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Contract - Partners Remodeling, Restoration & Waterproofing - 1/9/2020 R-v.)70,00 to ORIGINAL CITY OF ROUND ROCK TRANSPORTATION DEPARTMENT ,: • ROUND ROCK TEXAS Project Manual For: 2017 CDBG SIDEWALK PROJECT CHISHOLM VALLEY SUBDIVSION OCTOBER 2019 Prepared By: age If O F e +�� MAT7HEW BUSHAKef •�'. 91480 ;moo A Pa ROV D BY T R EY ,7 !7`% /V 10'v) No Text 2017 CDBG SIDEWALK PROJECT CHISHOLM VALLEY SUBDIVISION TABLE OF CONTENTS Section Description No. of Pages 00020 Notice to Bidders 1 00100 Instructions to Bidders 4 Exhibit A 1 HUD Requirements 1 00200 Bid Bond 2 00300 Bid Form 3 00410 Statement of Bidder's Safety Experience 1 00500 Agreement 5 00600 Insurance & Construction Bond Forms Performance & Payment Bond Instructions 1 00610 Performance Bond 2 00620 Payment Bond 2 Insurance Instructions 1 00650 Certificate of Liability Insurance 1 00700 General Conditions 42 00800 Supplemental General Conditions 1 00900 Special Conditions 3 Addendum A - HUD Requirements 46 01000 Technical Specifications 4 02000 Plans, Details and Notes 20 Plan Sheets 8-2016 Table of Contents 00090665 No Text 00020 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed bids addressed to Matthew Bushak, P.E., Project Manager, City of Round Rock Public Works Department, 3400 Sunrise Road, Round Rock, TX 78665, for furnishing all labor, material and equipment and performing all work required for the project titled 2017 CDBG Sidewalk Project—Chisholm Valley Subdivision (project includes approximately 21,464 SF of concrete sidewalks and 7,734 SF of concrete driveways) will be received until Thursday, November 21, 2019 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 "Sealed Bid — 2017 CDBG Sidewalk Project — Chisholm Valley Subdivision". 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 No bids may be withdrawn after the scheduled opening time.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. This project is being partially funded by the City of Round Rock and the U.S. Department of Housing and Urban Development Community Development Block Grant funds and is subject to the following Federal requirements: Executive Order 11246; Clause 3 of the HUD Act of 1968; and Section 109 of the Housing and Community Development Act of 1974. Contractors and subcontractors must comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work and Safety Standers Act as amended and all other applicable Federal, state and local laws and regulations pertaining to labor standards. 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. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from the City of Round Rock website at the following web address: https://www.roundrocktexas.gov/businesses/solicitations/. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. For questions please visit the link above and post any questions via the CivCast posting. 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. A non-mandatory pre-bid conference is scheduled for November 7, 2019 at 2:00 p.m. at the Round Rock Public Works Facility located at 3400 Sunrise Road, Round Rock, Texas 78665. Publish Dates - Round Rock Leader: 10/24/2019 10/31/2019 00020 5-2010 Notice to Bidders 00193093 Page 1 00100 INSTRUCTIONS TO BIDDERS 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: https://www.roundrocktexas.gov/businesses/solicitations/ . 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.htm 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 investigate 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 ensuring 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 and/or 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 prior 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 materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. Upon obtaining 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 Contractor, after execution of the contract and pursuant to Internal Revenue Service (IRS) regulations, shall furnish its Taxpayer Identification Number(TIN) to the City. The Contractor shall provide the appropriate information on a W-9 form(which can be provided by the City upon request). This form shall be submitted directly to the City's Accounts Payable 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 Alternate bids, the City will determine whether to select or not select one or more of the Add and/or Deduct Alternate bid items and/or Alternate bids at the City's sole discretion and for its greatest advantage. If the City selects any Add and/or Deduct Alternate bid items, the total bid amount will be determined by adding the amount of the selected Add Alternate(s)to, and deducting the amount of the selected Deduct Alternate(s) from the Base Bid or the selected Alternate bid. Page 4 00100 2-20I6 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: • � i .� i ("business tt� the following _ 1. Upon being notified of a bid award,the award recipient entity")must go to th following website: https://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm 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 cr,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(crfroundrocktexas.gov HUD CDBG SPECIFIC INSTRUCTIONS TO BIDDERS 1. Bidders are advised that this project is wholly or partially funded through Housing and Urban Development's (HUD) Community Development Block Grant(CDBG) funds. However, neither HUD nor any of its employees are or will be a party to this Invitation to Bid or the resulting Agreement. This procurement will be subject to the regulations contained in 24 CFR §570, et seq. 2. The successful bidder will be required to pay wages for the duration of this Project that shall conform with the Davis-Bacon Act(40 U.S.0 276a to a-7) as Supplemented by Department of Labor Relations (29 CFR, Part 5). A copy of the General Wage Determination is attached to and included in the Special Conditions of the Specifications of this Project and bidder is cautioned to inspect the minimum wage rates and the HUD- 4010 requirements for this project. In addition, it is the responsibility of the bidders to inform themselves of the local labor conditions which may be applicable to this Project. 3. Each bidder's attention is called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin. The successful bidder will be required to take affirmative action to ensure that employees and applicants for employment are not discriminated against. 4. The successful bidder will ensure that to the greatest extent feasible opportunities for training and employment arising in connection with this CDBG-assisted Project will be extended to lower income project area residents. Further the successful bidder will, to the greatest extent feasible, utilize business concerns located in or substantially owned by residents of the project area, in the award of subcontracts and purchase of services and supplies. 5. The bidder will be required to certify that the bidder's firm and the firm's principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible for participation in federally assisted contracts under Executive Order 12549, "Debarment and Suspension" (24 CFR 24.505). 00200 BID BOND . BID BOND THE STATE OF'1EXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § Partners Remodeling Restoration That and Waterproofing of the City of Austin County of Travis State of Texas as Principal, and SureTec 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 the Greatest Amount Bid 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 2017 CDBG Sidewalk Project-Chisholm Valley Subdivision for which Bids are to be opened at the office of Owner on the 21 st November ,20 19 • day o f 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 21st day of the month of/November 20 19 Partners Remodeling Restoration and Waterproofing SureTec Insurance Company Principal Surety )L'i. -9t7)rt-- James F.Siddons Printed Name Printed Name By: i Title: By: Gi �- '' r !) Titleonney-in-•Fac Address: 3219 Harpers Ferry Lane Address: 973?Great Hills Trail,jte 320 Austin TX 78745 Austin TX'78759 00200 9-2015 Page 1 00090652 Bid Bond ' w �, Resident Agent of Surety: Watkins Insurance Group Sigture Printed Name 3834 Spicewood Springs Rd,Ste 100 Street Address Austin TX 78759 City, State,Zip Page 2 00200 9-2015 00090652 Bid Bond No Text POA#:4221197 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint James F. Siddons,April M Terbay its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Ten Million and 00/100 Dollars($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said. Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of. the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds, recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 29th day of. August ,A.D.2018 . �„„„uiuuox�w, SURETEC CE PANY ��S ANc � u �`4 %r By: w; t �"` nF John K Jr.,C State of Texas ss: 3, j,co -r, ? County of Harris `� .C-.• �& ( On this 29th day of August ,A.D. 2018 before me personally came John Knox Jr.,to me known, who, being by me duly sworn,did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. �e.0." at, ,p -XE.N1A CHAVEZ Fp r =,`'+•, .1, Notary Public,State of Texase'l,t(A; " + g GfCln'1.FKpIfHS t79-1i�- Q2t7 ,�y, ..`�`. Notary iC 129117859 Xe ' avez,Notary Public q+ri,i,+�� ll. commission expires September I ,2020 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of.Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 2 rs>< day of e 4ë' , C', /q , A.D, Te):(02,/.---7(ff .Br t eaty,Assistant Secreta Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST. -• i- • • SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099.You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin,Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies,coverage, rights or complaints at 1-800-252-3439.You may write the Texas Department of Insurance at: PO Box 149104 Austin,TX 78714-9104 Fax#:512-475-1771 Web: http://www.tdi.state.tx.us Email:ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot,civil insurrection,or acts of war. 4 00300 BID FORM No Text BID FORM PROJECT NAME: 2017 CDBG Sidewalk Project- Chisholm Valley Subdivision PROJECT LOCATION: Round Rock, Texas OWNER: City of Round Rock, Texas DATE: November 21, 2019 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 2017 CDBG Sidewalk Project- Chisholm Valley Subdivision 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 City's website at https://www.roundrocktexas.gov/businesses/solicitations/ by the close of business on November 14, 2019 . 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". BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 1 21,464 S.F. Concrete Sidewalk(4"), complete in place per S.F. for dollars and cents. 11 X 1 g oO 2 7,734 S.F. Remove and Replace Concrete Driveway, complete in place per S.F. for -, U dollars and `i cents. `7:2 5(.0 r 0'7 I ,S� 00300-9-2015 Page 1 of 3 Bid Form r • • e • . • eS • • 3 +i• r r a r /. • •, r • � • r, •�. . .re. . • • i.1 •P * a e. . .iP:. • , r ' I f • e - .•3 a {: , I d 4 e y BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 3 20 EA Curb Ramp w/detectable warning surface, complete in place per EA for c N-T1k 5k D p t,c', +o dollars and cents. i OCR,`(' 221 coo=`5' 4 1,192 S.Y. Sod, complete in place per S.Y. for -‘k16 dollars and cents. 5 `' Sci 60 5 1 L.S. Erosion Control, complete in place per L.S. for . f3-108J11 dollars and cents. /' j s;Oda 6 1 L.S. Traffic Control, complete in place per L.S. for 0 of -11 AND Ft -h1�O llars and cents. COO- I 7 1 EA CDBG Project Sign, complete in place per EA for 11-t 1-1.utP0 t dollars and cents. .3(9-' 8 1 L.S. Mobilization, complete in place per L.S. for O1.)&•Woe.r)40P �tv lvWA dollars and cents. I +5-e--)c)' 1 t s-vo. 00300-9-2015 Page 2 of 3 Bid Form ;•• -1" . ' . ,. . ' • -,Jq` .A.d . r r ; .1 it ! • • $ • •• • ,1 • 6 1 t_ 9 1. 1 s. TOTAL BASE BID (Items 1 thru 8 ) 'S It I I S� ,37) Materials: j 2 , 00o, All Other Charges: j 0 to.r le5-.11) * Total: g s i , ( 151-7) * 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, 3Y12 � Sig bli(tV BC=7"SAL ku4spi-) Print Name Address Title Telephone -DirAIZ e')/a,1:6___21__._A_2eL___,01/4)i ' -174206-)4--C—Am-race.rwo Name of Firm [ , 2P i� Date Secretary, if Bidder is a Corporation 00200-9-2015 Page 3 of 3 Bid Form • ..W 1 L Y `G •. ' d I • 7 4 • ; _ 1. • * • . , 1 ^ • 00410 STATEMENT OF BIDDER'S SAFETY EXPERIENCE Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 r fr ;. ; " . ' -1/4• . r ' 0,4 ;t; ' • 4 . 4 • A.. .• . 4 - , 4 , • - , • r* k - " A 1.„ ',IA • # I • ' • ." -.. • 4 - 1 . • . .. .. ••• . 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: c,, Address: '1...141 1,hotrefEya az,q / J Phone: �--"Zj-3` Completed by: I )fJili. , - t1---- Date: // 2.10 1. Does the company have a written construction Safety program? ra< ❑No 2. Does the company conduct construction safety inspections? des ❑No 3. Does the company have an active construction safety-training program? es El No 4. Has the company been fined by OSHA for any willful safety violations in the past DYes ❑# three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15, or 7.6 for SIC 16, :Yes E"i10 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 es ❑No ❑N/A B. Excavation fifes ❑No ❑N/A C. Cranes ❑Yes [io ❑N/A D. Electrical of s ❑No ❑N/A E. Fall Protection ❑Yes [t'1Q'o ❑N/A F. Confined Spaces ❑Yes ErCir ❑N/A I hereby certify that the above information is true and correct. Signature , Title ‘.91"°' Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 { : ; r 4 it• - • - f• -:� d. -• F r i i ' A i i • x a d )'.. . 1 a 1, • • i f t , • ,. . • • .i.. __r.a 1 ,t.i h - t is may. ti. r.. 00500 AGREEMENT ! r ° S 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 f AGREEMENT made as of the eV'�i N��+ (�Ot>)day of- in the year 20 2o BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Partner's Remodeling Restoration&Waterproofing ("Contractor") Daniel Besa-512-825-3950 danielbesaprrvvAyahoo.com The Project is described as: 2017 CDBG Sidewalk Project-Chisholm Valley Subdivision The Engineer is: Matthew Bushak,PE City of Round Rock,Texas 512-341-3318 mbushakAroundrocktexas.gov 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 /� /� V h a. . * r, S r . o . 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 and Twenty ( 120 )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 and 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 Two hundred thirty one thousand one hundred fifteen dollars and fifty cents ($231,115.50 ),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 _' - '-___ -_--- --__- ' -__--_---__..__--_--- '-_-___--__- _'_'-__-_' -_ -_' __ ---__ _- . ^ `� ' , ^`^� /. :^�' , ' `� ` ^' ` .' . � .^ . � . `�' � ^ �. . . `� . ` / � . . ' . ` . . ' .'^ . ' ' � / ~ � �� -� . � ' + �`" . �` ^ , '`� � ' �. '' '. ''�. . '. � . ' r . . ' ` �` � ' - .. . . . ' .`� . ` '.. .�' ' ` ` '. ' x�' . ^ ' ' . ' . �.� � , ^� . ., ` ' . . ` . . '� ' ' `^ , , ^ . `� . , � ` .� /' ' ` _ � / ' �.., ` . ~� . �� ,^ ^ . ' . . . `'� ` ' ... " ` /.,`^ ' ` . .�.. �� ^'' . ` ' '� '� r'� ' � -��~' ' ' ` ' ` ^ ''� ' � `':/ ` '� ''` ° . ` . ^ + ^� �. � . ' ~ ` , , . `. ^~ ` '� ''^. `� ` .. �� .. .' '''.' . ' . . . ' . ^ . .� ��. .� / .��, ' ' ' '^ ` �,r ` .' + ` `'' � .� '' ,' � ~ . .^ � ' . ' .~` .` ' ^ � .^ - - . ' �� . . ^ . ', ^�� /� ^ -' ` �. . '.'. . �/,.. +^~ ./. ~`~ . ` ' .� . � � � �' ' ` c� ' .' ` , ' °' . ' . . `^ . / , ' ^ ` � . ^ ` . � `� ` ' ` '' , � '' . .' ,�r ^ ' ` ^ , � ' ` �/ � `' `' � , ' t `�' ` ' ' . . ' � . ~- �' �.:'�'� + '�.�/^ '.'�� ( ^, ' /' . ' ` `^ ` ' . ' . '� ��^`''�' ~ �.� r` '� � ` ^ ~ ` , , ' . '/ ' �' r'� ' ' ' ,^ '' '` , . ` ' ' . ' . .. ' ~� . �� ' ~�`` .^'. �`^ ' '. �` ' ` ^, �� - ' `.`' , ^. ^' �. '' �. .� ' ` . ��. /, �� '�"� ''� ` '��^ . .'m/�^ . . / '�� `. '�,.- ` � `� `.^ .� ` . , '^��w` : `` , . ' ^^` � � ^ \ ` ^, ' . . '` `� ^ `� . ''�. ' .' . �� ^ ` ` ' . '. . ,, °/ .� ' . ..` `` � ^ ,`^ ' ^` ~i ' ^ '. ~° .� . .^� /^ ^ ' . `' ' -^.^, � "� ' ' ` ,''` . '� '� . ° � u ` ` ''' ' '��/ '''`, ` �� ` ` � � '^� ` �� .� / '. '. ` ".^' ' ^.`� �` ` '� .� ,� . . .. .^�'� .�. � ' .^` ` ^`` ` � �� .' '` , ° ` , � . ` / . `'/.' , �", . . '� . . . �,r ' '�' �� . ' . .^� �' '' . ^�, ' ^`` '� /'� `'_,�''� ��'� . `' `�� '/ '. � /' ''' '�'� ' �.� ''�/ . '� � v `' . ' `. ' / ` . �.'� .' ' , ` ' . . � . ^ � ��^ . � ��^�` ' . ' .,. -. . .' ' ' .. �� ° . ' �,� `' `�`� . � . .'�' . '' � ' n� .` ' .' � � '� ��` ��. ' . '' `� ��' � ' � . . ` ` ' . , . . . _ . � ,- p' � .` . . ' �, '. ' ' . � . . ' ' ' ^� . `°� � _� .` ` `'' ` '�` ^ � ' . ' .�. .' ',` . ' ' ^ , " . :^� ., `� `' ^ . -. . ` .� . _ - . _ � �� - -' ' . , . . ' ' � - ^ ' , . ` 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 ^ ' 7f, ^ 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 September 2019 7.1.4 The Specifications are those contained in the Project Manual dated September 2019 7.1.5 The Drawings,if any,are those contained in the Project Manual dated September 2019 . 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated September 2019 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated September 2019 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: NONE 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: Matthew Bushak,P.E. 3400 Sunrise Road Round Rock,TX 78665 512-341-3318 mbushakAroundrocktexas.gov 8.3 Contractor's representative is: Daniel Besa 512-825-3950 danielbesaprrw@yahoo.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 1 - J+ L_ r r r•rj`_ •t.. • S • • Lie. , r I. r .• _ i IS .., - �, < - ♦, .:i • a r. i 3. rFa 3. t / - . 1 r 3.y . . • - K - • • . 1. • j • .r I F - ti W , 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 OF OUND RO TEXAS ?nett..)C1Z‘'712._At..00 ;t,‘44 aS-lvte rtr (A) Pelptte4ciar-Ti.) • Printed Name: Printed Name: Title Title: e., _ Date Signed: 2-(1.2020 Date Signed: 1V-Z-Z 6.6 ATTEST: CA241/- City Clerk FO 1, CI'Y,APPRO D AS TO FORM: City A `rney 00500 4-2016 Page 5 of 5 Standard Form of Agreement 00307791 r , + r S' + ! ! i ! • • •. e 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. Bond 4434020 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Partner's Remodeling Restoration&Waterproof le City of Austin County of Travis , and State of Texas , as Principal, and SureTec 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 Two Hundred Thirty-One Thousand One Hundred Fifteen and 50/100 Dollars ($ 231,115.50 ) 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 1( 12- day of 4 , 202)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: 2017 CDBG Sidewalk Project-Chisholm Valley Subdivision (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 r r 4 ' Y. r .., a 1 d 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 -2. " day of JanuUxlj 202c. Partner's Remodeling Restoration&Waterproofing SureTec Insurance Company P 'ncipal Surety aP t---t.... Joy Holten Printed Name Printed Name k - • L By:- -- - By: Title: e , o C.�- .�-,--_ Title: or y-in-Fact Address: 3219 Harpers Ferry Lane Address: 9737 Great Hills Trail#320 Austin TX 78745 Austin TX 78759 Res'de t Agent of Surety: ,-7 Ria.....44,,,,, /id/ Signature Patrick L Watkins Printed Name 3834 Spicewood Springs Rd#100 Street Address Austin TX 78759 City, State&Zip Code Page 2 00610 7-2009 Performance Bond 00090656 r f * � �, . Bond 4434020 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § Partner's Remodeling Restoration&Waterproofing That , of the City of Austin County of Travis , and State of Texas as Principal, and SureTec 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 Two Hundred Thirty-One Thousand One Hundred Fifteen and 50/100 Dollars ($ 231,115.50 ) 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 day of , 20 , 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: 2017 CDBG Sidewalk Project-Chisholm Valley Subdivision (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 No Text 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 said Principal and Surety have signed and sealed this Instrument this 1__.."" day of JC1,Atkall ,202U. Partner's Remodeling Restoration&Waterproofing SureTec Insurance Company Pri L\ ' ..__ Surety 'U .j \ Joy Holten Printed Name Printed Name By: ��i By: 4,471er\ Title: e ,--s.�G�.—__ Title: ttol'ne -in-Fact Address: 219 Harpers Fen),Lane Address: 9737 Great Hills Trail#320 Austin TX 78745 Austin TX 78759 Res' ent Agent of Surety: (2A e7// (izijieif ignature Patrick L Watkins Printed Name 3834 Spicewwood Springs Rd#100 Austin TX 789 Page 2 00620 7-2009 Payment Bond 00090656 • •• , 0 e •� POA#:4221197-Austin SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Patrick L Watkins, Sheila Pennington Noxon, Joy Holten its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead, to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Ten Million and 00/100 Dollars($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 7th day of January ,A.D.2020 . w�� wry SURETEC CE PANY SVRANp. ��.•141 �,�€ By: w uy�� John K Jr.,C State of Texas ss: CC` 1 County of Harris -••-•••' / On this 7th day of January ,A.D. 2020 before me personally came John Knox Jr.,to me known, who,being by me duly sworn,did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. "«u" —KENIA CHAVEZ PGb�r Y°r =Notary Public,State of Texas ��. rq:: Comm.Expires 09-10-2020 "y';••` Notary ID i 29117659 Xe • avez,Notary Public �'//"o"'%`,` l commission expires September l ,2020 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of / 9, , A.D. . Br t :eaty,Assistant Secreta Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and&:00 pm CST. w SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin,Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies,coverage, rights or complaints at 1-800-252-3439.You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#:512-475-1771 Web: http:I/www.tdi.state.tx.us Email:ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES:Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot,civil insurrection,or acts of war. J ' DATE(MM/DD/YYYY) ACCPR L7° CERTIFICATE OF LIABILITY INSURANCE 12/19/2019 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 Lori Peabody NAME: WARD INSURANCE GROUP CONNo,Ext): (817)605-0065 FAX ,No): (817)605-0084 1801 Precinct Line Rd E-MAIL lori@wardinsgroup.com ADDRESS: Ste.B INSURER(S)AFFORDING COVERAGE NAIC# Hurst TX 76054 INSURER A: Certain Underwriters at Lloyds INSURED INSURER B: Evanston Insurance Company Partners Remodeling Restoration&Waterproofing,LLC INSURER C: Texas Mutual Ecogreen Landscaping LLC INSURER D: 3219 Harpers Ferry Ln INSURER E: Austin TX 78745-6722 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1972201624 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 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 A 176983-01 07/23/2019 07/23/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT PRO LOC PRODUCTS-COMP/OP AGG $ 2,000,000 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) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 B X- EXCESS LIAB CLAIMS-MADE 3373290 07/23/2019 07/23/2020 AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION S, STATUTE EOTH AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? N/A 0002005119 10/20/2019 10/20/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 10 ,00000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED ON THE ABOVE LISTED GENERAL LIABILITY POLICY CERTIFICATE 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 ACCORDANCE WITH THE POLICY PROVISIONS. 211 EAST MAIN ST AUTHORIZED REPRESENTATIVE ROUND ROCK TX 78664 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD No Text Progressive PROGRESSIVE' COMMERCIAL P.O.Box 94739 Cleveland,OH 44101 1-800-895-2886 Policy number: 02812833-7 Underwritten by: Progressive County Mutual Ins Co February 5,2020 Page 1 of 2 Certificate of Insurance Certificate Holder PARTNERS REMODELING RESTORATION AND WATERPR0O 3219 HARPERS FERRY LN AUSTIN,TX 78745 Insured Agent/Surplus Lines Broker PARTNERS REMODELING PROG COMMERCIAL RESTORATION AND WATERPR00 PO BOX 94739 3219 HARPERS FERRY LN CLEVELAND,OH 44101 AUSTIN,TX 78745 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy Effective Date: Oct 23,2019 Policy Expiration Date: Apr 23,2020 Insurance coverage(s) Limits Bodily Injury/Property Damage $1,000,000 Combined Single Limit Uninsured/Underinsured Motorist $300,000 Combined Single Limit Uninsured Motorist Property Damage $300,000 Combined Single Limit w/$250 Ded Employer's Non-Owned Auto BIPD $1,000,000 Combined Single Limit Hired Auto Bodily Injury/Property Damage $1,000,000 Combined Single Limit Description of LocationNehicles/Special Items Scheduled autos only 2012 FORD F350 1FT8W3BT4CEC92513 Personal Injury Protection $5,000 Comprehensive $500 Ded Collision $500 Ded Rental Reimbursement $50 Per Day($1,500 Max) 2013 FORD F350 1 FT8W3BT7DEA90704 Personal Injury Protection $5,000 Comprehensive $500 Ded Collision $500 Ded Rental Reimbursement $50 Per Day($1,500 Max) Continued No Text Policy number: 02812833-7 Page 2 of 2 Certificate number 03620A13833 )C" .-9r Form 5241(10/02) No Text 00700 GENERAL CONDITIONS r City of Round Rock Contract Forms General Conditions Section 00700 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Page Number& Title Number 1. DEFINITIONS 2 2. PRELIMINARY MATTERS 5 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 7 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 8 5. BONDS AND INSURANCE 10 6. CONTRACTOR'S RESPONSIBILITIES 15 7. OTHER WORK 23 8. OWNER'S RESPONSIBILITIES 24 9. ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 24 10. CHANGES IN THE WORK 26 11. CHANGE OF CONTRACT AMOUNT 27 12. CHANGE OF CONTRACT TIMES 29 13. TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 31 14. PAYMENTS TO CONTRACTOR AND COMPLETION 33 15. SUSPENSION OF WORK AND TERMINATION 37 16. DISPUTE RESOLUTION 39 17 RIGHT TO AUDIT 40 18. MISCELLANEOUS 41 00700 11-2017 Page 1 General Conditions 00162837 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 Engineer/Architect (E/A) -The OWNER's design professional identified as such in the Contract. The titles of "Architect/Engineer," "Architect" and "Engineer" used in the Contract Documents shall be read the same as Engineer/Architect (E/A). Nothing contained in the Contract Documents shall create any contractual or agency relationship between E/A and the CONTRACTOR. 1.17 Equal -The terms "equal" or"approved equal" shall have the same meaning. 1.18 Execution Date- Date of last signature of the parties to the Agreement. 1.19 Field Order- A written order issued by Owner's Representative which orders minor changes in the Work and which does not involve a change in the Contract Amount or the Contract Time. 1.20 Final Acceptance— The stage in the Contract process when, in the OWNER's opinion, Final Completion of the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued. 1.21 Final Completion -The stage in the progress of the Work when, in the OWNER's opinion, the entire Work has been completed, the CONTRACTOR's obligations under the Contract Documents have been fulfilled, and the OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of Acceptance approved by the OWNER. 1.22 Inspector-The authorized representative of any regulatory agency that has jurisdiction over any portion of the Work. 1.23 Legal Holidays 1.23.1 The following are recognized by the OWNER: Holiday Date Observed New Year's Day January 1 Martin Luther King, Jr.'s Third Monday Birthday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Friday after Thanksgiving Thanksgiving 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 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not under the CONTRACTOR's control will permit work for at least seven (7) hours of the Working Times. Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be allowed and in that event a Working Day will be counted for each such day. 1.45 Working Times — Times of day(s) during which work may be performed. Unless authorized by Owner's Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work during hours outside Working Times, such hours shall be considered time worked on Working Day contracts. Notwithstanding the preceding, emergency work may be done without prior permission only as provided in paragraph 6.11.5 herein. 1.46 Written Notice-Written communication between the OWNER and the CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business address known to the party giving notice. ARTICLE 2 -PRELIMINARY MATTERS 2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation: Within ten (10) Calendar Days after written notification of award of Contract, the CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of the Contract. 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 Preconstruction Conference: Prior to commencement of Work at the site, a preconstruction conference attended by the CONTRACTOR, Owner's Representative and others will be held. 2.6 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the schedule by Owner's Representative will neither impose on Owner's Representative responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample submissions must provide an arrangement agreeable to the parties for reviewing and processing the required submittals. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.1 Intent: 3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In cases of disagreement, the following order of precedence shall govern (top item receiving priority of interpretation): Signed Agreement Addenda to the Contract Documents Special Conditions Supplemental General Conditions General Conditions Other Bidding Requirements and Contract Forms Special Provisions to the Standard Technical Specifications Special Specifications Standard Technical Specifications Drawings (figured dimensions shall govern over scaled dimensions) Project Safety manual, if applicable 3.1.2 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 3.2 Reporting and Resolving Discrepancies: If, during the performance of the Work, the CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provisions of any such law or regulation applicable 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 E/A'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 an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating the reasons. Any disputes arising from Owner's Representative's determination shall be resolved in accordance with Article 16. 4.2.3 Notwithstanding any other provision of this Contract, the CONTRACTOR shall be solely responsible for the location and protection of any and all public lines and utility customer service lines in the Work area. For the purposes of this section, "public lines" means the utility distribution and supply system within public rights-of-way or easements, and "utility customer service lines" (service) means any utility line connecting a utility customer to the utility distribution system. Generally, existing service connections within right-of-way or easements are not shown on the Drawings. The CONTRACTOR shall notify the OWNER and "One Call"and exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the CONTRACTOR's work or storage areas. The CONTRACTOR's obligation hereunder shall be primary and nondelegable. The CONTRACTOR shall indemnify or reimburse such expenses or costs (including fines that may be levied against the OWNER)that may result from unauthorized or accidental damage to all public lines and utility customer service lines in the Work area. The OWNER reserves the right to repair such damage the CONTRACTOR may cause, at the CONTRACTOR's expense. 4.2.4 The CONTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without written permission of the OWNER and the Texas Department of Antiquities Protection. When such objects are uncovered unexpectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's Representative and the Texas Department of Antiquities Protection of their presence and shall not disturb them until written permission and permit to do so is granted. All primitive rights and antiquities uncovered on the OWNER's property shall remain property of the State of Texas, the Texas Department of Antiquities Protection conforming to the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department of Antiquities Protection, that exploration or excavation of primitive records or antiquities on Project site is necessary to avoid loss, the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage or salvage work causes an increase in the CONTRACTOR's cost of, or time required for, performance of the Work, the Contract Amount and/or Contract Time may be equitably adjusted. 4.3 Reference Points: Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points which, in the OWNER's opinion,are suitable for laying out the Work. Such benchmarks and reference points will be placed at intervals not to exceed 1,500 feet. All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points, benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the OWNER's responsibility during or upon completion of the Work. 4.4 Hazardous Materials: 4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials encountered before or during performance of the Work and shall take all necessary precautions to avoid further disturbance of the materials. 4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible. 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. OVVNER may require the surety to obtain reinsurance for any portion of the risk that exceeds i 0% 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 certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 no later than seven (7) days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one (1) year thereafter. 5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the CONTRACTOR knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. 5.2.8 The CONTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a Project to: .1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the 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 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; .6 notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project; and .7 contractually require each person with whom it contracts, to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services 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+VII or better, except for hazardous material insurance which shall be written by companies with A.M. Best ratings of A-or better. .4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E. Main St., Round Rock, Texas 78664. .5 The "other" insurance clause shall not apply to the OWNER where the OWNER is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both OWNER and CONTRACTOR, shall be considered primary coverage as applicable. .6 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. .7 OWNER shall be entitled, upon request and without expense, to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. .8 OWNER reserves the right to review the insurance requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by OWNER based upon changes in statutory law, 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 Business Automobile Liability Insurance. Provide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following endorsements in favor of OWNER: a) Waiver of Subrogation endorsement TE 2046A; b) 30 day Notice of Cancellation endorsement TE 0202A; and c) Additional Insured endorsement TE 9901 B. Provide coverage in the following types and amounts: .1 A minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least$100,000 property damage liability each accident. 5.3.1.3 Workers' Compensation and Employers' Liability Insurance: Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two (2) copies of a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance coverage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's policy shall apply to the State of Texas and include these endorsements in favor of OWNER: a) Waiver of Subrogation, form WC 420304; and b) 30 day Notice of Cancellation, form WC 420601. The minimum policy limits for Employers' Liability Insurance coverage shall be as follows: .1 $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000 bodily injury by disease each employee. 00700 11-2017 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 Days/40 Working Days or less, in which case CONTRACTOR can agree to the following terms and conditions for payment in lieu of providing a Performance Bond: no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER; CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5% 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 Payment Bond. .1 If the Contract Amount exceeds $25,000, CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out by OWNER. .2 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Payment Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the terms and conditions specified in paragraph 5.4.2.3. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: 6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume of the proposed Superintendent to Owner's Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the 00700 11-2017 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 uuuu, and ri1ai11.ain week y 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 procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole judge of acceptability. No "approved equal" or substitute shall be ordered, installed, or utilized until the OWNER's review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety bond with respect to any"approved equal"or substitute. The OWNER shall not be responsible for any delay due to review time for any"approved equal" or substitute. 6.2.4.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equal" or substitute item will be at the CONTRACTOR's expense. 6.2.5 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements. The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits against Suppliers for illegal price fixing. 6.3 Progress Schedule: Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.6 as it may be adjusted from time to time as provided below: .1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in the progress schedule that will not change the Contract Times or Milestones. Such adjustments will conform generally to the progress schedule then in effect. .2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time Extension Request in accordance with Article 12. 6.4 Concerning Subcontractors, Suppliers and Others: 6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contract. The CONTRACTOR agrees not to, by Power of Attorney or otherwise, assign said Contract without the prior written consent of the OWNER. 6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction conference. Should the OWNER have objections,the OWNER will communicate such objections by Written Notice. If the OWNER requires a change without good cause of any Subcontractor, person or organization previously accepted by OWNER, the Contract Amount may be increased or decreased by the difference in the cost occasioned by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the OWNER to reject defective Work. 6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall be adhered to by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract 00700 11-2017 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 nor 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 of air pollution. 6.7.3 If the CONTRACTOR performs any Work knowing or having reason to know that it is contrary to laws or regulations, then the CONTRACTOR shall bear all claims, costs, losses and damages arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR's obligations under Article 3. 6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the State of Texas. 6.8.2 The OWNER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and is thereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas Tax Code, and Article 1066 (C), Local Sales and Use Tax Act, Revised Civil Statutes of Texas. 6.9 Use of Premises: 6.9.1 The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, E/A's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including court costs and reasonable attorneys' fees) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work. 6.9.2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents. 00700 11-2017 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 cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage wrongfully caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors. 7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representative in writing any 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 contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors and Owner's Representative in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule 00700 11-2017 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 E/A'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 E/A 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 condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Contract. 9.1.3 E/A is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.1.4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,tests and approvals and other documentation required to be delivered by Article 14, but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's Consultants, Resident Project Representative and assistants. 9.2 E/A as Owner's Representative: 9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1. 9.3 Visits to Site: If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction as is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the Contract Documents. E/A will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such 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 limitations on E/A's authority and responsibility set forth in paragraph 9.1. 9.4 Project Representative: If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions. The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A, E/A's consultant, agent or employee. 9.5 Clarifications and Interpretations: E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12. 9.6 Rejecting Defective Work: E/A will recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00700 11-2017 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 Order: 10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR who shall perform the Work involved promptly. 10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writing prior to beginning the work covered by the Field Order. 10.5 No Damages for Delay: The CONTRACTOR shall receive no compensation for delays or hindrances to the Work. If delay is caused by specific orders given by the OWNER to stop work or by performance of extra Work or by failure of the OWNER to provide information, access to the work, material or necessary instructions for carrying on the Work, then such delay will entitle the CONTRACTOR to an equivalent extension of time, the CONTRACTOR's application for which shall, however, be subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its performance bond from all the CONTRACTOR's obligations hereunder which shall remain in full force until discharge of the Contract. ARTICLE 11 - CHANGE OF CONTRACT AMOUNT 11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 11.2 The original Contract Amount may not be increased by more than twenty-five percent(25%) and it may not be decreased more than twenty-five percent (25%)without the consent of the CONTRACTOR to such decrease. 11.3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Amount shall be determined as set out in Article 16. 11.4 Determination of Value of Work: 11.4.1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Amount will be determined by one or more of the following methods: .1 by application of unit prices contained in the Contract Documents to the quantities of the items involved. .2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. .3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit(determined as provided in paragraph 11.5). 00700 11-2017 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 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. 11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid quantities and Contract unit prices. 11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in accordance with Article 11 if: .1 the actual quantity of any Major Item should become as much as twenty percent (20%) more than or twenty percent(20%) less than in the Bid; or .2 The CONTRACTOR presents proper documentation contesting the accuracy of "plan quantity," and Owner's Representative verifies quantity and determines original quantity is in error by five percent (5%) or more. 11.6.6 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of this Agreement regarding pricing of change orders, then an appropriate contract price reduction will be made. 11.6.7 Pricing Information Requirements: The CONTRACTOR agrees to provide and require all subcontractors to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost components. This information is not intended to establish fixed billing or change order pricing labor rates. However, at the time change orders are priced the submitted cost data for labor rates may be used to price change order work. The accuracy of any such agreed-upon labor cost components used to price change orders will be subject to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost components if the agreed-upon labor cost components are determined to be inaccurate. ARTICLE 12 -CHANGE OF CONTRACT TIMES 12.1 Working Day and Calendar Day Contracts: 12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the Contract Times(or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than thirty (30) calendar days) after the start of the occurrence or event giving rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times (or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Times (or Milestones)will be valid if not submitted in accordance with the requirements of this paragraph. 12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can be made by the CONTRACTOR, then no extension in time will be allowed. 00700 11-2017 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 of Calendar Day Contracts, expected normal weather will prevent performance of Work: January 7 days February 7 days March 7 days April 7 days May 8 days June 6 days July 6 days August 5 days September 7 days October 7 days 00700 11-2017 Page 30 General Conditions November 7 days December 7 days Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance with paragraph 12.1.1 and meets the following definition: a"Rain Day" is any day in which a weather event occurs at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the project schedule. ARTICLE 13 -TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 13.1 Notice of Defects: Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13. 13.2 Access to Work: The OWNER, E/A, E/A's Consultants, other representatives and personnel of the OWNER, independent testing laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. 13.3 Tests and Inspections: 13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all inspections, tests or approvals required by the Contract Documents except: .1 for inspections, tests or approvals covered by paragraph 13.3.3 below; .2 for reinspecting or retesting defective Work; and .3 as otherwise specifically provided in the Contract Documents. All testing laboratories shall be those selected by the OWNER. 13.3.3 If laws or regulations of any public body having jurisdiction require any Work(or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the OWNER's and E/A's review of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the CONTRACTOR's purchase thereof for incorporation in the Work. 13.4 Uncovering Work: 13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the CONTRACTOR without concurrence of Owner's Representative, or if any Work is covered contrary to the written request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered at the CONTRACTOR's expense. 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 special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so provided in the Contract Documents. 13.8 OWNER May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this seven (7)calendar day period to correct the deficiency,the OWNER may exercise any actions necessary to remedy the deficiency. In exercising the rights and remedies under this paragraph, the OWNER shall proceed expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employees,the OWNER's other contractors, E/A and E/A's consultants access to the site to enable the OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work. The CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones), or claims of damage because of any delay in the performance of the Work attributable to the exercise by the OWNER of the OWNER's rights and remedies hereunder. ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Application for Progress Payment: 14.1.1 Not more than once per month, the CONTRACTOR shall submit to Owner's Representative for review an Application for Payment, in a form acceptable to the OWNER, filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have been properly authorized by Change Directives but not yet included in Change Orders. 14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Subcontractor or Supplier because of a dispute or other reason. 14.1.4 Owner will not pay for materials or equipment not incorporated in the work but delivered and suitably stored at the site or at another location. Payment will be made by Owner only for work completed in accordance with the plans and contract documents. 14.1.5 Where the original Contract Amount is less than $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 retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under 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 may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the 00700 11-2017 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. 14.1.6 Applications for Payment shall include the following documentation: .1 updated progress schedule; .2 monthly subcontractor report; and .3 any other documentation required under the Supplemental General Conditions. 14.2 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the OWNER not later than the time of payment to the CONTRACTOR free and clear of all liens. 14.3 Review of Applications for Progress Payment: 14.3.1 Owner's Representative will, within seven (7) calendar days after receipt of each Application for Payment, either indicate a recommendation for payment and forward the Application for processing by the OWNER, or return the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend payment. In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the Application. 14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will constitute a representation by Owner's Representative, based upon Owner's Representative's on-site observations of the executed Work and on Owner's Representative's review of the Application for Payment and the accompanying data and schedules, that to the best of Owner's Representative's knowledge, information and belief: .1 the Work has progressed to the point indicated; and .2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for unit price Work, and to any other qualifications stated in the recommendation). 14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have represented that: .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 defective Work not remedied; .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; .3 damage to the OWNER or another contractor; .4 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract Documents; .6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract Documents; .7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the Contract Documents; .8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents; .9 failure of the CONTRACTOR to maintain weekly payroll reports; .10 failure of the CONTRACTOR to submit monthly subcontractor reports; .11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up; or .12 failure of the CONTRACTOR to comply with any provision of the Contract Documents. 14.4.2 When the above reasons for withholding payment are removed, the CONTRACTOR shall resubmit a statement for the value of Work performed. Payment will be made within thirty (30) calendar days of receipt of approved Application for Payment. 14.5 Delayed Payments: Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment within thirty (30) calendar days after the day on which the OWNER received the mutually acceptable Application for Payment, then the OWNER will pay to the CONTRACTOR, in addition to the sum shown as due by such Application for Payment, interest thereon at the rate of one percent (1%) per month from date due until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. 14.6 Arrears: No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever, to any person, firm or corporation who is in arrears to the OWNER; and the OWNER shall be entitled to counterclaim and offset against any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable, against the same. 14.7 Substantial Completion: 14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is 00700 11-2017 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, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment and thereby notify the OWNER, who will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract. 14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period. 14.11.3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any financial institution for its monetary return. 14.12 Waiver of Claims: The making and acceptance of final payment will constitute: .1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled claims, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and .2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work Without Cause and for Convenience: At any time and without cause and for convenience, the OWNER may suspend the Work or any portion thereof for a period of not more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract Times, or both, directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor as provided in Article 11 and Article 12. 15.2 OWNER May Terminate Without Cause: Upon seven (7) calendar days'Written Notice to the CONTRACTOR, the OWNER may, without cause and without prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items): .1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; .2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others. The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to mitigate the OWNER's cost; and .3 for anticipated profits on entire Contract not previously paid. 00700 11-2017 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 CONTRACTOR May Stop Work or Terminate: If through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety(90)calendar days by the OWNER or under an order of court or other public authority, or (except during disputes) Owner's Representative fails to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or(except during disputes) the OWNER fails for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the CONTRACTOR may, upon seven (7)calendar days'Written Notice to the OWNER, and provided the OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if(except during disputes) Owner's Representative has failed to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or (except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7) calendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16 -DISPUTE RESOLUTION 16.1 Filing of Claims: 16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4.1, 4.2.2, 4.2.4, 6.4.2, 6.11.5.2, 6.17, 7.5, 8.6, 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 or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled. 16.1.2 Within thirty(30)calendar days of receipt of notice of the amount of the Claim with supporting data, Owner's Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented, claimant shall have thirty (30) calendar days in which to: .1 submit additional supporting data requested by the other party; .2 modify the initial Claim; or .3 request Alternative Dispute Resolution. 16.2 Alternative Dispute Resolution: 16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other available remedies. The OWNER reserves the right to include E/A as a party. 16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written request for a meeting to be held between representatives of each party within fourteen (14) calendar days of the request or such later period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall be concluded within thirty (30)calendar days of the first meeting, unless mutually agreed otherwise. This step may 00700 11-2017 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 agreement between the CONTRACTOR and payee. Such requirements include a flow-down right of audit provision in contracts with payees that also apply to subcontractors and sub-subcontractors, material suppliers, etc. The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR's subcontractors to cooperate fully in furnishing or in making available to the OWNER from time to time whenever requested, in an expeditious manner, any and all such information, materials, and data. 17.1.3 The OWNER's authorized representative or designee shall have reasonable access to the CONTRACTOR's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with this Article 17. 17.1.4 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent(.5%) of the total contract billings, then the reasonable actual cost of the OWNER's audit shall be reimbursed to the OWNER by the CONTRACTOR. Any adjustments 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. 17.1.6 It is also understood and agreed by the CONTRACTOR that any solicitation of gifts or any other item of value by anyone representing the OWNER is to be reported within two (2) business working days to the OWNER at the following telephone number: 512-218-5401. Failure to report any such solicitations or offers shall be deemed a material breach of contract entitling the OWNER to pursue damages resulting from the failure to comply with this provision. ARTICLE 18—MISCELLANEOUS 18.1 Venue: In the event of any suit at law or in equity involving the Contract, venue shall be in Williamson County, Texas and the laws of the state of Texas shall apply to Contract interpretation and enforcement. 18.2 Extent of Agreement: This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 18.3 Cumulative Remedies: The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 18.4 Severability: 00700 11-2017 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): Matthew Bushak, PE Firm: City of Round Rock, Texas Address: 3400 Sunrise Road City, State, Zip: Round Rock, TX 78665 Telephone: 512-341-3318 Facsimile: 512-218-5536 Email: mbushak@roundrocktexas.gov 1.27 Owner's Representative: Add the following: Name: Matthew Bushak, PE Title: Project Manager Address: 3400 Sunrise Road City, State, Zip: Round Rock, TX 78665 Telephone: 512-341-3318 Facsimile: 512-218-5536 Email: mbushak@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 1-1 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. 1-2 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be crnuernerd by any axictincr Pecnlntinnc Cnrdec and (lydinanr.Pc and anv ciihcerni1nt b.......��..... ..J »�J ....�....� amendments or revisions thereto as set forth by the City. 1-3 LOCATION The location of work shall be as set forth in the Notice to Bidders and as indicated on the Plans. 1-4 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. 2-2 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(REV) Page 1 Special Conditions 2-3 FEDERAL REOUIREMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS The Work performed under this Contract shall conform to the Federal Requirements for CDBG Projects attached as Addendum A. 2-4 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. 2-5 CONSTRUCTION REVIEW The City shall provide a project representative to review the quality of materials and workmanship. 2-6 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 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. 2-7 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. 2-8 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. 00900-1-2016(REV) Page 2 Special Conditions 2-9 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. 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(REV) Page 3 Special Conditions ADDENDUM A: FEDERAL REQUIREMENTS FOR CDBG PROJECTS TABLE OF CONTENTS Section No. Title FR-01 Breach of Contract Terms FR-02 Termination of Contract FR-03 Equal Employment Opportunity- 41 CFR Part 60-1.4(b) FR-04 Standard Federal Equal Employment Opportunity Construction Contract Specifications — 41 CFR Part 60.4.3 FR-05 Copeland Anti-Kickback Act 29 CFR Part 5 FR-06 Davis-Bacon Labor Requirements 29 CFR part 5 FR-07 Contract Work hours and Safety Standards Act Requirements FR-08 Regulations Pertaining to Reporting FR-09 Rights to Inventions FR-10 Access to Records and Record Retention FR-11 Clean Air and Water Pollution Control FR-12 Energy Conservation Requirements FR-13 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FR-14 Lobbying and Influencing Federal Employees FR-15 Economic Opportunities for Low and Very-Low Income Persons FR-16 Affirmative Action Regulations and Plan FR-17 Women and Minority Owned Businesses (M/WBE) FR-18 Accessibility Section 504 Compliance FR-19 Texas Architectural Barriers Act FR-20 Drug-Free Workplace Requirements FR-21 Field Requirements FEDERAL REQUIREMENTS: FR-01 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor as provided in 29 CFR 5.12. FEDERAL REQUIREMENTS: FR-02 TERMINATION OF CONTRACT a. The City may, by written notice, terminate this contract in whole or in part at any time, either for the City's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in this clause. e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Reference: 49 CFR Part 18.36(i) (2) FEDERAL REQUIREMENTS: FR-03 EQUAL EMPLOYMENT OPPORTUNITY - Executive Order 11246 as amended, 41 CFR PART 60-1.4(b) During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by EO 11375 of Oct 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684. EO 12086 of Oct 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 203.Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shalt cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. Contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part of his/her Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p.230 Reference:Executive Order 11246& Title 41 CFR Part 60-1.4 FEDERAL REQUIREMENTS: FR-04 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black(all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3)Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Reference: Executive Order 11246& Title 41 CFR Part 60—4.3 FEDERAL REQUIREMENTS: FR-05 COPELAND "ANTI-KICKBACK" ACT— 18 U.S.C. 874/40 U.S.C. 276c/29 CFR Part 3 Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees "Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both." [18 U.S.C. 874 (June 25, 1948, Ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statements." [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950(15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note): "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..." FEDERAL REQUIREMENTS: FR-06 FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010) DAVIS - BACON REQUIREMENTS Compliance with Davis-Bacon and Related Act Requirements: All rulings and interpretations of the Davis-Bacon and Related Acts Contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference. For additional information regarding Labor Rates, please go to the following United States Department of Labor website: http://www.dol.gov/whd/contracts/dbra.htm Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. (i) Minimum Wages All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act(29 CFR Part 3)),the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a.)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (a)Any class of laborers or mechanics, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30- day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs(1)(ii)(b)or(c)of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budged under OMB control number 12150140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to David-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b) (2) (B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B)of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a) (3) (i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance, "signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under CFR 5.5(a) (3) (i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii)The contractor or subcontractor shall make the records required under paragraph A.3.(i) available for inspection, copying or transcription by authorized representatives of HUD or its designee, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded. Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CF Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C, "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of influencing in any way the action of such Administration....makes, utters or publishes any statement knowing the same to be false.....shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provision of this Contract are applicable shall be discharged or in any other manner discrimination against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Reference: Title 29 CFR Part 5.5 WAGE RATES General Decision Number: TX190007 01/04/2019 TX7 Superseded General Decision Number: TX20180016 State: Texas Construction Types: Heavy and Highway Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Counties in Texas. HEAVY (excluding tunnels and dams, not to be used for work on Sewage or Water Treatment Plants or Lift / Pump Stations in Bell, Coryell, McClennon and Williamson Counties) and HIGHWAY Construction Projects Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10. 60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10. 60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5 (a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2)- (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 * SUTX2011-006 08/03/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures) $ 12.56 ELECTRICIAN $ 26.35 FORM BUILDER/FORM SETTER Paving & Curb $ 12. 94 Structures $ 12.87 LABORER Asphalt Raker $ 12. 12 Flagger $ 9.45 Laborer, Common $ 10.50 Laborer, Utility $ 12.27 Pipelayer $ 12.79 Work Zone Barricade Servicer $ 11.85 PAINTER (Structures) $ 18.34 POWER EQUIPMENT OPERATOR: Agricultural Tractor $ 12. 69 Asphalt Distributor $ 15.55 Asphalt Paving Machine $ 14 .36 Boom Truck $ 18.36 Broom or Sweeper $ 11.04 Concrete Pavement Finishing Machine $ 15. 48 Crane, Hydraulic 80 tons or less $ 18.36 Crane, Lattice Boom 80 tons or less $ 15.87 Crane, Lattice Boom over 80 tons $ 19.38 Crawler Tractor $ 15. 67 Directional Drilling Locator $ 11. 67 Directional Drilling Operator $ 17.24 Excavator 50, 000 lbs or Less $ 12.88 Excavator over 50, 000 lbs $ 17.71 Foundation Drill, Truck Mounted $ 16. 93 Front End Loader, 3 CY or Less $ 13. 04 Front End Loader, Over 3 CY $ 13.21 Loader/Backhoe $ 14. 12 Mechanic $ 17. 10 Milling Machine $ 14. 18 Motor Grader, Fine Grade $ 18.51 Motor Grader, Rough $ 14. 63 Pavement Marking Machine $ 19. 17 Reclaimer/Pulverizer $ 12.88 Roller, Asphalt $ 12.78 Roller, Other $ 10.50 Scraper $ 12.27 Spreader Box $ 14.04 Trenching Machine, Heavy $ 18. 48 Servicer $ 14.51 Steel Worker Reinforcing $ 14 .00 Structural $ 19.29 TRAFFIC SIGNAL INSTALLER Traffic Signal/Light Pole Worker $ 16.00 TRUCK DRIVER Lowboy-Float $ 15. 66 Off Road Hauler $ 11.88 Single Axle $ 11.79 Single or Tandem Axle Dump Truck $ 11. 68 Tandem Axle Tractor w/Semi Trailer $ 12.81 WELDER $ 15. 97 WELDERS - Receive rate prescribed for craft performing op rati nn tf1 w 1i ! }l welding l .s l ncl(�PTltra _ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 2/19/2019 FEDERAL REQUIREMENTS: FR-07 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3)Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this paragraph. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. (5) Health and Safety. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. The Contractor shall include the provisions of this para-graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary Reference: 29 CFR Part 5.5 & Advisory Circular 150/5100-6d FEDERAL REQUIREMENTS: FR-08 REGULATIONS REGARDING REPORTING INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD-2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons means low-income families (including single persons)whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 2. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi- year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f, the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic /gender character of the owner(s) and controller(s) of 51% of the business. When 51% or more is not owned and controlled by any single racial/ethnic/ gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. 7f. Contractor Identification (ID)Number: Enter the Employer(IRS)Number of the unique identifier for prime recipient of HUD funds. Note that the Employer(IRS) Number must be provided for each contract/subcontract awarded. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A Section 3 contractor/subcontractor is a business concern that provides economic opportunities to low-and very low-income residents of the metropolitan area(nonmetropolitan county), including a business concern that is 51 percent or more owned by low- or very low-income residents; employs a substantial number of low- or very low-income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youth build programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act. The terms "low-income persons"and "very low-income persons" have the same meanings given the terms in section 3(b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons mean low-Income families (including single persons) whose incomes do not exceed 50 percent of the median family Income area, as determined by the Secretary with adjustments or similar and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Instructions for: Form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or(3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (including reduction and abatement of lead- based paint hazards); (2) housing construction; or (3) other public construction projects; and to contracts and subcontracts in excess of $100,000 awarded in connection with the Section-3- covered activity. Form HUD-60002 has three parts, which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part III summarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low-income persons.* A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted.Where an annual performance report is not required,this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name. 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the "Program Code" in number 8. Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other" includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full- time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non-Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts — Self-explanatory Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs/IHAs are to report all contracts/subcontracts. *The terms "low-income persons" and very low-income persons" have the same meanings given the terms in section 3 (b)(2)of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families (including single persons) whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. 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I • .Ez a v, ZeC 2 v ao b VI �1.. o o p cC ._, }'8 o .- r. a p ,t) ¢ u U at o 2' � eel c4a a c., g < u ec. a5 suu�•r 7 0 t,y o c Vicyv a rotQ;, v n at or 0 .0 Section 3 Summary Report U.S.Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for and Urban Development (exp.11/30/2010) Low—and Very Low-Income Persons Office of Fair Housina And Equal Opportunity HUD Field Office: Section back of page for Public Reporting Burden statement HUD Field Office: 1.Recipient Name&Address: (street,city,state,zip) 2.Federal Identification: (grant no.) 3. Total Amount of Award: 4.Contact Person 5.Phone: (Include area code) 6.Length of Grant: 7.Reporting Period: 8.Date Report Submitted: 9.Program Code: (Use separate sheet 10. Program Name: for each program code) Part I: Employment and Training(**Columns B,C and F are mandatory fields. Include New Hires in E&F) A B C D E F Number of Number of New %of Aggregate Number %of Total Staff Hours Number of Section 3 Job Category New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees Sec.3 Residents that are Sec.3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other(List) Total *Program Codes 3=Public/Indian Housing 4=Homeless Assistance 8=CDBG State Administered 1=Flexible Subsidy A=Development, 5=HOME 9=Other CD Programs 2=Section 202/811 B=Operation 6=HOME State Administered 10=Other Housing Programs C=Modernization 7=CDBG Entitlement FEDERAL REQUIREMENTS: FR-9 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by HUD or its designee and the Sponsor of the Federal grant under which this contract is executed. Reference: Title 49 CFR Part 18.36(i) (8) FEDERAL REQUIREMENTS: FR-10 ACCESS TO RECORDS AND RECORD RETENTION The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, HUD and the Comptroller General of the United States or any of their duly authorized representative's access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference: Title 49 CFR Part 18.36(i) FEDERAL REQUIREMENTS: FR-11 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency(EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. Reference: Clean Air Act(42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act(33 U.S.C. 1251 et seq.)as amended, (49 CFR Part 18.36(i)(12)&Section 306 of the Clean Air Act&Section 508 of the Clean Water Act FEDERAL REQUIREMENTS: FR-12 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). Reference: Title 49 CFR Part 18.36 & Public Law 94-163 FEDERAL REQUIREMENTS: FR-13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference: 49 CFR Part 29 & FAA Order 5100.38C FEDERAL REQUIREMENTS: FR-14 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. Reference: Title 49 CFR Part 20, Appendix A FEDERAL REQUIREMENTS: FR-15 ECONOMIC OPPORTUNITIES FOR LOW AND VERY-LOW INCOME PERSONS Section 3 Clause. Housing and Urban Development Act of 1968 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b)of the Indian Self-Determination and Education Assistance Act(25 U.S.C. 450e)also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). § 135.40 Providing other economic opportunities. (a) General. In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance. (b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of "upward mobility", "bridge" and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part- time positions. (c) Other business related economic opportunities. (I) A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro-enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident-owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-section 3 businesses to utilize such methods to provide other economic opportunities to low-income persons. (2) A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Subpart C [Reserved] FEDERAL REQUIREMENTS: FR-16 AFFIRMATIVE ACTION REGULATIONS AND PLAN An Affirmative Action Plan (AAP) must be submitted by the prime contractor and all subcontractors who have subcontracts of $10,000 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view and must include the percentage of AAP goals. FEDERAL REQUIREMENTS: FR-17 WOMEN AND MINORITY OWNED BUSINESSES (M/WBE) The Contractor will do the best efforts to afford small business(Section 3(a)of the Small Business Act), minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this project. FEDERAL REQUIREMENTS: FR-18 ACCESSIBILITY SECTION 504 COMPLIANCE CDBG regulations require adherence to the following regulations: Americans with Disabilities Act (ADA) removal of architectural and communications barriers. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of disability. FEDERAL REQUIREMENTS: FR-19 TEXAS ARCHITECTURAL BARRIERS ACT Elimination of Architectural Barriers , Government Code Chapter 469.- The intent of this chapter is to ensure that each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss of function, space, or facilities. A State compliance certificate will be required at completion of project construction for contracts $50,000 and above; the contractor shall strictly adhere to the construction approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations (TDLR.) FEDERAL REQUIREMENTS: FR-20 DRUG-FREE WORKPLACE REQUIREMENTS The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. FEDERAL REQUIREMENTS: FR-21 FIELD REQUIREMENTS TO BE POSTED: All posting documents must be placed in a visible location at the job site on a notice board: Davis-Bacon Poster: The WH Publication 1321 must be placed in a visible location at the job site on a notice board with the Contractor's and sub-contractors'Affirmative Action Plans when applicable. Davis-Bacon Prevailing Wage Rates: The Contractor shall display in a visible location at the job site on a notice board for employee viewing the Federal Wage Rates that apply to each Individual type of project. HUD Form 4010 Federal Labor Standards Provisions: The Contractor must be place in a visible location at the job site on a notice board the requirements of Davis- Bacon, Copeland, and Contract Work Hours and Safety Standards Acts. Section 3 Notice: The Contractor must inform workers of Economic Opportunities for Low and Very-Low Income Persons. Information pertaining to this notice must be placed in a visible location at the job site on a notice board. Executive Order 112461: The Contractor must place in a visible location at the job site on a notice board requirements that set forth the anti-discrimination policy for this project. Parts II & III of this Executive Order are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. CDBG Project Sign: Project Sign: Contractors responsible to install in a visible location as selected by the City, a CDBG Project Sign prior to commencement of construction. Dimensions and design is attached. The field location will be determined prior to work start. Compliance Affidavit: The Contractor must sign and return the attached affidavit to the City prior to beginning work on the project. Affirmative Action Plan: The Contractor must submit and post this plan at the jobsite. Affidavit and Waiver of Lien by Contractor: The Contractor must complete, sign and return this waiver with each request for payment. CDBG PROJECT SIGN 8' iI Red PROJECT NAME Background Project Address White Letters CITY OF White Background Community Development Block Grant (CDBG) Black Letters 4' U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CDBG FUNDS: $ Total Project Cost: Blue Background Contractor: Address: White Letters Phone Number: 3'-6" } Contractor to locate sign where it is most visible to the public and as approved by City Sign is made from a 4 feet x 8 feet sheet of 3/" plywood. Sign should be posted at a minimum of than 3' 6" high from ground level. AFFIRMATIVE ACTION PLAN in compliance with Executive Order No.11246 and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall,on the ground of race,color, religion,sex or national origin, be denied employment,and further assurance is also given that will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the job location for the benefit of interested parties, and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts,to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3,Attachment#1 reflects anticipated subcontractor(s)needed (by craft)and approximate dollar amounts in each category for the duration of this project. will use the HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 11246 will be required of all subcontractors of$10,000 or more. UTILIZING LOWER INCOME RESIDENTS, MINORITIES AND WOMEN To the maximum extent feasible, and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment#2 indicates current workforce,and Attachment#3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION,DEMOTION,PAY RATES, LAYOFFS, ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer SIGNATURE DATE (print) Name of EEO Officer SIGNATURE DATE COMPANY NAME: ADDRESS: PHONE NO.: AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF WILLIAMSON Personally appeared before me,the undersigned authority in and for said State and County, (Name/Title)of (Name of Company) which firm is hereinafter called "Contractor",who being duly sworn stats an oath that he has personal knowledge of the following: 1. Contractor has paid in full all debts, obligations, and liabilities (including, without limitation a!! dahtc nhligatinnc and liabilities fnr lahnr, materials; equipment or services, and for all local, state or federal taxes)which have been incurred by Contractor, or which are claimed by others to have been incurred by Contractor, or which have arisen in conjunction with work done, or labor, materials, equipment or services furnished by Contractor under contract with the City of Round Rock on the (Project Name) 2. Thic Affidavit and waiver is made and given upon and in exchange for final payment of all sums due Contractor by the City of Round Rock under the terms of said contract. In consideration therefor, Contractor waives and releases any and all claims and any and all liens or rights to liens which Contractor has or may have against the City of Round Rock for amounts due and owing to Contractor by virtue of Contractor furnishing the labor, materials, equipment or services referred to above. The above statements are made by (Name) of (Name of Company) individually and on behalf of the Contractor. (Name and Title) (Company Name) Sworn to and subscribed before me on (Date). Notary Public State of Texas Commission Expires 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 1 and butt � shall 1_^.installed .� , 41-..-.T..<..... Traffic control measures and icaucs shall e installed in aL.L.vldance 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 corner 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 01000-7-2015 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 01000-7-2015 Technical Specifications 00193116 02000 PLANS, DETAILS AND NOTES Z:\Transportation\Project Management\Active Projects\Sidewalk Projects\CDBG-201 7 Sidewalk Project\Plans Sc Maps\Plan Sheets\Chisolm Valley SW Plan Sheets.dwg 1 ' \ \, \L__-------,_ : :--------...' --., ff • G 7 1:-.,, 77 tl` midair ----)7_(,,,,., IIIIII ___, . thikb.. 04411PA\, r 1r4 0 P A _ , , _ 444V w 4.411$*, , ,„ -,D-7 -,,-.4%. _,.... ,„ ,,, 411111 mill . , , ,,„ -,,, 4, ip w ' - _____, , ;---------__ so* r-N,..,.. J iiiiiii,', , iiiirft, ,� -gm. , , , ,, ii. 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C = T1 z 0, Ti r 0 r rn 0 to Z 0° O m Z rn �, o Z N x ° C o = I- m O q co O 0 GlTY• .. D D ; 0 m (7 CO T1 D n O C o s•.: p Z t...: •• m N 0 73 0 �,19 m m `fij sN I m CmD11, � ,oO V) r * t` i: _m ,.!� O% :z .A. ;"/ m CO m 1 t:i ,:,ro f'I1ttR.. •h •,o o N PROJECT NAME: 2 O 1 7 CDBG SIDEWALK SCALE: N.T.S. - CITY OF ROUND ROCK, TX .., PROJECT—CHISHOLM VALLEY SUB DATE: 05/06/2019 X(-L.) -.Z Transportation Department z m SHEET NAME: STANDARD DETAILS DRAWN BY: M.B. - I ROUNOROGK"IEXA', 3400 SUNRISE ROAD M DRAWING FILE: www.roundrocktexas.gov i J Z:\Transportation\Project Management\Active Projects\Sidewalk Projects\CDBG-2017 Sidewalk Project\Plans & Maps\Plan Sheets\Chisolm Valley SW Plan Sheets.dwg m m rn ;p X < 1 om—c-I m � x mz 0 0 z o rn d0 ] 4 D ---------N r I I,,, ,,, ,> on 1 1 � 1 rn I 1 _ . 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PROJECT—CHISHOLM VALLEY SUB DATE: 05/06/2019 CITY OF ROUND ROCK, TX N Z , ,, Transportation Department o z Q1 CD m SHEET NAME: DRIVEWAY SAW CUT DRAWN BY: M.B. - / ROUNEIROCSC1EXn5 3400 SUNRISE ROAD iww.wmm CA WWW.roundrocktexas.gov m PLAN & PROFILE DRAWING FILE: Z:\Transportation\Project Management\Active Projects\Sidewalk Projects\CDBG-2017 Sidewalk Project\Plans & Maps\Plan Sheets\Chisolm Valley SW Plan Sheets.dwg DISCLAIMER: The use of this standard is governed by the "Texas Engineering Practice Act". No warranty of any kind is mode by TxDOT for any purpose whatsoever. TxDOT assumes no responsibility for the conversion of this stondard to other formats or for incorrect results or damages resulting from its use. DATE: FILE: o M *1,A'*D.- bxC^1z _ M *c� mDm1 0 Z ZZmxm1 - - c mn I n zo+nnnr ? 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CITY OF ROUND ROCK, TX $ x 9 PROJECT—CHlSHOLM VALLEY SUB DATE: 08/15/2018 Transportation Department Z oo SHEET NAME: TX—DOT PEDESTRIAN DRAWN BY: G.R.L. - '' ROUNL7ROCK TE_MS 3400 SUNRISE ROAD FACILITIES CURB RAMPS DRAWING FILE: www•roundrocktexas•gov Z:\Transportation\Project Management\Active Projects\Sidewalk Projects\CDBG-2017 Sidewalk Project\Plans & Maps\Plan Sheets\Chisolm Valley SW Plan Sheets.dwg DISCLAIMER: The use of this standard is governed by the "Texas Engineering Practice Act". No warranty of any kind is mode by TxDOT for any purpose whatsoever. TxDOT ossunes no responsibility for the conversion of this stondord to other formats or for incorrect results or domoges resulting from its use. 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'� pp Q �mc O \ \ T m o V j = 0 nnz M Z m x Q Z o rn onm0 x g 'i -I r m � , 'n y o Dm� PHONE M ^D o T rnN hh \i 1 ad m m i H z - (iOd • 0 x jI _ 1-. zNEL, zoIA m m Qo ,N a� n V) cik: y•• co 2 itnl 0 1c, D •Gj o llt\\l•...Z�`.o..�. zo N PROJECT NAME: 2017 CDBG SIDEWALK SCALE: N.T.S. �7) � PROJECT—CHISHOLM VALLEY SUB DATE: 08/15/2018 CITY OF ROUND ROCK, TX TX—DOT Transportation Department z up 2 SHEET NAME: PEDESTRIAN DRAWN BY: C.R.L. " ROUNQROCKIEXA� 3400 SUNRISE ROAD m it+.+:4:+i'.lF tH E FACILITIES CURB RAMPS DRAWING FILE: www.roundrocktexas.gov l Z:\Transportation\Project Management\Active Projects\Sidewalk Projects\CDBG-2017 Sidewalk Project\Plans & Maps\Plan Sheets\Chisolm Valley SW Plan Sheets.dwg DISCLAIMER: The use of this standard is governed by the "Texas Engineering Practice Act". No warranty of any kind is made by TxDOT for any purpose whatsoever. TxDOT assumes no responsibility for the conversion of this standard to other formats or for incorrect results or damages resulting from its use. DATE: FILE: to X) m a N 0 rn -0 r in m 3:m -in 17-1 - V1 0r in r cN n� o l n� zx z33 C) rn ! r)n m d m Cn a ! me zu' mo c to —1 a ,� I x , m a u,E H F i �x 'Or vt El' ! tr �z-- 1 z A .-- Do n F4 m ! 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Z // \ /, F F "17 Z E \c,-,/, m t7 E .,! ti E \ .1' T i T n C F V 7 c x x f�1 d ..al 2 • n z z� z l O - m p` Ln 121 co m �) E /Z , / m 1 4-1 ln Fis I=i=1C)"1 1 m - FI, i, 1 1 t �2o! D o � z_ > o 1 : W y F !;i E m -1 I. Ii 1s Ed T (r� may vl 1 � a 1 ��b * 11 :m --, �,. :•O, :Z A ,, : � 1 -n,6-1I �,� Oo = '-chi 111`‘,\<�a4.4"...u. cS N PROJECT NAME: 2017 CDBG SIDEWALK SCALE: N.T.S. CITY OF ROUND ROCK, TX m. � PROJECT—CHISHOLM VALLEY SUB DATE: 08/15/2018 2 L. t..)� .- Transportation Department 0 K SHEET NAME: TX—DOT PEDESTRIAN DRAWN BY: G.R.L. r ROUNDIROCK TEXIS 3400 SUNRISE ROAD CD r t2+H:b�6��r til id FACILITIES CURB RAMPS DRAWING FILE: f www.roundrocktexas.gov E THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Transportation Department 3400 Sunrise Road BY: Matthew Bushak Round Rock, Texas 78665 DATE: 12/2/2019 g BID TABULATION Q SHEET: 1 of 2 CONTRACT: 2017 CDBG Sidewalk Project-Chisholm Valley Subdivision A Greater Austin Engineer's Estimate TI-Zack Concrete Yoko Excavating M&C Fonseca Construction Development Company LOCATION: 2008 Enterprise Dr,Round Rock Matt Bushak,PE Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes DATE; 11/21/2019 City of Round Rock Addendum(s)? N/A Addendum(s)? N/A Addendum(s)? N/A Addendum(s)?N/A Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes APPROX. UNIT UNIT UNIT UNIT UNIT TEAM ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST PRICE COST JConcrete Sidewalk (4"), complete 1 in place 21464 S F. $8.25 $177,078.00 $7.50 $160,980.00 $7.50 $160,980.00 $8.50 $182,444.00 $9.25 $198,54200 Remove and Replace Concrete 2 Driveway,complete in place 7734 S.F. $12.25 $94,741.50 $11.20 $86,620.80 $8.50 $65,739.00 $12.00 $92,808.00 $20.00 $154,680.00 Curb Ramp w/ detectable warning 3 surface 20 E.A $1,700.00 $34,000.00 $1,540.00 $30,800.00 $1,200.00 $24,000.00 $2,800.00 $56,000.00 $1,500.00 $30,000.00 4 Sod,Complete in place 1192 S.Y $7.00 $8,344.00 $5.00 $5,960.00 $6.00 $7,152.00 $8.40 $10,012.80 $13.00 $15,496.00 J5 Erosion Control.complete in place 1 L.S $8,000.00 $8,000.00 $5,000.00 $5,000.00 $3.600.00 $3,600.00 $7,000.00 $7,000.00 $50,000.00 $50,000.00 6 1 Traffic Control,complete in place 1 L.S $9,000.00 $9,000.00 $5,000.00 $5,000.00 $1,500.00 $1,500.00 $7,000.00 $7.000.00 $1,600.00 $1,600.00 JCDBG Project Sign, complete in 7 place 1 E.A $750.00 $750.00 $1,650.00 $1,650.00 $500.00 $500.00 $2,000.00 $2,000.00 $1,400.00 $1,400.00 8 IMobilization 1 L.S $33,191.35 $33,191.35 $35,000.00 $35,000.00 $9,000.00 $9,000.00 $17,500.00 $17,500.00 $45,000.00 $45,000.00 Contingency(10%) $36,510.49 TOTAL: $401,615.34 $331,010.80 $272,471.00 $37.1,764.80 $496,718.00 OF 1 t, MATTHEW BUSHAK � 40 91430 Af THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Transportation Department 3400 Sunrise Road BY: Matthew Bushak Round Rock, Texas 78665 DATE: 12/2/2019 BID TABULATION SHEET: 2 of 2 Myers Concrete Unity, Contractor Services Patin Construction Construction Services WLE Construction Smith Contracting Partner Remodeling Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Addendum(s)? N/A Addendum(s)? N/A Addendum(s)? N/A Addendum(s)? N/A Addendum(s)? N/A Addendum(s)? N/A Addendum(s)? N/A Bid Bond? Yes Bid Bond?Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond?Yes Bid Bond? Yes UNIT UNIT UNIT UNIT UNIT UNIT UNIT PRICE COST PRICE COST PRICE COST PRICE COST PRICE COST PRICE COST PRICE COST $9.00 $193,176.00 $8.40 $180,297.60 $9.00 $193,176.00 $8.92 $191,458.88 $7.50 $160,980.00 $8.25 $177,078.00 $6.00 $128,784.00 $11.50 $88,941.00 $16.00 $123,744.00 $18.00 $139,212.00 $11.50 $88,941.00 $12.00 $92,808.00 $1400 $108,276.00 $7.25 $56,071.50 $1,500.00 $30,000.00 $1.800.00 $36,000.00 $1,900.00 $38,000.00 $2,224.82 $44,496.40 $1,372.00 $27,440.00 $1,200.00 $24,000.00 $1,100.00 $22,000.00 $12.00 $14,304.00 $7.00 $8,344.00 $8.50 $10,132.00 $19.75 $23,542.00 $11.00 $13,112.00 $10.00 $11,920.00 $5.00 $5,960.00 $35,000.00 $35,000.00 $40,000.00 $40,000.00 $60,000.00 $60,000.00 $11,726.23 $11,726.23 $34,432.00 $34,432.00 $50,000.00 $50,000.00 $15,000.00 $15,000.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $18,180.00 $18,180.00 $8,608.09 $8,608.09 $13,372.00 $13.372.00 $5,000.00 $5,000.00 $1,500.00 $1,500.00 $80000 $800.00 $L500.00 $1,500.00 $1,800.00 $1,800.00 $1,459.76 $1,459.76 $1,052.00 $1,052.00 $1,000.00 $1,000.00 $300.00 $300.00 $25,000.00 $25,000.00 $20,000.00 $20,000.00 $37,000.00 $37,000.00 $10,801.93 $10,801.93 $32,985.00 $32,985.00 $18,000.00 $18,000.00 $1,500.00 $1,500.00 $389,721.00 $412,385.60 $497,500.00 $381,03.1.29 $376,181.00 $395,274.00 $231,115.50 �s�1 •+Y, f it � .0V ds......s,.......................... MATTHEW BUSHAK �- 91430 i C3 !f E SSC) tS TQ. L .. .-r Mayor Counciimembers City Manager Cram Morgan Tammy Young Laurie Hadley Rene Flores Matthew Baker OCA ROCK TEMS Mayor Pro-Tem Will Peckham City Attorney TRANSPORTATION Writ Baese Hilda Montgomery Stephan L. Sheets December 4, 2019 Re: 2017 CDBG Sidewalk Project-Chisholm Valley Subdivision Engineer's Recommendation of Award of Contract Dear Mr. Hudder: A total of eleven (11) sealed bids were received and opened on November 21, 2019 for the above referenced project.The bids ranged from $231,115.50 to $497,500.00. Partners Remodeling from Austin,Texas, submitted the lowest bid in the amount of$231,115.50. Partners Remodeling successfully completed a similar project for the City within the last two years and has proven they are capable of performing the work. After reviewing the contractor's experience and bid price, I recommend award of this project to Partners Remodeling in the amount of$231,115.50. Sincerely, Matt Bushak, P.E. Senior Transportation Engineer Attachments: Certified Bid Tabs CITY OF ROUND ROCK TRANSPORTATION DEPARTMENT•2008 Enterprise Drive, Round Rock;Texas 78664 (P) 512.218.7044.(F) 512.218.5563•roundrocktexas.gov CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 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. 2019-572793 Partners Remodeling Restoration and Waterproofing AUSTIN,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 12/30/2019 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. Chisholm Valley Subdivision Concrete Sidewalks and driveways 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Besa,Juan Austin,TX United States X Besa, Pat Austin,TX United States X Besa, Daniel Austin,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is ��1/Vt and my date of birth is �/� My address is �Z� / �%G227 T�/�/� /JSl/(� /� 79.7,. 05' (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in �� y�S County, State of _,on the 30 day of SCC. ,20,`> (month) (year) Signature of authorized agenf contracting business enti (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 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. 2019-572793 Partners Remodeling Restoration and Waterproofing AUSTIN,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 12/30/2019 being filed. City of Round Rock Date Acknowledged: 01/07/2020 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. Chisholm Valley Subdivision Concrete Sidewalks and driveways 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Besa, Juan Austin,TX United States X Besa, Pat Austin,TX United States X Besa, Daniel Austin,TX United States X 5 Check only if there is NO Interested Party. ❑ 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 V1.1.3a6aaf7d