Andrajack Printed Name 701 Lamar Street Address Wichita Falls, Texas 76301 City, State &Zip Code Page 2 00610 7-2009 Performance Bond 00090656 Bond No. 4402369 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Corrosion Eliminators, LLC , of the City of Mineral Wells , County of Palo Pinto , and State of Texas as Principal, and FCCI Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Five Hundred One Thousand, Four Hundred Eighty Dollars and no/100 Dollars ($ 501,480 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated the N day of ec.(jM, -e/r— , 20[12),, to which Agreement is herebyreferred to and made apart hereof as fullyandel to the same extent as if copied at length p � herein consisting of: Clearwell 2 GST Rehabilitation 2019 (Name of the Project) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 7-2009 Payment Bond 00090656 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the tsaid/Principal and Surety have signed and sealed this Instrument this E-1("- day of IX,CCYU\bl.. , 20 10. Corrosion Eliminators, LLC FCCI Insurance Company Principal Surety Y1Lettetj( Staci Gross Printed Name Printed Name By: y: Q CL/Title: 'Pi€4I G�evs-' Ti . Attorney-in-'Fact Address: 1002 HWY 337 Address: 2435 N. Central Expressway, Ste 1000 Mineral Wells, Texas 76067 Richardson,Texas 75080 Reside t Agent of Surety: 8f-P Signature Josh Andrajack Printed Name 701 Lamar Street Address Wichita Falls, Texas 76301 Page 2 00620 7-2009 Payment Bond 00090656 10-00076800 FCC' INSURANCE GROUP More than a policy. A promise. GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the"Corporation")does make, constitute and appoint: Staci Gross; Garland Martin; Robbie Martin; Josh Andrajack Each, its true and lawful Attorney-In-Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of(not to exceed $7,500,000): $7,500,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof,the FCCI Insurance Company has caused these presen s to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 25TH day of Se•tember , 2016. Attest: ©�Q�� o :. A 2 Crai hn n, President SEAL Thom';. Koval Esq., EVP, Chie :+- Officer, FCCI nsur ce Company 19 Gov- ment Affairs and Corporate Secretary oFt . FCCI Insurance Company State of Florida County of Sarasota Before me this day personally appeared Craig Johnson, who is personally known to me and who executed the foregoing document for the purposes expressed therein. Arlene Mlonsa My commission expires: 9/25/2020 * k.Notary Public,Side ofHands Ca oion No.GG 19777 '""'* MyC n Opiric 094540 Notary Public State of Florida County of Sarasota Before me this day personally appeared Thomas A. Koval, Esq., who is personally known to me and who executed the foregoing document for the purposes expressed therein. Arlene Monro My commission expires: 9/25/2020 ,1<• ',+r Notary P.tMie,State OW* Caaa� esoa 1Vo.GG 19777 4.41.0'` co a� owzsa Notary Public CERTIFICATE I, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 24, 2011 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this day of Thoma- . Koval, Esq., EVP, Legal Officer, Gov;•r ent Affairs and Corporate - ary 1-1ONA-3592-NA-04, 8/16 /SENSITIVE S4, S DocuGard#04546 contains a security pantograph,blue background,heat-sensitive ink coin reactive watermark and tnicrotext printing on border. Y��S�'TH HEAT.*0- IMPORTANT NOTICE To obtain information or make a complaint: You may call FCCI Insurance Group's (FCCI)*toll-free telephone number for information or to make a complaint at 1-800-226-3224. You may also write to FCCI Insurance Group Compliance Department e-mail at StateComplaints a(�fcci-group.com. For Claims, you may write to FCCI Insurance Group Claim Department e-mail at newclaimfcci-group.com. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance: PO Box 149104 Austin TX 78714-9104 Fax: 1-512-475- 1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection a(�tdi.state.tx.us PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact FCCI first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or condition of the attached documents. *The FCCI Insurance Group includes the following insurance carriers: Brierfield Insurance Company, FCCI Advantage Insurance Company, FCCI Commercial Insurance Company, FCCI Insurance Company, Monroe Guaranty Insurance Company, and National Trust Insurance Company. 1-BD-TX-21690-NTP-11-12 Page 1 of 1 Copyright 2012 FCCI Insurance Group. DATE(MM/DD/YYYY) ACORD® CERTIFICATE OF LIABILITY INSURANCE 11/29/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Independent Insurance Group PHONE FAX 3030 LBJ Freeway Ste. 1300 (A/C.No.Ext): 972-231-8277 (A/C,No):972-231-8291 Dallas TX 75234-7004 ADDRESS: certs@indinsgrp.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Colony Insurance Company 39993 INSURED INSURER B: Corrosion Eliminators 1002 Hwy 337 INSURER C: Mineral Wells TX 76067 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1747746665 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY PACEP4223300 10/22/2018 10/22/2019 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X jE LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR EXC4223301 10/22/2018 10/22/2019 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Pollution PACEP4223300 10/22/2018 10/22/2019 Each Condition Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) General Liability:Blanket Additional Insured Owners,Lessees or Contractors EPACE 101-0814;Blanket Additional Insured Owners,Lessees or Contractors Completed Operations EPACE 100-0814;Blanket Primary and Noncontributory EPACE 107-0714;Blanket Waiver of Subrogation EPACE 113-0714; Designated Project(s)General Aggregate Limit EPACE 001-0415;Designated Entity-Notice of Cancellation Provided By Us City of Round Rock Texas is an additional insured in regards to General Liability and Auto Liability as required by written contract subject to the above referenced forms.30 day notice of cancellation except 10 day notice for nonpayment of premium in favor of City of Round Rock Texas as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock Texas 221 E Main St AUTHORIZED REPRESENTATIVE Round Rock TX 78664 da ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Aco® CERTIFICATE OF LIABILITY DATE(MM/DD/YYYY) INSURANCE 11/29/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Swingle, Collins&Associates PHONE FAX 13760 Noel Road, Suite 600 (A/C.No.Ext):972-387-3000 (A/C,No):972-387-3808 Dallas TX 75240 ADMDREss: services@swinglecollins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Texas Mutual Insurance Co 22945 INSURED CORRELI-01 INSURER B: Corrosion Eliminators, LLC 1002 Highway 337 INSURER C: Mineral Wells TX 76067 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1203256795 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PRMMGE TO RENTED PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 7 POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION Y 0001319041 1/26/2018 1/26/2019 XRe WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Waiver of Subrogation applies as respects Workers Compensation as required by written contract. RE:City Of Round Rock. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock 221 East Main Street AUTHORIZED REPRESENTATIVE Round Rock TX 78664 Frank Swingle ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD aim OF %%�/_31 0 CHRISTOPHER PERKINS3 • � r .$•. 1 fl8818 •• � f • THE CITY OF ROUND ROCK : ••••...� •••'• i BIDS EXTENDED AND CHECKED Utilities & Environmental Services t L •• 2008 Enterprise Drive BY: JLR Round Rock, Texas 78664 DATE: 10/25/2018 BID TABULATION SHEET: i of 3 CONTRACT:Clearwell 2 GST Rehabilitation 2019 Southern Road&Bridge, Corrosion Eliminators,LLC LLC D&M Tank,LLC CFG Industries,LLC LOCATION: 2008 Enterprise Drive Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes DATE: 10/252018 Addendum(s)Yes Addendum(s)Yes Addendum(s)Yes Addendum(s)Yes Bid Bond?No Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes APPROX. UNIT UNIT UNIT UNIT ITEM h ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST 1 Furnish-Exterior Rehabilitation 1 LS $154,300.00 $154,300.00 $270,000.00 $270,000.00 $260,000.00 $260,000.00 5195,055.00 $195,055.00 2 Furnish-Interior Rehabilitation 1 LS $246,700.00 $246,700.00 $280,000.00 $280,000.00 $330,000.00 $330,000.00 $415,000.00 $415,000.00 3 1 Furnish-Dehumidify 1 LS $20,500.00 $20,500.00 $20,000.00 $20,000.00 $57,500.00 $57,500.00 $26,000.00 $26,000.00 4 lFurnish-Install roof access hatch 1 LS $625.00 $625.00 $2,850.00 S2,850.00 $3,420.00 $3,420.00 $6,500.00 $6,500.00 5 Furnish-Install]-Beam rafters 20 EA $1,050.00 $21,000.00 $1,350.00 $27,000.00 $1,380.00 $27,600.00 $1,400.00 $28,000.00 6 lFurnish-Replace knuckle support 35 EA $245.00 $8,575.00 $200.00 $7,000.00 $180.00 $6,300.00 $400.00 $14,000.00 7 1 Furnish-Install roof vents 2 EA $4,215.00 $8,430.00 $5,000.00 $10,000.00 $4,980.00 $9,960.00 $6,500.00 $13,000.00 8 lFurnish-Install steel plate 300 S.F. $98.00 $29,400.00 $65.00 $19,500.00 $60.00 518,000.00 $50.00 $15,000.00 9 lFurnish-Perform caulking to seams 100 TUBE $8.00 $800.00 $30.00 $3,000.00 $35.00 $3,500.00 $50.00 $5,000.00 10 Furnish-Perform welding repairs 100 M.H. 595.00 $9,500.00 5160.00 $16,000.00 S 162.00 $16,200.00 $150.00 $15,000.00 11 Furnish-Install exterior ladder 1 L.S. $1,650.00 $1,650.00 $5,000.00 $5,000.00 $5,500.00 $5,500.00 $7,500.00 $7,500.00 TOTAL: $501,480.00 $660,350.00 $737,480.00 $740,055.00 *Red text indicates corrections upon bid tabulation THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Utilities & Environmental Services 2008 Enterprise Drive BY: JLR Round Rock, Texas 78664 DATE: 10/25/2018 BID TABULATION SHEET: 2 of 3 CONTRACT:Clearwell 2 GST Rehabilitation 2019 Champion Tank Services, Nova Paintings,LLC N.G.Paintings,L.P. LLC Utility Service Co,Inc. LOCATION: 2008 Enterprise Drive Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes DATE: 10/252018 Addendum(s)Yes Addendum(s)Yes Addendum(s)Yes Addendum(s)Yes Bid Bond? Yes Bid Bond? Yes Bid Fiond? Yes Bid Bond? Yes APPROX. UNIT UNIT UNIT UNIT ITEM ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST 1 IFumish-Containment 1 LS $218,000.00 $218,000.00 $260,000.00 $260,000.00 $275,000.00 $275,000.00 $207,400.00 $207,400.00 2 Fumish-Spot blast 1 LS $434,000.00 $434,000.00 $420,000.00 $420,000.00 $400,000.00 $400,000.00 $412,600.00 $412,600.00 3 Furnish-Dehumidify 1 LS $30,000.00 $30,000.00 $35,000.00 $35,000.00 $40,000.00 $40,000.00 5111,500.00 $111,500.00 4 Furnish-Install roof access hatch 1 LS $5,000.00 $5,000.00 $6,000.00 56,000.00 55,500.00 $5,500.00 $7,300.00 $7,300.00 5 Furnish-Install 1-Beam rafters 20 EA $900.00 $18,000.00 $1,000.00 $20,000.00 $1,500.00 $30,000.00 $1,100.00 $22,000.00 6 Fumish-Replace knuckle support 35 EA 5220.00 $7,700.00 $350.00 $12,250.00 $200.00 $7,000.00 $243.00 $8,505.00 7 IFumish-Install roof vents 2 EA $7,000.00 $14,000.00 $6,000.00 $12,000.00 $4,500.00 $9,000.00 $8,850.00 $17,700.00 8 IFumish-Install steel plate300 S.F. $32.00 $9,600.00 $40.00 $12,000.00 $75.00 $22,500.00 $104.00 $31,200.00 9 lFurnish-Perform caulking to seams 100 TUBE 560.00 $6,000.00 $40.00 $4,000.00 $50.00 $5,000.00 $97.00 $9,700.00 10 Furnish-Perform welding repairs 100 M.H. $125.00 $12,500.00 $100.00 $10,000.00 $120.00 $12,000.00 $152.00 $15,200.00 11 Furnish-Install exterior ladder 1 L.S. $5,000.00 $5,000.00 $4,000.00 54,000.00 $4,000.00 $4,000.00 $3,695.00 $3,695.00 TOTAL: $759,800.00 $795,250.00 $810,000.00 $846,800.00 *Red text indicates corrections upon bid tabulation THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Utilities & Environmental Services - 2008 Enterprise Drive BY: JLR Round Rock, Texas 78664 DATE: 10/25/2018 BID TABULATION SHEET: 3 of 3 7777 CONTRACT:Clearwell2 GST Rehabilitation 2019 E.J.Chris Contracting,Inc. LOCATION: 2008 Enterprise Drive Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes DATE: 10/252018 Addendum(s)Yes Addendum(s)? Addendum(s)? Addendum(s)? Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes APPROX. UNIT UNIT UNIT UNIT ITEM ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST 1 IFumish-Containment 1 LS $340,000.00 $340,000.00 $0.00 $0.00 $0.00 2 lFurnish-Spot blast 1 LS $550,000.00 $550,000.00 $0.00 $0.00 $0.00 3 Furnish-Dehumidify i LS $110,000.00 $110,000.00 $0.00 $0.00 $0.00 4 Furnish-Install roof access hatch 1 LS $25,000.00 $25,000.00 $0.00 $0.00 $0.00 5 Furnish-Install]-Beam rafters 20 EA $2,000.00 $40,000.00 $0.00 $0.00 $0.00 6 Furnish-Replace knuckle support 35 EA $400.00 $14,000.00 $0.00 $0.00 $0.00 7 lFumish-Install roof vents 2 EA $7,500.00 $15,000.00 $0.00 $0.00 $0.00 8 lFurnish-Install steel plate 300 S.F. $100.00 $30,000.00 $0.00 $0.00 $0.00 9 lFurnish-Perform caulking to seams 100 TUBE $150.00 $15,000.00 $0.00 $0.00 $0.00 10 Furnish-Perform welding repairs 100 M.H. $300.00 $30,000.00 $0.00 $0.00 $0.00 11 Furnish-Install exterior ladder 1 L.S. $10,000.00 $10,000.00 50.00 $0.00 $0.00 TOTAL: $1,179,000.00 $0.00 $0.00 $0.00 *Red text indicates corrections upon bid tabulation i' Mayor Councilmembers City Manager Craig Morgan Tammy Young Laurie Hadley ►. Rene Flores 7UTI�L�ITIES��ANu UD ROCK TEXAS Mayor Pro Tem Will Peckhhew am City Attorney ENVIRONMENTAL SERVICES Writ Baese Hilda Montgomery Stephan L.Sheets November 1, 2018 Michael Thane, P.E. 2008 Enterprise Drive Round Rock, TX 78664 RE: Clearwell No. 2 GST Rehab 2019 Engineer's Recommendation for Bid Award Mr. Thane: On October 25, 2018 at 2:00pm, nine(9)proposals were received for the above referenced project which was bid as a low bid project. A summary of the bids is shown below. Bidder Amount Corrosion Eliminators, LLC $ 501,480 Southern Road& Bridge, LLC $ 660,350 D&M Tank, LLC $ 737,980 CFG Industries, LLC $ 740,055 Nova Paintings, LLC $ 759,800 N.G. Paintings, LP $ 795,250 Champion Tank Services, LLC $ 810,000 Utility Services Co, Inc. $ 846,800 E.J.Chris Contracting, Inc. $ 1,179,000 Based on this,we recommend award of the bid to Corrosion Eliminators, LLC in the amount of$501,480.00. Sincerely, OF Tfi' 06966646469 'stop Perkins, P.E. j q��'• ••'s*�1 Senior Utility Engineer- City of Round Rock j* •:* + y....:...............pERKINS I Attachment CNR�STOPHER t 108818 W cc: Jeff Bell, Project Manager 11� •••.••�,CENo.4, ,; dw John Konzen, HOT Services, Inc. •''•••••''• aw Corrosion Eliminators, LLC Omni �t1, CONAL CITY OF ROUND RUCK 200E Enterprise Drive, Round Rock,Texas 78664 [P] 512.218.5555•[F]512.218.5536'round rocktexas.gov CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.1-4 and 6 if there are interested parties;. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties, CERTIFICATION OF FILING 1 Mame of business entity filing form,and the city,state and country of the business entity's dace Certificate Number: of business. Corrosion Eliminators, LLC 2018-421678 Mineral Wells,TX United States bate Piled: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11102/2018 being filed. City of Round Rock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 000000 Rehabilitation of Clearweli GST 2 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is and rtiy date of birth is My address is '► ... t '�, (city) (State,) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. t E.xecu - __._. County, State of on the ay of ,20100 LNRenee Jean LeClair (month) (year) My Corivriission Expires04118121'322 ID No.131531808 Signature of authf ized agent of contracting business entity (ber,}grant) Forms provided by Texas Ethics Commission www,esthics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-421678 Corrosion Eliminators, LLC Mineral Wells,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/02/2018 being filed. City of Round Rock Date Acknowledged: 11/14/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 000000 Rehabilitation of Clearwell GST 2 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 fte. 24 S- 616 CITY OF ROUND ROCK UTILITES AND ENVIRONMENTAL SERVICES r' r . ---t..- C. ' r,,, ROUND ROCK TEXAS Project Manual For: Project Name Clearwell 2 GST Rehabilitation 2019 October 2018 Prepared By: „slot" i ...so ��bil Christopher "Kit" Perkins, P.E fSyst -..-- P"'\ \111 1 ;:I __....1.....•••••••41144 E;iiiiiiiPHER.ontntt •. fr"Vrisi.a.81.8A R VET II diC\ 4 . BY �.... � AT1O�'� EY ____:______, ,ipp. vet Slit ‘.. C411 gi 1 Clearwell 2 GST Rehabilitation 2019 TABLE OF CONTENTS Section Description No. of Pages 00020 Notice to Bidders 1 00100 Instructions to Bidders 4 Exhibit A 1 00200 Bid Bond 2 00300 Bid Form 8 00410 Statement of Bidder's Safety Experience 1 00500 Agreement 5 00600 Insurance & Construction Bond Forms Performance & Payment Bond Instructions 1 Insurance Instructions 1 00610 Performance Bond 2 00620 Payment Bond 2 00650 Certificate of Liability Insurance 1 00700 General Conditions 41 00800 Supplemental General Conditions 2 00900 Special Conditions 5 01000 Technical Specifications 4 Attachment A 23 02000 Plans, Details and Notes 4 8-2016 Table of Contents 00090665 00020 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed bids addressed to Jeff Bell,City of Round Rock, Utilities& Environmental Services, 2008 Enterprise Drive, Round Rock, TX 78664, for furnishing all labor, material and equipment and performing all work required for the project titled, Clearwell 2 GST Rehabilitation 2019 (project includes internal/external coating and necessary structural repairs), will be received until October 25, 2018 at 2:00 p.m., then publicly opened and read aloud at the same address. Bid envelopes shall state date and time of bid and Project Name. Bids must also be accompanied by a "Statement of Bidder's Safety Experience" included in Section 410 of the Project Manual. No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5%) of the total bid amount. Instructions to Bidders and all other Bid Documents may be obtained free of charge beginning October 9, 2018 at the following website: www.civcastusa.com; registration with CivCast is required at the website to download the documents. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. For questions please contact the City's Project Manager, Jeff Bell , (512)218-7076. In case of ambiguity,duplication,or obscurity in the bids,the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and to waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the City of Round Rock's standard contract and to furnish performance and payment bonds, all as described in the bid documents. Contractors and subcontractors shall pay to laborers,workmen,and mechanics the prevailing wage rates as determined by the City of Round Rock. Publish Dates: Round Rock Leader: 10/11/18 10/18/18 Pflugerville Pflagg: 10/10/18 10/17/18 00020 10-2015 Notice to Bidders 00193093 Page 1 INSTRUCTIONS TO BIDDERS 1. Prior to submitting any bid,bidders are required to read all drawings(plans),specifications, and all other Project Manual and/or Contract Documents carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the Work and all attending circumstances affecting the cost of doing the Work and the time required for its completion and obtain all information required to make a bid. The aforementioned documents may only be obtained from the City's website at the following web address: www.civcastusa. om . Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. 2. Should the bidder find discrepancies in, or omissions from the drawings (plans), specifications, or other Project Manual and/or Contract Documents, or should he be in doubt as to their meaning, he should notify at once the City and obtain clarification or addendum prior to submitting any bid. Any addenda issued will be posted with the documents at the web address mentioned in 1 above no later than two business days prior to the Bid Opening Date.Prior to submitting a bid,the bidder is responsible for determining if any addenda have been issued and for following any instructions required in any addenda issued. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders in the Project Manual. Bids received after the scheduled opening time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bidders shall be responsible for submitting a copy of the City's Bid Form, Bid Bond Form, and Statement of Bidder's Safety Experience from the Project Manual documents posted at the web address as described in 1 above. 6. Bids shall be accompanied by a bid security consisting of a certified cashier's check in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Round Rock,or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 15 below, within ten (10) days after notice of award of contract to him. Bid securities must be submitted in the same sealed envelope with the bid. Bids submitted without a bid security may not be considered at the sole discretion of the City. Page 1 00100 2-2016 Instructions to Bidders 00090650 7. If awarded the bid,the bidder must complete a Form 1295 electronically on the Texas Ethics Commission (TEC) Website at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htni and submit the signed and notarized Form 1295 within ten (10) business days of notification of the award. Instructions for completing a Form 1295 are attached as Exhibit "A" to the Instructions to Bidders. 8. No conditional bids will be accepted. 9. A bidder wishing to withdraw his submitted sealed bid prior to the scheduled bid opening time must do so by presenting in person a written request signed by an authorized representative of the bidder to a City employee at the location for which sealed bids are to be addressed. No telephone, facsimile, or email requests will be accepted. The City will expend the time and effort that the City in its sole discretion determines is necessary to invesitigate the authenticity of a request before complying with a request. The City shall in its sole discretion determine if the City will comply with a request and the City shall not be held liable for not complying with a request. If the City does not comply with a request, the request shall automatically become null and void. 10. A bidder wishing to revise his sealed bid after submittal but before the scheduled bid opening time must first withdraw his bid as provided for in the Instructions to Bidders and then submit a sealed bid in accordance with the Instructions to Bidders. No revisions to a bid will be allowed after the scheduled bid opening time. The bidder shall be responsible for e> .suring the amount of the bid security is as specified in the Instructions to Bidders. 11. All bid securities will be returned to the respective bidders within twenty-five (25) days after bids are opened, except those which the City elects to hold until the successful bidder has executed the Agreement. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty(60)days. 12. Until the award of the contract, the City reserves the right to reject any and all bids and to waive technicalities; to advertise for new bids; or to do the work otherwise when the best interest of the City will be thereby promoted. 13. In case of ambiguity or lack of clarity in the statement of prices in the bids,the City reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable andlor unbalanced prices submitted in a bid may result in rejection of such bid or other bids. 14. Award of the contract, if awarded,will be made within sixty(60)days after opening of the bids, and no bidder may withdraw his bid within said sixty (60) day period of time unless a prier award is made. A Notice to Proceed will be issued within sixty (60) days after contract Execution Date as defined in the General Conditions. 15. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one hundred Page 2 00100 2-2016 Instructions to Bidders 00090650 percent (100%) of the total Contract Amount. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds$100,000.00,the surety must also(1)hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or(2) have obtained reinsurance for any liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority,the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 16. Failure to execute the Agreement within ten (10) days of written notification of award or failure to furnish the performance bond and payment bond as required by item 15 above, shall be just cause for the annulment of the award. In case of annulment of the award, the bid security shall become the property of the City, not as a penalty, but as liquidated damages. 17. No contract shall be binding upon the City until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 18. The Contractor shall not commence Work under the Agreement until he has furnished certification of all insurance required and such has been approved by the City,nor shall the Contractor allow any Subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The Contractor's insurer shall use the certificate of insurance form included in the bid documents or the standard ACORD form. 19. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss,rather than by making a cash payment directly to the City,the insurance company must furnish or have furnished by bidder, a performance bond in accordance with Section 2253.021(b),Texas Government Code, and a payment bond in accordance with Section 2253.021(c). 20. Any quantities given in any portion of the Bid Documents, including the drawings(plans), are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for payment shall be the actual amount of work done and/or material furnished as specified in the General Conditions. 21. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the Work. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5)of the Texas Tax Code. The City will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier Page 3 00100 2-2016 Instructions to Bidders 00090650 for terials purchased.The Contractor must have a valid sales tax permit in order to issue a res le certificate. Upon obta' 'ng consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The Contractor will transfer title of consumable, but not incorporated, materials to the City at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative. Where practical, the materials will be labeled as the property of the City. 22. The 4 ontractor, after execution of the contract and pursuant to Internal Revenue Service (IRS regulations, shall furnish its Taxpayer Identification Number(TIN)to the City. The Cont actor shall provide the appropriate information on a W-9 form(which can be provided by th- City upon request). This form shall be submitted directly to the City's Accounts Paya le Department to ensure security of the information. 23. If the Bid Form includes Add and/or Deduct Alternate bid items and/or otherwise provides for A ltemate bids, the City will determine whether to select or not select one or more of the A,dd and/or Deduct Alternate bid items and/or Alternate bids at the City's sole tion and for its greatest advantage. If the City selects any Add and/or Deduct Alte ate bid items, the total bid amount will be determined by adding the amount of the selec ed Add Alternate(s)to, and deducting the amount of the selected Deduct Alternate(s) from he Base Bid or the selected Alternate bid. Page 4 00100 2-2016 Instructions to Bidders 00090650 EXHIBIT "A" FORM 1295 INSTRUCTIONS Pursuant to newly enacted Section 2252.90 of the Texas Government Code, as of January 1, 2016, any business entity entering into a contract with a local government that requires approval of the governing body must submit a disclosure of interested parties to the local governmental prior to the execution of the contract. The Texas Ethics Commission(TEC) has adopted a form for the disclosure of interested parties (Form 1295)and has created a website application for business entities to submit the required information. The City of Round Rock may not enter into a contract that requires the approval of the City Council until the business entity that is a party to the contract files a Form 1295 with the City Clerk. The instructions to complete Form 1295 and file it with the City Clerk are as follows: 1. Upon being notified of a bid award,the award recipient("business entity")must go to the following website: https://www.ethics.state.tx.us/whatsnew/elf info_form 1295.htin and follow the login directions on the website application to complete a Form 1295. If this is a business entity's first time logging on to the website application, the business entity must create a login Username and Password and then follow the application's instructions to complete a Form 1295. 2. The City does not have a Contract ID Number System. Please insert the project name in this box. 3. Even if a business entity has no interested parties, Form 1295 still must be completed using the website application and filed with the City Clerk. 4. Once confirmation is received that the information has been submitted,the business entity MUST print, sign and notarize the printed out completed Form 1295. 5. The signed and notarized Form 1295 must be filed with the Clerk of the City of Round Rock within ten (10) business days of the date of notification of the award. The signed and notarized Form 1295 may be scanned and e-mailed to swhite(1;roundrocktexas.gov OR mailed or hand-delivered to the address below. 6. Once the City Clerk receives the signed and notarized Form 1295, the City Clerk will submit confirmation of receipt through the TEC website application within thirty(30)days of the filing of Form 1295. 7. This process must be followed for each contract a business entity enters into with the City of Round Rock. 8. A Form 1295 cannot be handwritten. It must be completed electronically through the TEC website application. 9. If you have any questions regarding the filing of Form 1295,please contact: Sara White,City Clerk 221 East Main Street Round Rock,Texas 78664 Phone: (512)218-5404 Fax: (512)218-7097 E-mail: swhite@roundrocktexas.gov 00200 BID BOND BID BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Corrosion Eliminators, LLC of the City of Mineral Wells County of Palo Pinto State of Texas as Principal, and FCCI Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS ("Owner"), in the penal sum of Five Percent (5%) of the total amount of the Bid of the Principal submitted to the Owner,for the Work described below;for the payment whereof,well and truly to be made, and the said Principal and Surety do herby bind themselves and their heirs, administrators, executors, successors and assigns,jointly and severally, as follows: In no case shall the liability of the Surety hereunder exceed the sum of( Five percent of bid amount Dollars ($ 5% )- THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas,the Principal has submitted the above-referenced Bid to the Owner, for construction of the Work under the "Specifications for Construction of Clearwell 2 GST Rehabilitation 2019 99 for which Bids are to be opened at the office of Owner on the 25th day of October ,20 18 . NOW, THEREFORE, if the Principal is awarded the Contract, and within the time and manner required under the "Instructions to Bidders," after the prescribed forms are presented to her/him for signature,enters into a written Agreement substantially in the form contained in the Bid Documents, in accordance with the Bid, and files the two (2) bonds with the Owner, one to guarantee faithful performance and the other to guarantee payment for labor and materials,then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. In the event that suit is brought upon this Bond by the Owner and judgment is recovered,said Surety shall pay all costs incurred by the Owner in such suit,including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF,the said Principal and Surety have signed this instrument on this the 25th day of the month of October 2018 . Corrosion Eliminators, LLC FCCI Insurance Company Principal Surety 14/14eLik Lce,i4LicStaci Gross Printed Name Printed Name By. y.B Af - Title: Pff ,1 Title: Attorney-in-Fact Address: /00 g Address: 2435 N. Central Expressway Ste 1000 � S • 6 v b7 Richardson, Texas 75080� • Z 00200 9-2015 Page 1 Bid Bond 00090652 Resident Agent of Surety: t__ S' nat, Josh Andrajack Printed Name 701 Lamar Street Address Wichita Falls, Texas 76301 City, State, Zip Page 2 00200 9-2015 Bid Bond 00090652 10-00076870 FCC r INSURANCE GROUP More than a policy. A promise. GENERAL POWER OF ATTORNEY Know all men by these presents: That the FOCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the"Corporation") does make, constitute and appoint: Staci Gross; Garland Martin; Robbie Martin; Josh Andrajack Each, its true and lawful Attorney-In-Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of(not to exceed $7,500,000): $7,500,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof, the FCCI Insurance Company has caused these presen s to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 25TH day of September , 2016 ac,y r Attest: " r•,,,� . Cram-Sohn n, President ? ;` SEAL Thom . Koval Esq., EVP, Chie Officer, FGGI`rnsur ce Company 195%.4 Gov merit Affairs and Corporate Secretary 3 •t•, (pq�p FOCI Insurance Company State of Florida County of Sarasota Before me this day personally appeared Craig Johnson, who is personally known Ito me and Who executed the foregoing document for the purposes expressed therein. Arlene AbEEw My commission expires: 9/25/2020 * * ra..s °f; __ is `^v 2 ioa�••'••MyCo ,,, s ' s>m Nota"ry Public State of Florida County of Sarasota Before me this day personally appeared Thomas A. Koval, F,sg-, who is personally known to me and who executed the foregoing document for the purposes expressed therein. Arlene Matto -� �� My commission expires: 9/25/2020 * *r+�En wwM,staea► ��ei'�-�-liic-�CQr-e.-o"wQ.c� c aa.Go iom IN'•..'Myra,...„,.ov ocosna Notary Public CERTIFICATE I, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 24, 2011 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this 2.5tn day of October 2018 xt- Thoma Koval, Esq, EVP, • Legal Officer, Gov r ent Affairs and Corporate Secretary 110NA-3592-NA-O4, 8r16 „susiTAT ?fi Fi DocuGard#04546 contains a security pantograph.blue background,he2t-40sttf ink,coin-reactive watermark,and microtext printing oil border. GSA NEAT UAM1OJ4 00300 BID FORM BID FORM PROJECT NAME: Clearwell No. 2 Ground Storage Tank Rehabilitation 2019 PROJECT LOCATION: Round Rock, Texas OWNER: City of Round Rock, Texas DATE: October 25, 2018 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the Work, to furnish all necessary superintendence, labor, machinery, equipment, tools,materials, insurance and miscellaneous items, to complete all the Work on which he bids as provided by the attached Bid Documents, and as shown on the plans for the construction of Clearwell No. 1 Ground Storage Tank Rehabilitation 2019 and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within the time stated, for the following prices, to wit: Any addenda issued will be posted with the Project Manual and/or Contract Documents on the following website www.civcastusa.com by the close of business on October 24,2018 . Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued. Bidder acknowledges receipt of the following Addenda by listing Addendum "number" and "date". 00 M 1 - ioI . I ie Rtw lo 01 !o• 4 3• (0 �d�e-i ' tt i do 00300-9-2015 Page 1 of 7 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 1 1 LS Furnish all materials, equipment, labor, superintendence and incidental work to provide containment and dust control, abrasive blast, clean, prime and coat the Exterior of the existing 2,000,000-gallon GST, all appendages, ladder,vent, hatch, railing, tank piping,valves, etc., as indicated on the drawings and specifications except where specifically covered by other bid items. Replace all M.W. gaskets and nuts/bolts/washers with HDG material. complete in place per lump sum for 0 �► fritaitecyllars1441 and Zip cents. / I-,3o0 I 300 2 1 LS Furnish all materials, equipment, labor, superintendence and incidental work to spot blast for inspection and identification of repairs, abrasive blast, clean, prime, stripe coat and coat the Interior of the existing 2,000,000- gallon GST, all appendages, ladder, vent,hatch, weir box, etc., as indicated on the drawings and specifications except where specifically covered by other bid items. complete ete .n place per lump sum iWo k e N - 0►� for i Se/e ktnaireet dollars and ZPArt) cents. 44, 41* 70l 00300-9-2015 Page 2 of 7 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 3 1 LS Furnish all materials, equipment, labor, superintendence and incidental work to Dehumidify and provide Dust Collection to the interior of the existing 2,000,000- gallon GST, during surface preparation and coating, including hoses, filters, etc., as indicated on the drawings and specifications except where specifically covered by other bid items. corn let 1 lace per lump sum for1. dollars and Ze(o cents. AV 5cc cO BOO 1 LS Furnish all materials, equipment, labor, superintendence and incidental work to install a AWWA Approved 3 0"x3 0" aluminum roof access hatch, Model No. F I R3 03 0 manufactured by Halliday Products, to include a new weld- on C.S. flanged neck and ' "re- pad to accommodate the bolt on new aluminum roof hatch and relocate the interior ladder as needed to align with the new roof access hatch, as indicated on the drawings and specifications except where specifically covered by other bid items. Provide drawing with P.E. seal for submittal. complete in place per lump sum forbLUYe4 -111J1M1) -A/e— dollars and 'WO cents. bilg.C. bz 00300-9-2015 Page 3 of 7 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 5 20 Ea. Furnish all materials, equipment, labor, superintendence and incidental work to replace and install W8x10 x approx. 21' long I- beam rafters as deemed necessary after spot blast and inspection, as indicated on the drawings and specifications except where specifically covered by other bid items. complete in place per each for Off-11 AD a 1 dollars and 1'elo cents. / 05-0 dZi 000 35 Ea. Furnish all materials,equipment, labor, superintendence and incidental work to replace and install 3"x3"x3/8"x approx.4' long knuckle support angle as deemed necessary after spot blast and inspection, as indicated on the drawings and specifications except where specifically covered by other bid items. complete in place per each for —E1 kU1 6tice .-F vie dollars and Zero cents. .411-6-- f, 675 00300-9-2015 Page 4 of 7 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount ? 2 Ea. Furnish all materials,equipment, labor,superintendence and incidental work to install (2)24"0 AWWA Approved aluminum roof vents,including a new weld-on C.S. flanged neck to accommodate the bolt on installation of the new aluminum vent in accordance with 01000-Attachment A, Part 3.02. Provide drawing with P.E.seal for submittal. compi t��n lace per each � D for dollars and 7_.2Ir0 cents. AI $i 8 300 S.F. Furnish all materials,equipment, labor,superintendence and incidental work to install by seal welding carbon steel plate to cover areas identified as excessive exterior roof ponding, interior roof,shell and roof corrosion/deterioration as indicated on the drawings and specifications except where specifically covered by other bid items. complete in place per square feet for N 1 i\e-4-> dollars and Z2)(19 cents. 1g 00300-9-2015 Page 5 of 7 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 100 TUBE Furnish all materials,equipment, labor,superintendence and incidental work to perform caulking (sika4lex 1A)work to seams and areas as deemed necessary, as indicated on the drawings and specifications except where specifically covered by other bid items. complete in place per tube for Q�I {r1-" dollars and Z.e../0 cents. g ' " SOD 10 100 M.H. Furnish all materials,equipment, labor,superintendence and incidental work to perform welding repairs,corrosion related repairs on surfaces and appendages and general repair work as deemed necessary,as indicated on the drawings and specifications except where specifically covered by other bid items. complete in place per man hours for Y1 I I'1& �� dollars and v cents. q cOO 00300-9-2015 Page 6 of 7 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 11 1 L.S. —' — Furnish all materials,equipment, labor,superintendence and incidental work to provide and install on the exterior ladder a new TS Stainless Steel Safety Rail fall arrest system by French Creek Production that meets OSHA regulations. The system shall be supplied compete with safety harnesses,trolley and lanyard for one person as indicated on the drawings and specifications except where specifically covered by other bid items. complete in place per lump sum for Ont` � '�' dollars and 7.21/0 cents. ij 1250 1� ba 00300-9-2015 Page 7 of 7 Bid Form TOTAL BASE BID (Items 1 thru 11 ) $ I I 14-$b Materials: 3001 fft All Other Charges: 4001 51:2. * Total: Jr0 i ij$D * Note: This total must be the same amount as shown above for "Total Base Bid" If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities or technicalities. Respectfully Submitted, /P0A- ggi Signature tnetik, Le.el 4-i✓ I�-lt llel�.�-i V411 TX "16 067 Print Name Address q qt. — Title Telephone CDrlrO4i oV\ JI,\kZ , ji-- Name of Firm l0/ Pa`!8 Date Secretary, if Bidder is a Corporation 00200-9-2015 Page 1 of 1 Bid Form 00410 STATEMENT OF BIDDER'S SAFETY EXPERIENCE Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 Solicitation Requirements, Contract Forms & Conditions of Contract Statement of Bidder's Safety Experience Section 00410 Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program requirements, has not been fined by OSHA for any willful safety violations in the past three years, and has a lost time injury rate that doesn't exceed the limits established below. All questions must be answered and data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. Company Name: Corrosion Eliminators, LLC Address: 1002 Hwy. 337. Mineral Wells, TX. 76067 Phone: 940-325-8450 x 102 Completed by: Renee LeClair Date: 10/22/2018 1. Does the company have a written construction Safety program? ElYes ❑No 2. Does the company conduct construction safety inspections? ['Yes El No 3. Does the company have an active construction safety-training program? ElYes ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past ElYes El No three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15, or 7.6 for SIC 16, DYes 0 No or less over the past three years? Attach the company's OSHA 200/300 logs for the past three years. 6. Does the company or affected subcontractors have competent persons in the following Areas? A. Scaffolding El Yes ElNo El N/A B. Excavation El Yes ElNo ❑N/A C. Cranes El Yes ONo ❑N/A D. Electrical El Yes ElNo El N/A E. Fall Protection 0 Yes ONo El N/A F. Confined Spaces 0 Yes ONo El N/A I hereby certify that the above information is true and correct. Signature Title Safety Coordinator Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 Attention: This form contains information relating � to employee health and must be used in a manner e *� OS HAt s Form 300 (Rev. o i2ooa> that protects the confidentiality of employees to the Year 2014 extent possible while the information is being used Log of Work-Related Injuries and Illnesses for occupational safety and health purposes. U.S. Department of Labor Occupational Safety and Health Administration You must record information about everywork-related injury or illness that involves kiss of consciousness,restricted work activity or job transfer,days away from work,or medical treatment Form approved OMB no.1218-0176 beyond first aid.You must also record significant work-related injuries and Cheeses that are diagnosed by a physician or licensed health care professional. You must also record work-related injures and illnesses that meet any of the specific recording criteria listed in 29 CFR 1904.8 through 1904.12. Feef free to use two lines for a single case if you need to.Yeti must complete an Establishment name Corrosion Eliminators, LLC injury and illness incident report(OSHA Form 301)or equivalent form for ea h injury or illness recorded on this font. If you're not sum whether a case is recordable,call your local OSHA office for hey). City Mineral Wells State Texas t enftfy t Berson - ,' Dest be'the case ,4 ' ��. :. 4 . Classify ...w 4., 7 e' , 9 "' '' S Ca3t3 Enter the number of (A) (B) (C) (D) (E) (F) CHECK ONLY ONE box for each case based on days the injured or ill Check the"injury'column or choose one type of Case Employee's Name Job Tate (e.g., Date of Where the event occurred(e.g. Describe injury or illness,parts of body affected, the most serious outcome for that case worker was: illness: No. Welder) injury or Loading dock north end) and object/substance that directly injured or made -- onset of person ill(e.g.Second degree burns on right (M) illness forearm from acetylene torch) On job ti m Death. Days awry Remarried at work Away transfer or v c (nhoJday) foorm work o From restriction 2 J o c t Job transfer Other record- Work (days) o . a N c S or restriction able cases (days) .' o o`o d (G) (HI (I) (J) (K) (L) (1) (2) (3) (4) (5) (6) Page totals o o o o a o 0 0 0 0 0 0 Be sure to transfer these totals to the Summary page(Form 300A)before you post it. o o o C }S R:D J e t�i fj d Public reporting burden for this collection of information is estimated to average 14 minutes per response,including time o y o o g c U to review the instruction,search and gather the data needed,and complete and review the collednn of information. Y W a coel, Persons are not required to respond to the collection of information unless it displays a currently valid OMB control on = o number. If you have any comments about these estimates or any aspects of this data collection,contact: US Department of Labor.OSHA Office of Statistics,Room N-3644,200 Constitution Ave,NW,Washington,0C 20210. Do not send the completed forms to this office. Page 1 of 1 (I) (2) (3) (4) (5) (6) i 1x=,u _"w.. ' fir;:;' r,': ,.« --,..; c•,','r': , :_ Z•»n;::' `rr . ';3'.Yt% . ..•t' i•.. ;se, ..,... „> OSHA's Form 300A (Rev.o1f2oo4) Year 2014 ��.) Summary of Work-Related Injuries and Illnesses U.S. paento Lobo^ Occupational Fonn approved OMa no.1sle-0176 All establishments covered by Part 1904 must complete this Summary page,even if no injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete Using the Log,count the individual entries you made foreach category. Then write the totals below, Establishment information making sure you've added the entries from every page of the log. if you had no cases write 0.` Employees former employees,and their representatives have the right to review the OSHA Form 300 in Your establishment name Corrosion Eliminators,LLC its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35,in OSHA's Recordkeeping rule,for further details on the access provisions for these form. Street 1002 Hwy.337 Number of Cases City Mineral Wells State Texas Zlp 78067 Industry description(e.g.,Manufacture of motor truck trailers) Total number of Total number of Total number of cases Total number of Sandblasting and Painting deaths cases with days with job transfer or other recordable away from work restriction cases Standard Industrial Classification(SIC),if known(e.g.,SIC 3715) 0 0 0 0 (G) (H) (I) (J) OR North American Industrial Classification(NAICS),if known(e.g.,336212) 3 3 2 8 1 2 Number of Days Employment Information Total number of Total number of days of days away from job transfer or restriction Annual average number of employees 18 wnh Total hours waked by all employees last 0 0 year 33120 (K) (L) Injury and Illness Types Sign here Total number of... Knowingly falsifying this document may result in a nne. (M) (1) Injury 1) (4) Poisoning 0 (2) Skin Disorder 0 (5) Hearing Loss 0 (3) Respiratory I certify that I have examined this document and that to the best of my knowledge the entries are true,accurate,and complete. Condition 0 (6)All Other Illnesses 0 Renee LeClair Safety Coordinator Company executive Title 940.-325-8450 x 102 101222018 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone Date Public reporting burden for this collection otinformation is estimated to average 58 minutes per response,including Mato review the Instruction,search and gainer the data needed,and complete and review the collection of idamation.Persons are not required to respond to the catiection of information unless it displays a currently valid OMB control number.Ilya;have any comments about these estmatesor any aspects of this data collection,contact US Department of Labor.OSHA Office of Statistics,Raw N-3644,203 Cmstihdion Ave.NW,Washington.DC 20210.Do not send the completed forms to tits office. . ;..... mac - Attention: This form contains information relating r to employee health and must be used in a manner � e •*� OSHA s Form 300 (Rev. 01/2004) that protects the confidentiality of employees to the Year 2015 extent possible while the information Is being used Log of Work-Related Injuries and Illnesses for occupational safety and health purposes. U.S. Department of tabor Occupational Safety and Health Administration You must record information about every work-related injury or iinesS that involves loss of consciousness,restricted work activity or pb transfer,days away from work,or medical treatment Form approved OMB no 121 B-0176 beyond first aid. You must also record significant work-related injuries and ilnesses that are diagnosed by a physician or licensed health care professional.You must also record work related injuries and illnesses that meet anyofthespecificrecordegcriterialistedin29CFR1904.8through190412. Feel free to use two lines for a single case ilyou read to.You must complete an Establishment name Corrosion Eliminators,LLC injury and illness incdent report(OSHA Form 301)or equivalent form for each injury or illness recorded on this foam. If you're not sure whether a case is recordable,call your kxal OSHA office for help. City Mineral Wells State Texas kterdify the PeF&Citft ' ?. » -", ".. OI S hie « ,''' ••,:°?°E=.i' ..,,,5--.4. Classify the case °• ` uc s'' Enter the number of (A) (B) (C) (D) (E) (F) CHECK ONLY ONE box for each case based on days the injured or ill Check the"injury"column or choose one type of Case Employee's Name Job Tine (e.g., Date of Where the event occurred(e.g. Describe injury or illness,parts of body affected, the most serious outcome for that case: worker was: illness: No- , Welder) injury or Loading dock north end) and objectfsubstance that directly injured or made - n onset of person ill(e.g.Second degree bums on right (M) m illness forearm from acetylene torch) On job m y (moiday) Death °ays a Remained at work Away transfer or a Z o From restriction - 6 4 0 d o Job transfer Other record- Work (days) a, o t E o or restriction able cases (days) N (G) (H) (I) (J) (K) (L) (1) (2) (3) (4) (5) (6) i. Page totals o 0 0 0 0 0 0 0 0 0 0 0 Be sure to transfer these totals to the Summary page(Form 300A)before you post it. z' m z o '' N 0 N L°c u0i rn 8Public reporting burden for this collection of information is estimated to average 14 minutes per response.including time ch d a g c to review the instruction, d uct on,search and gather the data needed,and complete a review the collection of infe riot on. OS vu m Persons are not requaed to respond to the collection of information unless it displays a currency valid OMB control ro I o number. If you have any comments about these eslmates or any aspects of this data collection,contact US 3 Department of Labor,OSHA Office of Statstics.Room N-3644,200 Constitution Ave,NW,Washington,DC 20210. Do not send the completed forms to the office. Page 1 of 1 (1) (2) (3) (4) (5) (6) >•;•t .;•`•j ae ' ar • s ? •.'_' ••'7 " - : .° r:? r':7114 OSHA's Form 300A (Rev.01/2004) Year 2015 <<"� Summary of Work-Related Injuries and Illnesses U.S.Department of Labor Occupational Sealy and Heater Administration Pi AS..o Form approval OMB n0.1218A778 All establishments covered by Part 1904 must complete this Summary page,even if no injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete Using the Log,count the indirrklual entries you made for each categor/. Then write the totals below, Establishment information making sure you've added the entries from every page of the log. If you had no cases write"0." Employees former employees,and their representatives have the right to review the OSHA Form 300 in Your establishment name Corrosion Eliminators,LLC Its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35,in OSHA's Recordkeeping rule,for further details on the access provisions for these forms. Street 1002 Hwy.337 Number of CasesCity Mineral Wells State Texas _ Zip 76067 Industry description(e.g.,Manufacture of motor truck trailers) Total number of Total number of Total number of cases Total number of Sandblasting and Painting deaths cases with days with job transfer or other recordable away from work restriction cases Standard Indusbial Classification(SIC),if known(e.g.,SIC 3715) 0 0 0 0 (G) (H) (I) (J) OR North American Industrial Classification(NAICS),if known(e.g.,336212) 3 3 2 8 1 2 Number of Days Employment information Total number of Total number of days of days away from job transfer or restriction Annual average number of employees 16 tarrtr Total hours worked by all employees last 0 0 year 34100 (K) (L) Injury and Illness Types Sign here Total number of... Knowingly falsifying this document may result in a fine. (M) (1) Injury 0 (4) Poisoning D (2) Skin Disorder 0 (5) Hearing Loss 0 I certify that I have examined this document and that to the best of my knowledge the entries are true,accurate,and (3) Respiratory Conditioncomplete. 0 (6)All Other Illnesses 0 Renee LeClair Safety Coordinator Company executive Title 940-325-8450 x 102 10222018 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone Date Pubic reporting burden for this collection of information isesimeted to average 58miMesper response.inducing time to review the insouction,search and gather the data needed,and oorrplete and review the collegial of information.Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.If you have any comments about these estimates or wry aspects of this dale Odiedlon,meted:US Department of Labor.OSHA Ofbee of Statistics.Room N-3644.200 Constitution Ave,NW.Washington.DC 20210.Oo not send the condoled forms to this office. Attention: This form contains information relating � to employee health and must be used in a manner � OSHAe S Form 300 (Rev.0112004} that protects the confidentiality of employees to the Year 2016 extent possible while the information is being used Log of Work-Related Injuries and Illnesses for occupational safety and health purposes. U.S. Department of Labor Occupational Safety and Health Administration You must record information about every work-related injury or illness that invokes loss of consciousness,restricted work activity or job transfer,days away from work,or medical treatment Form approved OMB no.121 13-0176 beyond first aid.You must also record significant work-related injuries and illnesses that are diagnosed by a physician or toensed health care professional You must also record work-related injuries and illnesses that meet any of the speck recording criteria listed in 29CFR 1904.8 through 1904.12.Feel free to use two fines for a single case if you need to. You must complete an Establishment name Corrosion Eliminators,LLC injury and illness incident report(OSHA Form 301)or equivalent form for each injury or mness recorded on this form. If you're not sure whether a case is recordable,call your local OSHA office for help. City Mineral Wells State Texas „1. n .,7t•..:, „ sty. >_. ,r<. ,ss t ... .....: .::.r:. .." ..,.i_,,, .u.1, b F,I zx, a1sa�."^.,.' r^"�,"+, .<F..c� s � :_ 3ii �``», � '' �-� £ "•.::» -'s� :i :�;': ""r c1 .:�c' e.;,a .r,. ,€�', ¢ ? a, �; s; >.i :��5„� ,;� *,•w ..-^ �d ,US�aJ� ._:�.. • ..».. u.»»..... . «-...... a _...-� ....... ... , . .� ._.�_.. ,. £� `�r+.�_.,a .w ..,......,..,..._.z. _._,�......_,. .......w.... ._.._.. _ .<. +s�r..�,. ...^�z�e _,., ....:� Enter the number of (A) (B) (C) (0) (E) (F) CHECK ONLY ONE box for each case based on days the injured or ill Check the'Injury column or choose one type of Case Employee's Name Job Title (e.g., Date of Where the event occurred(e.g. Describe injury or illness,parts of body affected, the most serious outcome for that case: worker was: illness: No. Welder) injury or Loading dock north end) and objectlsubstance that directly injured or made v r ,.. ,,n..,,,e^,.,, ^ .`V,., ,;„,u><• .„.,,ra,. '• a• a onset of person ill(e.g.Second degree burns on right (M) F. illness forearm from acetylene torch) ,e ' > `r. On job a (moiday) v a., "'' .i : . pg` Away transferor v u`' x From 2 o c m S cn� 7, .,. restriction 8 � 0 5 v, Job transfer Other record- Work (days) Z• oc 3�ci F,, o or restriction able cases (days) �? k"n o?: = (G) (I-I) (I) (J) (K) (L) (1) (2) (3) (4) (5) (6) Page totals o 0 0 0 0 0 0 0 0 0 0 0 Be sure to transfer these totals to the Summary page(Form 300A)before you post it. a g*o 2' E c ° v;5 cd J d Public reporting burden for this collection of infomiation is estimated to average 14 minutes per response,including Ere o a 8 a E _` to review the instruction,search and gather the data needed,and complete and review the collection of information. .. a e, `m Persons are not required to respond to the collection of information unless it displays a currently valid OMB control co X o number. fryer'have any comments about these estimates or any aspects of this data collection,contact:US Department of tabor,OSHA Office of Statistics,Room N-3644,200 Constitution Ave.NW,Washington,DC 20210. Do not send the completed forms to this office. Page 1 of 1 (1) (2) (3) (4) (5) (6) OSHA's Form 300A (Rev.01/2004) Year 2016 Summary of Work-Related Injuries and Illnesses U.S.Department of Labor Occupational Safety and Health Administration Form egprovad OMe no.1218-0176 Alt estabh5hments covered by Part 1904 must complete this Summary page,even if no injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete Using the Log,count the individual entries you made for each category. Then write the totals below. Establishment information making sure you've added the entries from every page of the log. If you had no cases write 0.' Employees formeremployeas,and their representatives have the tight to review(he OSHA Form 300 in Your establishment name Corrosion Eliminators.LLC its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35,in OSHA's Recordkeeping rule,for further details on the access provisions for these forms. Street 1002 Hwy.337 Number of Cases City Mineral Wells State Texas Zip 76067 Industry description(e.g.,Manufacture of motor truck trailers) Total number of Total number of Total number of cases Total number of Sandblasting and Painting deaths cases with days with job transfer or other recordable away from work restriction Cases Standard Industrial Classification(SIC),if known(e.g..SIC 3715) 0 0 0 0 (G) (H) (I) (J) OR North American Industrial Classification(NAICS),if known(e.g.,336212) 3 3 2 8 1 2 Number of Days Employment Information Total number of Total number of days of days away from job transfer or restriction Annual average number of employees 18 wend, Total hours worked by all employees last D _ 0 year 33190 (K) (L) Injury and Illness Types Sign here Total number of... Knowingly falsifying this document may result in a fine. (M) (1) Injury 0 (4) Poisoning 0 (2) Skin Disorder 0 (5) Hearing Loss 0 I certify that I have examined this document and that to the best of my knowledge the entries are true,accurate,and (3) Respiratory Condition complete. 0 (6)All Other Illnesses D Renee LeClair Safety Coordinator Company executive Title 940-325.8450 x 102 10122/2010 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone Date Public reporting burden for this collecam of information is estimated to averale 58 minutes per response,including time to review the instruction,search and gather the data needed,and complete and re/rem tie collection of information.Persons are not required to respond to the collection of information unless it 6splays a currently valid OMB control number.gym have any comments about these eelrnates or wry aspects of Into data cotecion,contact:US Department of Labor,OSHA Ogee of Statistics.Room N-3644.200 Constitution Ave.NW.Washington,DC 20210.Do not send one completed tomes to this office. Attention: This form contains information relating to employee health and must be used in a manner OSHA s Form 300 (Rev.01/2004) that protects the confidentiality of employees to the Year 2017 extent possible while the information is being used Log of Work-Related Injuries and Illnesses for occupational safety and health purposes. U.S. Department of Labor Occupational Safety and Health Administration You must record information about every work-related injury or IIness that involves loss of consciousness,restricted work activity or job transfer,days away from work,or medical treatment Form approved OMB no.1218-0176 beyond first aid.You must also record significant work-related injuries and illnesses that are diagnosed by a physician or licensed health care professional You must also record work-related injuries and illnesses that meet any of the specific recording criteria listed in 29 CFR 1904.8 through 1904 12. Feel free to use two lines for a single case ifyou need to.You must complete an Establishment name Corrosion Eliminators,LLC injury and illness incident report(OSHA Form 301)or equivalent form for each injury or illness recorded on this form. If you're not sure whether a case is recordable,call your local OSHA office for help. City Mineral Wells State Texas identity ih4+._ �� •°' > .. < .- Describe the case , °�'��.:� sstfy the rage • Enter the number of (A) (B) (C) (D) (E) (F) CHECK ONLY ONE box for each case based on days the injured or ill Check the"injury"column or choose one type of Case Employee's Name Job Title (eg., Date of Where the event occurred(e.g. Describe injury or Illness,parts of body affected, the most serious outcome for that case: worker was: illness: No. Welder) injury or Loading dock north end) and object/substance that directly injured or made ^° ° onset of person ill(e.g.Second degree bums on right (M) illness forearm from acetylene torch) On job all, Days away (mo.lday) teaffl Remained at wu k AwaFrom transferor o o c rn J c from work restriction rn m o Job transfer Other record- Work (days) 2. o 'n'v m c or restriction able cases (days) € 0 rro o_ = a (G) (H) (I) (J) (K) (L) (1) (2) (3) (4) (5) (6) Page totals o 0 o o o - o 0 0 0 0 o 0 Be sure to transfer these totals to the Summary page(Form 300A)before you post it. v Z'o 3 E o._ o C p D 0 J N d Public repenting burden for this collection of information is estimated to average 14 minutes per response,including time o n o 0 = c to review the instruction,search and gather the data needed,and complete and review the colection of information. rr ° m Persons are not required to respond to the collection of information unless it displays a currently valid OMB control = o number. If you have any comments about these estimates or any aspects of this data collection,contact. US a Department of Labor,OSHA Office of Statistics,Room N-3544,200 Constitution Ave,NW.Washington,DC 20210. Do not send the completed forms to this office. Page 1 of 1 (1) (2) (3) (4) (5) (5) gas',,au: «:......:: „r„,.„; s �,: . n ,, .. '°.d __._..... _`x _t3 ..a..2.zt'�.i�f..>._ ..`�\.'+'.r. 'Y. i=: :' F»?a....,�....- �:5.." .arz;:,..; .. r';.`�`fu \� •r,:^&.j OSHA's Form 300A (Rev.0112004) Year 2017 Summary of Work-Related Injuries and Illnesses u.S.Department ofLabor Occupational safely and health AdminlHfatlon Form approved OMB no 1218.0176 All establishments covered by Part 1904 must complete this Summery page.even if no injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete Using the Log,count the individual entries you made foreach category. Then write the totals below, Establishment Information making sum you've added the entries from every page of the log. If you had no cases write'0.` Employees former employees,and their representatives have the right to review the OSHA Form 300 in Your establishment name Corrosion Eliminators.LLC Its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35,in OSHA's Recordkeeping rude,for further details on the access provisions for these forms. Street 1002 Hwy.337 Plumber 0}Cases City Mineral Welts State Texas Zip 76067 Industry description(e.g.,Manufacture of motor truck trailers) Total number of Total number of Total number of cases Total number of Sandblasting and Painting deaths cases with days with job transfer or other recordable away from work restriction cases Standard Industrial Classification(SIC).if known(e.g..SIC 3715) 0 0 0 0 (G) (H) (I) (J) OR North American Industrial Classification(NAILS),if known(e.g.,336212) 3 3 2 8 1 2 Number of Days Employment information Total number of Total number of days of days away from job transfer or restriction Annual average number of employees 43 wnrk Total hours worked by all employees last 0 0 year 32182 (K) (L) Injury and Illness Types Sign here Total number of... Knowingly falsifying this document may result in a fine. (M) (1) Injury 0 (4) Poisoning 0 (2) Skin Disorder 0 (5) Hearing Loss 0 (3) Respiratory I certify that I have examined this document and that to the best of my knowledge the entries are true,accurate,and complete. Condition 0 (6)All Other Illnesses 0 Renee LeClair Safety Coordinator Company executive Tide 940-325-8450 x 102 10222018 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone Date Pudic reporting burden for thiscolleclon of nfcrmaton is estimated to average 58 nmutesper response,ircWding Marto reviewthe instruction,search and gather the data needed,and corplete and review the collection of irdarmation.Personsale not required to respond tote collection of information unless It displays eminently valid OMB control number.If you have any comments about these estimates or any aspects of fhls datacollectlm,contact:LIS Department of Labs,OSHA Office of Statistics.Room N-3644,200 Cara4WGon Ave.NW,Washington.DC 20210.Do not send the completed forms to this office. Attention: This form contains information relating � to employee health and must be used in a manner ` *� OSHAe s Form 300 (Rev.0112��4} that protects the confidentiality of employees tothe Year 2018 extent possible while the information is being used Log of Work-Related Injuries and Illnesses for occupational safety and health purposes. U.S.Department of Labor Occupational Safety and Health Administration You must record intonation about every work-related injury or illness that involves loss of consciousness,restricted work activity or job transfer,days away from work,or medical treatment Form approved OMB no.1218-0176 beyond first aid.You must also record significant work-related injuries and illnesses that am diagnosed by a physician or foensed health care professional.You must also record work-related injuries and illnesses that meet any of the specific recording criteria fisted in 29 CFR 1904.8 through 1904.12.feet free to use two lines for a single case if you need to.You must complete an Establishment name Corrosion Eliminators,LLC injury and illness incident report(OSHA Form 301)or equiralent form for each injury or illness recorded on this form.If you're not sure whether a case is recordable,call your local OSHA office for help. City Mineral Wells State Texas `.`< 1,-,— 7,,P Describe the case1 .,.-?c .,g'`�.x "_ " ,b(-. i.- sttibi :`,a... „`s . ..:c7,0 , 'r/ ..ri f H z! #s ,',I .w._ ;. Enter the number of (A) (B) (C) (0) (E) (F) CHECK ONLY ONE box for each case based on days the injured or ill Check the"injury"column or choose one type of Case Employee's Name Job Title (e.g., Date of Where the event occurred(e.g. Describe injury or illness,parts of body affected, the most serious outcome for that case: worker was: illness: No. Welder) injury or Loading dock north end) and object/substance that directly injured or made ''' '',"qW''''''" '"-M '' ex''''MW40 2Kt= `ux :-''k, ;,, - : ,. ecau' onset of person ill(e.g.Second degree burns on right (M) y illness forearm from acetylene torch) a';‘,;,4„'. $°° + x On job g Away transferor E o ` (moJday) t R _. From restriction n o cC9 �, Job transfer Other record- Work (days) a, o a g Si _o or restriction able cases (days) - to a U a° (G) (H) (I) (J) (K) (L) (1) (2) (3) (4) (5) (6) 1 Joe Mendez Sandbalster 7/10/2018 Storage Tank Minor bum from blast hose ✓ 1 ✓ 2 Orlando Valley Sandbalster 9/20/2018 Storage Tank Finger caught in pulley system.Tom skin ✓ 0 ✓ Page totals o 0 0 0 t 0 0 0 0 0 0 0 Be sure to transfer these totals to the Summary page(Form 300A)before you post it. a o`o F c 8 2,e O J Publlo reporting burden for this collection of information is es&nated to average 14 minutes per response,including time o `o c _ to review the instruction,search and gather the data needed,and complete and review the collection of information. -5 z V e a10, 'w Persons are not required to respond to the collection of information unless it displays a currently vald OMB control co = o number. If you have any comments about these estimates or any aspects of this data collection,contact: US Department of Labor,OSHA Offite of Statistics,Room N3644,200 Constitution Ave,NW,Washington,DC 20210.Do not send the completed forms to this office. Page 1 of 1 (1) (2) (3) (4) (5) (6) OSHA's Form 300A (Rev.0112004) Year 2018 Summary of Work-Related Injuries and Illnesses U.S.Department of Labor Occupational Seery and HWitn Administration Farr,approved OMBno.1218-0176 All establishments covered by Part 1904 must complete this Summary page,even if no injuries or illnesses occurred during the year. Remember to review the Log to ye*that the entries are complete Using the Log,count the individual entries you made for each category. Then write the totals below, Establishment information making sure you've added the entries from every page of the log. if you had no cases write"O.' Employees former employees,and their representatives have the right to review the OSHA Form 300 in Your establishment name Corrosion Eliminators,LLC its entirety. They also have limited access to the OSHA Form 301 or Its equivalent. See 29 CFR 1904.35,in OSHA's Recordkeeping rule,for further details on the access provisions for these forms. Street 1002 Hwy.337 NumberCity Mineral Wells State Texas Zip 78087 of Cases Industry description(e.g.,Manufacture of motor buck trailers) Total number of Total number of Total number of cases Total number of Sandblasting and Painting deaths cases with days with job transfer or other recordable away from work restriction cases Standard Industrial Classification(SIC),if known(e.g.,SIC 3715) 0 1 1 0 (G) (H) (I) (J) OR North American Industrial Classification(NAICS),if known(e.g.,338212) 3 3 2 8 1 2 Number of Days Employment information Total number of Total number of days of days away from job transfer or restriction Annual average number of employees 28 Total hours worked by all employees last 1 0 year 22016 K (L) Injury and IWNss Types Sign here Total number of... Knowingly falsifying this document may result in a fine. (M) (1) Injury 2 (4) Poisoning 0 (2) Skin Disorder 0 (5) Hearing Loss 0 I certify that I have examined this document and that to the best of my knowledge the entries are true,accurate.and (3) Respiratory complete. Condition 0 (6)All Other Illnesses 0 Renee LeClair Safety Coordinator Company executive Title 940-325-8450 x 102 100 2/2018 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone Date Public reporting burden for this collection of information is es/rated to average 93 rrilutes per response,inctudng time to review the instruction,search and gaiter the data needed,and conptete and review tie catedion of Infamalon.Persons ere not required to respond to the colection of intonation unless i displays a currently vafd OMB control nunber.t you have any comments about these estimatesor any aspects of this data collection,contact US Depa,boem of Labor.OSHA Office of Statistics.Room N3644,2000ondi/Wen Ave.NW,Wadrnoton.DC 20210.Do nd send theoomoleted tams to thin office. 00500 AGREEMENT 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 of the da of in the year 20 IS. AGREEMENT made as �.l� ��P�C�-- C�'1. Y BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Corrosion Eliminators,LLC ("Contractor") 1002 Hwy.337 Mineral Wells,TX.76067 The Project is described as: Clearwell 2 GST Rehab 2019: Project includes interior and exterior coating replacement and incidental repairs as necessary. The Engineer is: Kit Perkins,P.E Senior Utility Engineer City of Round Rock (512)341-3145 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 The Contract Documents consist of this Agreement,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 7. ARTICLE 2 THE WORK OF THIS CONTRACT 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. 00500 4-2016 Page 1 of 5 Standard Form of Agreement 00307791 le—'2'1A2) (19(0 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. 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 Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than N/A ( N/A )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than one-hundred forty ( 140 )calendar days from issuance by Owner of Notice to Proceed, subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of five-hundred and No/100 Dollars($500.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial 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 Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement.It is 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.It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement,the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation,the recovery of actual damages.The date(s)specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than one hundred fifty ( 150 )calendar days from issuance by Owner of Notice to Proceed. 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 five hundred and one thousand,four hundred eighty dollars and no cents. ($501,480 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No X . Yes .If yes,please provide details below: 00500 4-2016 Page 2 of 5 Standard Form of Agreement 00307791 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer 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 Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth(10th)day of a month, Owner shall make payment to Contractor not later than the tenth(10th)day of the next month. If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. 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 entire 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 Engineer and Owner may require.This schedule,unless objected to by Engineer or 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. 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. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 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 final Certificate for Payment has been issued by Engineer. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's 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. 00500 4-2016 Page 3 of 5 Standard Form of Agreement 00307791 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary, Special,and other Conditions of the Contract are those contained in the Project Manual dated October 2018 7.1.4 The Specifications are those contained in the Project Manual dated October 2018 7.1.5 The Drawings,if any,are those contained in the Project Manual dated October 2018 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated October 2018 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated October 2018 7.1.8 If this Agreement covers construction 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. 7.1.9 Other documents,if any,forming part of the Contract Documents are as follows: At/ ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 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. 8.2 Owner's representative is: Jeff Bell 2008 Enterprise Dr. Round Rock,TX 78664 (512)218-7076 jbell@roundrocktexas.gov 8.3 Contractor's representative is: Wayne McElreath 1002 Hwy.337.Mineral Wells,TX.76067 214-985-2661 wayne@ceblast.com 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 00500 4-2016 Page 4 of 5 Standard Form of Agreement 00307791 8.6 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. 8.7 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. 8.8 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. 8.9 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. 8.10 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 three(3) original copies, of which one is to be delivered to Contractor, one to Engineer for use in the administration of the Contract,and the remainder to Owner. OWNER CONTRACTOR CITI O OUND ROC ,TEXAS Corrosion Eliminators,LLC ..,..°„- r- (_ Printed N me: £ 41tPJ tYlOtmt\I Printed Name: Mark LeClair Title MAVOr—I. Title: President Date Signed: ‘,/2• • Vb . 07 Date Signed: 12/3/2018 ATTEST: • g.4)64,A,.. am-- City Clerk FOR I T ,APPROVED • S TO FORM: 11/ , ,►P SC City Att 1 ney 00500 4-2016 Page 5 of 5 Standard Form of Agreement 00307791 1 • • t• 00600 INSURANCE AND CONSTRUCTION BOND FORMS BONDS AND INSURANCE INSTRUCTIONS Instruction Sheet 1. Insurance Company must be licensed by State of Texas. 2. Agent signing bonds must be licensed in Texas. 3. Agent signing bonds must have Power of Attorney on behalf of insurance company. 4. If Agent signing bonds has Power of Attorney, but not licensed in Texas, then the bond must be counter-signed by Texas local recording agent. ALL THE ABOVE INFORMATION CAN BE FOUND AT Texas Department of Insurance website-www.tdi.state.tx.us 5. Make sure the dollar amount on both Performance and Payment Bonds match the amount of the Agreement&Bid Form Sheet. 6. Both Performance and Payment Bonds should be signed by Authorized Person. If the contractor is a corporation, then it should be signed by the President or the Vice-President. If the contractor is not incorporated, then it may be signed by the Owner. Please state the title of the authorized person. CERTIFICATE OF LIABILITY INSURANCE Instruction Sheet 1. CERTIFICATE OF LIABILITY INSURANCE FORM The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard ACORD form. 2. PRODUCER and INSURED -Please list name, address,phone number and e-mail. 3. COMPANIES AFFORDING COVERAGE — TDI number required. The TDI number can be obtained from the Texas Dept of Insurance Website: http://www.tdi.state.tx.us/.—Company Lookup. N=Exception to this rule.In certain instances where there is unusual risks involved,Surplus Lines Insurance Carriers can be used.Below are the guidelines: a. Insurance Company does not have to be"licensed in Texas",but they do have to be"eligible for a Texas license." Please verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/.—Company Lookup b. Policy has to be written by licensed surplus lines Agent. Also verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/-Agent Lookup 4. TYPES OF INSURANCE COVERAGE— CONSTRUCTION CONTRACT: Please double check the General Conditions and the Supplemental General Conditions for the types and amounts of insurance required. The Supplemental General Conditions usually state the following: a. Business Automobile Liability Insurance b. Workers' Compensation and Employers' Liability Insurance c. Commercial General Liability Insurance d. Builders' Risk Insurance— (Generally required for all "vertical" construction. Check with Project Manager for requirements.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering Service Contracts usually require"professional liability insurance".) 5. EFFECTIVE DATE & EXPIRATION DATE Please make sure dates are current. 6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except Workers Compensation and Builders Risk). 7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of any changes, cancellation, etc. at least thirty(30)days prior to date of change. 8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be found on the Texas Department of Insurance website—www.tdi.state.tx.us—Agent Lookup. Bond No. 4402369 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Corrosion Eliminators, LLC of the City of Mineral Wells , County of Palo Pinto , and State of Texas , as Principal, and FCCI Insurance Company authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Five Hundred One Thousand, Four Hundred Eighty Dollars and no/100 Dollars ($ 501,480 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the '>'' day of , 201Qj to which the Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Clearwell 2 GST Rehabilitation 2019 (Name of the Project) NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00610 7-2009 Performance Bond 00090656 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 6-14- day of yyl , 20 / . Corrosion Eliminators, LLC FCCI Insurance Company Principal Surety itUrk, 12CV14A✓ Staci Gross Printed Name Printed Name By: y: _ Title: PY" 6 I 4..eV%+ Title: Attorney-in-Fact Address: 1002 HVVY 337 Address: 2435 N. Central Expressway, Ste 1000 Mineral Wells, Texas 76067 Richardson, Texas 75080 Resident Agent of Surety: • at e Josh Andrajack Printed Name 701 Lamar Street Address Wichita Falls, Texas 76301 City, State &Zip Code Page 2 00610 7-2009 Performance Bond 00090656 Bond No. 4402369 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMS ON § That Corrosion Eliminators, LLC , of the Cityof Mineral Wells Countyof Palo Pinto , and State of Texas as Principal, and FCCI Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Five Hundred One Thousand, Four Hundred Eighty Dollars and no/100 Dollars ($ 501,480 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally, by these presents: WHEREAS, the Prince al has entered into a certain written Agreement with the Owner, dated the if2A',- day of , 201 Qj, to which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Clearwell 2 GST Rehabilitation 2019 (Name of the Project) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 7-2009 Payment Bond 00090656 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the tsaid,Principal and Surety have signed and sealed this Instrument this 5-16/ day of , 20 10. Corrosion Eliminators, LLC FCCI Insurance Company Principal Surety ('MJ\ Le-Wi✓ Staci Gross Printed Name Printed Name _ I By: E y: Q et./ • ''VSi Title: deN-fr Ti . Attorney-in- act Address: 1002 HWY 337 Address: 2435 N. Central Expressway, Ste 1000 Mineral Wells, Texas 76067 Richardson, Texas 75080 Reside t Agent of Surety: Af—P Signature Josh Andrajack Printed Name 701 Lamar Street Address Wichita Falls, Texas 76301 Page 2 00620 7-2009 Payment Bond 00090656 10-00076800 JI( (:':J INSURANCE GROUP More than a policy.A promise. GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the"Corporation")does make, constitute and appoint: Staci Gross; Garland Martin; Robbie Martin; Josh Andrejeck Each, its true and lawful Attorney-In-Fact, to Make,:execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of(not to exceed $7,500,000): $7,500,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by.the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any hind, undertaking or contract of surety to which it is attached. In witness whereof,the FCCI Insurance Company has caused these presen s to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 25TH day of Setem)ber , 2016. Attest: o�Irt Ytt9Ar 'st$y Crai hn n, President u-f SEAL Thom . Koval Esq., EVP,Chie Officer, FCCI nsur ce Company „K„ Gov meat Affairs and Corporate Secretary FCC(Insurance Company: State of Florida County of Sarasota Before me this day personally appeared Craig Johnson, Who it personally known to me end who executed the foregoing document for the purposes expressed therein. # Arlene Arauo My commission expires: 9/25/2020 * '* b'�uof a/4r-- e/Of- •V O 1077 '`r»i Co 090sr,O Notary Public State of Florida County of Sarasota Before me this day personally appeared Thomas A. .K oval, :Esq., Who is personally: known to me and Who executed the foregoing document for the purposes expressed therein. •♦ Anti,Macao My commission expires: 9/25/2020 * *uoar,wsioatN 43 19777 Caavninia�NoaCi 197t7 Commisoo Eviler 0905rs4 Notary Public CERTIFICATE I, the undersigned Secretary of FCCI Insurance Company,a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 24, 2011 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this day tsf Thoma . Koval, Est1.,EVP, "ef Legal Officer, Gov ent Affairs and Corporate:Mary 1-10NA-3592-NA-04, 8/10 _ _ _ o oFs oJ1ti DocuGard d04546 contains a security Wtogtaph,blue background heat-sensitive ink,coin-reactive watermark.and microtextiotinting orkborder �A7cAo IMPORTANT NOTICE To obtain information or make a complaint: You may call FCCI Insurance Group's (FCCI)*toll-free telephone number for information or to make a complaint at 1-800-226-3224. You may also write to FCCI Insurance Group Compliance Department e-mail at StateComplaints(a�fcci-group.com. For Claims, you may write to FCCI Insurance Group Claim Department e-mail at newclaimCa7fcci-group.com. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance: PO Box 149104 Austin TX 78714-9104 Fax: 1-512-475- 1771 Web: http://wwvv.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact FCCI first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or condition of the attached documents. *The FCCI Insurance Group includes the following insurance carriers: Brierfield Insurance Company, FCCI Advantage Insurance Company, FCCI Commercial Insurance Company, FCCI Insurance Company, Monroe Guaranty Insurance Company,and National Trust Insurance Company. 1-BD-TX-21690-NTP-1 1-12 Page 1 of 1 Copyright 2012 FCCI Insurance Group. ARD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �.� 11/29/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Independent Insurance Group PHONE FAX 3030 LBJ Freeway Ste. 1300 (NC,No.eXq: 972-231-8277 (A/C,No):9722318291 Dallas TX 75234-7004 E-MAIL certs@indinsgrp.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Colony Insurance Company 39993 INSURED INSURER B Corrosion Eliminators 1002 Hwy 337 INSURER C Mineral Wells TX 76067 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:1747746665 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -ADDL-SUBR POLICY EFF POLICY EXP L7R TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY PACEP4223300 10/22/2018 10/22/2019 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X E� LOG PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY , AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR EXC4223301 10/22/2018 10/22/2019 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ $ WORKERS COMPENSATION . PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N S A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Pollution PACEP4223300 10/22/2018 10/22/2019 Each Condition Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) General Liability:Blanket Additional Insured Owners,Lessees or Contractors EPACE 101-0814;Blanket Additional Insured Owners,Lessees or Contractors Completed Operations EPACE 100-0814;Blanket Primary and Noncontributory EPACE 107-0714;Blanket Waiver of Subrogation EPACE 113-0714; Designated Project(s)General Aggregate Limit EPACE 001-0415;Designated Entity-Notice of Cancellation Provided By Us City of Round Rock Texas is an additional insured in regards to General Liability and Auto Liability as required by written contract subject to the above referenced forms.30 day notice of cancellation except 10 day notice for nonpayment of premium in favor of City of Round Rock Texas as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock Texas 221 E Main St Round Rock TX 78664 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ARD� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 11/29/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Swingle, Collins&Associates PrAiorEie FAX 13760 Noel Road, Suite 600 (A/C,No,Ext):972-387-3000 (A/C,NO 9723873808 Dallas TX 75240 E-MAIL services@swinglecollins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Texas Mutual Insurance Co 22945 INSURED CORRELI-01 Corrosion Eliminators, LLC INSURER B 1002 Highway 337 INSURERC: Mineral Wells TX 76067 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:1203256795 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT\MTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ANgR Sip POLICY NUMBER (MM/DD/YYYY)POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ • PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRLOC $ JE& AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION Y 0001319041 1/26/2018 1/26/2019 XRe WCSTATU- OTH- ANDEMPLOYERS'LIABILITY Y/N TORY LIMITS. ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Waiver of Subrogation applies as respects Workers Compensation as required by written contract. RE:City Of Round Rock. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock 221 East Main Street Round ROCK TX 78664 AUTHORIZED REPRESENTATIVE Frank Swingle ' V ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ut PTexasm Insurance Company WORKERS'COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent Copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: SEE ENDORSEMENT WC 99 03 01, GENERAL CHANGE FORM. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 0210212017 at 12:01 a.m.standard time,forms a part of: Policy No.0001319041 of Texas Mutual Insurance Company effective on 01/26/2017 Endorsement No. 0001 Issued to: CORROSION ELIMINATORS LLC 4 __.///L/J n Premium: $42.00 - Authorized Representative NCCI Carrier Code:29939 02108/2017 PO Box 12058,Austin,TX 78711-2058 ••:r 1 of 1 (800)859-5995 I Fax(800)359-0650 I texasmutual.com WC 42 03 04 B ARD CERTIFICATE OF LIABILITY INSU - ` NCE DAM(MMIDD/YYYY) L....***.'-'. 11/29/2018 ________ _ - - ,---, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policyQes)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AMANDA COLWELL NAME; Stat: F r APRIL MARTIN INS.AGENCY,INC. aON 9403251352 No 9403259452 110 SE 13TH AVE .AE AMANDACOLWELL@APRILMARTIN ORG DR INSURER(SZ_AFFORDINCaCOVERAOE NAIC# MINERAL WELLS D( 76067 INSURER a: State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER 6 CORROSION ELIMINATORS LLC INSURER C: 1002 HIGHWAY 337 INSURER o: INSURER E MINERAL WELLS TX 76067 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NsR ...... __ ---. ... - _.ADULSUB,R _ � ... ,- - IUC1fEFF POLICY EXP LTR TYPE OF INSURANCE tptisQ �:yy POLICY NUMBER _ (M POMIDD/YYYY)r�MMIDD/YYYYI IJMITS LIABILITY ' COMMERCIAL GENERAL ABILITY - I EACH OCCURRENCE $ ' CLAIMS-MADE ,OCCUR � - - ' 1 1AMA1OJ1W ESES(Ea�occurt'ence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY GEN'LAGGREGATE LIMIT APPLIES PER: ! GENERAL AGGREGATE $ POLICY 5'If [_ ,LOC PRODUCTS-COMP/OP AGG $ $ OTHER: _... . I COMBINED SINGLE LIMIT AUTOMOBILE uneIurr Y Y 376 6009 11/03/2018 11/03/2019 Ea accident $ 1,000,000 ANY AUTO i BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) 3 AUTOS ONLY AUTOS $, HIRED NON-0WNED ! PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY , (Per accident) 5 ' LABUMBRELLA LB .00CUR I _ EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION ! PER STATUTE ER R/ H AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNEE7(ECUTIVE Y I N i .L E .EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A i (Mandatory in NH) E.L.DISEASE-EA EMPIOYEd$ If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ADDITIONAL INSURED AND WAIVER OF SUBROGATION IN FAVOR OF CITY OF ROUND ROCK CERTIF ICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF ROUND ROCK TEXAS ACCORDANCE WITH THE POLICY PROVISIONS. 221 E MAIN ST AU i. .REPRES,". 1VE.. AT ROUND ROCK TX 78664 / t/JL _ 1 _ __ __________ _ _ ._ _ , _ _ _. _ A . O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.12 03-1 Cr2018 00700 GENERAL CONDITIONS � | \ � City of Round Rock Contract Forms � General Conditions Section 00700 | | \ < TABLE OF CONTENTS OF GENERAL CONDITIONS | ` Article / Page Number, /'� Number / 1. DEFINIT.,N.------------------------------------------------' ' | ^ PRELIMI `AR.M.lTER`.'--.----.'---..'---'-..-.-------..___________--.5 . CONT CT DO.,NEnT.. .uT.ur.AM[,/IN.. +Fn,E------------------------/ 4. OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS...@@@---------------------------------'8 , BONDS '`n^ IU.n_/.N,+----------------------------------------''`: , CONTw CTOR'S P[.P.N.IBI(|I.'-_________________---------________15 T OTHER '' ORK----_-----___-__________________---------______' . OWNERS [[.P.n.I,,L]I(_---------__---------------------------''^4 9. ENGINE -F..P.HIT...T'S ,TAT,. Dn.iN. ."u.|/o.T."n---------------------24 10, CHANG S IN THE WORK---- magmas mammas Monson -omegas gnomon monsoon someone owns Mae---- Newsome amasses---------'`6 11. CHANGE OF .OyTFA`T Am"UNT------___________-------------------.7 128 CHANGE OF,v1T[A,T l!|4E.----__-___________-------------------'` 130 TESTS A ND INSPECTIONS;AND CORRECTION OR RE OVAL,F o[FE,T}.E u/OP.----___________-------------------''` / 146 PAYME TS TO CONTRACTOR AND COMPLETION onessameneseene wages onesseemennes nonage 33 15. SUSPE),IO, .../"P.An,T..N/.AT/,........'......''''''''''''''''' / / 16. DISPUT RESOLUTION------------ nemeses __oneness weapons --.----monsoon-- Osseo anemone someone ..'.' | 1/ RIGHT |0 AUDIT-------senses nauseam --_-gaseous newsman ____anemone anemone _-anemone -----------4` | 180 MISCEL' ^NEOUS.. -----------------__-------------------------.4' | ' | ) 00700 11=20 17 Page I General Conditions 00162837 � i | 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. 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 00700 11-2017 Page 2 General Conditions approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams. Shop Drawings are not Drawings as so defined. 1.16 Engin er/Architect(E/A)-The OWNER's design professional identified as such in the Contract. The titles of "Architect/E gineer," "Architect" and "Engineer" used in the Contract Documents shall be read the same as Engineer/Arch tect (E/A). Nothing contained in the Contract Documents shall create any contractual or agency relationship b tween E/A and the CONTRACTOR. 1.17 Equal,r 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 çrder-A written order issued by Owner's Representative which orders minor changes in the Work and which dos 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 hs been attained and a Certificate of Acceptance approved by the OWNER is issued. 1.21 Final ompletion-The stage in the progress of the Work when, in the OWNER's opinion, the entire Work has been com leted,the CONTRACTOR's obligations under the Contract Documents have been fulfilled, and the OWNER is p ocessing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of Acceptance a proved 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 fllowing are recognized by the OWNER: Holiday Date Observed New Year's Day January 1 Marti 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 Frida after Friday after Than sgiving Thanksgiving 00700 11-2017 Page 3 General Conditions Christmas Eve December 24 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 falls 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 Project 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. 00700 11-2017 Page 4 General Conditions 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. 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 Workiiig Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not 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-FRELIMINARY 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 Certificates) and other documentation required for execution of the Contract. 00700 11-2017 Page 5 General Conditions 2.2 Copies of Documents: The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise specified. 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; .8 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. 00700 11-2017 Page 6 General Conditions 2.5 Precoistruction Conference: Prior to commncement of Work at the site,a preconstruction conference attended by the CONTRACTOR,Owner's Representative and others will be held. 2.6 Initial) Acceptable Schedules: Unless othe ise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's Representativ: on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first progress pay gent 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, s heduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTO 's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample submissions ust provide an arrangement agreeable to the parties for reviewing and processing the required submittals. ARTICLE 3- e ONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.1 Intent 3.1.1 The in ent of the Contract Documents is to include all information necessary for the proper execution and completion of t e Work by the CONTRACTOR. The Contract Documents are complementary, and what is required by one shall b:- as binding as if required by all. In cases of disagreement, the following order of precedence shall govern (top ite receiving priority of interpretation): Signe Agreement Adden a to the Contract Documents Speci I Conditions Suppl mental General Conditions Gener I Conditions Other idding Requirements and Contract Forms Sped I Provisions to the Standard Technical Specifications Speci I Specifications Stand rd Technical Specifications Drawi gs(figured dimensions shall govern over scaled dimensions) Projec Safety manual, if applicable 3.1.2 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meaniigs 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 to the performance of the Work or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall 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: 00700 11-2017 Page 7 General Conditions 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. .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 E/A or EtA'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 will 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 00700 11-2017 Page 8 General Conditions recommend a equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative determines th:t the conditions at the site are not materially different from those indicated in the Contract Documents and that no c ange in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating the reasons. 'A ny disputes arising from Owner's Representative's determination shall be resolved in accordance with Article 16. 4.2.3 Notwi hstanding any other provision of this Contract,the CONTRACTOR shall be solely responsible for the location and c rotection of any and all public lines and utility customer service lines in the Work area. For the purposes of t is section,"public lines"means the utility distribution and supply system within public rights-of-way or easements, a d "utility customer service lines" (service) means any utility line connecting a utility customer to the utility distributon system. Generally, existing service connections within right-of-way or easements are not shown on the Drawin.s. The CONTRACTOR shall notify the OWNER and"One Call"and exercise due care to locate and to mark, unco er or otherwise protect all such lines in the construction zone and any of the CONTRACTOR's work or storage a eas. The CONTRACTOR'S obligation hereunder shall be primary and nondelegable. The CONTRACTO R shall indemnify or reimburse such expenses or costs (including fines that may be levied against the OWNER) hat may result from unauthorized or accidental damage to all public lines and utility customer service lines in the W'rk area. The OWNER reserves the right to repair such damage the CONTRACTOR may cause, at the CONTRAS TOR's expense. 4.2.4 The •ONTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities of archaeolog cal, 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 u expectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's Representativ and the Texas Department of Antiquities Protection of their presence and shall not disturb them until written p rmission and permit to do so is granted. All primitive rights and antiquities uncovered on the OWNER's pr•perty shall remain property of the State of Texas, the Texas Department of Antiquities Protection conforming to he Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department o'Antiquities Protection,that exploration or excavation of primitive records or antiquities on Project site is necessary t• avoid loss, the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppa.e or salvage work causes an increase in the CONTRACTOR's cost of, or time required for, performance if the Work, the Contract Amount and/or Contract Time may be equitably adjusted. 4.3 Refer nce Points: Unless othe ise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points 1 hich,in the OWNER's opinion,are suitable for laying out the Work. Such benchmarks and reference points will be ',laced at intervals not to exceed 1,500 feet. All reference .oints, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTO by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTO or its employees, such reference points, benchmarks, survey monuments, and control points shall be replaced b ',a Registered Professional Land Surveyor at the CONTRACTOR'S expense. When reference points, benchmarks, urvey monuments, or control points are in conflict with the Work, then reestablishment will be the OWNER's res.onsibiIity during or upon completion of the Work. 4.4 Hazar.ous Materials: 4.4.1 The O NER shall be responsible for any hazardous material uncovered or revealed at the site which was not shown, in.icated or identified in the Contract Documents to be within the scope of the Work and which may present a sub tantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRALTO' shall immediately notify Owner's Representative of any suspected hazardous materials encountered .efore 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. 00700 11-2017 Page 9 General Conditions 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. 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's/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 has been extended. 5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the OWNER: 00700 11-2017 Page 10 General Conditions .1 a ertificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have o file certificates of coverage showing coverage for all persons providing services on the Project; and .2 n• later than seven(7)days after receipt by the CONTRACTOR,a new certificate of coverage showing e ension of coverage, if the coverage period shown on the current certificate of coverage ends during th duration of the Project. 5.2.6 The C•NTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one(1)year t ereafter. 5.2.7 The C•NTRACTOR 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 a y 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 CbNTRACTOR shall contractually require each person with whom it contracts to provide services on a Project to: .1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; .2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; .3 pr vide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage s owing extension of coverage, if the coverage period shown on the current certificate of coverage e ds during the duration of the Project; .4 o tain from each other person with whom it contracts, and provide to the CONTRACTOR: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 retain all required certificates of coverage on file for the duration of the Project and for one (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 CONTRALTO is representing to the OWNER that all employees of the CONTRACTOR who will provide services 00700 11-2017 Page 11 General Conditions 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. 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+Vll 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, 00700 11-2017 Page 12 General Conditions 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. .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 Bus ness Automobile Liability Insurance. Pro ide 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. Pro ide 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 Wo kers'Compensation and Employers' Liability Insurance: Cov rage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Se.tion 401). CONTRACTOR shall assure compliance with this Statute by submitting two (2)copies of a st:ndard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person pro iding services on the Project as acceptable proof of coverage. The required Certificate of Insurance mus be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance cov;rage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's poli.y shall apply to the State of Texas and include these endorsements in favor of OWNER: a) aiver of Subrogation, form WC 420304; and b) 0 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. 00700 11-2O17 Page 13 General Conditions 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. d) Independent Contractors coverage. e) Aggregate limits of insurance per project, endorsement CG 2503. f) OWNER listed as an additional insured, endorsement CG 2010. g) 30 day notice of cancellation in favor of OWNER, endorsement CG 0205. h) 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 terminated in 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. 00700 11-2017 Page 14 General Conditions .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 less 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 DaysI40 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 5')/0 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 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 Pa ment 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- ONTRACTOR'S RESPONSIBILITIES 6.1 Supe ision and Superintendence: 6.1.1 The Cs NTRACTOR shall supervise, inspect and direct the Work competently and efficiently,devoting such attention ther;to and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con Bract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the CONTRACTO shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. he CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract I:ocuments. 6.1.2 The C•NTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume of the proposHd Superintendent to Owner's Representative showing evidence of experience and successful superintenden e 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 all.wed 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 Superintende t, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed ne Superintendent. A qualified substitute Superintendent may be designated in the event that the designated Su•erintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's Representativ;L. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the Superintenden 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 S perintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the 00700 111;2017 Page 15 General Conditions 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 all times maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR shall pay workers no less than the wage rates established in Section 00900, 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 of the OWNER furnish or utilize a substitute means, method, technique, 00700 11-2017 Page 16 General Conditions sequence, or rocedure of construction. The CONTRACTOR shall submit sufficient information to Owner's Representativ to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is equivalent to t at expressly called for by the Contract Documents. 6.2.4.3 OWN Ks Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or su mittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole judge of accep ability. No"approved equal"or substitute shall be ordered, installed, or utilized until the OWNER's review is corn•lete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. T e OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance g 1 arantee 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 CONT A CTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equ.I"or substitute item will be at the CONTRACTOR's expense. 6.2.5 The C( NTRACTOR 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 agreements. The CONTRA TOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits against Suppli rs for illegal price fixing. 6.3 Progr ss Schedule: Unless otherw se directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragrap 2.6 as it may be adjusted from time to time as provided below: .1 T e CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in th progress schedule that will not change the Contract Times or Milestones. Such adjustments will c nform generally to the progress schedule then in effect. .2 P •posed adjustments in the progress schedule that will change the Contract Times or Milestones shall b z submitted in accordance with the requirements of Article 12. Such adjustments may only be made b a Change Order or Time Extension Request in accordance with Article 12. 6.4 Conc rning Subcontractors, Suppliers and Others: 6.4.1 Assig ment: 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 Await! 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 o section. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other perso s or organizations it will use in the Work, and such list must be provided prior to the preconstruction conference. Mould the OWNER have objections,the OWNER will communicate such objections by Written Notice. If the OWNE ' requires a change without good cause of any Subcontractor, person or organization previously accepted by •WNER,the Contract Amount may be increased or decreased by the difference in the cost occasioned by any such c ange, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute any Subcontr ctor, person or organization that has been accepted by the OWNER, unless the substitute has been accepted in w iting by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person or organizatio shall constitute a waiver of any right of the OWNER to reject defective Work. 6.4.3 The ONTRACTOR 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 benefi of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall be adhered t by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract 00700 1 -2017 Page 17 General Conditions 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 E/A 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. 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. 00700 11-2017 Page 18 General Conditions .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 or E/A 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 ofair pollution. 6.7.3 If the ONTRACTOR performs any Work knowing or having reason to know that it is contrary to laws or regulations, th n the CONTRACTOR shall bear all claims, costs, losses and damages arising therefrom; however, it shall not be she CONTRACTOR'S primary responsibility to make certain that the Specifications and Drawings are inaccordancH with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR'S obligations un.er Article 3. 6.8 Taxe-: 6.8.1 The ONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRALTO' in accordance with the laws and regulations of the State of Texas. 6.8.2 The 0 NER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and is thereby exe pt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas Tax Code, an. Article 1066 (C), Local Sales and Use Tax Act, Revised Civil Statutes of Texas. 6.9 Use o Premises: 6.9.1 The C•NTRACTOR shall confine construction equipment,the storage of materials and equipment and the operations of ' orkers to the site and land and areas identified in and permitted by the Contract Documents and other land an 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 CONTRALTO shall assume full responsibility for any damage to any such land or area, or to the owner or occupant ther of or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by ny such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly sett) 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, Elks consultants and anyone direct) or indirectly employed by any of them from and against all claims, costs, losses and damages (including cou costs and reasonable attorneys'fees) arising out of or resulting from any claim or action, legal or equitable, bro ght by any such owner or occupant against the OWNER, E/A or any other party indemnified hereunder to tlie extent caused by or based upon performance of the Work or failure to perform the Work. 6.9.2 Durin the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free from accumultions of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CO TRACTOR 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. 00700 11-2O17 Page 19 General Conditions 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 E/A 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 liability for damage, injury or loss. 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 E/A, or E/A's 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. 00700 11-2017 Page 20 General Conditions 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 E/A, 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. 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 E/A; .2 recommendation of any progress or final payment by Owner's Representative; 00700 11-2017 Page 21 General Conditions .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 .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: 00700 11-2017 Page 22 General Conditions 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. 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 and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only out 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 delays, 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 contactor 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 wh n directed to do so. The CONTRACTOR shall make any revisions to the construction schedule 00700 1 -2017 Page 23 General Conditions 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 delay in the orderly progress of the Work. 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 E/A 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 EtA under the Contract Documents, or under any agreement between the OWNER and E/A, or any undertaking, exercise or performance thereof by E/A, 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 E/A 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 00700 11-2017 Page 24 General Conditions object to or c.ndemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and ully perform the Contract. 9.1.3 E/A I. not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or o any other person or organization performing or furnishing any of the Work. 9.1.4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying documentatio and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,tets and approvals and other documentation required to be delivered by Article 14,but only to determine generally tha their content complies with the requirements of, and in the case of certificates of inspections, tests and approval- that the results certified indicate compliance with,the Contract Documents. 9.1.5 The I mitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's Consultants, esident Project Representative and assistants. 9.2 E/A - Owner's Representative: 9.2.1 E/A ay be designated as Owner's Representative under paragraph 8.1. 9.3 Visit- to Site: If the OWNE- so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction as is necessa in order to observe as an experienced and qualified design professional the progress that has been made and thequaIity of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such isits 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. E/A will not be required to make exhaustive or continuous on-site inspe'tions to check the quality or quantity of the Work. EtA's efforts will be directed toward providing for the OWNER greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of s ch visits and on-site observations, 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 limit:tions on EtA's authority and responsibility set forth in paragraph 9.1. 9.4 Proj ct Representative: If the OWNE" and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more continuous o.servation of the Work. The responsibilities and authority and limitations of any such Resident Project Representati e 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 the site who is not E/A, E/A's consult.-nt, agent or employee. 9.5 Clar ications and Interpretations: E/A may detrmine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of d awings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the inten t 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 CONTRACT'R believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contra t Times,the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12. 9.6 Reje cting Defective Work: E/A will reco I mend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes will not produce .. completed Project that conforms to the Contract Documents or will prejudice the integrity of the design conce't of the completed Project as a functioning whole as indicated by the Contract Documents. 00700 1 -2017 Page 25 General Conditions 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. 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. 00700 11-2017 Page 26 General Conditions 10.4 Field (9 rder: 10.4.1 Owne 's Representative may authorize minor variations in the Work from the requirements of the Contract Documents w ich do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the desig 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 ONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount and/or Contras t Times, the CONTRACTOR shall make written request to Owner's Representative for a Change Order. Any re•uest by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writin.! prior to beginning the work covered by the Field Order. 10.5 No D.mages for Delay: The CONTRA TOR shall receive no compensation for delays or hindrances to the Work. If delay is caused by specific order given by the OWNER to stop work or by performance of extra Work or by failure of the OWNER to provide inform:tion,access to the work,material or necessary instructions for carrying on the Work,then such delay will entitle the ONTRACTOR to an equivalent extension of time, the CONTRACTOR's application for which shall, however, be s bject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its prformance bond from all the CONTRACTOR's obligations hereunder which shall remain in full force until discharg of the Contract. ARTICLE 11 -CHANGE OF CONTRACT AMOUNT 11.1 The C•ntract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by th= OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 11.2 The o iginal Contract Amount may not be increased by more than twenty-five percent(25%)and it may not be decreased ore than twenty-five percent(25%)without the consent of the CONTRACTOR to such decrease. 11.3 The •ontract Amount shall only be changed by a Change Order. Any claim for an adjustment in the Contract Amo I nt shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no eve t later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim and stating th, general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered withi, thirty(30)calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjust' ent claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If th e OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Amount shall t e determined as set out in Article 16. 11.4 Deteri ination of Value of Work: 11.4.1 The va lue of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Amount will b= determined by one or more of the following methods: .1 b application of unit prices contained in the Contract Documents to the quantities of the items involved. .2 b ' a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to p rmit evaluation. .3 b cost of Work plus the CONTRACTOR's fee for all overhead costs and profit(determined as provided in paragraph 11.5). 00700 1 -2017 Page 27 General Conditions 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 00900 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 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: 11.6.1 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). 00700 11-2017 Page 28 General Conditions 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 Eachriit 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 Majcir Item is any individual bid item in the Bid that has a total cost equal to or greater than five percent (5%) f 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 0 NER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in accordance wi h Article 11 if: .1 th actual quantity of any Major Item should become as much as twenty percent (20%) more than or tw, nty percent(20%) less than in the Bid; or .2 T e CONTRACTOR presents proper documentation contesting the accuracy of "plan quantity," and ner's Representative verifies quantity and determines original quantity is in error by five percent (5 o)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 u ed to price change proposals. Even after a Change Order Proposal has been approved, the CONTRACT° agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate, incomplete, nit current or not in compliance with the terms of this Agreement regarding pricing of change orders, then an appro riate contract price reduction will be made. 11.6.7 Pricin Information Requirements: The CONTRACTOR agrees to provide and require all subcontractors to provide a b eakdown of allowable labor and labor burden cost information as outlined herein. This information will be used t evaluate the potential cost of labor and labor burden related to change order work. It is intended that this infor ation represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost components. his 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 change order work. The ac uracy of any such agreed-upon labor cost components used to price change orders will be subject to later audit. pproved 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 •ontract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly execute by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the Contract Time (or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other party prompt! (but in no event later than thirty (30) calendar days) after the start of the occurrence or event giving rise to the del y and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be deliv red within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent tha 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 ,imes (or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Tim (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 t e CONTRACTOR, then no extension in time will be allowed. 00700 1 -2017 Page 29 General Conditions 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 all 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. .4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other unavoidable cause or causes beyond the CONTRACTOR's 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 not a justification for an extension of time. The following delineates the number of days per month for which, for purposes ontracts, 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 00700 11-2017 Page 30 General Conditions Novembe 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 far inspections,tests or approvals covered by paragraph 13.3.3 below; .2 for reinspecting or retesting defective Work; and .3 ai otherwise specifically provided in the Contract Documents. All testing laboratories shall be those selected by the OWNER. 13.3.3 If law$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 EIA'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. 00700 11-2017 Page 31 General Conditions 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). 13.7 Warranty period: 13.7.1 If, at any time after the date of Substantial Completion or such longer period of time 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. 00700 11-2017 Page 32 General Conditions 13.7.2 In sp;cial circumstances where a particular item of equipment is placed in continuous service before Substantial C.mpletion 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 OWN: R May Correct Defective Work: If the CONT CTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, or to remove :nd replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Doc ments, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER ' ay, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any such deficieney. If, in the opinion of Owner's Representative, significant progress has not been made during this seven(7)cale dar 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 ith 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 CON RACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employee ,the OWNER's other contractors,E/A and E/A's consultants access to the site to enable the OWNER to exercise th rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by t e OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Ord r will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. Such laims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of oth rs destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work. The C NTRACTOR shall not be allowed an extension of the Contract Times (or Milestones), or claims of damage beca se of any delay in the performance of the Work attributable to the exercise by the OWNER of the OWNER's rig ts and remedies hereunder. ARTICLE 14 PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Application for Progress Payment: 14.1.1 Not ore than once per month, the CONTRACTOR shall submit to Owner's Representative for review an Application fo Payment, in a form acceptable to the OWNER,filled out and signed by the CONTRACTOR covering the Work co pleted as of the date of the Application and accompanied by such supporting documentation as is required by th- 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. 14.1.3 Such -:pplications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Su•contractor or Supplier because of a dispute or other reason. 14.1.4 Ow er will not pay for materials or equipment not incorporated in the work but delivered and suitably stored at the .ite 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 Wher the original Contract Amount is less than$400,000, 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 etained until final payment, less all previous payments and less all sums that may be retained by the OWNER and=r the terms of this Agreement. Where the original Contract Amount is$400,000 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 final payment, less all previous payments and less all sums that ma, be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion a d delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained -mount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the 00700 1 -2017 Page 33 General Conditions 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.E 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: .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: 00700 11-2017 Page 34 General Conditions .1 dfective Work not remedied; .2 rasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; .3 •amage to the OWNER or another contractor; .4 r asonable 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 to submit monthly subcontractor reports; .11 tie CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up; dr .12 f:ilure 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 Ap.Iication for Payment. 14.5 Dela ed Payments: Should the 0' NER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment within thirty(3")calendar days after the day on which the OWNER received the mutually acceptable Application for Payment,the the OWNER will pay to the CONTRACTOR, in addition to the sum shown as due by such Application for Payment, nterest thereon at the rate of one percent (1%) per month from date due until fully paid, which shall fully liquidate ny injury to the CONTRACTOR growing out of such delay in payment. 14.6 Arrers: No money shil 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 deb , claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand or account, s ;all affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable, a.ainst the same. 14.7 Subs antial Completion: 14.7.1 If a 1 ertificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate sh Il 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 00700 1 -2017 Page 35 General Conditions 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 inspection with the CONTRACTOR and provide Written Notice of all 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: .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 filed 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 00700 11-2017 Page 36 General Conditions .6 Any other documentation called for in the Contract Documents. 14.11 Final Payment and Acceptance: 14.11.1 If, orp the basis of observation of the Work during construction, final inspection, and review of the final Application fr Payment and accompanying documentation as required by the Contract Documents, Owner's Representati 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 OWN R May Suspend Work Without Cause and for Convenience: At any time a d without cause and for convenience,the OWNER may suspend the Work or any portion thereof for a period of no more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix t e date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The ONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract Times,or bot ,directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor as provided i Article 11 and Article 12. 15.2 OWN R May Terminate Without Cause: Upon seven(')calendar days'Written Notice to the CONTRACTOR,the OWNER may, without cause and without prejudice to ny right or remedy of the OWNER, elect to terminate the Agreement. In such case, the CONTRACTS R shall be paid (without duplication of any items): .1 f•r completed and acceptable Work executed in accordance with the Contract Documents prior to the e ective date of termination; .2 f•r all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others. T e CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to itigate the OWNER's cost; and .3 f•r anticipated profits on entire Contract not previously paid. 00700 1 -2017 Page 37 General Conditions 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. If 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. 00700 11-2017 Page 38 General Conditions 15.4 CON RACTOR May Stop Work or Terminate: If through no -ct 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 Representati - fails to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar day after it is submitted, or(except during disputes)the OWNER fails for sixty(60)calendar days after it is submitted 'j o pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the CONTRACT',R may, upon seven(7)calendar days'Written Notice to the OWNER,and provided the OWNER does not remedy s ch suspension or failure within that time, terminate the Agreement and recover from the OWNER payment on t e same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without prejudice to a y other right or remedy, if(except during disputes) Owner's Representative has failed to forward for processing an mutually acceptable Application for Payment within thirty(30)calendar days after it is submitted, or (except dunn! disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the CONTRACTsR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7) calendar day ' Written Notice to the OWNER stop the Work until payment of all such amounts due the CONTRACTsR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the CONTRACTS R from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract Times or othe i ise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragr:ph. ARTICLE 16 '' DISPUTE RESOLUTION 16.1 Film , of Claims: 16.1.1 Claim 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, 8.6, 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 o event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim wit supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by :laimant and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled. 16.1.2 Withi thirty(30)calendar days of receipt of notice of the amount of the Claim with supporting data,Owner's Representati e 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 s�bmit additional supporting data requested by the other party; .2 odify the initial Claim; or .3 r;quest Alternative Dispute Resolution. 16.2 Alter l ative Dispute Resolution: 16.2.1 If a d spute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other avalabIe 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 be een representatives of each party within fourteen (14) calendar days of the request or such later period that th- parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously uninvolved se for level decision maker empowered to negotiate on behalf of their organization. The purpose of this and subsequ;nt meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall be concluded ithin thirty(30)calendar days of the first meeting, unless mutually agreed otherwise. This step may 00700 1 -2017 Page 39 General Conditions be waived by written agreement of both parties, in which event the parties may proceed directly to mediation as described below. 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 00700 11-2017 Page 40 General Conditions written agree ent between the CONTRACTOR and payee. Such requirements include a flow-down right of audit provision in co tracts with payees that also apply to subcontractors and sub-subcontractors, material suppliers, etc. The CONT CTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR's subcontractor to cooperate fully in furnishing or in making available to the OWNER from time to time whenever requested, in n expeditious manner, any and all such information, materials, and data. 17.1.3 The O'AINER'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 and/or 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.E It is alo understood and agreed by the CONTRACTOR that any solicitation of gifts or any other item of value by anyoie representing the OWNER is to be reported within two (2) business working days to the OWNER at the foIlowintelephone number: 512-218-5401. Failure to report any such solicitations or offers shall be deemed a material brech of contract entitling the OWNER to pursue damages resulting from the failure to comply with this provision. ARTICLE 18 MISCELLANEOUS 18.1 Venu-: In the event o any suit at law or in equity involving the Contract, venue shall be in Williamson County, Texas and the laws of th= state of Texas shall apply to Contract interpretation and enforcement. 18.2 Exte t 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 Cum lative Remedies: The rights an. 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 g arantees or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effecti e as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, rig t and remedy to which they apply. 18.4 Seve ability: 00700 1 �-2017 Page 41 General Conditions 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. 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 00700 11-2017 Page 42 General Conditions 00800 SUPPLEMENTAL GENERAL CONDITIONS City of Round Rock Contract Forms Supplemental General Conditions Section 00800 SUPPLEMENTAL GENERAL CONDITIONS TO AGREEMENT FOR CONSTRUCTION SERVICES The Supplemental General Conditions contained herein shall amend or supplement the General Conditions, Section 00700. ARTICLE 1 -DEFINITIONS 1.16 Engineer/Architect(E/A): Add the following: Name(Representative): Christopher"Kit"Perkins,P.E. Firm: City of Round Rock Address: 2008 Enterprise Drive City, State, Zip: Round Rock,Texas 78644 Telephone: (512)341-3145 Facsimile: (512)218-5536 Email: Perkins@roundrocktexas.gov 1.27 Owner's Representative: Add the following: Name: Jeff Bell Title: Senior Project Manager Address: 2008 Enterprise Drive City, State, Zip: Round Rock,Texas 78644 Telephone: (512)218-7076 Facsimile: (512)218-5536 Email: jbell@roundrocktexas.gov ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF five hundred AND NO/100 DOLLARS $500.00 PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS Page 1 00800 10-2015 Supplemental General Conditions 00090669 00900 SPECIAL CONDITIONS SECTION 01-INFORMATION 01-01 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five(5)counterpart(original signed) sets. The City will furnish to the Contractor two (2) sets of conforming Contract Documents and Specifications unless otherwise specified. 01-02 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the City. 01-03 LOCATION The location of work shall be as set forth in the Notice to Bidders and as indicated on the Plans. 01-04 USAGE OF WATER All water used during construction shall be provided by the City and shall be metered. The City shall specify the location from which the Contractor is to procure water.The Contractor shall be responsible for obtaining a bulk water permit from the City and providing all apparatus necessary for procuring, storing,transporting and using water during construction.The Contractor shall strive to use no more water than reasonable to perform the work associated with this Contract and shall avoid waste. The Contractor will be required to pay for all water used if it is found that waste is occurring during construction. SECTION 02-SPECIAL CONSIDERATIONS 02-01 CROSSING UTILITIES Prior to commencing the Work associated with this Contract, it shall be the Contractor's responsibility to make arrangements with the Owners of utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense,however,where such is not the case,the Contractor will cause such work to be done at his own expense. 02-02 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services while performing the Work associated with this Contract. Provision of said utility services shall be subsidiary to the various bid items and no additional payment will be made for this item. 00900-1-2016 Page 1 Special Conditions 02-03 WAGE RATES Wage Rates(Information From Chapter 2258,Texas Government Code Title 10) 2288.021.Duty of Government Entity to Pay Prevailing Wage Rates a. The State or any political subdivision of the State shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection(a)does not apply to maintenance work. c. A worker is employed on a public work for the purposes of this section if a Contractor or Subcontractor in the execution of a contract for the public work with the State, a political subdivision of the State or any officer or public body of the State or a political subdivision of the State, employs the worker. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body,or a Subcontractor of the Contractor, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A Contractor or Subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made,$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract.A public body awarding a contract shall specify this penalty in the contract. c. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 00900-1-2016 Page 2 Special Conditions 2258.051.Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the Contractor under the contract, except that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the Contractor has violated this chapter. Applicable wage rates to be used in Williamson and/or Travis County may be obtained from the U.S. Department of Labor website at the following web addresses: Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incidental to Highway) http://www.wdol.gov/wdol/scafiles/davisbacon/TX33.dvb?v=0 Construction Types: Heavy and Highway http://www.wdol.gov/wdoliscafiles/davisbaconJTX16.dvb?v=0 Construction Type: Building http://www.wdol.gov/wdol/scafiles/davisbacon/TX76.dvb?v=1 02-04 LIMIT OF FINANCIAL RESOURCES The City has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the City may be required to change and/or delete any items which it may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract,the City reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02-05 CONSTRUCTION REVIEW The City shall provide a project representative to review the quality of materials and workmanship. 02-06 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the City, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal 00900-1-2016 Page 3 Special Conditions shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 02-07 LAND FOR WORK Owner provides, as indicated on Drawings, land upon which work is to be done,right- of-way for access to same and such other lands that are designated for the use of the Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02-08 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of proposed improvements immediately notify engineer,who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing utilities and appurtenances as determined by the Engineer, the Engineer and Contractor will make relocation arrangements with the utility owner. The Owner will not be liable for delay costs or damages due to relocations of utilities which hinder progress of the work. 02-09 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans and such staking shall be satisfactory to the Engineer.The Contractor shall consult with the Engineer and Owners representative in the field for assistance as necessary. Sufficient staking materials and equipment shall be provided by the Contractor including but not limited to:paint, flagging, laths,hubs, blue tops, nails, hammers, measuring chains or tapes, transits and levels. The Contractor shall be responsible for setting and marking control and off-set points for measuring distances and angles, for shooting levels,and for any other items pertaining to construction staking. This item shall not be paid for separately and shall be considered subsidiary to other bid items. 00900-1-201 6 Page 4 Special Conditions SECTION 03-ACCESS AND TRAFFIC CONTROL Access shall be provided for the public and emergency vehicles at all possible times. When it becomes necessary to restrict access, the Contractor shall notify the Owner and coordinate with the Owner, all applicable agencies(i.e.Fire Department, E.M.S., Public Works, etc.), residents, and affected parties. If emergency access is required during the work and such access is being'hindered by the work, the Contractor will suspend the work if necessary, and otherwise endeavor to assist emergency personnel in accessing a location restricted by the work. Unless otherwise approved by the Engineer, at the end of each day all lanes of traffic shall be opened to the public. The Contractor shall ensure compliance at all times with the accepted Traffic Control Plan for the project and shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. These items shall be included in the bid item Traffic Control. 00900-1-2016 Page 5 Special Conditions 01000 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The Work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The Round Rock Standard Specification Criteria Manual is hereby referred to and included in this contract as fully and to the same extent as if copied at length herein, and shall be applied to this project unless modified elsewhere as discussed below. The aforementioned Criteria Manual is the"Standard Specifications"section of the City of Round Rock Design and Construction Standards. The Standard Specifications may be accessed from the City of Round Rock website (www.roundrocktexas.gov) at the following web address: www.roundrocktexas.gov/dacs. Any adjustments,alterations,or additional information regarding Governing Technical Specifications are contained in the Plans (Drawings), Details and Notes described in Section 02000 of the Project Manual or are included in Attachment A at the end of this Technical Specifications Section. ITEM 2 CONTROL OF WORK 2.01 CLEAN-UP 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the Engineer. The Contractor shall,at his own expense,maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets,due to the Contractor's operations, shall be immediately removed. Page 1 01000-7-2015 Technical Specifications 00193116 2.01.2 BACKWORK The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean-up and completion of back works from becoming excessive. Should such a condition exist,the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. 2.02 GRADING The Contractor shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the Engineer. ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the City's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer and City must be notified a minimum of 24-hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or City's representative. 3.03 CONSTRUCTION STAKING The Engineer shall furnish the Contractor reference points and benchmarks that,in the Engineer's opinion, provide sufficient information for the Contractor to perform construction staking. 3.04 PROTECTION OF STAKES,MARKS,ETC. All engineering and surveyor's stakes, marks,property comers, etc., shall be carefully preserved by the Contractor,and in case of destruction or removal during the course of this project, such stakes, marks, property comers, etc., shall be replaced by the Contractor at the Contractor's sole expense. Page 2 01000-7-2015 Technical Specifications 00193116 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES,PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right-of-way but only with approval of the Engineer. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the Engineer, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property comer monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The Contractor shall at his own expense,make arrangement for the disposal of surplus material, such as rock,trees,brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall,at his own expense,provide additional space as necessary for his operations and storage of materials. ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee,manufacturer,or dealer,such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the City to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to Page 3 01000-72015 Technical Specifications 00193116 establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper" or"equal to" are used,they shall be understood to mean that the item referred to shall be "proper",the "equivalent" of, or"equal to" some other item, in the opinion or judgment of the Engineer.Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer,and the Engineer will have the right to require the use of such specifically designated material, article or process. Page 4 O1OOO7-2O15 ' Technical Specifications 00193116 ATTACHMENT A SECTION 01000 TECHNICAL SPECIFICATIONS Clearwell No. 2 Ground Storage Tank Rehabilitation 2018 PART 1 - GENERAL 1.01 SCOPE A. This specification covers the minimum requirements for design, selection of materials, fabrication, repairs, inspection,testing, cleaning and coating of a welded carbon steel ground storage tank and is intended to supplement the minimum requirements of the applicable codes. This contract involves the corrosion related welding repairs/modifications to the roof and support members,new 30"x 30"roof hatch, additional aluminum roof vents, interior ladder repairs and complete coating removal and re-application of the interior and exterior surfaces on the 2,000,000- gallon steel ground storage tank known as the Clearwell No. 2 Ground Storage Tank constructed in 1986 by Advance Tank Company and owned by the City of Round Rock. The Contractor shall be responsible for all labor, materials and equipment necessary for the repairs, painting and disinfection of the interior and exterior tank surfaces. The work of this section includes the sediment removal, cleaning, repairs, appurtenance modifications, surface preparation and coating of all exterior and interior surfaces. It is the intent of these specifications that the Contractor shall perform the work on this tank in accordance with the following codes and specifications with emphasis on Execution under Part 3.02. See Part 3.12, for a more complete listing and description of work. B. The term "interior surfaces" shall refer to the inside of the tank proper, and all appurtenances located inside the tank (i.e. ladders, etc.) to include the interior side of all manholes, hatches, connections, interface of rafter to roof, etc. C. The term "exterior surfaces" shall refer to the outside of the tank proper and all appurtenances located outside of the tank including,valves,piping that are attached and next to the tank existing above grade. D. The term "roof' shall refer to the roof plate, roof structure and all related appurtenances comprising of the existing roof. E. The paints and painting products used for this project shall be manufactured by the Tnemec Corporation only. No other painting manufacturers will be allowed for use on this project. The contractor shall make arrangements for the Tnemec representative to attend the pre-construction conference. Containment of the work being conducted on the exterior during cleaning, surface preparation and painting operations will be required. Attachment A Pagel 1.02 PRE-CONSTRUCTION CONFERENCE A. The CONTRACTOR shall arrange a meeting to be held before work begins. The meeting will be held on-site with the following representatives present: 1) General CONTRACTOR and the CONTRACTOR'S SUPERINTENDENT who will be on the job, 2) OWNER, including Project Managers, and Inspectors, 3) Paint Subcontractor(if different from the CONTRACTOR), and 4)Paint manufacturer's representative. At this meeting the Specifications and CONTRACTORS work schedule will be reviewed in detail. It is the responsibility of the CONTRACTOR to notify all parties listed and to set up the meeting date and time. 1.03 SPECIFICATIONS AND STANDARDS A. Without limiting the general aspects of other requirements of these specifications, all work on the water storage tank shall fully conform to the requirements of the latest published editions of the following Standard Specifications. • AWWA D100 - Standard for Welded Carbon Steel Tanks for Water Storage. • AWWA D102—Standard for Panting Steel Water Storage Tanks. • AWWA C652—Standard for Disinfection of Water Storage Facilities. • AWS D 1.1 - Structural Steel Welding Code. • ASME Section IX—Boiler and Pressure Vessel Code. • NACE International--National Association of Corrosion Engineers. • SSPC—Steel Structures Painting Council. • ASTM—American Society for Testing and Materials. B. The Engineer's and Inspector's decision shall be final as the interpretation and/or conflict between any of the referenced specifications and standards contained herein. 1.04 CONTRACTOR A. The Contractor shall have a minimum of five (5) years experience and successful history in the AWWA D100 Water Storage Industry and application of the specified coatings product to surfaces of steel water tanks. The Contractor must be able to demonstrate experience through the coatings rehabilitation of at least five (5) Ground Storage Water Tanks greater than 80' in diameter, as part of the bid submittal on the Bidder's Qualification Statement Form. The Contractor shall not subcontract the coatings rehabilitation tasks but may hire a subcontractor to perform minor tank modification/repairs and a sub-consultant Structural Professional Engineer registered in the State of Texas to provide any required design drawings and state as such in the Bidder's Qualification Statement Form. The P.E. must demonstrate the design experience as required above in the Bidder's Qualification Statement form. B. The Contractor shall submit with his bid the following information. No bid will be considered unless this information is provided with the proposal. Attachment A Paget • A list of five Ground Storage Water Tanks with rafter supported roofs eighty (80) feet in diameter or greater within the last five years, including the owner, tank capacity and the Engineer. • Any P.E. sub-consultants to be employed on the project. • A written statement by the coatings manufacturer stating that the Contractor is familiar with the materials specified and has workers capable of performing the work specified herein. C. The personnel performing the work shall be knowledgeable and have the required experience and skill to adequately perform the work for this project, in accordance with AWWA D100,AWWA D102 and S SPC-PA 1, "Shop,Field and Maintenance Painting". The contractor shall meet the requirements of the Bidder Qualifications. D. The Contractor is responsible for all claims for welding and paint damage during the progress of the tank rehabilitation and is especially forewarned of this responsibility so that he may exert all possible precaution and care for protection of property which includes the existing Clearwell No.2 Ground Storage Tank while under rehabilitation. 1.05 QUALITY ASSURANCE A. General: Quality assurance procedures and practices shall be utilized to monitor all phases of erection, welding surface preparation, application and inspection throughout the duration of the project. Procedures or practices not specifically defined herein may be utilized provided they meet recognized and accepted professional standards and are approved by the Engineer and City's Inspector. All work in both shop and field shall conform to all current applicable requirements of the ANSUAWWA D100 ("AWWA Standard for Welded Steel Tanks for Water Storage") and ANSUAWWA D102 ("AWWA Standard for Coating Steel Water- Storage Tanks"). The completed tank structure shall also comply with the latest requirements of the Occupational Safety and Health Act. All members shall be designed to safely withstand the maximum stress to which they may be subjected during erection and operation. All welding shall conform to the latest version of AWWA D-100. The Contractor shall submit a list of all welders and provide a copy of current welding certifications for each welder prior to beginning construction. All welders shall be qualified in accordance with the current ASME, Section IX or AWS D 1.1 (tests as described in AWS B2.1) to the procedures and processes required to accomplish the work. A form for recording the daily activities of the contractor not limited to roof modifications,surface preparation and coatings application shall be provided by the contractor and submitted at the beginning of the job for approval by the City's Inspector. The information required on the form is listed under Part 3.10 of this specification. Attachment A Page3 Each day during the surface preparation and coatings activities the air temperature, steel surface temperature, humidity and dew point shall be measured, and recorded by the Contractor prior to beginning of blasting and prior to application of coating daily. Atmospheric conditions shall be measured and recorded at least every 3 hours and when climatic conditions begin to change. All environmental readings shall be recorded and placed in a file located on the job site and made available for daily owner review. This file shall be turned over to the Owner's Inspector at the end of the job. Surface temperature shall be measured by using approved thermometers. Temperature of both the sunny side and shady side of the reservoir shall be recorded periodically each day. The dew point shall be measured and recorded at least every 3 hours by use of a digital or sling Psychrometer in conjunction with U.S. Department of Commerce Weather Bureau Psychrometric Tables. The reservoir surface temperatures, relative humidity, dry bulb, wet bulb and dew point temperatures both interior and exterior(as appropriate) are to be recorded. B. Surface Preparation: Surface preparation will be based upon comparison with: "Pictorial Surface Preparation Standards for Painting Steel Surfaces: SSPC-Vis 1- 02, SSPC-Vis 3-04 and SSPC-Vis 4-01, ASTM Designation D2200-17, "Standard Methods of Evaluating Degree of Rusting on Painted Surfaces", ASTM D 4417- 14, Method A and/or Method C, "Standard Test Method for Field Measurement of Surface Profile of Blast Cleaned Steel"or NACE SP0287-16, "Field Measurement of Surface Profile of Abrasive Blast-Cleaned Steel Surfaces Using Replica Tape" NACE SP0178-07, "Design, Fabrication, and Surface Finish Practices for Tanks and Vessels to Be Lined for Immersion Service", along with the Visual Comparator, shall be used to verify the surface preparation of welds. In all cases the written standard shall take precedence over the visual standard. In addition, See special section 3.03 Surface Preparation. C. Application: No coating or paint shall be applied when: 1) the surrounding air temperature or the temperature of the surface to be coated or painted is below the minimum surface temperature for the products specified herein, 2) rain, snow, fog or mist is present, 3) the temperature is less than 5°F above the dew point, 4) the air temperature is expected to drop below the minimum temperature for the products specified within six hours after application of coating, 5) the relative humidity is above 8 5% and/or surface temperature will exceed the recommended temperatures within six hours after application of coating. Dewpoint shall be measured by use of an instrument such as a Sling Psychrometer in conjunction with U.S. Department of Commerce Weather Bureau Psychometric Tables. If any of the above conditions are prevalent, coating or painting shall be delayed or postponed until conditions are favorable. The day's coating or painting shall be completed in time to permit the film sufficient drying time prior to damage by atmospheric conditions. D. Thickness and Holiday Checking: Thickness of coatings and paint shall be checked with a non-destructive,magnetic-type thickness gauge, as per SSPC-PA 2 Attachment A Page4 "Measurement of Dry Film Thickness with Magnetic Gages". References in PA 2, which allow 80% of the minimum thickness specified, are not acceptable. The integrity of all interior coated surfaces may be checked with a low voltage holiday detector in accordance with NACE Standard RP01 8 8. Destructive holiday detector shall not exceed the voltage recommended by the manufacturer of the coating system. A solution of 1-ounce non-sudsing type wetting agent, such as Kodak Photo-Flo, and 1 gallon of tap water shall be used to perform the holiday testing. All pinholes and/or holidays shall be marked and repaired in accordance with the manufacturer's printed recommendations and retested. The CONTRACTOR shall perform the holiday testing under the supervision of the INSPECTOR. All touched up pinholes and re-coated areas shall cure for a minimum of seven(7)days prior to re-testing for holidays. No pinholes, holidays or other irregularities will be permitted in the final coating. E. Inspection Devices: The contractor shall furnish, until final acceptance of coating and painting is accepted, inspection devices in good working condition for detection of holidays and measurement of dry film thickness of coating and paint. The Contractor shall also furnish U.S. Department Commerce,National Bureau of Standards certified thickness calibration plates and/or plastic shims, depending upon the thickness gauge used, to test the accuracy of dry film thickness gauges and certified instrumentation to test the accuracy of holiday detectors. Dry film gauges and holiday detectors shall be made available for the Engineer's use at all times until final acceptance of application. Holiday detection devices shall be operated in the presence of the Owner's Representative. F. Inspection: Owner will retain the services of an independent Engineering Technician, AWS Certified Welding Inspector and NACE Certified Coating Inspector for project management, construction observations and quality conformance inspections during the project duration. The observation/inspection process of the welding techniques, preparation of steel, and coatings applications will help assure quality control and specification compliance. Contractor is responsible for providing access to tank, communicating work progress, and coordinating inspection services with Owner's independent consultant. The inspection company shall report to the engineer. The inspector shall communicate directly with the CONTRACTOR'S SUPERINTENDENT. Final inspections shall be performed in the presence of the ENGINEER, OWNER and/or INSPECTOR and the CONTRACTORS SUPERINTENDENT. All materials and equipment used in the accomplishment of testing are subject to inspection at any time by the ENGINEER, OWNER and/or INSPECTOR. The CONTRACTOR shall not move or remove scaffolding, ladders or other fixtures necessary to provide proper inspection until such work has been inspected and approved by the INSPECTOR and/or the ENGINEER/OWNER. Inspection for this project shall consist of 'hold point' inspections. The owner's inspector shall inspect the surface prior to abrasive blasting, after abrasive blasting but prior to application of coating materials, and between subsequent coats of Attachment A Pages material. Final inspection shall take place after all coatings are applied, but prior to placing the tank in service. The interior coating shall be allowed to cure for a minimum of 7 days prior to inspection. Contractor will insure that sufficient rigging is in place so that the Engineer/OWNER or his representative shall be able to safely conduct the required inspections. Irregularities due to poor workmanship will be corrected by the CONTRACTOR at his expense. Re-inspection fees charged by the INSPECTOR will be the responsibility of the CONTRACTOR. The Owner and Engineer reserve the right to require this correction at any time during construction or at final inspection. G. First Anniversary Inspection: The First Anniversary Inspection as described in Section 5.2 of AWWA D102-17 shall apply. The Inspection shall be scheduled during the eleventh month following acceptance of all coating and painting work. All defective work shall be repaired in accordance with this specification, AWWA D102,unless otherwise specified here within. All defective work shall be repaired to the satisfaction of the Engineer and/or Owner. The Contractor's Performance Bond or separate Maintenance Bond shall be in force until after remedial work is performed. The Contractor shall warranty all repair work for one year. Interior surfaces of the reservoir shall be inspected within 12 months after the reservoir work has been accepted and placed in service. If an inspection date has not been established within 13 months after the reservoir has been placed in service, the anniversary inspection shall be considered waved, except in the event the OWNER is unable to remove the reservoir from service due to extremely long dry climate conditions or otherwise adverse weather conditions or due to unexpected breakdowns in the OWNER's distribution system. The date of anniversary inspection may be extended for a period of time not to exceed twenty-four (24) months beyond the date of final completion and acceptance of the work. If failures in any portion of the reservoir surface, exceed five (5) percent of that portion, as determined by the OWNER, then for that portion, the entire coating system shall be completely removed,re-coated and re-tested in accordance with the specifications herein. In the event any portion of the reservoir surface requires complete repair as provided herein, a second anniversary inspection shall be made unless the OWNER otherwise deems it not to be necessary. If subsequent anniversary inspections are to be made, time stipulations, coating removal, repair, re-testing and anniversary inspection requirements shall be the same as provided for in this specification. The OWNER will isolate the reservoir from the distribution system and drain the reservoir. The CONTRACTOR shall open, clean out, high-pressure water wash and rinse the tank prior to anniversary inspection. After inspection of the tank is complete, the CONTRACTOR shall disinfect the reservoir and properly seal the tank prior to placing it into service, with no charge to the OWNER. Disinfection of the tank, after anniversary inspection, shall be as per disinfection procedures stated in Section 3.05 of this specification. Attachment A Page6 The CONTRACTOR shall provide suitable and adequate equipment including: lighting, ventilation, rigging, cable climbers, mirrors, inspection equipment, and sufficient man-power to clean, disinfect and move equipment and tools around the tank, etc., as may be necessary to facilitate complete inspection of all interior surfaces. The CONTRACTOR shall bear all costs of the anniversary inspection and shall incorporate such costs into his bid. This shall include the owner's 3rd party inspector's fees. Any location, including but not limited to locations where a coating has peeled off, bubbled, blistered, chipped, or cracked, etc., or where pinholes and/or holidays are present and locations where rusting or corrosion is evident, will be considered a failure or defect of the coating system and shall be repaired as required. Repairs will be made at areas or locations where coating failures are found. Methods of testing for coating failure which, may or may not be evident, shall include,but not be limited to, adhesion tests, film thickness measurement, holiday testing, etc. Testing may be non-destructive or destructive. The CONTRACTOR, at his expense, shall repair all areas where destructive tests are performed. The anniversary repair work shall be completed within an agreed time period as determined by the OWNER and CONTRACTOR. All repairs shall be made as per the coating manufacturers written repair work instructions or that which is approved and acceptable to the OWNER and completed within ninety(90) calendar days of the anniversary inspection. 1.06 SAFETY AND HEALTH REQUIREMENTS A. General: In accordance with requirements set forth by regulatory agencies applicable to the construction industry and manufacturer's printed instructions and appropriate technical bulletins and manuals, the Contractor shall provide and require use of personal protective lifesaving equipment for persons working on or about the project site. B. Head and Face Protection and Respiratory Devices: Equipment shall include protective helmets, which shall be worn by all persons while in the vicinity of the work. In addition, workers engaged in or near the work during sandblasting shall wear eye and face protection devices and air purifying half mask or mouthpiece respirators with appropriate filters. Barrier creams shall be used on any exposed areas of skin. C. Ventilation: Where ventilation is used to control hazardous exposure, all equipment shall be explosion-proof. Ventilation shall reduce the concentration of air contaminants to a degree that a hazard does not exist. Air circulation and exhausting of solvent vapors shall be continued until coatings have fully cured for immersion service. From the beginning of interior coating and until interior coating is complete,the CONTRACTOR shall monitor the air for its lower explosion limit (LEL). CONTRACTOR shall submit to the ENGINEER,for review and approval, Attachment A Page the air monitors technical literature. The ENGINEER/OWNER and his representatives shall be allowed to check and inspect the monitor at any time. D. Sound Levels: Whenever the occupational noise exposure exceeds maximum allowable sound levels,the Contractor shall provide and require the use of approved ear protection devices. Noise control of equipment during working and non- working hours shall be submitted to the ENGINEER/OWNER for review and approval. If excessive noise is noted by the OWNER or neighboring residents, the CONTRACTOR shall modify or replace the existing equipment to reduce the noise to an OWNER acceptable level. CONTRACTOR shall bear all costs for noise reduction and incorporate this cost and any others into their bid. E. Illumination: Adequate illumination shall be provided while work is in progress, including explosion-proof lights and electrical equipment. Whenever required by the Engineer or Owner's Representative, the Contractor shall provide additional illumination and necessary supports to cover all areas to be inspected. The inspector shall determine the level of illumination for inspection purposes. F. Temporary Ladders and Scaffolding: All temporary ladders and scaffolding shall conform to applicable safety requirements. They shall be erected where requested by the Inspector or Engineer to facilitate inspection and be moved by the Contractor to locations requested by the Engineer or Owner's Representative. G. The Contractor is required to submit the following upon selection: 1. Safety Program in writing and schedule of regularly scheduled safety orientation meetings complying with OSHA. 2. Detailed work schedule. 3. Quality Control Program. 4. Schedule of values in accordance wit the contract scope of work. 5. Any sub-contractors to be employed on the project. Includes welding contractor and PE sub-consultant. 6. Dehumidification supplier. 7. Detailed drawing of containment rigging, attachments and shroud. Statement of wind load resistance to be considered during bad weather days. 8. Tnemec coating system submittals in accordance with specifications. 9. Contact names and phone numbers. 10. List of inspection devices and equipment to be on site at all times. H. Air Monitoring: Ambient Air Quality — Visible Emissions: Visible emissions shall be used as criteria for project shut down until corrections to the containment are made. Visible emissions shall be determined in accordance with 40 CFR 60, Appendix A, Method 22. If required by the Texas Air Control Board, the Contractor shall provide additional monitoring as follows: Ambient Air Quality for Particulate Matter(40 CFR 50): Emissions in excess of 150 up/m3 of PM 10 over a 24-hour period shall be cause for shut down of the Attachment A Pages project until corrections to the containment are made to comply with this level. Monitoring for this level shall be accomplished using high volume air samplers. 1.07 PRODUCT DELIVERY, STORAGE & HANDLING A. All materials shall be brought to the jobsite and identifiable by MTR's,certification reports and or batch numbers. The coatings shall be in the original sealed containers from the Manufacturer. Within 48 hours of coating delivery to the job site, the CONTRACTOR shall record the delivered material and the batch number stamped on each coating container and maintain the record in the daily log for examination by the INSPECTOR AND ENGINEER. Minimum information required will include: date of delivery to job site, name and signature of superintendent recording the data, list of certification reports, MTR's and batch number including corresponding coating identification, date of manufacture and volume of each container. They shall not be used until the INSPECTOR OR ENGINEER has inspected the contents. Manufacturer's Material Safety Data Sheets (MSDS) for all coating products used on the jobsite shall be submitted to the OWNER at the preconstruction conference or prior to commencing work. Materials exceeding storage life recommended by the manufacturer shall be rejected. B. All coatings and paints shall be stored in enclosed structures to protect them from weather and excessive heat or cold. Flammable coatings and paints must be stored to conform to City, County, State and Federal safety codes for flammable coating or paint materials. At all times coatings and paints shall be protected from freezing. PART 2 -MATERIALS 2.01 ACCEPTABLE MANUFACTURERS A. The paints and paint products used for this project shall be manufactured by The Tnemec Corporation. No other paint manufacturer will be allowed for use on this project. 2.02 GENERAL REQUIREMENTS A. All materials shall be lead-free as defined by the Consumer Product Safety Act, Part 1303. Additionally, all materials shall be free of other heavy metals such as chrome, mercury and cadmium. B. All materials for the interior wetted portion of the tank shall meet the requirements of ANSI/NSF Standard 61 for potable water contact. C. No coating submitted or used on this project shall have a VOC (Volatile Organic Content)in excess of 340 grams/liter or 2.8 lbs./gal. 2.03 MATERIAL PREPARATION A. Mix and thin materials according to manufacturer's latest printed instructions. Attachment A Page9 B. Do not use materials beyond manufacturer's recommended shelf life. C. Do not use mixed materials beyond manufacturer's recommended pot life. 2.04 COATING SYSTEM A. TANK EXTERIOR COATING SYSTEM 1. Surface Preparation: Prior to surface preparation, weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard RP0178, designation D. SSPC-SP 6 Commercial Blast Cleaning. Anchor profile shall be 1.5 to 2,5 mils as per ASTM D 4417, Method C or NACE Standard RP0287. 2. Coating System: Pt Coat: Tnemec Series 91-H20 Hydro-Zinc applied at 2.5 to 3.5 dry mils. Thin only as instructed in manufacturers data sheet. 2nd Coat: Tnemec Series N 140F— 15BL Tank White Pota-Pox Plus applied at 4.0 to 6.0 dry mils. Thin only as instructed in manufacturers data sheets. Two or more coats may be required to obtain the specified dry film thickness when roller applied. Thin only as instructed in manufacturers data sheet. 3rd Coat: Tnemec Series 1074U Endura Shield II Cloud Color 57BR applied at 2.5 to 3.0 dry mils. Thin only as instructed in manufacturers data sheets. Two or more coats may be required to obtain the specified dry film thickness when roller applied. Thin only as instructed in manufacturers data sheet. Total dry film thickness shall be a minimum of 10.5 mils per SSPC-PA 2 dry film inspeption standards, with exception as noted in this specification. B. TANK INTERIOR COATING SYSTEM 1. Sµrface Preparation: Prior to surface preparation, weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard RP0178, d4signation D. SSPC-SP 10 Near-White Metal Blast Cleaning. Anchor profile shall be 1.5 to 2.5 mils as per ASTM D 4417, Method C or NACE Standard RP0287. 2. Coating System: Pt Coat: Tnemec Series 91-H20 Hydro-Zinc applied at 2.5 to 3.5 dry mils. Thin only as instructed in manufacturers data sheet. Attachment A Page 10 Stripe Coat: Tnemec Series N 140F — 15BL Tank White Pota-Pox Plus applied by brush and scrubbed into all weld seams. In addition to weld seams, all edges, corners,bolts,pits shall receive a stripe coat. This shall be a separate step. The 2nd coat or subsequent coat shall not be applied until the recoat time has been achieved. 2nd Stripe Coat: An additional stripe coat application shall be applied to obtain adequate protection prior to the 2nd coat on the interfaces between the rafter top flange and roof plate,knuckle support angles and beam edges. The 2nd coat or subsequent coat shall not be applied until the recoat time has been achieved. Alternate to 1255 Beige for contrast. 2nd Coat: Tnemec Series N140F— 15BL Tank White Pota-Pox Plus applied at 4.0 to 6.0 dry mils. Thin only as instructed in manufacturers data sheets. 3rd Coat: Tnemec Series 141 — 1255 Beige Epoxoline applied at 10.0 to 12.0 dry mils. Thin only as instructed in manufacturers data sheets. Total dry film thickness on all surfaces shall be a minimum of 16.5 mils and maximum 21 mils per SSPC-PA 2 dry film inspection standards, with exception as noted in this specification. The minimum total dry film thickness on the rafter to roof interfaces shall be 18 mils and maximum of 21 mils per SSPC-PA 2 dry film inspection standards. PART 3 - EXECUTION 3.01 COATINGS A. All surface preparation, coating and painting shall conform to applicable standards of the Steel Structures Painting Council, NACE International and the manufacturer's printed instructions. Materials applied to the surface prior to the approval of the Engineer shall be removed and re-applied to the satisfaction of the Engineer at the expense of the contractor. B. All work shall be performed by skilled craftsmen qualified to perform the required work in a manner comparable with the best standards of practice. Continuity of personnel shall be coordinated with the Inspector. C. The Contractor shall provide a supervisor at the work site during cleaning and application operations. The supervisor shall have the authority to coordinate work and make decisions pertaining to the fulfillment of the contract. D. Dust,dirt,oil,grease or any foreign matter that will affect the adhesion or durability of the coating or paint must be removed by washing with clean rags dipped in an approved cleaning solvent and wiped dry with clean rags. Attachment A Pagel 1 E. Coating and painting systems include surface preparation, prime coating, stripe coating and finish coatings. Unless otherwise approved in writing by the Engineer, prime coating shall be field applied. The Contractor shall use repair procedures, which insure the complete protection of all adjacent primer. All repair procedures shall be in accordance with the coating manufacturer's written recommended methods. It is the responsibility of the CONTRACTOR to provide the ENGINEER, INSPECTOR and OWNER with the coating manufacturer's written recommended repair procedures. The specified repair method and equipment may include wire brushing,hand or power tool cleaning,or dry air blast cleaning. In order to prevent injury to surrounding painted surfaces, blast cleaning may require use of lower air pressure, smaller nozzle and/or abrasive blast particles, or shorter blast nozzle distances from surface shielding and masking. If damage is too extensive or uneconomical to touch-up, the entire item shall be blasted and then coated or painted as directed by the Engineer. F. The Contractor's coating and painting equipment shall be designed for application of materials specified and shall be maintained in first class working condition. Abrasive blast equipment shall be equipped with noise reducing devices, hose coupling safety devices, electrical grounding devices, fresh air hoods, and "Dead Man" switches on all blast hoses. Compressors shall have suitable traps and filters to remove water and oils from the air. Contractor's equipment shall be subject to approval of the Inspector. All equipment shall comply with current OSHA regulations. G. Application of the first (prime coat) coat on the exterior shall follow immediately after surface preparation and before rust bloom occurs or the same day, whichever is less. Application of the first(prime coat)coat on the interior shall follow within multiple days of surface preparation utilizing the dehumidification equipment designed to hold the blast from rust bloom. Dehumidification equipment shall be used for all interior wet and dry areas. Therefore, all blasting and cleaning shall be completed prior to any coating application. Any cleaned areas not receiving first coat within this period shall be re-cleaned prior to application of first coat. All blasted surfaces shall be coated to within 6 inches of the edge of a blasted area. 3.02 TANK ROOF SUPPORT and TANK MODIFICATIONS A. Interior Rafters and Support Members: After the initial abrasive blast cleaning of the interior, the roof knuckle support angles, bolts and rafters shall be evaluated and those angles, bolts and rafters which are deteriorated as defined by the Owner and Inspector shall be replaced in kind. The existing (70) knuckle support angles are 33/3/8", (210) bolts are 1/2" 0 and the (145) rafters are W8x 10 I-beam and approximately 21' long each. The contractor shall verify material size prior to purchase mad fabrication of material. The sequence and performance of this repair shall be such that the structural integrity of the roof is not compromised. In order to effectively clean mad coat the rafters on the top flange where the roof interface becomes restricted, it is rqquired that the space between the rafter top flange and roof plate be widened by mechanical lifting. The contractor is responsible for the means and methods of Attachment A Page 12 separating the interface space without deforming or damaging the existing roof system and plate material. The following shall apply: 1. Field welding shall conform to the minimum requirements of AWS D 1.1, AWWA D100,Section 8 and specifications here within. The contractor shall ensure welders or welding operators are qualified in accordance with ASME Section IX or ANSI/AWS B2.1. 2. All fabrication and shop assembly shall conform to the minimum requirements of AWWA D100, Section 9 and specifications here within. B. Roof, Shell, Floor and Accessories: The following accessories shall be provided in accordance with these specifications. If any of the ponding areas on the exterior of the roof are deemed out of compliance to TCEQ, those areas will be covered with overlay plate that is 3/16" minimum thickness and seal welded. If additional roof vents are deemed necessary, the number and locations of vents to be added will be determined by the inspector. The existing 24"x24" roof access hatch may remain in place and a new 30"x30"aluminum roof hatch will be relocated to avoid interference with the roof rafters. This will include relocating the interior access ladder to align with the new 30" hatch. The following shall apply: 1. All design and construction shall meet the AWWA D100, OSHA and TCEQ. 2. Exterior ladder — Provide an TS Stainless Steel Safety Rail fall arrest system by French Creek Production that meets OSHA regulations. The system shall be supplied compete with safety harnesses, trolley and lanyard for one person. 3. Roof Access Platform/Railing — An OSHA compliant handrail next to the roof hatch and access ladder exists and may be added on in order to accommodate the relocation of the new roof hatch 4. Roof Vent— (2)New 36"0 aluminum roof vents may be added to the roof. A new roof vent flange shall be provided for each added vents that is a minimum of 1/" thickness, same width as the vent flange and matches the hole pattern on the new vent flange complete with gasket and screen. 5. Roof Hatch — Provide a Halliday Model No. F 1 R3 03 0 aluminum roof hatch. A carbon steel flanged neck that is a minimum 1/" thick and complies with AWWA D100 will be required to accommodate the roof hatch. 6. Roof Ponding Scarf Plate— Plate shall be minimum thickness 3/16" carbon steel material and be sized to cover the areas identified by the inspector. Seal weld all plate utilizing a welding sequence which shall be adopted so that plates are assembled and welded together by a procedure that will result in a minimum of distortion from weld shrinkage. Attachment A Page 13 7. Shell, Floor and Roof Plate Replacement/Overlay — Plate shall be a minimum thickness 3/16"for roof repairs and 1/4" for shell and floor repairs. Overlay(scarf plate) installation is acceptable on the shell and floor. The roof repairs will require the deteriorated area to be removed and plate insert installed. Seal weld all plate utilizing a welding sequence which shall be adopted so that plates are assembled and welded together by a procedure that will result in a minimum of distortion from weld shrinkage. 3.03 SURFACE PREPARATION A. The latest revision of the following surface preparation specifications of the Steel Structures Painting Council (SSPC) shall form a part of this specification. The summaries listed below are for informational purposes; consult the actual SSPC specification for full detail. 1. Solvent Cleaning(SSPC-SP1): Removal of oil, grease, soil and other contaminants by use of solvents, emulsions, cleaning compounds, steam cleaning or similar materials and methods, which involve a solvent, or cleaning action. 2. Hand Tool Cleaning(SSPC-SP2): Removal of loose rust, loose mil scale and other detrimental foreign matter to a degree specified by hand chipping, scraping, sanding and wire brushing. 3. Power Tool Cleaning(SSPC-SP3): Removal of loose rust,loose mil scale and other detrimental foreign matter by power wire brushing,power impact tools or power sanders. 4. White Metal Blast Cleaning (SSPC-SP5/NACE No. 1): Air blast cleaning to a gray-white uniform metallic color until each element of surface area is free of all visible residues. 5. Commercial Blast Cleaning (SSPC-SP6 NACE No. 3): Air blast cleaning until at least two-thirds of each element of surface area is free of all visible residues. 6. Brush-Off Blast Cleaning (SSPC-SP7 NACE No. 4): Air blast cleaning to remove loose rust, loose mil scale and other detrimental foreign matter to a degree specified. 7. Near-White Metal Blast Cleaning(SSPC-SP10 NACE No. 2): Air blast cleaning until at least 95% of each element of surface area is free of all visible residues. 8. Power Tool Cleaning to Bare Metal (SSPC-SP11): Differs from SSPC- SP3 in that it requires more thorough cleaning and a surface profile not less than 1 mil. Attachment AI Page 14 B. Slag, weld metal accumulation and spatters not removed by the Fabricator, Erector or Installer shall be removed by chipping and/or grinding. All sharp edges shall be peened, ground or otherwise blunted as required by the Engineer. All grinding and finishing of welds, edges, etc. shall be performed prior to solvent cleaning and abrasive blasting. Welds shall be prepared as per NACE Standard RPO178 designation D for all interior and exterior surfaces. C. Field blast cleaning for all surfaces shall be by dry method unless otherwise directed. Blast nozzles shall be venturi-type nozzles with a minimum pressure at the nozzle of 90 psi. D. Particle size of abrasives used in blast cleaning shall be that which will produce a 1.5 — 3.0 mil surface profile or in accordance with recommendations of the manufacturer of the specified coating or paint system to be applied. E. Abrasive used in blast cleaning operations shall be free of Silica and contaminants that would interfere with adhesion of coating or paint and shall not be reused unless specifically approved in writing by the Engineer. Selection should be made based on notice that emissions are to be a minimal nuisance as allowed by the Federal, State and Local Regulations and or contained. All abrasive media shall be removed from the facility and disposed of by the Contractor. The abrasive manufacturer, media type and grit size shall be submitted and approved by the Owner. Steel grit/shot abrasive will be allowed upon approval by the Owner. F. The Contractor shall keep the area of his work and the surrounding environment in a clean condition. He shall not permit blasting materials to accumulate as to constitute a nuisance or hazard to the accomplishment of the work,the operation of the existing facilities or to the surrounding environment. If blast abrasive is left on the tank floor while painting the ceilings and walls,no paint may be applied to walls within six feet of the floor. G. Blast cleaned surfaces shall be cleaned prior to application of specified coatings or paint. All surfaces shall be free of dust, dirt, and other residue resulting from the abrasive blasting operation. No coatings or paint shall be applied over damp or moist surfaces. H. All welds shall be neutralized with a suitable chemical compatible with the specified coating or paint. 3.04 APPLICATION, GENERAL A. Coating and paint application shall conform to the requirements of the Steel Structure Painting Council Paint Application Specification S SPC-PA 1, latest revision, for "Shop, Field and Maintenance Painting". Attachment A Page15 B. Thinning shall be permitted only as recommended by the manufacturer and approved by the Engineer. C. Each application of coating or paint shall be applied evenly, free of brush marks, sags, runs, bubbles, drips, waves, laps, unnecessary brush marks, over spray, environmental contaminants or other physical defects, including shadows, and be UNIFORM in color, texture and gloss. Thus, all coatings shall be applied in a professional manner to achieve the specified dry film thickness (DFT). Coatings and paints shall be sharply cut to lines. Finished surfaces shall be free from defects or blemishes. Cleaning and coating shall be scheduled such that dust and other materials from adjoining work will not contaminate wet or newly coated surfaces. The CONTRACTOR shall submit written detailed procedures for all surface preparation and application of coating, including touch-up procedures. The procedures shall be approved by the ENGINEER and OWNER,with no exceptions, before any surface preparation, application, or touch-up begins. D. Protective coverings,masking or drop cloths shall be used to protect floors,fixtures, piping, and equipment. Care shall be taken to prevent debris or any other foreign matter from entering water mains. The covers and plugs shall remain in place until just prior to filling the tank for disinfection. Care shall be exercised to prevent coatings or paints from being spattered onto surfaces,which are not to be coated or painted. Report to the Inspector surfaces from which materials cannot be satisfactorily removed. E. When two coats of coating or paint are specified, where possible, the first coat shall contain sufficient approved color additive to act as an indicator of coverage or the two coats must be of contrasting color. Should a third interior coating be used, it too shall be contrasting in color from the second coating. F. Steel surfaces that have rusted or changed color shall be re-blasted in accordance with these specifications. No visible rust shall be overcoated under any circumstances. Painting shall not take place when the atmospheric temperature is below or above the coating manufacturer's written instructions, or above 50°F or when the steel surface temperature is less than or equal to 5°F above the dew point, or when the relative humidity is above 85% unless approved by the Engineer/Owner. Painting shall not occur when the surface is damp due to rain, snow, fog or mist. Painting shall also not occur if the surface temperature is expected to drop below manufacturer's recommendations within 4 hours after coating application. 3.05 DISINFECTION A. Disinfection shall be performed after protective coatings have been applied to the interior surfaces and allowed to thoroughly cure as recommended by the Coating Manufacturer. Attachment A Pagel 6 B. Prior to disinfecting,the complete interior shall be washed down with clean water and thoroughly flushed out. C. Disinfection of interior surfaces shall be performed in the presence of the Inspector in accordance with AWWA C652 Method 2. All the requirements of applicable AWWA Standards and regulatory agencies shall apply. CONTRACTOR shall furnish all labor, materials, tools, equipment and related items to seal and disinfect the reservoir. CONTRACTOR shall submit, for ENGINEER/OWNER approval all gasket and sealer materials necessary to seal all vents and manways. All bolts, nuts and washers shall be of HDG(hot dipped galvanized) construction. E. After the chlorination procedure is completed by the CONTRACTOR, and before the storage facility is placed in service,water from the full facility shall be sampled by the OWNER and tested for coliform organisms in accordance with the latest edition of Standard Method for Examination of Water and Wastewater. F. If the CONTRACTOR wishes to have the samples collected and tested by an independent testing laboratory, the cost of such testing shall be paid by the CONTRACTOR and the laboratory shall be required to meet the testing qualifications and to have certifications to do this testing that are acceptable to the OWNER. G. The OWNER shall furnish the water used for cleaning and initial filling of the reservoir for disinfection. The CONTRACTOR shall bear the costs of any subsequent fillings of the reservoir necessary until the disinfection is complete and satisfactory results are obtained and approved by the OWNER. H. It is necessary that the CONTRACTOR schedule his activities such that the initial filling occurs entirely during a low use period as determined by the OWNER. Close coordination by the CONTRACTOR with the OWNER is mandatory prior to and during the filling of the reservoir and until the disinfection work is completed. I. The CONTRACTOR and the OWNER shall have at least one representative present at the job site at all times during the filling of the reservoir regardless of the time of day. If the CONTRACTOR'S representative leaves the job site during the filling process, the filling will be stopped and be rescheduled for a later date. The CONTRACTOR shall pay all refilling and re-disinfection costs due to this inconvenience. 3.06 SOLVENT VAPOR REMOVAL AND DEHUMIDIFICATION All solvent vapors will be exhausted both during and after coating application at a minimum rate of one air change every four hours to allow the proper curing of the coating material. High rates of production may require an increase in ventilation. Forced ventilation as noted above shall be continued for 7 days or until such time as the coating has reached "full cure to immersion" as specified by the coating manufacture. Dehumidification equipment will be used to control the environment in the space 24 hours Attachment A Pagel? a day during blast cleaning,coating application and coating cure. All interior surfaces must be complete, clean and accepted by the Inspector prior to the application of any coating. Desiccant dehumidifiers, as manufactured by Munters Corporation and D.H. Technologies or eq ial will be a solid desiccant design having a single rotary desiccant wheel capable of fully automatic continuous operation. No liquid, granular,or loose lithium chloride drying systems will be accepted. The use of direct expansion (DX) refrigeration type dehumidifiers with reheat may be considered if the expected ambient temperature will remain above 60°F. Below that coils may mot remove moisture and, as noted above, reheat alone will not change the dew point. Heatipig the space changes relative humidity only and does not change the dew point; therefore,not a substitute for dehumidification,unless substrate temperature is high enough to meet dew point differential. The dehumidification system may consist of a combination of desiccant and refrigerant equipment for year round use to maintain very low dew points in the space. During the blasting operation, dehumidification equipment shall maintain a lower dew point than outside ambient. A differential of 20°F to 25°F between inside substrate surface temperature and inside space air dew point temperature shall be maintained. In addition, inside relative humidity shall not exceed 40% to 45%. The air change rate for maintaining the above mentioned interior surface temperature and dew point temperature differential will depend upon the type of equipment to be used and the time of the year. Another consideration is length of time required to hold the blast. The volume of space is a major factor in determining equipment type and size. The rate of air changes per hour may be anywhere from 1 to 6 or more to hold the desired degree of cleanliness of the blast. Auxiliary heat, cooling and/or insulation may be necessary to maintain the surface temperature at the acceptable level for the coating manufacturer's application parameters. This auxiliary equipment must be approved for use by the supplier of the dehumidification equipment and will meet the following requirements. 1. Heaters and refrigerant type systems must be installed in the process air supply duct between, and/or blended with, the dehumidifier as close to the space as possible. 2. Only electric,indirect fired combustion,or steam coil auxiliary heaters will be used. No direct-fired space heaters will be allowed during the blasting, coating, and curing phases. 3. Heaters will be equipped with controls that automatically turn the heater off if the airflow is interrupted or the internal temperature of the heater exceeds its design temperature or that of the supply duct. 4. The space to be controlled will be sealed off as well as possible, allowing air to escape the space away from the point where the dehumidified air is being introduced. Filter the air escaping the space;the filtration system must be designed so that it does not interfere with the dehumidification equipment's ability to control Attachment A Pagelg the dew point and relative humidity of space. Do not re-circulate the air from the space or from filtration equipment back through the dehumidifier during coating application or when solvent vapors are present. 3.07 CONTAINMENT AND DUST CONTROL EQUIPMENT Full containment of the entire structure may be required during surface preparation and painting of exterior. The Contractor shall design a containment system for the work area that will sustain winds up to 15 mph without damage to the tank. The containment shall control environmental emissions and control the working environment within containment so all Federal, State and local regulations have been observed and that the method(s)of removal complies with the governing specifications. Nevertheless,in the instance of conflict between any Federal, State or local regulations and the governing specifications, the Federal, State or local regulations shall supersede any requirements contained herein. The Contractor shall thoroughly examine the structure to be prepared to verify its ability to support a containment system including the wind loads that can be imparted by such a system. The Contractor shall submit a drawing of the structure and information of wind screening material supported by technical data sheets for the proposed containment system, the technical data sheet to include: • Wind Resistance of structure and screening • Opacity • Burst Strength • Material Composition • Color • Fire Rating • Thread Count • Ultra-Violet Stabilized The wind containment must comply with the principles of security, which are: • Appropriate protection of the environment from abrasive blasting and painting debris. • Pinhole ventilation(% for retention), allowing for cross-flow of air movement. • Edgings as well as every internal seam are sewn. • Alternate internal seams are reversed for additional strength. • Grommets are spaced along all edges and seams for the wind load to be supported by the screens. • Permeable to natural lighting,unless alternate lighting is to be provided(show that lighting is explosion-proof). • A minimum of 6" tarp overlap will be required as to provide for a maximum Attachment A Page 19 possible containment of spent debris. • Shroud shall be erected/installed as to withstand maximum wind requirements and be no closer than 6 feet of the tank structure as to reduce interference with the coating operation. • All rigging attachments must be temporary. • The windscreen containment system shall be maintained free of defects through the course of the project. Work shall be stopped until all defects are repaired. Such work activities inside a tank, tank column, or modular containment is considered working within a closed environment. OSHA,therefore,requires a clean,uncontaminated air source outside the enclosure with an appropriate backup such as another source of clean, uncontaminated air to be activated by merely switching a valve contained on the worker's body; air bottles strapped onto the worker; Scott Air Packs attached to the worker's body; or other OSHA approved and accepted air sources. The Contractor shall employ negative air pressure and dust removal equipment for interior surface preparation and coating operations at ALL times during interior work. The air emplpyed inside the tank shall be vented to the outside, filtered, dewatered, and returned to the enclosed space at least as clean as native air. 3.08 CONFINED SPACE: The Contractor shall provide confined space training certificates of all persons who will be working on this project. Certificates shall be submitted to Engineer/Owner before work begins. 3.09 CLEAN UP: Upon completion of the work, all staging, scaffolding and containers shall be removed from the site or destroyed in a manner approved by the Engineer. Coating or paint spots or oil stains upon adjacent surfaces shall be removed and the jobsite cleaned. All dtmage to surfaces resulting from the work of this section shall be cleaned,repaired or refinished to the satisfaction of the Engineer at no cost to the Owner. 3.10 REPORTING/RECORDS: All work, including inspections, shall be recorded daily by the CONTRACTOR. A copy of each daily report shall be placed in a file kept on the job site. The reports shall include, but not necessarily limited to, the following information: • Date • CONTRACTOR and subcontractor name(where applicable) • INSPECTOR name(where applicable) • Work Identification including: -Type of work performed -Location of work performed Weather conditions, including corresponding time of day,before during and after work begins including: -Temperature(air and surface) -Humidity/dew point -Wind velocity/direction, • Remarks and results of work • CONTRACTOR signature Attachment A Page20 3.11 MAINTENANCE MATERIAL: At the end of the project before final payment, the CONTRACTOR shall provide the OWNER(5)five one gallon cans of each type and color of coating, primer, thinner, and other coatings used in the field including multiple component materials. The material shall be delivered in unopened,typed-labeled cans,just as it comes from the factory. If the manufacturer does not package the material in one (1) gallon cans, and in the case of special colors, the materials may be delivered in new five (5) gallon containers, properly closed with typed, color, and batch numbers. The manufacturer's directions for use and literature describing the materials shall also be furnished to the OWNER in three bound copies and a typed inventory list shall be furnished at the time of delivery. 3.12 DESCRIPTION OF BID ITEMS No welding over coated steel. All areas that require welding are to be abrasive blasted before any welding is started. All structural modifications and repairs are to be conducted and approved prior to the coatings portion of this contract. All welding to be seal welded. All welders shall be qualified in accordance with the current ASME, Section IX or AWS D 1.1 (tests as described in AWS B2.1) to the procedures and processes required to accomplish the work. Completed welds shall be detailed in accordance with NACE Standard RPO178 designation"C". Any full penetration welds on the primary structure of this tank shall be tested by X-ray (radiograph) at the expense of the contractor by an approved 3rd party laboratory in accordance with the governing code and standards. The owner's engineer/inspector will select the number and location of all testing. Bid Item 1: Lump sum price for the Complete Cleaning and Repainting of the tank exterior surfaces with containment, shrouding and dust control. All of this work shall be in accordance with this Section"Technical Specifications"Part 2.04.A and Part 3.07. Bid Item 2: Lump sum price for the Complete Cleaning and Repainting of the tank interior surfaces. All of this work shall be in accordance with this Section "Technical Specifications"Part 2.04.B. Bid Item 3: Lump sum price for the Dehumidification Control to be furnished, installed and operated by the contractor in accordance with this Section "Technical Specifications"Part 3.06. Bid Item 4: Lump sum price for AWWA Approved Aluminum Roof Hatch to include the following: (1) new weld-on C.S. flanged neck and ' "re-pad to accommodate the bolt on new aluminum model No. F 1 R3030 Halliday roof hatch and relocate the interior access ladder as needed to align with the new roof access hatch, in accordance with this Section "Technical Specifications"Part 3.02. Bid Item 5: Unit price for Rafter Replacement to include the following: Remove and install W8x10 x 21 approx.. 21' long I-beam rafters in accordance with this Section "Technical Specification"Part 3.02. Attachment A Page21 Bid Item 6: Unit price for Knuckle Support Angle to include the following: Remove and install 3"x3"x3/8"x 22approx.. 4' long angle attached to the knuckle and outer end of the roof rafters in accordance with this Section "Technical Specification" Part 3.02. Attadhment may be welded or bolted. Bid Item 7: Unit price for AWWA Approved Roof Vent to include the following: (2) new 36"0 AWWA Approved frost free aluminum roof vent,including a new weld-on C.S. flanged neck to accommodate the bolt on installation of the new aluminum vent in accordance with this Section"Technical Specification"Part 3.02. Bid Item 8: Unit price for Roof,Shell and Floor Plate to include the following: Install 3/16'l plate to cover identified areas of excessive ponding on the exterior roof and interior roof. 1/4"plate to repair corrosion related and deteriorated areas in the shell and floor in accordance with this Section"Technical Specification"Part 3.02. Bid item 9: Unit price for Caulking Seam Sealing to include the following: Install Sika-Elex 1 A or equal NSF approved caulking at areas deemed necessary in accordance with this Section"Technical Specification". Bid Item 10: Unit price for General Repairs to include the following: Perform grinding, welding and general work to repair corrosion related surfaces or seal weld areas deemed necessary during the rehabilitation of this tank in accordance with this Section"Technical Specification". Bid Item 11: Lump sum price for Ladder Safety Rail to include the following: Provide and install a new TS Stainless Steel Safety Rail fall arrest system by French Creek Prodction that meets OSHA regulation in accordance with this Section "Technical Specification". END OF SECTION Attachment A Page22 x s 0 0 O ea U O Clearwell No. 2 GST Rehab U OD c d 7 0 l0 N yNI 0 l0 Date:9/26/2018 " CLEARWELL No. 2 GST REHAB 2018NO ROCK Ts 02000 PLANS, DETAILS AND NOTES DESCRIPTION OF TANK: A-"gge ..oy. f ±' � Y Name of Tank: Clearwell#2 Constructed: Designed and constructed in 1986 by Advance Tank Tank Type: Cone Roof w/radius knuckle Ground Storage Tank Type of Construction: Steel Welded Type of Coatings: Exterior--Tnemec 91 H2O/Series 141 Epoxy/Series 1074 Urethane Interior--Tnemec 91112O/Series 20 Epoxy Type of Foundation: Concrete Ring-wall Dimensions: 138'0 x 18' HWL Interior Surface Area: 45,993 sq./ft. Exterior Surface Area: 23,990 sq./ft. Tank Component Thicknesses/Sizes: Floor=5/16"plate Roof Knuckle Support—3"x3"x3/8"angle Roof= 13/64"plate Inner Rafters (25)W8x10#x approx.21' long 1'Shell=23164"9'x30' Middle Rafters (50)W8x10#x approx.21' long 2"'Shell = 11/32"9'x30' Outer Rafters(70)W8x10#x approx.21' long Roof Knuckle= 1/4" Girder Supports(15)W18x34#x Varies in length Outer Girder Columns(10)8"0 Sch.40 x approx. 18' Inner Girder Columns(5)8"0 Sch.40 x approx. 18' Center Column 8"0 Sch.40 x approx.20' w/4'O cap plate Roof System: Rafter supported cone roof as denoted above Capacity: 2,000,000 gallons Overflow: 16"0 widow flap valve and 2'x4' weir box assembly Roof Hatch: 24"x24"Steel Vent: 36"0 Aluminum Shell Manway: (1)24"0 Steel (1)36"0 Steel Ladder Description: Exterior shell ladder w/vanguard door Interior shell ladder Level Indicator: Digital transducer Cathodic Protection System: None Exterior Coating Thickness: 10-=16 dft mils. Exterior Coating Adhesion Rating: 4A per ASTM D3359 Interior Coating Thickness: 12-18 dft mils Interior Coating Adhesion Rating: 3A-4A per ASTM D3359 Security Fence: Yes inside the WTP facility fencing 3 CLEARWELL 2 REHABILITATION 2019 1. ADD NEW ALUMINUM ROOF VENTS WITH C.S. FLANGED NECK (FIELD LOCATE). 2. ADD 30"x30" ALUMINUM ROOF HATCH (HALIDAY MODEL F1R3030) RELOCATE INTERIOR LADDER TO ALIGN. 3. INSTALL SAFETY RAIL ON EXTERIOR LADDER. 4. BLAST, CLEAN AND APPLY NEW INTERIOR/EXTERIOR COATING SYSTEM. 5. CONTAIN ABRASIVE, EMISSIONS AND OVER SPRAY DURING INTERIOR AND EXTERIOR OPERATIONS. 6. PROVIDE DEHUMIDIFICATION AND DUST COLLECTION DURING INTERIOR OPERATIONS. 7. MAKE GENERAL MODIFICATIONS AND REPAIRS AS NEEDED PER TECHNICAL SPECIFICATIONS. 36"0 ALUMINUM ROOF VENT SHALL REMAIN. INSTALL (2) ADDITIONAL NEW ALUMINUM ROOF MANWAY AND INTERIOR LADDER TO BE REPOSITIONED ROOF SLOPE IS 3/4 ON 12. EXTERIOR LADDER WITH SAFETY CLIMB EXISTING 3'R KNUCKLE s EXISTING SHELL PLATE: X 96" WIDE A36 8' e e e e EXISTING SHELL PLATE X 120" WIDE A36 10' = e . ■ EXISTING FLOOR PLATE 138'..` ,,y ROUND ROCK TEXAS UTILITIES AND ENVIRONMENTAL SERVICES SERIES Fl R ACCESS DOOR HP www.HallidayProducts.com Phone 800-298-1027 Fax 407-298-4534 STANDARD FEATURES: HALLIDAY PRODUCTS Sales©HallidayProducts.com •AUTO-LOCK T-316 STAINLESS STEEL HOLD OPEN ARM WITH RELEASE HANDLE •TYPE-316 STAINLESS STEEL HINGES AND ATTACHING HARDWARE STANDARD SIZES •STAINLESS STEEL PRESSURE LOCKS • 1/4" (7 MM) NEOPRENE GASKET MODEL A DIM. C DIM. UNIT WT. •PADLOCK LUG OTY. NO, INCHES INCHES LBS. •SINGLE LEAF CONSTRUCTION {MM) (MM) (KG.) •625 LBS. PER SQ. FT. LOAD RATING F1R2424 24 (610) 24 (610) 46 (21) (28 KG. PER SO. MTER LOAD RATING) F1R2430 24 (610) 30 (762) 51 (23) •EXTRUDED ALUMINUM FRAME F1R2436 24 (610) 36 (914) 61 (26) •LIFETIME GUARANTEE F1R2442 24 (610) 42 (1067) 77 (35) F1R2446 24 (610) 48 (1219) 85 (39) F1R3030 30 (762) 30 (762) 54 (24) STAINLESS STEEL F1R3036 30 (762) 36 (914) 69 (31) LIFTING HANDL/4:9 \PRESSURE LOCKS F1R3042 30 (762) 42 (1067) 77 (35) F1R3046 30 (762) 48 (1219) 85 (39) ® $ . 1 F1 R3054 30 (762) 54 (1372) 99 (45) III(- -Ilb F1R3060 30 (762) 60 (1524) 106 (48) PAD LOCK II LUG \.. II = F1R3636 36 (914) 36 (914) 70 (32) II I F1R3642 36 (914) 42 (1067) 89 (40) II I I Q F1R3648 36 (914) 48 (1219) 97 (44) II W -J F1R3654 36 (914) 54 (1372) 107 (49) d W F1R3660 36 (914) 60 (1524) 104 (47) 0 O F1R3666 36 (914) 66 (1676) 126 (57) k x1 ® F1R3672 36 (914) 72 (1629) 135 (61) IL x1 x IL MOUNTING IL x x x x a-JI ir‘HOLES ILIA- --x—x—X—c—————I� . FIELD LOCATE & ® ® — DRILL A OPENING f 3" (COVER SHOWN IN (76 MM) S.STL. & ALUM. OPEN POsmoN) OVERALL TYP. POSITIVE LOCKING HOLD OPEN ARM AIS.STL. 1/4" (7 MM) THICK DIAMOND PRESSURE PATTERN ALUM. COVER PLATE LOCKS T-31 6 S.STL. I _u�, ;�f_ HINGE WITH TAMPER PROOF GASKET rA re FASTENERS SEALING ` — BY A OPENING ^ OTHERS 01 ID min SECTION A-A DETAIL I I SER-FIR-N 07/27/05J ,-2--2"x2"xZ" AL. ANGLE x 36" LONG /8" WIDE SS BAND W/ 3/4" MIN. BOLT WELDED TO ANGLE, (2-REQ'D) W/ HEX NUT 60" OD REMOVABLE F&D HEAD, ALUMINUM (NON-PRESSURE), STD F&D - - - OR ASME F&D, %6" MIN. . . EXTEND F&D HEAD TO 1 " THICKNESS. 7 -211 No WELD BELOW SCREEN OPENING, 346" PLATE 16 MESH SCREEN 316 SS 12" WIDE ./ 'AIL 36"x22" FLGxPE ALUMINUM PIPE W/ 412"x25" WINDOWS, BOLT GRIND SMOOTH ► TO STEEL PIPE (GASKETED). 36"x4" FLGxPE STEEL r PIPE, WELD TO EXIST. TANK ROOF. ENLARGE TANK OPENING TO FIT. 36" ROOF VENT