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Contract - James Construction Group - 3/12/2020 ii v w_.., -0, , ORIGINAL CITY OF ROUND ROCK TRANSPORTATION DEPARTMENT U ti ..,.. I ,-.." ' ROUND ROCK 0 J Project Manual For: LOGAN STREET rd LIMITS: rJ Greenlawn Blvd. to A.W. Grimes Blvd. q J December 2019 J Prepared By: Aguirre & Fields, LP ....,,,,00.\\%, i:; x ..:As, BY .. .A. t CI Allpf3 EY E ARTURO A. TERR / ... AZ ASj _f 1' e, 13173..g......i tt i .1► ; , if 3' . 44/ ' ,ZP .4''\ 4 kc<VI• le............... ‘‘‘1 t•- ;:-- rz] 9111 TBPE Firm Regi tration No F-739 LOGAN STREET I n TABLE OF CONTENTS Section Description No. of Pages 00020 Notice to Bidders 1 00100 Instructions to Bidders 4 Exhibit A 1 00200 Bid Bond 2 00300 Bid Form 20 1-1 00410 Statement of Bidder's Safety Experience 1 00500 Agreement 5 00600 Insurance & Construction Bond Forms Performance & Payment Bond Instructions 1 Insurance Instructions 1 00610 Performance Bond 2 00620 Payment Bond 2 00650 Certificate of Liability Insurance 1 J00700 General Conditions 41 00800 Supplemental General Conditions 2 00900 Special Conditions 5 01000 Technical Specifications 4 Specification List 2 02000 Plans, Details and Notes 21 Special Provisions - Sheets 1-2 Special Specifications - Sheets 3-21 Plan Set entitled Logan Street - Sheets 1-167 (Provided in Separate Document) IJ 8-2016 Table of Contents 00090665 J n r-- l 00020 NOTICE TO BIDDERS �.J J L NOTICE TO BIDDERS Sealed bids addressed to Jose Montelongo EIT, City of Round Rock, Transportation Department, 3400 Sunrise Road, Round Rock, TX 78665, for furnishing all labor, material and equipment and performing all work required for the project titled, Logan Street (project includes grading, paving, bridge, retaining walls, signing and striping, storm sewer illumination, curb and gutter, sidewalk and trail), will be received until January 22nd, 2020 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 "Logan Street". Bids must also be accompanied by a "Statement of Bidder's Safety Experience" included in Section 410 of the Project Manual. No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5%) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders maybe obtained from the Cityof 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 contact the City's Project Manager, Jose Montelongo, EIT , 512-218-7026. 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 g rates as determined by the City of Round Rock. A non-mandatory Pre-Bid conference will be held at 3400 Sunrise Road, Round Rock, Texas on December 19, 2019 at 1:30 p.m.. �_JI Publish Dates: Round Rock Leader: January 2, 2020 January 9, 2020 Civcast(online) u 00020 10-2015 Notice to Bidders 00193093 Page 1 r-- 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: flJ haps://www.roundrocktexas.govibusinesses/solicitatica. Bidders shall be responsible for printing or obtainingprints 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 (1-1 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 L discretion of the City. I � U Page 1 00100 2-2016 .P.r 00090650 Instructions to Bidders 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 Cityi p nits 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 i w then 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 j-- 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 authorityfrom 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 allo w 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 Ufurnished 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 1 the Contractor. The Contractor must then issue a resale certificate to the material supplier Page 3 J00100 2-2016 00090650 Instructions to Bidders U 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 bythe Contractor; p 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 L 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 r, 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. Li Page 4 00100 2-2016 Instructions to Bidders 00090650 ii r- 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 g 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: n 1. Upon being notified of a bid award,the award recipient("business entity")must go to the following website: https://www.ethics.state.tx.us/whatsnew/elf info jorm1295.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(?.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 r r Form 1295. 7. This process must be followed for each contract a business entity enters into with the City of Round Rock. 1 J 8. A Form 1295 cannot be handwritten. It must be completed electronicallythroughthe TEC website application. 9. If you have any questions regarding the filing of Form 1295,please contact: Sara White, City Clerk fJ 221 East Main Street Round Rock,Texas 78664 Phone: (512)218-5404 Fax: (512)218-7097 E-mail: swhite@roundrocktexas.gov I, ( n r ( 11 TI 00200 BID BOND Li j I t q a BID BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That James Construction Group, LLC of the City of Baton Rouge County of East Baton Rouge Parish State of Louisiana as Principal, and Continental Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS ("Owner"), in the penal sum of Five Percent (5%) of the total amount of the Bid of the Principal submitted to the Owner,for the Work described below;for the payment whereof,well and truly to be made, and the said Principal and Surety do herby bind themselves and their heirs, administrators, executors, successors and assigns,jointly and severally, as follows: In no case shall the liability of the Surety hereunder exceed the sum of( Five Percent of Bid Amount Dollars ($ 5% of Bid Amount ). 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 Logan Street for which Bids are to be opened at the office of Owner on the 22nd day of January , 20 20 . 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 13th day of the month of January 20 20 . James Construction Group, LLC Continental Casualty Company Principal Surety 5 to++ A etas it. Karen Rhodes Printed Na Printed N me ' rift&Y By:B Title: tor- est kiSi Title: 'tt ey-in-Fact Addre s: a a a-- Pa n nbAr ci - Address: 151 N. Franklin Street ‘-‘ Tic "no q d Chicago, IL 60606 00200 9-2015 Page 1 Bid Bond 00090652 Resident Agent of Surety: i\; Signature Printed Name Street Address City, State, Zip Page 2 00200 9-2015 Bid Bond 00090652 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin On _ January 13, 2020 before me, Jon Richard Sullivan, Notary Public (insert name and title of the officer) personally appeared Karen Rhodes who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ;Ai JON RICHARD SULLIVAN COMM. #2165103 z WITNESS my hand and official seal. ��1.r Notary Public-California z � Marin County tF.pk My Comm.Expires Sep.19,20201 Signature (Seal) POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Michael Brophy Mc Gowan,Susan J Mc Gowan,Jon Richard Sullivan,Karen Rhodes,Trisha Chang,Individually of Novato,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 8th day of October,2018. Continental Casualty Company („.elikStrfiN\Py �`�� WSUR ,� ` DAHY pr S y %. National Fire Insurance Company of Hartford coaPOAar� � 4 ORPggqT �' ' . American Ca alty Company of Reading Pennsylvania ' Z) ULY31, yoEALLYa897 � • Zier---- Paul T.Bruflat ce President State of South Dakota,County of Minnehaha,ss: On this 8th day of October,2018,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. J.MOHR NOTARY PURUC SOUTH�AKOTA Z ):7)94//f1A ) My Commission Expires June 23,2021 J. Mohr Notary Public CERTIFICATE I,D.Johnson,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford, an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 13th day of January,2020. �4 ,C,i <r� �\�� 1NSUR,p,�� y`Q�l14ANY OF Continental Casualty Company ,� ,� National Fire Insurance Company of Hartford fcoRpokrtre �i v CRPq fp �' 0 44 CM- ; a4 . R4T American Casualty Company of Reading,Pennsylvania O fi JULY 31, h �` SEALS`c1 1902 +� i 897 HARIFI 'ope b • (......0 . )4:°-""1"-%.'"- D. Johnson Assistant Secretary Form F6853.4/2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved:that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National Fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved:that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved:that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ' 6 0's %IN � NATIONAL ASSOCIATION OF SURETY BOND PRODUCERS AS? 941„ 7735 Old Georgetown Road, Suite 900 to NASBP Bethesda, MD 20814 z Tel: 240.200.1270 ti Fax: 240.200.1295 �'sT.194'4 www.nasbp.org NASBP White Paper: Resident Agent Countersignature Laws Have Been Eradicated and Violate the Law in Every U.S. State The purpose of this short white paper is to inform the reader that resident agent countersignature laws have been eradicated throughout the United States and its territories (with the exception of Guam, where it has not been challenged). Any bid, performance, or payment bond that requires a resident agent countersignature or a resident agent signature violates the law, as such requirements have been held unconstitutional by federal courts throughout the United States or have been repealed by state legislatures, because such requirements impermissibly favor licensed resident agents over licensed non-resident agents. It is not the countersignature requirement that is problematic; it is the resident agent countersignature requirement that violates the law. The National Association of Surety Bond Producers (NASBP) is aware that officials in some state and local agencies are not informed about the illegality of resident agent countersignature mandates. These officials will improperly reject a bid based on lack of a required resident agent countersignature or improperly refuse to accept performance and payment bonds based on lack of a required resident agent countersignature. NASBP receives dozens of member requests each year to send comment letters to public agencies that have included the unlawful resident agent countersignature requirement in their surety bonds. Countersignature laws date back to the early twentieth century when states passed the laws as a consumer protection measure. The regulations requiring non-resident agents to receive sign- off by a local resident agent were originally intended to ensure compliance with local insurance laws. Those regulations also meant that out-of-state agents had to pay local agents for their signatures. By the 1990s, technology made the countersignature laws an anachronism of regulation. The movement to repeal countersignature laws began in the 1990s and ended in 2008 when the Ninth Circuit struck down Nevada's countersignature law. This movement was spearheaded by The Council of Insurance Agents & Brokers. One of the most well-known and widely quoted cases on this matter is Council of Insurance Agents and Brokers v. Tom Gallagher, 287 F. Supp. 2d 1302 (N.D. Fla. 2003), in which the U.S. District Court for the Northern District of Florida struck down a Florida statute that impermissibly favored resident agents. The district court determined that there was no rational basis for a distinction between Florida licensed resident agents and Florida licensed non- resident agents and declared unconstitutional the Florida statute at issue that discriminated against Florida-licensed non-resident agents. Agency officials may want to have the agency's bond forms reviewed to ensure that its bonds do not contain an illegal resident agent signature or countersignature requirement. The bonds should contain a licensed (resident OR non-resident) agent requirement. October 2018 Primoris James Construction Group RESOLUTION OF THE BOARD OF MANAGERS OF JAMES CONSTRUCTION GROUP, LLC DATED November 4,2019 The undersigned, being all of the members of the Board of Managers of James Construction Group, LLC, a Florida limited liability company duly formed and validly existing under the laws of the State of Florida (the"Company"), pursuant to the authority granted in the Operating Agreement of the Company,do hereby consent to the adoption of the following resolutions,and do hereby adopt such resolutions: BE IT RESOLVED that the following individuals are the approved slate of officers of James Construction Group, LLC and each is authorized and has the power to bind the Company by entering in any contract or be executing any instrument in the name of the Company, and such authority is general and not confined to specific instances,and shall continue until modified by resolution; Tom McCormick CEO Mark W. Buchanan President Blanche Arceneaux Chief Financial Officer—Eastern Group John M. Perisich Executive Vice President/Secretary Scott Adair Sr. Vice-President Jonas Beatty Vice-President infrastructure& Maintenance Division Dave Van Dam Vice President Mitchell Bernhard Vice President BE IT FURTHER RESOLVED that the following individuals are the approved slate of managers of James Construction Group, LLC. Tom McCormick Manager Ken Dodgen Manager Mark Buchanan Manager John M. Perisich Manager Tom McCormick Ken Dodgen Mark Buchanan J hn M. Perisich 00300 BID FORM BID FORM PROJECT NAME: Logan Street PROJECT LOCATION: Round Rock, Texas OWNER: City of Round Rock, Texas DATE: 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 Logan Street Bridge project 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 by the close of business on . 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". Adden 1 - Jan 2, 2020 Adden 2 -Jan 7, 2020 Adden 3 -Jan 17, 2020 BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 1 13 STA 100 6002 PREPARING ROW complete in place per STATION for Fourteen Thousand Sixty Seven dollars and Seventy Seven cents. $ 14,067.77 $ 182,881.01 2 4 SY 104 6013 REMOVING CONC (FOUNDATIONS) complete in place per SQUARE YARD for Twenty Seven dollars and Twenty Five cents. $ 27.25 $ 109.00 00300-9-2015 Page 1 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 3 103 SY 104 6015 REMOVING CONC (SIDEWALKS) complete in place per SQUARE YARD for Three dollars and No cents. $ 3.00 $ 309.00 4 299 SY 104 6017 REMOVING CONC (DRIVEWAYS) complete in place per SQUARE YARD for Two dollars and Ninety Nine cents. $ 2.99 $ 894.01 5 440 LF 104 6022 REMOVING CONC (CURB AND GUTTER) complete in place per LINEAR FOOT for Two dollars and Sixty Two cents. $ 2.62 $ 1,152.80 6 862 SY 105 6037 REMOVING STAB BASE AND ASPH PAV(0"-16") complete in place per SQUARE YARD for Three dollars and Thirty cents. $ 3.30 $ 2,844.60 7 1908 CY 110 6001 EXCAVATION (ROADWAY) complete in place per CUBIC YARD for Sixteen dollars and Thirty Nine cents. $ 16.39 $ 31,272.12 00300-9-2015 Page 2 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 8 25 CY 110 6003 EXCAVATION (SPECIAL) complete in place per CUBIC YARD for Twenty One dollars and Twenty Nine cents. $ 21.29 $ 532.25 9 3020 CY 132 6001 EMBANKMENT (FINAL) (ORD COMP) (TY A) complete in place per CUBIC YARD for Thirty dollars and Seventy Three cents. $ 30.73 $ 92,804.60 10 4032 SY 160 6003 FURNISHING AND PLACING TOPSOIL (4") complete in place per SQUARE YARD for No dollars and Ninety Five cents. $ 0.95 $ 3,830.40 11 4032 SY 162 6002 BLOCK SODDING complete in place per SQUARE YARD for Three dollars and Sixty Five cents. $ 3.65 $ 14,716.80 12 2017 SY 164 6009 BROADCAST SEED (TEMP) (WARM) complete in place per SQUARE YARD for No dollars and Fifteen cents. $ 0.15 $ 302.55 00300-9-2015 Page 3 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 13 2017 SY 164 6011 BROADCAST SEED (TEMP) (COOL) complete in place per SQUARE YARD for No dollars and Fifteen cents. $ 0.15 $ 302.55 14 0.85 AC 166 6001 FERTILIZER complete in place per SQUARE YARD for Five Hundred dollars and No cents. $ 500.00 $ 425.00 15 599.8 MG 168 6001 VEGETATIVE WATERING complete in place per MILLION GALLONS for Twenty dollars and No cents. $ 20.00 $ 11,996.00 16 601 SY 169 6003 SOIL RETENTION BLANKETS (CL 1) (TY C) complete in place per SQUARE YARD for One dollars and Thirty Five cents. $ 1.35 $ 811.35 17 2 EA 192 6027 PLANT MATERIAL (100 GAL) (TREE) complete in place per EACH for One Thousand dollars and No cents. $ 1,000.00 $ 2,000.00 00300-9-2015 Page 4 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 18 2078 CY 247 6044 FL BS (CMP IN PLC) (TY A GR 4) (FNAL POS) complete in place per CUBIC YARD for Forty Four dollars and Twenty Seven cents. $ 44.27 $ 91,993.06 19 98 TON 260 6002 LIME (HYDRATED LIME (SLURRY)) complete in place per TON for One Hundred Sixty Six dollars and Fifty Four cents. $ 166.54 $ 16,320.92 20 4374 SY 260 6009 LIME TRT (EXST MATL) (10") complete in place per SQUARE YARD for Five dollars and Seventy Nine cents. $ 5.79 $ 25,325.46 21 659 GAL 310 6001 PRIME COAT(MULTI OPTION) complete in place per GALLON for Four dollars and Ninety Six cents. $ 4.96 $ 3,268.64 22 619 TON 341 6008 D-GR HMA TY-B PG64-22 complete in place per TON for Ninety One dollars and Seventy One cents. $ 91.71 $ 56,768.49 00300-9-2015 Page 5 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 23 389 TON 341 6043 D-GR HMA TY-D PG70-22 complete in place per TON for One Hundred Twenty Four dollars and Eighty Two cents. $ 124.82 $ 48,554.98 24 16 CY 401 6001 FLOWABLE BACKFILL complete in place per CUBIC YARD for One Hundred Thirty Two dollars and Twenty Three cents. $ 132.23 $ 2,115.68 25 164 LF 402 6001 TRENCH EXCAVATION PROTECTION complete in place per LINEAR FOOT for Three dollars and Forty Six cents. $ 3.46 $ 567.44 26 514 LF 416 6004 DRILL SHAFT(36 IN) complete in place per LINEAR FOOT for One Hundred Fifty Two dollars and Twenty cents. $ 152.20 $ 78,230.80 27 24 LF 416 6029 DRILL SHAFT (RDWY ILL POLE) (30 IN) complete in place per LINEAR FOOT for Three Hundred Fifty Seven dollars and Sixty One cents. $ 357.61 $ 8,582.64 00300-9-2015 Page 6 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 28 63.8 CY 420 6013 CL C CONC (ABUT) complete in place per CUBIC YARD for Five Hundred Ninety Six dollars and Eighty Eight cents. $ 596.88 $ 38,080.94 29 79 CY 420 6029 CL C CONC (CAP) complete in place per CUBIC YARD for Seven Hundred Thirty Five dollars and Twenty Nine cents. $ 735.29 $ 58,087.91 30 31.3 CY 420 6037 CL C CONC (COLUMN) complete in place per CUBIC YARD for One Thousand dollars and Seventy One cents. $ 1,000.71 $ 31,322.22 31 18 CY 420 6066 CL C CONC (RAIL FOUNDATION) complete in place per CUBIC YARD for Three Hundred Seventy Seven dollars and Forty Seven cents. $ 377.47 $ 6,794.46 32 11550 SF 422 6001 RE1NF CONC SLAB complete in place per SQUARE FOOT for Twenty dollars and No cents. $ 20.00 $ 231,000.00 00300-9-2015 Page 7 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 33 4333 SF 422 6013 BRIDGE SIDEWALK complete in place per SQUARE FOOT for Six dollars and Ten cents. $ 6.10 $ 26,431.30 34 194 CY 422 6015 APPROACH SLAB complete in place per CUBIC YARD for Four Hundred dollars and Thirty Two cents. $ 400.32 $ 77,662.08 35 3452 SF 423 6001 RETAINING WALL (MSE) complete in place per SQUARE FOOT for Forty Three dollars and Fifty cents. $ 43.50 $ 150,162.00 36 1458.35 LF 425 6035 PRESTR CONC GIRDER(TX28) complete in place per LINEAR FOOT for One Hundred Twenty Five dollars and Twenty Eight cents. $ 125.28 $ 182,702.09 37 4 CY 432 6001 RIPRAP (CONC)(4 IN) complete in place per CUBIC YARD for Four Hundred Seventy dollars and Ninety Three cents. $ 470.93 $ 1,883.72 00300-9-2015 Page 8 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 38 5 CY 432 6002 RIPRAP (CONC)(5 IN) complete in place per CUBIC YARD for Four Hundred Five dollars and Ninety Two cents. $ 405.92 $ 2,029.60 39 1 CY 432 6003 RIPRAP (CONC)(6 IN) complete in place per CUBIC YARD for Four Hundred Five dollars and Ninety Five cents. $ 405.95 $ 405.95 40 1 CY 432 6006 RIPRAP(CONC)(CL B) complete in place per CUBIC YARD for Four Hundred Five dollars and Ninety Five cents. $ 405.95 $ 405.95 41 2 CY 432 6045 RIPRAP (MOW STRIP) (4 IN) complete in place per CUBIC YARD for Four Hundred Five dollars and Ninety Two cents. $ 405.92 $ 811.84 42 751 SF 436 XXXX P.C. CONCRETE VALLEY GUTTERS complete in place per SQUARE FOOT for Six dollars and Forty Seven cents. $ 6.47 $ 4,858.97 43 882.2 LF 450 6036 RAIL(TY C411) complete in place per LINEAR FOOT for Seventy Five dollars and Fifty One cents. $ 75.51 $ 66,614.92 00300-9-2015 Page 9 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 44 178 LF 450 6053 RAIL (HANDRAIL) (TY W) complete in place per LINEAR FOOT for Thirty Four dollars and Fourteen cents. $ 34.14 $ 6,076.92 45 152 LF 454 6003 ARMOR JOINT complete in place per LINEAR FOOT for Eighty Four dollars and Seventy Nine cents. $ 84.79 $ 12,888.08 46 170 LF 464 6003 RC PIPE (CL III) (18 IN) complete in place per LINEAR FOOT for One Hundred Forty Five dollars and Two cents. $ 145.02 $ 24,653.40 00300-9-2015 Page 10 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 47 3 EA 465 6230 INLET(COMP) (CURB) (TY I) (10'x3') complete in place per EACH Four Thousand Two Hundred for Thirty Seven dollars and Eighty Four cents. $ 4,237.84 $ 12,713.52 48 1 EA 466 6048 HEADWALL (CH - FW - 45)(DIA=18 IN) (w/DISSIPATORS) complete in place per EACH Three Thousand Nine Hundred for Sixty One dollars and Thirty Seven cents. $ 3,961.37 $ 3,961.37 49 6 EA 479 6001 ADJUSTING MANHOLES complete in place per EACH for Seven Hundred Thirty Three dollars and Eighty One cents. $ 733.81 $ 4,402.86 50 63 LF 481 6013 PIPE (PVC) (SCH 40) (6 IN) complete in place per LINEAR FOOT for Fifteen dollars and Sixty cents. $ 15.60 $ 982.80 51 5 LF 496 6007 REMOV STR(PIPE) complete in place per LINEAR FOOT for Seventeen dollars and Twenty Seven cents. $ 17.27 $ 86.35 00300-9-2015 Page 11 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 52 1 LS 500 6001 MOBILIZATION complete in place per LUMP SUM for Two Hundred Thousand dollars and No cents. $ 200,000.00 $ 200,000.00 53 10 MO 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING complete in place per MONTH for Six Hundred Twenty Two dollars and Forty cents. $ 622.40 $ 6,224.00 54 120 LF 506 6002 ROCK FILTER DAMS (INSTALL) (TY 2) complete in place per LINEAR FOOT for Twenty Seven dollars and No cents. $ 27.00 $ 3,240.00 55 120 LF 506 6011 ROCK FILTER DAMS (REMOVE) complete in place per LINEAR FOOT for Six dollars and Fifty cents. $ 6.50 $ 780.00 56 300 SY 506 6020 CONSTRUCTION EXITS (INSTALL) (TY 1) complete in place per SQUARE YARD for Nine dollars and Fifty cents. $ 9.50 $ 2,850.00 00300-9-2015 Page 12 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 57 300 SY 506 6024 CONSTRUCTION EXITS (REMOVE) complete in place per SQUARE YARD for Four dollars and Seventy Five cents. $ 4.75 $ 1,425.00 58 2034 LF 506 6038 TEMP SEDMT CONT FENCE (INSTALL) complete in place per LINEAR FOOT for One dollars and Ninety cents. $ 1.90 $ 3,864.60 59 2034 LF 506 6039 TEMP SEDMT CONT FENCE (REMOVE) complete in place per LINEAR FOOT for No dollars and Twenty cents. $ 0.20 $ 406.80 60 150 LF 506 6040 BIODEG EROSN CONT LOGS (INSTL) (8") complete in place per LINEAR FOOT for Five dollars and Fifty cents. $ 5.50 $ 825.00 61 150 LF 506 6043 BIODEG EROSN CONT LOGS (REMOVE) complete in place per LINEAR FOOT for One dollars and No cents. $ 1.00 $ 150.00 00300-9-2015 Page 13 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 62 1590 LF 529 6008 CONC CURB & GUTTER(TY II) complete in place per LINEAR FOOT for Twenty Eight dollars and Ninety cents. $ 28.90 $ 45,951.00 63 400 LF 529 6038 CONC CURB (RIBBON) complete in place per LINEAR FOOT for Nineteen dollars and Ninety Nine cents. $ 19.99 $ 7,996.00 64 1362 SY 531 6001 CONC SIDEWALKS (4") complete in place per SQUARE FOOT for Thirty Eight dollars and Three cents. $ 38.03 $ 51,796.86 65 8 EA 531 6010 CURB RAMPS (TY 7) complete in place per EACH One Thousand Five Hundred for Ninety Nine dollars and Thirty One cents. $ 1,599.31 $ 12,794.48 66 1 EA 610 6007 REMOVE RD IL ASM (SHOE-BASE) complete in place per EACH for Five Hundred Fifty dollars and Sixteen cents. $ 550.16 $ 550.16 00300-9-2015 Page 14 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 67 1225 LF 618 6023 CONDT(PVC) (SCH 40) (2") complete in place per LINEAR FOOT for Fifteen dollars and Forty cents. $ 15.40 $ 18,865.00 68 53 LF 618 6024 CONDT(PVC) (SCH 40) (2") (BORE) complete in place per LINEAR FOOT for One Hundred Sixty Seven dollars and Twenty Five cents. $ 167.25 $ 8,864.25 69 1674 LF 618 6070 CONDT(RM) (2") complete in place per LINEAR FOOT for Twenty Three dollars and Eleven cents. $ 23.11 $ 38,686.14 70 7 EA 624 6002 GROUND BOX TY A (122311) W/APRON complete in place per EACH for One Thousand Forty Five dollars and Thirty One cents. $ 1,045.31 $ 7,317.17 71 1 EA 628 6044 ELC SRV TY A 240/480 060(NS)SS (E)PS(U) complete in place per EACH Seven Thousand Nine Hundred for Twenty Two dollars and Thirty Three cents. $ 7,922.33 $ 7,922.33 00300-9-2015 Page 15 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 72 1 EA 628 6056 ELC SRV TY A 240/480 060(SS)SS (E)TP(0) complete in place per EACH Seven Thousand Nine Hundred for Twenty Two dollars and Thirty Three cents. $ 7,922.33 $ 7,922.33 73 3 EA 644 6002 IN SM RD SN SUP&AM TYIOBWG(1)SA (P- BM) complete in place per EACH for Five Hundred Ninety Five dollars and No cents. $ 595.00 $ 1,785.00 74 5 EA 644 6076 REMOVE SM RD SN SUP&AM complete in place per EACH for Fifty dollars and No cents. $ 50.00 $ 250.00 75 3 EA 658 6060 REMOVE DELIN& OBJECT MARKER ASSMS complete in place per EACH for Ten dollars and No cents. $ 10.00 $ 30.00 76 151 LF 666 6036 REFL PAV MRK TY I (W) 8" (SLD) (100MIL) complete in place per LINEAR FOOT for One dollars and Seventy Six cents. $ 1.76 $ 265.76 77 164 LF 666 6042 REFL PAV MRK TY I (W) 12" (SLD) (100MIL) complete in place per LINEAR FOOT for Four dollars and Twenty Five cents. $ 4.25 $ 697.00 00300-9-2015 Page 16 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 78 68 LF 666 6048 REFL PAV MRK TY I (W) 24" (SLD) (100MIL) complete in place per LINEAR FOOT for Eight dollars and Fifty cents. $ 8.50 $ 578.00 79 1 EA 666 6054 REFL PAV MRK TY I (W) (ARROW) (100MIL) complete in place per EACH for One Hundred Twenty Five dollars and No cents. $ 125.00 $ 125.00 80 1 EA 666 6057 REFL PAV MRK TY I (W) (DBL ARROW) (100MIL) complete in place per EACH for One Hundred Sixty Five dollars and No cents. $ 165.00 $ 165.00 81 1 EA 666 6078 REFL PAV MRK TY I (W) (WORD) (100MIL) complete in place per EACH for One Hundred Sixty Five dollars and No cents. $ 165.00 $ 165.00 82 151 LF 666 6178 REFL PAV MRK TY II (W) 8" (SLD) complete in place per LINEAR FOOT for One dollars and Fifty Eight cents. $ 1.58 $ 238.58 83 90 LF 666 6180 REFL PAV MRK TY II (W) 12" (SLD) complete in place per LINEAR FOOT for Three dollars and Fifty Five cents. $ 3.55 $ 319.50 00300-9-2015 Page 17 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 84 26 LF 666 6182 REFL PAV MRK TY II (W) 24" (SLD) complete in place per LINEAR FOOT for Seven dollars and Ten cents. $ 7.10 $ 184.60 85 1 EA 666 6184 REFL PAV MRK TY II (W) (ARROW) complete in place per EACH for Seventy Five dollars and No cents. $ 75.00 $ 75.00 86 1 EA 666 6185 REFL PAV MRK TY II (W) (DBL ARROW) complete in place per EACH for One Hundred Thirty Two dollars and No cents. $ 132.00 $ 132.00 87 1 EA 666 6192 REFL PAV MRK TY II (W) (WORD) complete in place per EACH for No dollars and Ninety Five cents. $ 0.95 $ 0.95 88 886 LF 666 6207 REFL PAV MRK TY II (Y) 4" (SLD) complete in place per LINEAR FOOT for No dollars and Fifty Eight cents. $ 0.58 $ 513.88 89 2096 LF 666 6315 RE PM W/RET REQ TY I (Y) 4" (SLD) (100MIL) complete in place per LINEAR FOOT for No dollars and Eighty Eight cents. $ 0.88 $ 1,844.48 90 8 EA 672 6007 REFL PAV MRKR TY I-C complete in place per EACH for Eight dollars and Ninety Eight cents. $ 8.98 $ 71.84 00300-9-2015 Page 18 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 91 27 EA 672 6009 REFL PAV MRKR TY II-A-A complete in place per EACH for Eight dollars and Ninety Eight cents. $ 8.98 $ 242.46 92 3 EA 1004 6001 TREE PROTECTION complete in place per EACH for Three Hundred Ninety Four dollars and Seventy Four cents. $ 394.74 $ 1,184.22 93 200 SY 2004 6001 DECOMPOSED GRANITE (3" DEPTH) complete in place per SQUARE YARD for Fourteen dollars and Twelve cents. $ 14.12 $ 2,824.00 94 1 EA 7126 6007 ADJUST AND/OR RELOCATE WATER METER BOX complete in place per EACH One Thousand One Hundred for Sixty Five dollars and Eighty Three cents. $ 1,165.83 $ 1,165.83 95 2 EA 7164 6019 ADJ EXT WTR VALVE BOX complete in place per EACH One Thousand One Hundred for Sixty Five dollars and Eighty Three cents. $ 1,165.83 $ 2,331.66 96 1 EA XXX RELOCATE PARK BENCH complete in place per EACH for Two Hundred Twenty Seven dollars and Eighty Seven cents. $ 227.87 $ 227.87 00300-9-2015 Page 19 of 20 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 00300-9-2015 Page 20 of 20 Bid Form TOTAL BASE BID (Items 1 thru 96 )$ 1 90 //j Materials: ?(\ All Other Charges: 1 too 41 l ip * Total: )( I D o i -7W) t I LO * 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. Respectful) ubmitted, 222 Pennbright Drive - Suite 230 Signat re Scott Adair Houston, Texas 77090 Print Name Address Senior Vice President 281-350-3500 Title Telephone James Construction Group, LLC Name of Firm 4rar'; John Perisish Date Secretary, ' Bidder is a ‘•r.s ion 00200-9-2015 Page 1 of 1 Bid Form 00410 STATEMENT OF BIDDER'S SAFETY EXPERIENCE Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 Solicitation Requirements, Contract Forms & Conditions of Contract Statement of Bidder's Safety Experience Section 00410 Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program requirements, has not been fined by OSHA for any willful safety violations in the past three years, and has a lost time injury rate that doesn't exceed the limits established below. All questions must be answered and data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. Company Name: James Construction Group, LLC Address: 222 Pennbright Drive - Suite 230 281-350-3500 Phone: Completed b Scott Adair 1-22-2020 p y: Date: 1. Does the company have a written construction Safety program? DYes ❑No 2. Does the company conduct construction safety inspections? 0✓Yes No 3. Does the company have an active construction safety-training program? DYes ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past DYes D No three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15, or 7.6 for SIC 16, 0✓Yes ❑No or less over the past three years? Attach the company's OSHA 200/300 logs for the past three years. 6. Does the company or affected subcontractors have competent persons in the following Areas? A. Scaffolding 0✓ Yes ONo ❑N/A B. Excavation ❑✓ Yes No El N/A C. Cranes 0 Yes ONo ❑N/A D. Electrical D Yes ID No ❑N/A E. Fall Protection D Yes ONo ❑N/A F. Confined Spaces 0 Yes ONo ❑N/A 7 I hereby certify that t above information is true and correct. Scott Adair- Senior VP Signature Title Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 p o ,iI. ' oE •;: g co daI'o o ,D1!;-a CV .oa' I, ifs 41, �€ [At b c. a) ':.IL cos >" O o on `9\ a "at a .a m m 8 ' m dg n • N d \ m m 11:. 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L y+ O _ = 1 -F, m m c E C7 L §' , o .6'- e, u) $ f V/ �w.rJy , °a s�.r) '.0 C .0 { c as sue.' C 7Y d, t s`�i i 0 W + E€.. E ra in Eiiyy- �" G � G w� 4 j 141 r 12 ? Z 0 0 0 C.'' 0 •----M 0 D 75 ,.� 00500 AGREEMENT City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor • AGREEMENT made as of the N i n (� )day of !L' in the year 20Q. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor James Construction Group ("Contractor") The Project is described as: Logan Street The Engineer is: Arturo Terrazas,PE Aguirre&Fields,LP 12708 Riata Vista Circle,Suite A-109 Austin,Texas,78727 For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings, Specifications,Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 4-2016 Page 1 of 5 Standard Form of Agreement 00307791 ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten ( 10 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than one hundred and twenty ( 120 )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 one thousand and No/100 Dollars($ 1,000 )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 eighty ( 180 )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 million sixty four thousand nine hundred fourteen dollars and twenty one cents ($$2,064,914.21 ),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: Ai IA 00500 4-2016 Page 2 of 5 Standard Form of Agreement 00307791 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below,in Article 14 of the City of Round Rock General Conditions,and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth(10th) day of a month, Owner shall make payment to Contractor not later than the tenth(10th) day of the next month. If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the City of Round Rock General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by Engineer. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after all Work on the Contract has been fully performed.Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be treated as warranty items. ARTICLE 6 TERNIINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round Rock General Conditions. 00500 4-2016 Page 3 of 5 Standard Form of Agreement 00307791 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary,Special,and other Conditions of the Contract are those contained in the Project Manual dated December 2019 7.1.4 The Specifications are those contained in the Project Manual dated December 2019 7.1.5 The Drawings,if any,are those contained in the Project Manual dated December 2019 • 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated December 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 December 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: 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: CCO UlAtt MCI City of Round Rock Transportation (512)218-i?GL 8.3 Contractor's representative is: Richard Lewis 5880 West Hwy 190 Belton, TX 76513 (254) 939-8610 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 00500 4-2016 Page 4 of 5 Standard Form of Agreement 00307791 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assert that,in the event of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly,and neither more strongly for nor against either party. 8.8 This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding,including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. This Agreement is entered into as of the day and year first written above and is executed in at least three(3) original copies, of which one is to be delivered to Contractor, one to Engineer for use in the administration of the Contract,and the remainder to Owner. OWNER CONTRACTOR CITY O ROUN OC ,TEXAS James Cons tion Group, LLC 1 Printed Na e: A Printed me: Scott Adair Title V141 — Title: Senior Vice-President Date Signed: M ' -02CJ Date Signed: March 19, 2020 ATTEST: N1)* (WC" City Clerk FOR ,/ ,APPR I VED A"TO FORM: City orney r 00500 4-2016 Page 5 of 5 Standard Form of Agreement 00307791 1tt 11 1 00600 INSURANCE AND { CONSTRUCTION BOND FORMS Li Li J 2 Originals Issued Bond No: 30094717 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON 5 That James Construction Group,LLC of the City of Baton Rouge County of East Baton Rouge Parish , and State of Louisiana , as Principal, and Continental Casualty 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 Four million sixty four thousand nine hundred fourteen dollars and twenty one cents Dollars (S S2,064,914.21 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the day of L , 20t 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: Logan Street (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 I (H161U 7-2009 Performance 13ond 00090656 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 17th day of March , 20 20 James Constru ' n Group,LLC Continental Casualty Company Principal Surety Karen Rhodes Printed a e Printed Nam* By: SC0*F Ac 1R By: 0 D a../ Title: 5 e. v i esz P.�51d1--J-- Title: Attor4y-in-Fact Address: a a.. Pe ttis it.1-- e_4 a-3 a Address: 1g1 N.Franklin Street {`- o t)5+01.-\ - — '�"Inc(0 Chicago,IL 60606 Resident Agent of Surety: N/A Signature McGriff,Seibels&Williams of Texas,Inc. Printed Name 818 Town&Country Blvd.,Suite 500 Street Address Houston,TX 77024 City, State&Zip Code Page 2 00610 7-201)9 Performance I3ond 00090656 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin ) On March 17, 2020 before me, Jon Richard Sullivan, Notary Public (insert name and title of the officer) personally appeared Karen Rhodes who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. `'� etrtFr'v, COMMB 0216§,�0� �=Notary Public Colif rrna zMorin County Comm, _ire§&PA Signature (Seal) POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Michael Brophy Mc Gowan,Susan J Mc Gowan,Jon Richard Sullivan,Karen Rhodes,Trisha Chang,Individually of Novato,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 8th day of October,2018. cnsul,, %SUNq ANYo, Continental Casualty Company �A� o �fr F �y� National Fire Insurance Company of Hartford coaaoRare o n - ORP �' i + ,C.o . tEc _Z American Ca lty Company of Re ding,Pennsylvania o 1 •E. V I JULY 31, y V SEAL N- i i Isoz 42- OP 447. 1897 NACIT • ` . Paul T.Bruflat ce President State of South Dakota,County of Minnehaha,ss: On this 8th day of October,2018,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. J.MOHR W 6LT. �p N07ARY SOUTf10AKOTA CW C4b 7)941111/Lj My Commission Expires June 23,2021 J. Mohr Notary Public CERTIFICATE I,D.Johnson,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford, an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 17th day of March,2020. toctPoRATE. cyst io. 04SUR4,toitet Yoptt, Continental Casualty Company c► k� F ,��' ,� National Fire Insurance Company of Hartford ; ¢! �N�ORPQRgrEG American Casualty Company of Reading,Pennsylvania ` S 1•r As JULY 31, it SEAL w a litilli., 1902 .� S at OJedill 1897 MARIF b • (....80 . )ejlte"128dCe'""'— D.Johnson Assistant Secretary Form F6853-4/2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25"'day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved:that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National Fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25"'day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved:that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved:that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." • Primoris .James Construction Group RESOLUTION OF THE BOARD OF MANAGERS OF JAMES CONSTRUCTION GROUP, LLC DATED November 4,2019 The undersigned, being all of the members of the Board of Managers of James Construction Group, LLC, a Florida limited liability company duly formed and validly existing under the laws of the State of Florida (the"Company"),pursuant to the authority granted in the Operating Agreement of the Company, do hereby consent to the adoption of the following resolutions,and do hereby adopt such resolutions: BE IT RESOLVED that the following individuals are the approved slate of officers of James Construction Group, LLC and each is authorized and has the power to bind the Company by entering in any contract or be executing any instrument in the name of the Company,and such authority is general and not confined to specific instances,and shall continue until modified by resolution; Tom McCormick CEO Mark W. Buchanan President Blanche Arceneaux Chief Financial Officer—Eastern Group John M. Perisich Executive Vice President/Secretary Scott Adair Sr. Vice-President Jonas Beatty Vice-President Infrastructure& Maintenance Division Dave Van Dam Vice President Mitchell Bernhard Vice President BE IT FURTHER RESOLVED that the following individuals are the approved slate of managers of James Construction Group, LLC. Tom McCormick Manager Ken Dodgen Manager Mark Buchanan Manager John M. Perisich Manager cf7) Tom McCormick Ken Dodgen 4411112466" Mark Buchanan J ihn M. Perisich 2 Originals Issued Bond No: 30094717 PAYMENT BOND THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That James Construction Group,LLC of the City of Baton Rouge , County of East Baton Rouge Parish , and State of Louisiana as Principal, and Continental Casualty 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 million sixty four thousand nine hundred fourteen dollars and twenty one cents Dollars (S 2,064,914.21 ) 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 61 day of L� , 2Q ZG , to which Agreement is hereby referred to and made a part hereof as ully and to the same extent as if copied at length herein consisting of: Logan Street (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 I 00620 7-2009 Payment Bond 00090656 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and scaled this Instrument this 17th day of March , 20 20 James Construction Group,LLC Continental Casualty Company Principal Surety 5 Karen Rhodes Printed Nam Printed Na e 1) a) By: BY: t -ko Title: Q. i nisi Title:AttornJy-in-Fact Addr s: a aQ,,,`(p A 1 J `LD(. >-2 3 o Address: cc.)51�w1 -X 1 l Oq b Resident Agent of Surety: N/A Signature McGriff,Seibels&Williams of Texas,Inc. Printed Name 818 Town&Country Blvd.,Suite 500 Street Address Houston,TX 77024 Page 2 0062U 7-2009 Payment Bond 00090656 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin ) On March 17, 2020 before me, Jon Richard Sullivan, Notary Public (insert name and title of the officer) personally appeared Karen Rhodes who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I +L` ;7: JON CHARD SULLIVAN 1 WITNESS my hand and official seal. ' - #,;� COMM. #2165103 F a ; & ; :: Notary Public•California o z s,�, Marin County p�' My Comm.Expires Se .19,2020 Signature145. . (Seal) w. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Michael Brophy Mc Gowan,Susan J Mc Gowan,Jon Richard Sullivan,Karen Rhodes,Trisha Chang,Individually of Novato,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof;duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 8th day of October,2018. rzr;cissulo.).. 1NsUR,�,� ` vAhr OR Continental Casualty Company F ,. National Fire Insurance Company of Hartford conPoRAre o • ; ` ORPtXtgTEo American Ca lty Company of Re ding,Pennsylvania O $ fi JULY 31, v SEAL Y Q Isoz 4' ....... 1897 011.10 • ` Paul T.Bruflat ce President State of South Dakota,County of Minnehaha,ss: On this 8th day of October,2018,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. J.MOHR NQ7ARY DAi(OTA PUBLIC p SOUhI Q:7?9411i1/ My Commission Expires June 23,2021 J.Mohr Notary Public CERTIFICATE I,D.Johnson,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford, an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 17th day of March,2020. cAsUA A Continental Casualty Company is 04su yc ` por ar F ,�� o,� National Fire Insurance Company of Hartford coPP:RAYt, )% CM co) ¢R ocQRPORRTEo al American Casualty Company of Reading,Pennsylvania Z d A u JULY 31, if SEA 1902 a 1111 189 i MAi1IO • Dv• D.Johnson Assistant Secretary Form F6853-4/2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. • Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25"'day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved:that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National Fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved:that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved:that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." flumn-r: Primoris .lamas COnstruatIon Group RESOLUTION OF THE BOARD OF MANAGERS OF JAMES CONSTRUCTION GROUP, LLC DATED November 4, 2019 The undersigned, being all of the members of the Board of Managers of James Construction Group, LLC, a Florida limited liability company duly formed and validly existing under the laws of the State of Florida (the"Company"),pursuant to the authority granted in the Operating Agreement of the Company, do hereby consent to the adoption of the following resolutions,and do hereby adopt such resolutions: BE IT RESOLVED that the following individuals are the approved slate of officers of James Construction Group, LLC and each is authorized and has the power to bind the Company by entering in any contract or be executing any instrument in the name of the Company,and such authority is general and not confined to specific instances, and shall continue until modified by resolution; Tom McCormick CEO Mark W. Buchanan President Blanche Arceneaux Chief Financial Officer—Eastern Group John M. Perisich Executive Vice President/Secretary Scott Adair Sr. Vice-President Jonas Beatty Vice-President Infrastructure& Maintenance Division Dave Van Dam Vice President Mitchell Bernhard Vice President BE IT FURTHER RESOLVED that the following individuals are the approved slate of managers of James Construction Group, LLC. Tom McCormick Manager Ken Dodgen Manager Mark Buchanan? Manager John M. Perisich Manager D . Torn McCormick Ken Dodgen Mark Buchanan .1. hn M. Perisich A�^�® DATE(MM/DD/YYYY) A. CERTIFICATE OF LIABILITY INSURANCE 03/17/2020 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 MCGRIFF,SEIBELS&WILLIAMS OF TEXAS,INC. NAME: 10100 Katy Freeway,#400 (A/C,NNo,Ext):713 877 8975 FAx No):713-877-8974 Houston,TX 77043 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Property and Casualty Insurance Company of Hartford 34690 INSURED INSURER B:Twin City Fire Insurance Company 29459 James Construction Group,LLC 18484 E.Petroleum Drive INSURER C:Hartford Fire Insurance Company 19682 Baton Rouge,LA 70809 INSURER D:Underwriters At Lloyd's,London 15792 INSURER E:Hartford Casualty Insurance Company 29424 INSURER F: COVERAGES CERTIFICATE NUMBER:9S76K27G REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS C X COMMERCIAL GENERAL LIABILITY 61 CSEQU3414 02/28/2020 02/28/2021 EACH OCCURRENCE $ 2,000,000 CLAIMS MADE X OCCUR DAMAGE TO RENTED 2,000,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X JE_ LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ C AUTOMOBILE LIABILITY 61CSEQU3415 02/28/2020 02/28/2021 COMBINED SINGLE LIMIT 5,000,000 (Ea accident) $ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Peri $ AUTOS ONLY AUTOS accident) HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ Physical Damage Ded. $ 250,000 D X UMBRELLA LIAR X OCCUR AU2000390 02/28/2020 02/28/2021 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED X RETENTION$ $ A WORKERS COMPENSATION 61WNQU3411 02/28/2020 02/28/2021 X PER OTH- B AND EMPLOYERS'LIABILITY 61WBRQU3412 STATUTE ER E ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 61WEQU3413 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A 61 XWEQU3410 (Mandatory in NH) $500,000 Ded/SIR applies to all E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 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) Re:Logan Street,JCG No.10800 In the event of cancellation by the insurance companies the policies have been endorsed to provide(30)days Notice of Cancellation(except for non-payment)to the Certificate Holder shown below. The Certificate Holder is included as Additional Insured as respects the General Liability,Auto Liability and Umbrella Liability policies. A Waiver of Subrogation is provided in favor of the Certificate Holder as respects the General Liability,Auto Liability,Umbrella Liability and Workers'Compensation policies. General Liability,Auto Liability and Umbrella Liability policies are Primary and Non-Contributory. All as required by written contract and subject to policy terms,conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Manager City of Round Rock AUTHORIZED REPRESENTATIVE ' 221 E.Main Street .�" Round Rock,TX 78664 4 ! '1._ Page 1 of 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1 1 1 1 i I i 00700 GENERAL CONDITIONS A J J J 1 I 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 j 00700 11-2017 Page 1 General Conditions 00/62837 J ti GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS J 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 1 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 J J [ 1 approved bythe OWNER. Drawings mayincludeplans, elevations, sections, details, schedules and diagrams. 9 g 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 1 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 .11] 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 J fl 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: 1 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 Jof which the CONTRACTOR knew or reasonably should have known. 3.3 Amending and Supplementing Contract Documents: 00700 11-2017 Page 7 General Conditions 7 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 j recommend an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative p 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 i j 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. , J ARTICLE 5 -BONDS AND INSURANCE 5.1 Surety and Insurance Companies: All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety which complies with the requirements of Art. 7.19-1, Texas Insurance Code(1997) — and which is otherwise acceptable to the OWNER. --, OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. 5.2 Workers'Compensation Insurance Coverage: 5.2.1 Definitions: .1 Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project, for the duration of the Project. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the CONTRACTOR's/person's Work on the Project has been completed and accepted by the OWNER. .3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, by way of illustration and not of limitation, independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. J 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 -J 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. 1 5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the J OWNER: 00700 11-2017 Page 10 General Conditions 1 i r" .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 notifythe OWNER in writingbycertified mail orpersonal deliverywithin 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 J 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 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 ti 00700 11-2017 Page 11 General Conditions i r" 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 J 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 historyof the industryor financial condition ofthe 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: ha) 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 1 1 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. -1II 5.3.1.5 Builders' Risk Insurance. J 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: J 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. J 00700 11-2017 Page 14 General Conditions A 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 q q 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 J 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 00900, and maintain weekly payroll reports as evidence thereof. 6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re-testing of defective work, start-up and completion of the Work. 6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 6.2.4 Substitutes and "Approved Equal" Items: 6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type,function and quality required. Unless the specification or description contains words reading that no like, equivalent or"approved equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to Owner's Representative under the following circumstances: .1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by the OWNER as an "approved equal" item, in which case review of the proposed item may, in the OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for evaluation of proposed substitute items. The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to make its determination. .2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph 6.2.4.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit sufficient information to allow the OWNER to determine that the item of material or item of equipment proposed is essentially equivalent to that named and a substitute therefor. 6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique, 00700 11-2017 Page 16 General Conditions sequence, or 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 schedule established in progress 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 J 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 J 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 7endanger 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 guaranteesrequired by or given made in, 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: j 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 j 7.1 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 P 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 -J 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. J 00700 11-2017 Page 29 General Conditions J 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 orproducts beingat the site due to delays in transportation or failures ProjectY p 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 i ready for shipment and/or actual shipment date(s). J 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 l .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 r-" 13.4.2 If Owner's Representative considers it necessaryor advisable that covered Work be p 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. J 00700 11-2017 Page 32 General Conditions J 13.7.2 In special circumstances where aparticular item of equipment is in continuous service p placedc 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 J 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 p p p Y under the Contract subject to the conditions stated under paragraph 15.2. 1 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 r-+ 7 .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 p Y a roll 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 r-, 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 if 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 1 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 r-, 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, Jclaimant 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 7 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 creatingan employer/employee relationshi a partnership,or a joint venture. p� P p� 1 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 1 H C_1 ri 00800 SUPPLEMENTAL GENERAL CONDITIONS U Li J City of Round Rock Contract Forms 11 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): Arturo Terrazas,PE Firm: Aguirre&Fields,LP Address: 12708 Riata Vista Circle,Suite A-109 City, State, Zip: Austin,Texas,78727 Telephone: (512)610-8900 Facsimile: (512)610-8903 Email: Arturo.Terrazas@Aguirre-Fields.com 1.27 Owner's Representative: Add the following: Name: Randy Crum Title: Senior Construction Inspector Address: 3400 Sunrise Road City, State, Zip: Round Rock,Texas,78665 Telephone: Office:(512)218-6603 Facsimile: (512)218-5536 Email: rcrum@roundrocktexas.gov ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF ONE THOUSAND AND NO/100 DOLLARS $1,000 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 L 00900 SPECIAL CONDITIONS I� l_J r . { ' �.1 SECTION 01-INFORMATION r-. 01-01 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five(5) counterpart(original signed) sets. The City will furnish to the Contractor two (2) sets of conforming Contract Documents and Specifications unless otherwise specified. 01-02 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be Cl governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the City. 01-03 LOCATION The location of work shall be as set forth in the Notice to Bidders and as indicated on the Plans. 01-04 USAGE OF WATER CAll water used duringconstruction shall beprovided bythe Cityand shall be metered. The City shall specify the location from which the Contractor is to procure water. The ( Contractor shall be responsible for obtaining a bulk water permit from the City and providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use no more water than reasonable to perform the work associated with this Contract and shall avoid waste. The Contractor will be required to pay for all water used if it is found that waste is occurring during construction. SECTION 02-SPECIAL CONSIDERATIONS 02-01 CROSSING UTILITIES Prior to commencing the Work associated with this Contract, it shall be the Contractor's responsibility to make arrangements with the Owners of utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense,however,where such is not the case,the Contractor will cause such work to be done at his own expense. 02-02 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services while performing the Work associated with this Contract. Provision of said utility services shall be subsidiary to the various bid items and no additional payment will be made for this item. 00900-1-2016 Page 1 Special Conditions 1 02-03 WAGE RATES Wage Rates (Information From Chapter 2258, Texas Government Code Title 10) 2288.021. Duty of Government Entity to Pay Prevailing Wage Rates a. The State or any political subdivision of the State shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection(a) does not apply to maintenance work. c. A worker is employed on a public work for the purposes of this section if a Contractor or Subcontractor in the execution of a contract for the public work with the State, a political subdivision of the State or any officer or public body of the State or a political subdivision of the State, employs the worker. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body, or a Subcontractor of the Contractor, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A Contractor or Subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. c. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. Li 00900-1-2016 Page 2 Special Conditions 1 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the Contractor under the contract, except that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the Contractor has violated this chapter. Applicable wage rates to be used in Williamson and/or Travis County may be L ) obtained from the U.S. Department of Labor website at the following web addresses: Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incidental to Highway) http://www.wdol.gov/wdol/scafiles/davisbacon/TX33.dvb?v=0 Construction Types: Heavy and Highway http://www.wdol.gov/wdol/scafiles/davisbacon/TX16.dvb?v=0 Construction Type: Building http://www.wdol.gov/wdol/scafiles/davisbacon/TX76.dvb?v=1 02-04 LIMIT OF FINANCIAL RESOURCES The City has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the City may be required to change and/or delete any items which it may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the City reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. _em 02-05 CONSTRUCTION REVIEW The City shall provide a project representative to review the quality of materials and workmanship. 02-06 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the City, as described in the contract documents and t_-, technical specifications. All items of work not specifically paid for in the bid proposal I L. 00900-1-2016 Page 3 Special Conditions shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 02-07 LAND FOR WORK ,--, Owner provides, as indicated on Drawings, land upon which work is to be done, right- of-way for access to same and such other lands that are designated for the use of the Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. i . 02-08 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and r} alignment of proposed improvements immediately notify engineer,who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing utilities and appurtenances as determined by the Engineer, the Engineer and Contractor will make relocation arrangements with the utility owner. The Owner will not be liable for delay costs or damages due to relocations of utilities which hinder progress of the work. 02-09 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans and such staking shall be satisfactory to the E 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, Jblue 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 bepaid for separately and shall be p Y considered subsidiary to other bid items. f r ) 00900-1-2016 Page 4 Special Conditions L 1 SECTION 03-ACCESS AND TRAFFIC CONTROL i 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. i J J 00900-1-2016 Page 5 Special Conditions 01000 TECHNICAL SPECIFICATIONS ( 11 J L F_L .J 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 7 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 i2.01.2 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 necessaryto leave such areas in a neat and satisfactory ry 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 r j 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 corners, etc., shall be replaced by the Contractor at the Contractor's sole expense. Li Page 2 01000-7-2015 Technical Specifications 00193116 L r-- 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 Cand plants for construction right-of-way but only with approval of the Engineer. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the Engineer, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property 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. a 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 r 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. U Page 4 01000-7-2015 Technical Specifications 00193116 CITY OF ROUND ROCK ALL SPECIFICATIONS 2/9/2018 STANDARD SPECIFICATION LIST GOVERNING TECHNICAL SPECIFICATIONS STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The Round Rock Standard Specification Criteria Manual shall be hereby recognized as being the project Technical Specifications for all water,wastewater, and storm sewer related work, and all other items given a Round Rock item number in the quantity tables provided in the plans. CITY OF ROUND ROCK ITEMS Item 436 —P.C. Concrete Valley Gutters [i] The "Standard Specifications for Construction of Highways, Streets and Bridges (2014)", as -- published by the Texas Department of Transportation(TxDOT),by reference and the individual documents listed below are hereby recognized as being the project Technical Specifications for most roadway,illumination,signing andpavement marking,and erosion control as well as other items given a TxDOT item number on the quantity tables provided in the plans. TxDOT ITEMS Item 100 Preparing ROW Item 104—Removing Concrete Item 105 —Removing Treated and Untreated Base and Asphalt Pavement Item 110—Excavation Item 132—Embankment Item 160—Topsoil Item 164— Seeding for Erosion Control Item 166 —Fertilizer Item 168 —Vegetative Watering Item 169— Soil Retention Blankets Item 192—Landscape Planting Item 247—Flexible Base Item 260—Lime Treatment(Road-Mixed) Item 310—Prime Coat Item 341 —Dense-Graded Hot Mix Asphalt Item 401 —Flowable Backfill Item 402 —Trench Excavation Item 416—Drilled Shaft Foundations Item 420—Concrete Substructures Item 422 —Concrete Superstructures Item 423 —Retaining Walls Item 425 —Precast Prestressed Concrete Structural Members Item 432—Riprap Item 450—Railing CITY OF ROUND ROCK ALL SPECIFICATIONS 2/9/2018 Item 454—Bridge Expansion Joints Item 464—Reinforced Concrete Pipe Item 465 —Junction Boxes, Manholes and Inlets Item 466 —Headwalls and Wingwalls Item 479—Adjusting Manholes Item 481 — Pipe for Drains Item 496 —Removing Structures Item 500—Mobilization Item 502—Barricades, Signs, and Traffic Handling Item 506—Temporary Erosion, Sedimentation, and Environmental Controls Item 529— Concrete Curb, Gutter, and Combined Curb and Gutter Item 531 —Sidewalks Item 610—Roadway Illumination Assemblies Item 618— Conduit Item 624— Ground Boxes Item 628 —Electrical Services Item 644— Small Roadside Sign Assemblies Item 658 —Delineator and Object Marker Assemblies Item 666—Retroreflectorized Pavement Markings r� Item 672—Raised Pavement Markers Item 1004—Tree Protection Item 2004—Decomposed Granite Item 7126—Adjust and/or Relocate Water Meter Box Item 7164— Adjust Existing Water Valve Box TxDOT SPECIAL PROVISIONS Special Provision to Item 007 (007-004) J L p 02000 PLANS, DETAILS AND NOTES c j r-, If applicable, insert reference(s) to project plans; details; and notes Special Provisions - 2 Sheets SP 007-004 - Sheets 1-1 - 1-2 Special Specifications SS 1004 - Sheets 1-1 SS 2004 - Sheets 1-1 SS 7126 - Sheets 11-1 to 11-11 SS 7164 - Sheets 7-1 to 7-11 Plan Set entitled Logan Street - Sheets 1-167 (Provided in Separate Document) I Li try 007-004 Special Provision to Item 7 ° } Legal Relations and Responsibilities Department of Transportation Item 7,"Legal Relations and Responsibilities,"of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Section 7.7.2.,"Texas Pollutant Discharge Elimination System(TPDES)Permits and Storm Water Pollution Prevention Plans(SWP3),"is voided and replaced by the following: 7.2. Texas Pollution Discharge Elimination System(TPDES)Permits and Storm Water Pollution Prevention Plans (SWP3). 7.2.1. Projects with less than one acre of soil disturbance including required associated project specific locations (PSL's)per TPDES GP TXR 150000. No posting or filing will be required for soil disturbances within the right of way.Adhere to the requirements of the SWP3. 7.2.2. Projects with one acre but less than five acres of soil disturbance including required associated PSL's per TPDES GP TXR 150000. The Department will be considered a primary operator for Operational Control Over Plans and Specifications as defined in TPDES GP TXR 150000 for construction activity in the right of way.The Department will post a small site notice along with other requirements as defined in TPDES GP TXR 150000 as the entity of having operational control over plans and specifications for work shown on the plans in the right of way. The Contractor will be considered a Primary Operator for Day-to-Day Operational Control as defined in TPDES GP TXR 150000 for construction activity in the right of way. In addition to the Department's actions,the Contractor will post a small site notice along with other requirements as defined in TPDES GP TXR 150000 as the entity of having day-to-day operational control of the work shown on the plans in the right of way.This is in addition to the Contractor being responsible for TPDES GP TXR 150000 requirements for on-right of way and off-right of way PSL's.Adhere to all requirements of the SWP3 as shown on the plans.The Contractor will be responsible for Implement the SWP3 for the project site in accordance with the plans and specifications,TPDES General Permit TXR150000, and as directed. 7.2.3. Projects with 5 acres or more of soil disturbance including required associated PSL's per TPDES GP TXR � I 150000. The Department will be considered a primary operator for Operational Control Over Plans and Specifications as defined in TPDES GP TXR 150000 for construction activities in the right of way.The Department will post a large site notice,file a notice of intent(NO1),notice of change(NOC),if applicable,and a notice of termination(NOT)along with other requirements per TPDES GP TXR 150000 as the entity having operational control over plans and specifications for work shown on the plans in the right of way. The Contractor will be considered a primary operator for Day-to-Day Operational Control as defined in TPDES GP TXR 150000 for construction activities in the right of way. In addition to the Department's actions,the Contractor shall file a NOI, NOC, if applicable,and NOT and post a large site notice along with other requirements as the entity of having day-to-day operational control of the work shown on the plans in the right of way.This is in addition to the Contractor 1 =2 10-15 Statewide 007-004 --, being responsible for TPDES GP TXR 150000 requirements for on-right of way and off-right of way PSL's, Adhere to all requirements of the SWP3 as shown on the plans, r [ I { 7 1 � I. [ 1 2-2 10-15 Statewide r-, 1004 Special Specification 1004 - _ Texas Tree Protection Department of Transportation 1. DESCRIPTION Install tree protection as shown on the plans or as directed. 2. MATERIALS Furnish materials in accordance with the plans. 3. CONSTRUCTION Use construction methods in accordance with the plans. 4. MEASUREMENT This Item will be measured by the acres of trees protected or by each tree protected. 5. PAYMENT H The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Tree Protection." This price is full compensation for ( ' furnishing all materials,equipment,labor,and incidentals. l ,; 01-15 Statewide 2004 Special Specification 2004 Texas Decomposed Granite Department of Transportation 1 1. DESCRIPTION Place the products described as decomposed granite as delineated on the plans. 2. MATERIALS Use pink decomposed granite.Submit 3 samples of the decomposed granite to the Engineer for review and approval before delivery to the project site. Decomposed granite aggregate: Natural granite material consisting of granite gravel and naturally occurring fines to 1/4 in. maximum. Decomposed granite is any igneous rock which has been weathered in place or any sedimentary material principally derived from igneous rock. Furnish material consisting of 75%granite, 25%clay,and that is free of vegetable matter and other deleterious substances. Ensure that it can be compacted readily under watering and rolling to form a firm,stable surface. 3. CONSTRUCTION Mark the limits of decomposed granite as shown in the plans and obtain the Engineer's approval before proceeding with construction. 3.1. Backfill,Fill,and Compaction.Compact areas to a 95%standard proctor density. 3.2. Decomposed Granite.Place over filter fabric. Remove loose material from the exposed subgrade. Place t decomposed granite aggregate in maximum 2 in.deep lifts,wet thoroughly, and let set according to the supplier's instructions. Compact to not less than 90%nor more than 95%of maximum dry density(Tex-114- E)with a roller.Do not use a tamp plate. 4. MEASUREMENT This Item will be measured by the Square Yard placed with a final compacted depth of 3 in. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Decomposed Granite"for the depth specified.This price is full compensation for furnishing and placing decomposed granite and filter fabric;and for the materials,tools,labor,equipment,and incidentals. 1 -1 OTU 11-16 L.. 7126 Special Specification 7126 Texas Water Line Installation Department t of Transportation 1. DESCRIPTION Water mains including valves,valve boxes,service meters, hydrants,blocking,fittings,and other appurtenances for potable water distribution systems. Steel and Iron materials must comply with 23 CFR 635.410 provisions of Buy America. 1.1. References.When referring to the standards listed below,it means the latest standard or tentative standard in effect on the date of the proposal. • ANSI 16.1 -Cast Iron Pipe Flanges and Flanged Fittings. • 30 TAC 290-Texas Administrative Code,Volume 30,Chapter 290,Water Hygiene. • UL 246-Hydrants for Fire-Protection Service. .� ■ ASTM A53-Pipe,Steel, Black and Hot Dipped,Zinc-Coated Welded and Seamless. • ASTM A126-Gray Iron Castings for Valves, Flanges,and Pipe Fittings. • ASTM A307-Specification for Carbon Steel bolts and Studs 60,000psi Tensile. • ASTM A536-Ductile Iron Castings ■ ASTM D1784-Rigid Polyvinyl Chloride(PVC)Compounds and Chlorinated Polyvinyl Chloride(CPVC) Compounds. ■ ASTM D1785-Polyvinyl Chloride(PVC) Plastic Pipe, Schedules 40,80,and 120. • ASTM D2241 -Polyvinyl Chloride(PVC) Plastic Pipe(SDR-PR). • ASTM D2466-Polyvinyl Chloride(PVC)Plastic Pipe Fittings, Schedule 40. 9 ■ ASTM D2737-Polyethylene(PE) Plastic Tubing. • ASTM D2855-Making Solvent-Cemented Joints with Polyvinyl Chloride(PVC)Pipe and Fittings. • ASTM D3139-Joints for Plastic Pressure Pipes using Flexible Elastomeric Seals. • ASTM F477-Elastomeric Seals(Gaskets)for Joining Plastic Pipe. ■ AWWA C104-Cement-Mortar Lining for Ductile Iron Pipe and Fitting for Water. • AWWA C105-Polyethylene Encasement for Ductile Iron Piping for Water and other Liquids ■ AWWA C110-Ductile-Iron and Gray-Iron Fittings,3 inches through 48 inches for Water and other Liquids. ■ AWWA C150-Thickness Design of Ductile Iron Pipe. • AWWA C151 -Ductile Iron Pipe. • AWWA C153-Ductile Iron Compact Fittings,3 inches through 12 inches for Water and other Liquids. • AWWA C500-Metal-Seated Gate Valves for Water Systems. • AWWA C502-Dry Barrel Fire Hydrants • AWWA C509-Resilient-Seated Gate Valves for Water Systems. • AWWA C550-Protective Interior Coatings for Valves and Hydrants. • AWWA C600-Installation of Ductile-Iron Water Mains and Appurtenances. �- ■ AWWA C700-Cold Water Meters Displacement-Type, Bronze Main Case. • AWWA C900-Polyvinyl Chloride(PVC) Pressure Pipe,4 inches through 12 inches,for Water. • AWWA C901 -Polyethylene(PE)Pressure Pipe,Tubing and Fittings,'/2 inch through 3 inches for Water. • AWWA C905-Polyvinyl Chloride(PVC)Water Transmission Pipe, Nominal Diameters 14 inches through 36 inches. • ASTM C33—Coarse Aggregates. • ASTM D698—Moisture-Density Relations of Soil(Standard). 1 -11 3-17 OTU E 7126 • ASTM D1557 Test for Moisture-Density Relations of Soil(Modified). • ASTM D2321 —Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity—Flow Applications. • ASTM D2487—Classification of Soils for Engineering Purposes. • ASTM D4254—Minimum Index Density and Unit Weight of Soils and Calculations of Relative Density. ■ ASTM D4318—Test for Liquid Limit, Plastic Limit and Plasticity Index of Soils. • OSHA—Occupational Safety and Health Administration and Related Regulations. • AWWA B300—Standard for Hypochlorite's. • AWWA B301 —Standard for Liquid Chlorine. • AWWA C651 —Standard for Disinfecting Water Mains. • 30 TAC 290.38 through 290.49—Rules and Regulation for Public Water Systems, Texas Administrative Code. 1.2. Submittals.Submit the following documentation in accordance with the pertinent Specification Items. • Product Data: Manufacturer's product data sheets on all materials incorporated into Work. • Certificates: Manufacturers certificates attesting compliance with applicable Specifications for grades, types,classes,and other listed properties. ■ Project Record Documents: Submit documentation in accordance with pertinent Specification Items. Accurate record drawings showing installed locations of manholes,cleanouts,valves,piping,service connections,and other accessories. 1.2.1. Bedding and Backfill.Submit sample(s)of material(s)proposed to be used for bedding in the pipe zone. • One(1)set to materials testing lab for classification. • One(1)set to Engineer for approval. 1.2.2. Water Line Disinfection&Testing • Test Reports. Indicate results comparative to specified p requirements. • Project Record Documents. Submit the following required documentation in accordance with the applicable Specification sections. • Disinfection Report. Information to be recorded includes:type and form of disinfectant used, date and time of disinfectant injection start and time of completion,test locations, initial and 24- hour disinfectant residuals(quantity in treated water)in ppm for each outlet tested,date and time C .! of flushing start and completion,and disinfectant residual after flushing in ppm for each outlet tested. • Bacteriological Report. Information to be recorded includes:date issued,project name and testing laboratory name,address and telephone number,time and date of water sample collection,name of person collecting samples,test locations,initial and 24-hour disinfectant residuals in ppm for each outlet tested,coliform bacteria test results for each outlet tested, certification that water conforms,or fails to conform to bacterial standards of AWWA C651, C652,and 30 TAC 290.38 through 290.46 1.3. Delivery,Storage and Handling. Each load of pipe delivered to the project site may be inspected by the Engineer for compliance with the Project Specifications. Pipe shall be transported with ends covered to prevent debris accumulation during transport. Pipe shall be kept in bundles(as shipped from the plant)until the day that it is to be installed.Deflection test may be required if deflection is apparent. L 1,3.1. Protection and/or Removal of Existing Utilities.The Contractor shall anticipate all underground obstructions,such as but not limited to,water mains,gas lines,storm and sanitary sewers,telephone or electric light or power ducts,concrete and debris.Any such lines or obstructions indicated on the Drawings show only the approximate locations and shall be verified in the field by the Contractor.The Owner and Engineer will endeavor to familiarize the Contractor with all known utilities and obstructions,but this shall not relieve the Contractor from full responsibility in anticipating all underground obstructions whether or not �J 2-11 3-17 OTU H 7126 shown on the Drawings.The Contractor shall,at his own expense, maintain in proper working order and without interruption of service all existing utilities and services which may be encountered in the work.With the consent of the Engineer and utility owner such service connections may be temporarily interrupted to permit the Contractor to remove designated lines or to make temporary changes in the locations of services. The cost of making any temporary changes shall be at the Contractor's expense.Notify all utility companies involved to have their utilities located and marked in the field.All underground utilities in a particular segment of the project shall then be uncovered to verify location and elevation before construction begins in that segment of the project.Any utilities found,not on drawings,shall be documented and submitted with as-built drawings at project closeout. 1.4. Definitions. All excavation associated with the project is unclassified. U . Bedding. Includes the area from the trench bottom to the bottom of the pipe where material is placed to bring the trench bottom up to grade. A compacted depth of approximately 4 to 6 inches is generally sufficient bedding thickness. • Haunching. Includes the area from the bottom of the pipe to the spring line of the pipe. Material in this area must be placed and consolidated to provide adequate side support while avoiding both vertical and lateral displacement of the pipe. The type and density of the material in this area are the most `—' important factors affecting the performance and deflection of the pipe. • Initial Backfill. Includes the area from the spring line of the pipe to a point at least 6 inches over the top of the pipe. 1 ■ Final Backfill. Includes the area above the initial backfill, up to final grade or the bottom of the flexible base material in the pavement section. • Pipe Zone. Includes areas of bedding, haunching and initial backfill as defined above. 2. MATERIALS Products must comply with changes to the Safe Drinking Water Act that reduce the maximum allowable lead J� content of pipes,pipe fittings,plumbing fittings,and fixtures to 0.25 percent.Polyvinyl Chloride(PVC)pipe and fittings. 2.1. Pipe.PVC water pipe shall bear NSF 61 seal of approval. �a Pressure Class:AWWA C900.DR 25—Pressure Class 150.Joints shall be integral bell with flexible elastomeric seal. Meter service line:Polyethylene pressure pipe per AWWA C901 (ASTM D2737).SDR-9, PE2306,or PE3306. Provide stainless steel stiffeners at connections. 2.2. Fittings.Fittings shall be push-on,mechanical joint,or flanged pipe as shown. ANSI 16.1 -Cast Iron Pipe Flanges and Flanged Fittings 2.3. Couplings.Flanged Coupling Adapters shall conform to ASTM A126,Class B, Cast Iron. Dresser Style 127, ff Uni-flange Series 400,or engineer approved equal. it Flexible Couplings shall be gasketed,sleeve type,straight cast. Dresser Style 38 or Style 162,or engineering approved equal.Supply couplings with working pressures which meet or exceed the joining pipe rating. Service clamps for copper pper tubing sizing(CTS)polyethylene pipe service connections shall be bronze,two- piece with 0-Ring seal.Muller or engineer approved equal. j l 3-11 3-17 OTU 7126 Bolts and Gaskets.Bolts shall be 1/16-inch cloth insert,red rubber,full face. Bolts shall be in accordance with Non-pressure applications(ASTM A307A), Pressure applications(ASTM A307B),and Submerged/splashed(316 stainless steel). '^1 2.5. Tapping Sleeves,Shall be certified to ANSI/NSF 61. Shell and lugs shall be 304 Stainless steel. (� Bolts,washers,and nuts shall be NC Rolled Thread,304 Stainless Steel. Gaskets shall be Virgin SBR compounded for water service. Outlet flange shall be 304 Stainless Steel or Ductile Iron,ASTM 536 and meet or exceed all applicable requirements of ANSI B16.1, Class 125. 2.6. Gate Valves.Gate Valves sizes 2-inch through 8-inch shall be solid wedge,resilient seat type. Mueller or Kennedy or approved alternate. Conform to AWWA C509. Working pressure rated to 200 psi minimum. CShall have a non-rising stem with 0-ring valve packing and 2-inch square nut,except as shown otherwise. Shall have mechanical joints and counter-clockwise opening. Ferrous surfaces of valve interior epoxy coated,AWWA C550. Wrap valve body with 8-mil polyethylene encasement in a manner which will not interfere with valve operations, buried service. 2.7. Fire Hydrants.Shall be standard dry barrel,AWWA C502, UL 246. Mueller or Kennedy or approved alternate. Extensions shall be fabricated in multiples of 6-inches with rod and coupling to increase barrel length. ( Hose and Steamer Connections shall match sizes with utility company/municipality,two hose nozzles,one pumper nozzle. Shall be finished with primer and two coats of enamel,color required by utility company/municipality. 2.8. Corporation Stops.Waterworks iron pipe size(IPS)inlet and Compression connection for CTS PE plastic pipe with rigid liner for outlet. Mueller 110 Compression or engineer approved equal. 2.9. Meter Stops.Compression connection for CTS PE plastic pipe with rigid liner for inlet and meter saddle nut, right angle cut-off,lock wing for outlet.Mueller 110 Compression or engineer approved equal. 2.10. Pipe Zone. Materials to be placed shall be in accordance with the plans.Suitable materials for use shall be in accordance with following Table 2.1: H 4- 11 3-17 OTU 7 7126 TABLE 2.1 DESCRIPTION OF MATERIAL CLASSIFICATION las defined in ASTM D2321) y %Passing Sieve Sizes Atterberg Limits Coefficients — Soil Description Class Type Group ASTM D2487 1/z in #4 #200 LLb plc Uniformity Curvature Symbol (40 mm) (4.75 (0.075 Cu Cc i mm) mm) I Manufactured None Angular,granular, 100% 550%0 <5% Non Plastic Processed crushed stone or rock, Aggregate; crushed gravel,and dense-graded, stone/sand mixtures clean with gradations L i selected to minimize migration of adjacent soils;contain little or no fines '—, II Coarse- GW Well-graded gravels 100% <50%of <5% Non-Plastic >4 1 to 3 Grained Soils, and gravel-sand Coarse clean mixtures;little or no Fraction fines GP Poorly-graded gravels <4 <1 or>3 and gravel-sand mixtures;little or no fines SW Well-graded sands and >50%of >6 1 to 3 gravelly sands;little or Coarse no fines Fraction SP Poorly-graded sands <6 <1 or>3 and gravelly sands;little or no fines Coarse- e.g. Sands and gravels 100% Varies 5%to 12% Same as for GW,GP,SW Grained Soils, GW-GC, which are borderline and SP borderline SP-SM. between clean and with clean to w/fines fines III Coarse- GM Silty gravels,gravel- 100% <50%of >12%to <4 or Grained Soils sand-silt mixtures Coarse <50% <"A"Line with Fines GC Clayey gravels,gravel- Fraction <7 and sand-clay mixtures >"A"Line SM Silty sands,sand-silt >50%of >4 or mixtures Coarse <"A"Line SC Clayey sands,sand- Fraction >7 and clay mixtures >"A"Line a Includes Test Method ASTM D2487 borderline classifications and dual symbols depending on plasticity and liquid limits. b LL=Liquid Limit. PI=Plasticity Index. In addition to the materials included in Table 2.1,the following materials are approved for the pipe zone or within 24 inches of fiberglass structures where shown: • Lean Concrete: Free-flowing grout, mixed one(1)sack of cement per cubic yard of sand. • Structural Concrete:Concrete for encasement shall be 3000 psi compressive strength as specified in Section 03300. 2.11. Final Backfill Materials L i Earth Backfill. Earth backfill may be excavated and reused from trench or obtained from an approved borrow area. Material shall be processed to ensure that only select material is used for backfilling L operations. Material shall be free of lumps,clods, large rocks,debris,trash,organic,spongy or otherwise objectionable material. The presence of such material in the backfill may preclude uniform compaction and result in excessive localized point loads on or deflections in the piping system or fiberglass structure. All materials included in Table 2.1 above are approved for final backfill. 5-11 3-17 OTU 7126 .--. 2.12. Water Quality Assurance. Perform work in accordance with AWWA C651 and C652. 2.13. Testing Firm.Approved laboratory by the Texas Department of State Health Services(DSHS). Submit bacteriologist's signature and authority associated with testing. Bacteriologist test shall indicate negative. If other than negative disinfection,shall be repeated at contractor's -- expense. 3. CONSTRUCTION 3.1. Preparation.Stake locations of fittings,valves(where applicable)and other accessories prior to installation for Engineer to review. Prior to installation,remove foreign matter from within pipes,manholes,cleanouts,fittings,and valves. Verify material is in satisfactory condition and the valves and other mechanical devices function properly. Do not lay pipe in water,or when trench or weather are unsuitable for work. Keep water out of trench until jointing is complete and bedding is placed to the top of pipe. When work is not in progress,close end of pipe and fittings securely so that no trench water,earth or other substances will enter pipes or fittings. Keep inside of pipe free from foreign matter during operations by plugging or other approved method. Place pipe so that full length of each section rests solidly upon pipe bedding,with recesses excavated to accommodate bells and joints. Take up and re-lay pipe when grade or joint is disturbed after placing. Handle pipe and accessories so that pipe placed in trench is sound and undamaged. Take particular care not to injure pipe coating when applicable. �J Cut pipe neatly,using approved type mechanical cutter without damaging pipe. Use when cutters when practicable. �J Wrap ductile iron pipe fittings,and valves with 8 mil polyethylene film,AWWA C105,with edges overlapped and �J securely taped with duct tape to prevent contact between pipe and surrounding bedding.Repair punctures with duct tape to restore the protective continuous wrap before backfilling. J3.2. Bedding and Backfill.Accurately grade the bottom of the trench 4 inches below the bottom of the pipe and to the limits of the clear space on either side of the pipe. Install materials which comply with Table 2.1 above and in accordance with"Embedment"detail shown in the plans. The initial layer of embedment material placed to receive the pipe shall be brought up to a grade slightly higher than that required for the bottom of the pipe and the pipe shall be placed thereon and brought to grade `J by tamping,or by removal of the slight excess amount of embedment under the pipe. Adjustment to grade line shall be made by scraping away or filling with embedment materials. Wedging or blocking up of pipe will not be permitted. Each pipe section shall have a uniform bearing on the embedment for the full length of the pipe,except immediately at the joint. After each pipe has been graded,aligned,placed in final position on the bedding material and joint made, sufficient embedment material shall be deposited and compacted under and around each side of the pipe and back of the bell or end thereof to hold the pipe in proper position and alignment during subsequent pipe jointing and embedment operations. 6-11 3-17 OTU 7126 Sheeting and shoring will not be allowed in the pipe zone during or after installation of the pipe or embedment material,unless special provisions are made to ensure the specified compaction of bedding and pipe alignment is maintained after removal of sheeting and shoring. Minimum compaction effort within the pipe zone shall be in accordance with the following Table 3.1 based on the class of bedding material used: TABLE 3.1 MINIMUM REQUIRED COMPACTION Standard Proctor Densitya Classification of Bedding Material (Relative Densityb shown in parentheses) Class I Dumped Class II >_85%standard (>_40%relative) Class III >_90%standard (>_55%relative) Class IV Not approved for bedding material Class V Not approved for bedding material Standard Proctor Density per ASTM D698,moisture content shall be±2%of optimum. Relative Density per ASTM D4254. 3.3. Utility Installation. Water Lines and Sanitary Sewers: Limit clear on either side of the pipe to 12 inches. Above the pipe,cut as wide as necessary to sheet and brace and properly perform the work.Provide class of bedding as shown. Install piping and appurtenances as specified. Excavation for Appurtenances:Excavate sufficiently for valves,fittings,manholes,valve vaults,utility pull boxes and similar structures to leave at least 18 inches clear between the outer surfaces and the embankment or shoring that may be used to hold and protect the embankment wall. Install valves,fittings, manholes or valve vault structure, piping and appurtenances as specified. Any other-depth excavation will be refilled with lean concrete or other suitable compacted material approved by the Engineer,at no additional cost to the Owner, 3.4. Final Backfill. Criteria: Backfill trenches to ground surface with material as specified.Reopen trenches improperly backfilled to depth required for proper compaction. Refill and compact as specified,or otherwise correct the condition in an approved manner. Take care to avoid contacting pipe or structure to be backfilled with compaction equipment. Do not use compaction equipment directly over the pipe until sufficient initial backfill has been placed to assure such equipment will not be damage or disturb the pipe. All forms, lumber,trash and debris shall be removed from trenches,manholes and other utility structures prior to backfilling. .9 Dispose of unacceptable backfill material and provide suitable material for backfill at no additional cost to the Owner. 3.4 1. Open Areas. Above the pipe zone,deposit earth backfill from excavated material,compact to minimum of 85 percent of maximum density per ASTM D698,while maintaining moisture within±2 percent of optimum. Excavated material placed shall be free of rock greater than two(2)inches in any direction. Backfill for valves,fittings, manholes,utility pull boxes and other utility structures shall be placed in accordance with applicable Specification Sections. 7 11 3-17 OTU 7126 3.4.2. Pavement Section. Above the pipe zone to below the flexible base material,deposit earth backfill from excavated material,compact to minimum of 95 percent of maximum density per ASTM D698,while maintaining moisture within±2 percent of optimum;or deposit ASTM D2487 Class II material in 6-inch lifts, compact to 40 percent relative density according to ASTM D4254. For valves,fittings, manholes,valve vaults or boxes in pavement sections,backfill with Class II material to bottom of proposed pavement. Backfill material shall be deposited in 6-inch lifts.Class II material must be compacted to 40 percent relative density according to ASTM D4254. 3.5. Disposal of Excess Material. Remove waste and excess excavated material from the construction site before final inspection, Legally dispose of material: ■ At a licensed and approved site. ■ On adjacent private property with written and notarized permission from the property owner. ■ On Owner property with written and notarized permission from the Owner. ■ All cost associated with waste material removal and disposal shall be paid for by the Contractor. 3.6. Placing and Laying. Bury water lines as shown. Do not exceed 75 percent of pipe manufacturer's recommendations for deflections from straight line or grade as required by vertical curves, horizontal curves,or offsets. If alignment requires deflections in excess of these limitations, use fittings. Intersecting lines shall be joined by an appropriate fitting. Maintain separation of water line from sewer line in accordance with 30 TAC 290. Any adjustment to obtain correct line shall be made by tamping or removing soil and in no case by wedging or blocking pipe. 3.7. Joints. Install mechanical and flanged joints in accordance with manufacturer's recommendations. Make push-on joints in accordance with manufacturer's recommendations. Lay spigot ends downstream and push-on to full depth. 3.8. Anchorage of Fittings—Thrust Block.Anchor tees, bends and plugged,valved or capped ends of lines of water mains with Class B concrete thrust blocks as necessary and as shown.Place blocks so that the joints will be accessible for inspection and repair.There is no separate pay item for thrust blocking, it shall be subsidiary to the various bid items. 3.9. Install New Fire Hydrants.Set hydrants plumb and locate pumper nozzle perpendicular to and facing the roadway.Set hydrants to grade,with nozzles at least 20 inches above ground.Locate control valve 6 feet away from hydrant unless otherwise shown. Provide Class B concrete thrust blocks as shown. 3.10. Service Connections.Service connections shall be installed at each house,building,or other locations as shown. The Contractor shall verify the actual location of each service connection and shall confirm the location with the Engineer. The service line is to be extended and terminated at the property line,including the meter box.Customer shall be reconnected and returned to service.24-hour notice shall be given to the customer prior to cut-off. Provide water service lines and include corporation and meter stops,meters,customer shut-off valves,and meter box installed as shown. Make service connections in accordance with the manufacturer's recommendations. 8-11 3-17 OTU 7126 Connections shall be located no closer than one foot from fitting or pipe joint. Set top of meter box flush with ground. 3.11. Disinfection. Disinfect completed water lines with chlorine in accordance with the pertine nt p nt Items of the Specifications. Open and close valves in lines being sterilized several times during contact period. 3.12. Testing.The following described testing will be required for all new water lines.Upon completion of the required testing,Contractor shall provide a signed and notarized affidavit certifying that the system has been tested and meets the applicable requirements. 3.13. Hydrostatic Tests. Pressure test completed water lines hydrostatically.Provide pumps,gauges, meters, and other equipment necessary for performance of tests. Pressure at the lowest point in the test section shall be at least 100 percent,but not more than 120 percent of the pressure rating of the pipe. Minimum pressure at the highest point in the test section shall not be less than 85 percent of the pipe's pressure rating. Leakage shall not exceed 10 gallons per inch or pipe diameter per mile of pipe per 24 hours [_ Minimum test duration shall be 4 hours. Maintain records of date tests were performed, names of people in attendance, location of test section,brand name of pipe and pressure rating. Failed test sections shall be repaired and retested at the Contractor's expense. 3.14. Bacteriological Tests .s.After disinfection and flushing mains,obtain representative samples and conduct bacteriological tests.Test in accordance with recognized AWWA standards. 3.15. Examination and Preparation.Examine utility routes and coordinate excavation work to eliminate installation conflicts. Allow room for stockpiling excavated material and utility construction material during utility construction. 3.16. Trench Excavation. 3.16.1. Procedure.Trenches shall be excavated to indicated or specified depths by open cut method. Dispose of unacceptable backfill material and provide suitable material for backfill without additional expense. During excavation,stockpile material suitable for backfilling in an orderly manner far enough from the bank of the trench to avoid overloading,slides,or cave-ins. Grade as necessary to prevent surface water from flowing into trenches or other excavations. Cut walls of trench as close to vertical as the stability of the material and trench safety will allow. Remove stones as necessary to avoid point-bearing.Over-excavate wet or unstable soil from the trench bottom to permit construction of a more stable bed for pipe.Over excavation shall be filled and tamped with clean dry sand, pea gravel,or other approved material to the required grade. Excavate the trench the proper width as shown,or as required by the Contractor's Trench Safety Program. If f i the trench width below the top of pipe is wider than specified in this section or shown,install additional L! 9-11 3-17 OTU 7126 backfill.No additional payment will be made for additional material or work required for installation. Accurately grade the trench bottom to provide proper bedding as required for pipe installation. If any excavation is carried beyond the lines and grades required or authorized,the Contractor shall,at his own expense,fill such space with suitable material and properly compact the material as directed by the Engineer.No additional payment will be made. 3.16.2. Sheeting and Bracing. If trench safety methods do not include sloping of trench walls, install sheeting and bracing;or use appropriate trench box necessary to support the sides of trenches and other excavations with vertical sides,as required by current OSHA regulations. r 3.16.3. Water in Excavation. Keep work free from ground or surface water at all times. Provide pumps of adequate capacity or other approved method to remove water from the excavation in such a manner that it will not interfere with the progress of the work or the proper placing of other work. 3.16.4. Trenching Progress. Trenching operations for any individual utility work crew shall not be in excess of 100 feet ahead of pipe laying operations in city streets or 2,000 feet in open country. Not more than two(2) consecutive cross-streets may be closed to traffic by any individual utility work crew at any given time. [1 Ensure no trenches are left open when work is not in progress. Temporarily backfill any open trenches with un-compacted material and install proper barricades at the end of each work day. r 3.16.5. Existing Lawns and Shrubbery. The Contractor shall take particular care to preserve existing lawns and shrubbery.Make minor pipe alignment as may be necessary. 3.16.6. Existing Pavement. Existing pavement over trenches shall be removed to a width of 6 inches outside of the trench on each side. Remove to a neat line by sawing method.Take appropriate measures to prevent damage to existing pavement adjacent to the trench by wheels,tracks and/or stabilizers of excavating equipment, Remove brick pavement by hand,deliver and stack as directed by the Owner. 3.16.7. Temporary Pavement. Place a temporary pavement over an open-cut trench pavement section within the confines of an existing roadway pavement suction including, but not limited to,asphalt(cold mix)and unimproved streets and roadways. Place and compact 6"of flexible base course under temporary pavement sections within roadways as shown on the drawings.Apply 2"Type D Cold Mix on top of flexible base course. Pavement replacement will be paid for by the linear foot,which shall be total payment for tamping the backfill,placing and compacting the base material,finishing and replacing the pavement as per the section. 3.17. Disinfection/Testing Procedure. The examination,execution and quality control shall be as follows. 3.17.1. Examination.Verify that piping system and structures have been cleaned, inspected,and pressure tested. Perform scheduling and disinfecting activities with start-up,testing,adjusting and balancing,demonstration procedures, including coordination with related systems. 3.17.2. Execution.Provide and attach equipment required to perform the work of this section. Inject disinfectant into piping system,tank,or structure while filling. Disinfection agent may be introduced with permanent chlorination equipment when possible,or other means of application.Application of chlorine gas under pressure directly to the water is not permitted.Maintain disinfectant in system for 24 hours. Flush circulate and clean until required cleanliness is achieved;use municipal domestic water.Replace permanent system devices removed for disinfection. 3.17.3. Field Quality Control. New water mains shall be thoroughly disinfected,then flushed and sampled before being placed into service.Samples shall be collected for microbiological analysis to check the effectiveness of the disinfection procedure,which shall be repeated if contamination persists.A minimum of one sample for 10-11 3-17 OTU 7126 each 1,000 feet of completed water line is required,or the next available sampling joint beyond 1,000 feet as designated by the Engineer. 4. MEASUREMENT • CAST IRON FITTINGS-TON • CUT AND PLUG WATER MAIN FOR TEST-EA • TRENCH EXCAVATION SAFETY AND SUPPORT-LF • ROCK FOUNDATION-CY • SAND BACKFILL-CY ■ DISPOSE HEAVY CHLORINATED WATER MAIN-LS • ADJUST AND/OR RELOCATE WATER METER BOX-EA ■ ADJUST OF WATER VALVE COVERS AND VALVE STACKS-EA ■ ABANDON EXIST WATER LINE/PRESSURE GROUT(2"-12")-LF • CUT AND PLUG EXIST WATER LINE(2"-12")-EA • REMOVE EXIST WATER LINE(2"12")-LF • CONNECT PROP 6"WATER LINE TO EXIST 4"WATER LINE-EA �~ • CONNECT PROP 6"WATER LINE TO EXIST 6"WATER LINE-EA ■ 2"GATE VALVE-EA • 3"GATE VALVE-EA ■ 4"GATE VALVE-EA • 6"GATE VALVE-EA • 8"GATE VALVE-EA ■ 3"DR-26 C900 PVC WATERLINE-LF • 6"DR-26 C900 PVC WATER LINE-LF • 8"DR-18 C900 PVC WATER LINE-LF • ENCASEMENT FOR 6"WATER LINE(BORE OR OPEN-CUT)-LF • ENCASEMENT FOR 8"WATER LINE(BORE OR OPEN-CUT)-LF • 4"ENCASEMENT PIPE-LF ■ WATER SERVICE RECONNECTS-EA • 2"WATER SERVICE-LF • INSTALL NEW FIRE HYDRANT-EA • REMOVE EXIST FIRE HYDRANT-EA • TEMPORARY PAVEMENT REPLACEMENT-LF 5, PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit prices bid for the various items of the work.The price is full compensation for removal of existing water line components(line,fittings,services,etc.),furnishing, hauling, placing,and installing the materials;for inspecting,disinfection,and testing;and for other materials,labor, equipment,tools,and incidentals. All joint restraints,tees,fittings,reducers,metal detectable table,etc.are considered subsidiary to the individual line items for water line installation. 11 - 11 3-17 OTU 7164 Special Specification 7164 Water Mains and Service Lines Department I of Transportation DESCRIPTION Provide and install a complete water main system in accordance with the plans and specifications. Water mains must be of the size, materials,and dimensions shown on the plans and must be installed in accordance with methods as indicated on the plans. 2. MATERIALS All materials used in this j roect are to be new unless otherwise p specified on the plans.All products intended for contact with potable water must be evaluated,tested,and certified for conformance with NSF Standard 61. 2.1. Polyvinyl chloride(PVC) Pipe. Diameters 4-in.to 12-in.provide PVC pipe in accordance with AWWA C900 Pressure Class 150, DR 18; nominal 20-ft.lengths;cast iron equivalent outside diameter Diameters 16-in.to 24-in.provide PVC pipe in accordance with AWWA C905 Pressure Class 235, DR 18; 20-ft.nominal lengths;cast iron outside equivalent diameter. Gaskets to meet ASTM F477;Pipe must be manufactured from virgin material from ASTM D1784 Class 12454. Provide self-restraining joint AWWA C900 PVC where required for Horizontal Directional Drilling: approved products include Certa-Lok,Diamond Lok-21, Eagle Loc 900 or approved equal:. 2.2. Ductile Iron Pipe Fittings.Provide mechanical joint ductile iron pipe fittings in accordance with ANSI/AWWA C153/A21.53. Fittings must be constructed of high strength ductile iron(ASTM A536 Grade 70- 50-5)and cement mortar lined in accordance with ANSI/AWWA C104/A21.4. Gaskets must be styrene butadiene rubber(SBR)in accordance with ANSI/AWWA C111/A21.11.T-bolts and nuts must be high strength low alloy steel in accordance with ANSI/AWWA C111/A21.11. 2.3. Gate Valves.Provide direct bury resilient wedge,mechanical joint gate valve in accordance with AWWA C515.Valve must be fusion bond coated(minimum 8 mL thick)in accordance with AWWA C550.Valve must be counter clockwise opening. 2.4. Fire Hydrants. Provide dry barrel,tamper resistant fire hydrant in accordance with AWWA C502. Hydrant must have 5-'/4 in.valve with field replaceable nozzles NFPA No. 194,ANSI B26-1925(two at 2-'/4-in.,one at 4-'/z-in.). Provide security chains for nozzle caps. 2.4.1. Hydrants must be shop coated as follows: 2.4.1.1. Exterior Above Traffic Flange(including bolts and nuts): 2.4.1.1.1. Surface Preparation: SSPC- P p S 10(NACE 2);near white blast cleaned surface. 2.4.1.1.2. Coat with a three-coat alkyd/alkyd/silicone alkyd system with a total dry film thickness(DFT)of 6-9 mL as follows: 1 7 03-18 OTU [1 7164 2.4.1.1.3. Prime Coat: Oil Modified Alkyd Primer,Sherwin Williams,Steel Primer,or approved equal;SSPC Paint Specification No.25.Total dry film thickness(DFT):2-3 mL. 2.4.1.1.4. Intermediate Coat: Heavy Duty Industrial Alkyd Enamel,Sherwin Williams brand or equivalent; SSPC Paint Specification No. 104; Federal Standard FF-E-489.Total dry film thickness(DFT):2-3 mL. 2.4.1.1.5. Finish Coat: Sherwin Williams KEM 400 Enamel or approved equal;SSPC Paint Specification No. CC- B26.Total dry film thickness(DFT):2-3 mL. Exception:hydrant bonnet may be finish shop coated-only intermediate coated. Finish coating may be field applied and color-coded when installed. 2.4.1.1.6. Colors: Primer:Manufacturers standard color. Finish coat of hydrant body:Silver(Sherwin Williams KEM 400 Enamel Silver Metallic or equivalent). Bonnet and base connection caps: Finish coated with Sherwin Williams Safety Green or equivalent; 2.4.1.2. Exterior Below Traffic Flange: 2.4.1.2.1. Surface Preparation: SSPC-SP10(NACE 2); near white blast cleaned surface. Coat with a 3 coat system r_. as follows: 2.4.1.2.2. Primer and Intermediate Coat: Cal tar epoxy,Sherwin Williams Product,or approved equal;SSPC Paint Specification No. 16.Apply 2 coats with a dry film thickness(DFT)of 8-10 mL each for a total dry film thickness(DFT)of 16-20 mL. 2.4.1.2.3. Finish Coat:Water based vinyl acrylic mastic, Sherwin Williams Product,or approved equal.Apply one coat with a dry film thickness(DFT)of 6-8 mL Finish coat color:Same as finish coat for exterior above traffic flange,i.e.Silver Metallic(Sherwin Williams KEM 400 or equivalent). F 2.5. Polyethylene Wrap.Provide polyethylene wrap in accordance with AWWA C105 for all fittings,valves and hydrants below grade. 2.6. Steel Casing.Furnish steel casing conforming with ASTM A-53 with minimum wall thickness of 3/8 in.or as shown on the plans. 3. CONSTRUCTION 3.1. General Installation Information. Pipe must be loaded,transported and otherwise handled in a manner and by methods which will prevent damage of any kind. Damaged pipe will be replaced at no cost to the Owner. Pipe must be kept clean and dry during construction. Place pipe to prevent storm water or other foreign material from entering the pipe. Furnish all required fittings(blind flanges,sleeves, plugs,and blow off valves)as required to test each section of water main. Use not less than 100 parts of chlorine per million parts of water. Introduce chlorine in accordance with AWWA C651. After disinfection and flushing,test water. 3.2. Open Cut Construction. Install flexible pipe, including"semi-rigid"pipe,to conform to standard practice described in ASTM D2321 and as describe in this section. J 2-7 03-18 OTU 7164 Provide Trench Excavation Protection in accordance with Item 402,"Trench Excavation Protection."Provide minimum trench width as shown on the details.Water mains must have a minimum cover of 42 in., unless waived by the Engineer due to conflict with other utilities. Excavate trench so that pipe can be installed to horizontal and vertical alignment as shown on the plans and details. Install fire hydrants,valves,and fittings at required locations.For proper sealing of pipe joints, excavate for bell holes. Installation must begin at a tie-in point. Install pipe with bell ends facing the direction of laying. Promptly backfill trenches after excavation.Trench length must not exceed 50 ft.,except where tail ditches are required for boring and horizontal drilling operations. Place embedment as directed by the plans and details. Place bedding and compact prior to installing pipe. Install pipe and place haunching material.Compact to provide uniform bearing and side support. Place remaining pipe embedment compacted using pneumatic tampers,vibrator plate compactor,or engine powered jumping jacks. Caution must be taken not to damage the pipe. Place trench zone backfill and compact by mechanical means to density as shown on the plans. Place surface as directed by the plans and details. [1) Pipe may be cut as required for installation. Cut pipe with standard wheel cutters. Make smooth cuts at right angles to the axis of pipe. Bevel plain end of pipe with heavy file or grinder. 3.3. Horizontal Directional Drill Construction(HDD). Provide all material,equipment,and facilities required for directional drilling. Install pipe in accordance with manufacturer's recommendations. Proper alignment and elevation of the borehole must be consistently maintained throughout the directional drilling operation.The method used to complete the directional drill must conform to the requirements of all applicable permits. The entire drill path must be accurately surveyed by the Contractor with entry and exit stakes placed in the appropriate locations within the areas indicated on drawings. If the Contractor is using a magnetic guidance system,drill path must be surveyed for any surface geo-magnetic variations or anomalies. Place silt fence between all drilling operations and any drainage,well-fields,wetland,waterway,or other area designated for such protection if required by documents,state,federal,and local regulations.Additional environmental protection necessary to contain any hydraulic or drilling fluid spills must be put in place, including berms,liners,turbidity curtains,and other measures. A complete list of all drilling fluid additives and mixtures to be used in the directional operation will be I submitted to the Engineer,along with their respective Material Safety Data Sheets.All drilling fluids and loose cuttings must be contained in pits or holding tanks for recycling or disposal,no fluids will be allowed to enter any unapproved areas or natural waterways.Upon completion of the directional drill project,the drilling mud and cuttings must be disposed of by the Contractor at an approved dumpsite. The pilot hole must be drilled on bore path with no deviations greater than 5%of depth over the length of the bore unless previously agreed to by the Engineer.In the event that pilot does deviate from the bore path more than 5%of depth over the length of the bore,Contract will notify Engineer may require Contractor to L pull-back and re-drill from the location alongborepath before deviation. In the event of a drilling fluid fracture, inadvertent returns,or returns loss during pilot hole drilling operations,the Contractor must cease drilling, wait at least 30 min.,inject a quantity of drilling fluid with a viscosity exceeding 120 sec.as measured by March funnel,and wait another 30 min. If mud fracture or returns loss continues,Contractor will discuss additional options with the Engineer and work will then proceed as agreed. Upon completion of pilot hole phase of the operation,a complete set of"as-built"records must be submitted in duplicate to the Engineer.These records must include copies of the pilot bore path plan and profile record drawing,as well as directional survey reports as recorded during the drilling operations. 3-7 03-18 OTU L 7164 Upon approval of the pilot hole location by the Engineer,the hole opening or enlarging phase of the installation will begin.The bore hole diameter must be increased to accommodate the pullback operation of the required size of carrier pipe.The type of hole opener or back reamer to be utilized in this phase will be determined by the types of subsurface soil conditions that have been encountered during the pilot hole drilling operation.Select the proper reamer type with the final hole opening being a maximum of 1-'/2 times the largest outside diameter pipe system component to be installed in the bore hole. The open bore hole must be stabilized by means of bentonite drilling slurry pumped through the inside diameter of the drill rod and through openings in the reamer. The drilling slurry must be in a homogenous/flowable state serving as an agent to carry the loose cuttings to the surface through the annulus of the borehole.The volume of bentonite mud required for each pullback must be calculated based on soil conditions, largest diameter of the pipe system component,capacity of the bentonite mud pump and the speed of pullback as recommended by the bentonite drilling fluid manufacturer.The bentonite slurry is to be contained at the exit or entry side of the directional bore in pits or holding tanks.The slurry may be — recycled at this time for reuse in the hole opening operation or must be hauled by the Contractor to an approved dumpsite for proper disposal. The pipe section must be joined together according to manufacturer's specifications.The gaskets and the �� ends of pipe must be inspected and cleaned with a wet cloth prior to each joint assembly so they are free of any dirt or sand.The pipe must be free of any chips,scratches or scrapes.A pulling eye will be attached to the pipe pulling head on the lead stick of pipe which in turn will be attached to a swivel on the end of the drill pipe.Tracer wire(#8)solid coated copper wire must be attached to the pulling eye and crown of the PVC pipe with duct tape at 24"on center and a minimum of two full wraps around the pipe.This will allow for a straight,smooth pull of the product pipe as it enters and passes through the borehole toward the drill rig and original entrance hole of the directional bore.The product pipe must be elevated to the approximate angle of entry and supported by means of a side boom with roller arm or similar equipment to allow for the"free stress"situation as the pipe is pulled into the exit hole toward the drill rig.The product pullback phase of the directional operation must be carried out in a continuous manner until the pipe reached the original entry side of the bore. Provide"cleanup"and"restoration"crews to work closely behind pipe laying crews and where necessary, during chlorination,testing,service transfers,abandonment of old mains,backfill,and surface restoration. Upon completion of section not exceeding 2000 f.per crew,chlorinate and pressure test. Begin transfer of services no later than seven calendar days after successful completion of chlorination and pressure testing. 3.4. Water Services. Install water services in accordance with open cut or HDD Construction. Install services on proposed mains prior to testing. Unless otherwise approved by City Engineer,lay service lines with minimum of 36 in.of cover as measured from top of curb or, in absence of curbs,from centerline elevation of crowned streets or roads. Install service lines so that the top of the meter will be 4 to 6 in.below finished grade and located within meter box cut outs. Set service taps at right angles to proposed meter location and locate taps in upper pipe segment within 45 degrees of pipe spring line unless otherwise approved by City Engineer. Install corporation stop and service line.Corporation stop must be left in full open position. �wi Install curb stop on meter end of service line. After testing,open curb stop prior to connecting service line to meter to flush service line. Close curb stops -_J and connect to the meter. Install meter box with meter centered under lid. Meter box must be installed flush with proposed grade. J 3.5. Testing of Water Mains. 3.5.1. Disinfection of Water Mains: 4-7 03-18 OTU 7164 Promptly disinfect all waterlines constructed before tests are conducted on waterlines and before waterlines are connected to water distribution system. Furnish water for disinfection and flushing without charge to Contractor. Furnish all required temporary blind flanges,cast-iron sleeves,plugs,and other items needed to facilitate disinfection of new mains prior to connecting them to water distribution system. Each valved section of waterline requires two 3/4-in.taps. A 2-in.minimum blow-off is required for waterlines up to and including 6- in.diameter. Use fire hydrants as blow-offs to flush newly constructed waterlines 6-in.diameter and above. Indicat on drawings where fire hydrants are not available on waterlines, locations,and designs for blow-offs. Install temporary blow-off valves and remove promptly upon successful completion of disinfection and testing. Slowly fill each section of pipe with water in a manner approved by City Engineer.Average water velocity when filling pipeline should be less than 1 fps and must not, under any circumstance,exceed 2 fps. Expel all air from pipeline before beginning disinfection operations Install blow-off valves at end of main to facilitate flushing at all dead-end water mains. Immediately backfill all excavations made after installation of risers or blow-offs. Use no less than 100 parts of chlorine per million parts of water. Introduce chlorinating material to waterlines in accordance with AWWA C651.After contact period of not less than 24 hr.,flush system with clean water until residual chlorine is no greater than 1.0 ppmn parts of water.Open and close valves in lines being sterilized several times during contact period. After disinfecting and flushing waterlines,bacteriological tests will be performed.Test must be performed for each section of pipe installed not exceeding 500 ft.Sufficient tests must be taken to ensure all areas of the test section have sufficiently been disinfected. If test results indicate need for additional disinfection of waterlines based upon Texas Department of Health requirements,perform additional disinfection operations at no additional cost to the Owner. 3.5.2. Hydrostatic Testing of Water Mains: Hydrostatically test all new water mains after disinfection,if required,and before connecting to water distribution system.Test piplines in lengths between valves or plugs,of not more than 1,500 ft., unless greater length is approved by City Engineer.Conduct hydrostatic tests in presence of City Engineer. Furnish,install,and operate connections,pump,meter and gages necessary for hydrostatic testing. ( Allow pipeline to sit a minimum of 24 hr.from the time it is initially disinfected until testing begins,to allow pipe wall or lining material to absorb water.The Contractor should be aware that periods of up to 7 days may be required for mortar lining to become saturated. Expel all air and apply a minimum test pressure of 150 psi. Maintain test pressure for 8 hr. If a large quantity of water is required to maintain pressure during test, discontinue testing until cause of water loss is identified and corrected. i 1 The maximum allowable leakage for water mains with rubber gasketed joints is 11.65 gal.per inch nominal diameter per mile of pipe per 24 hr.,while testing at the required pressure. Repair all joints showing visible leaks on surface regardless of total leakage shown on test. Check all valves and fittings to ensure that no leakage occurs that could affect or invalidate test. Remove any cracked or defective pipes,fittings,and valves discovered during pressure test and replace with new items.The Engineer or City Engineer may direct the Contractor to disinfect failed lines after repair and prior to retesting. Conduct subsequent disinfection operations in accordance with requirements of this section. 5-7 03-18 OTU 7164 Repeat test until satisfactory results are obtained Upon satisfactory completion of testing,remove risers remaining from disinfection and hydrostatic testing, and backfill excavation promptly. 4. MEASUREMENT 4.1. This item will be measured as follows: 4.2. Water Main. —� • By the foot, • By the size, • By the pipe material utilized, • By the installation method as follows: i.e.Water Main(Diameter)(Material)(Installation Method). Measurement will be continuous and includes full length of each type. Lengths will be measured though valves and fittings 4.3. Steel Casing Pipe.By the foot of casing installed. Proposed water mains installed inside of casing will be measured separately. 4.4. Fittings. By each assembly installed for various sizes and types:i.e. Fitting(Type)(Size). 4.5. Valves.By each assembly. 4.6. Locate and Connect to Existing Water Main.As each. 4.7. Adjust Existing Water Valve to Grade.As each. 4.8. Fire Hydrant.As each. 4.9. Remove and Replace Fire Hydrant.As each. 4.10. Water Service.As each by size of meter. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid at unit prices bid for items of work hereinafter described.These prices are to be full compensation for furnishing and hauling all materials,placing and installing the materials;for inspection and testing;and for all other items of material,labor,equipment,tools and incidentals necessary to complete the work in accordance with the plans and specifications. Payment for"Water Main"will be as measured for the size, material,installation method as specified. Water main bid item incudes all excavation,backfill and testing. Payment for"Steel Casing"will be as measured for the size.This item includes providing materials, excavation, backfill,casing spacers,end caps,welding and other incidentals as required to install steel casing. Payment for the"Fittings"will be as measured for the size,type and description.Fitting item includes all installation and assembly including restraints. Payment for the"Valves"will as be measured for size.This item includes excavation,backfill pipe restraints and other incidentals as required to install valves as detailed. 6-7 03-18 OTU 7164 "Locate and Connect to Existing Water Main"will be as measured for each size. Locate and connect will be paid per size of mains for excavating existing main,determining the proper connections fitting, installation of connection fitting,installing pipe restraints,backfilling and other incidentals. "Adjust Existing Water Valve to Grade"will be as measured.Adjust existing water valve to grade incudes excavating existing valve,removing existing valve box,installing new valve box and backfilling. "Fire Hydrant"will be as measured to install a new fire hydrant.This item includes excavation, backfill,joint restraint and other incidentals. "Remove and Replace Fire Hydrant"will be measured as each. This item incudes excavating to removing the existing fire hydrant and installing new fire hydrant of appropriate buy depth. "Water Service"will be as measured for each size meter. This item includes tapping saddle, corporation stop, service line,curb stop, meter box, inserts and other incidentals J H C ' r I 7-7 03-18 OTU F i'Ek�S,+! i* ... ARTURO A.TERRAZAS /.. / �,'a'•••• �3lIO6 �% BIDS EXTENDED AND CHECKED THE CITY OF ROUND ROCK (C/ Transportation Depart-I (+�O ••�i RESPONSES:6 3400 Sunrise Road III"( ,'l/CetJSF-�''��+ f {I '�() �} CHECKED BY:AguirreAt FkMls Round Rock Tess 78665 1l,S�'+�•• 1(� j DATE:1/30/2020 ,✓ 1\\� �� SHEET 1 of 1 AjgCERTIFIED BID TABULATION Gd„••� AGUIRRE WFIELDS ""•,.."'.". ""�+"""• ENGINEER LOWEST BID CONTRACT:L n Street E.O.P.C. Jasms Construction Group Capkal Excavation Co. Patin Co stroction Peabody General Cordmctors Chasco Comtrtscton Pro Dirt Services Co=troction LOCATION:Round Rock TX Statement of Safet 1 Yes Statement of Safety?Yes Statement of Safety'?Yes Statement of Safety?Yea Statement of Safely?Yes Statement of Safety?Yes Statenent of Safely?Yes DATE:Jan=*22,2020 Addendum(.)3 Addendum(s)3 Addendsm4s)3 Addendunt(s)3 Addendum(s)3 Addendwn(s)3 Addendum(s)3 Bld Bond?Yes Bid Bond?Yes Bid Bond?Ves Bid Bond?Yes Bid Bond?Yes Bid Bond?Yes INIT UNIT UNIT UNIT UNIT IWIT UNIT ITEM k ITEM DESCRIPTION QTY UNIT PRICE COST PRICE COST PRICE COST PRICE COST PRICE COST PRICE COST PRICE COST 1 100 6002 PREPARING ROW 13.00 STA $3,000.00 $39.000.00 514.067.77 5182,881.01 54,000.00 552,000.00 52,500.00 $32.500.00 53.062.00 539,806.00 $8,800.00 $114.400.00 $1,600.00 520,800.00 2 1046,013 REMOVING CONIC FOUNDATIONS 4.00 SY S15.00 S60.DO $27.25 $109.00 5730.00 52,920.00 $10.00 $40.00 539.00 5156.00 525.00 $100.00 $250.00 S1.000.00 3 1046015 REMOVING CONIC(SIDEWALKS) 103.00 SY $16.00 $1.648.00 53.00 5309.00 $30.19 53,109.57 $10.00 $1,030.00 $39.00 54,017.00 510.00 $1.030.00 $35.00 53,605.00 4 1046017 REMOVING CONIC DRIVEWAYS 299.00 SY $11.00 $7,289.DO 52.99 $994.01 524120 $7,235.80 51000 52,99000 $2550 57,624.50 $1500 54,485.00 $30.00 $8,97000 5 1046022 REMOVING CONC(CURB AND GUTTER 440.00 LF $6.00 $2640.00 $2.62 51,152.80 57.55 53,322.00 57.00 $3,080.00 57.25 $3,190.00 S1000 $4.400.00 $10.00 54,400.00 G 105 6037 REMOVING STAB BASE AND ASPH PAV O"-16' 86200 SY $5.00 54.310.00 $3.30 52,844.60 $10.25 58,835.50 510.00 58,620.00 $11.00 59,482.00 515.00 $12,930.00 $19.60 $16,378.00 7 11061001 EXCAVATION(ROADWAI 1,908.00 CY $10.00 $19.090.00 516.39 531,272.12 520.30 538,732.40 512.00 S22,896.00 58.25 515.741.00 $27.00 551.516.00 $15.00 528,620.00 8 1106003 EXCAVATION(SPECIAL) 25,00 CY 50.00 5000 $21.29 $532.25 $7940 $1,985.00 512.00 5300.00 $20.00 $500.00 $5000 $1,250.00 $40.00 SI,WO00 9 1326001 EMBANKMENT FINALHORD COMP TYA 3,020.00 CY $12.00 S36140 00 $30.73 592,804.60 $24.30 573.386.00 $28.75 $96,825.00 56.50 $19,630.00 525.00 $75,500.00 $17.00 $51,340.00 10 1606003 FURNISHING AND PLACING TOPSOIL 4" 403200 SY $1.00 54.032.00 $0.95 $3,830.40 55.65 $22,780.90 $4.00 $16,128.00 $5.50 S22,176.0D $2.00 $8.064.00 $.3.00 512,096-00 II 1626002 BLOCK SODDING 403200 SY $3.00 $1109(,.00 53.65 514.716.80 54.75 $19,152.00 $7.00 $28,224.00 55.50 S22,176.OD $4,75 $19,15210 $6.50 526,208.00 12 164 6009 BROADCAST SEED TEMP(WARM) 2,017.00 SY SD.20 S40340 $0.15 5302.55 S025 $50400 $1.25 $2,521.00 $0.25 $50415 $050 $1,00950 50.65 51,311.00 13 164 6011 BROADCAST SEED FAIP)(COOL) 2,017.00 SY S0.20 5403.40 50 15 5302.55 50.25 $504.00 51.25 $2,521.00 50.25 $504.25 $0.50 51.008.50 50.65 51.31 LD0 14 166 6001 FERTILIZER 0.85 AC $0.00 $0.00 $309100 4425-0 N/A N/A N/A N/A S}038A0 41,E - Sk06330 N/A N A 15 1686,001 VEGETATIVE WATERING 599.80 MG $1210 57.197.60 52000 SI1,9%00 520.20 $12,11600 $2000 $11,996.00 575.00 544,985.00 01$2500 514.995.00 54000 523,992.00 16 1696003 SOIL RETENTION BLANKET CLl(TY C) 601.00 SY SI.25 5751.25 $1.35 5811.35 $1.45 $871.00 53.00 51,803.00 51.75 SI,051.75 $200 $1,202.00 $2.00 $1,202.00 17 1926027 PLANT MATERIAL(100 GAL)(TREE) 200 EA 5800.00 $1.600.00 $1.000.00 $2,000.00 $2,490.00 $4,980.00 $6.000.00 $12,000.00 $1.850.00 $3,700.00 51,800.00 S3.6DO.00 $3,500.00 $7.000.00 18 2476,044 FL BS(CNIP IN PLC T1'AGR 4 FNAL POS 2,078.00 CY $35.00 572.730.00 $44.27 $91,993.06 $52.70 $109,510.60 $42.00 $87,276.00 551.75 $107,53650 540.00 $83,120.00 $64.00 5132,992.00 19 2606,002 LIME(HYDRATED LIME SLURRY 98.00 TON $200.00 $19.600.00 S16654 516.320.92 S183.00 $17,9.1400 $195.00 $19,11000 5150.00 514,700.00 516500 S16.170.00 5225.00 522.05000 20 2606009 LIME TR7EXSf MATL(10" 4374.00 SY $3.00 $13,12200 5579 525,325.46 $10.60 $46,364.40 5440 $19,24560 $6.00 $26,244.00 55.00 521,870.00 $10.00 543,740.00 21 310 6001 PRAIE COAT(81IJLTI OPTION) 659.00 GAL 54.00 $2636.00 $4.96 $3,268.64 54.40 52.900.00 $8.25 $5,436.75 55.00 53,295.00 $5.00 53,295.00 56.50 $4.284.00 22 3416009 D-OR HMA TY-B PG64-22 619.00 TON 5100.00 $61.900.00 $91.71 $5(,,768.49 5118.00 $73,04210 5125.00 577,375.00 S127.D0 $78,613.00 $9200 $56,948.00 595.00 558.805.00 23 341 6043 DSR HMA TY-D P070-22 389.00 TON S110.00 $42790.00 $12482 549,554.98 S12900 S49,792.0D 5175.00 S6R,075.00 $139 DO $54,071 00 5125.00 $48.625.00 5120.80 546.99110 24 4016001 FLOWABLE BACKFILL 16.00 CY $190.00 $3,040.00 $13223 $2,115.68 $27000 54,320.00 $21500 53,44000 S2D9.DO $3,344.00 $150.00 $2,400.00 5250.00 54,000.00 25 402 6001 TRENCH EXCAVATION PROTECTION 164.00 LF 55.00 $820100 $3.46 $567.44 514.40 52,361.60 $20.00 53,280.00 $14.00 52,296.00 $10.00 $1.640.00 515.00 52,460.00 26 4166004 DRILL SHAFT(36 IN) 514.00 LF 5260.00 5133.640.00 $152.20 $78,210.80 5179.00 $92,006.00 $225.00 5115,650.00 5211.00 $108,454.00 $225.00 51(5.650.00 $275.00 $141,350.00 27 4166029 DRILL SHAFT RDWY ILL POLE)30 24.00 LF $300.00 57.20000 5357.61 $8,58264 516000 $8,640,00 $410,00 $9,840.00 5370.00 58,880.00 5375.00 59.000.00 5125.00 57,800.00 29 420 6013 CL C CONIC ABI 63.80 CY $881.00 $56,20780 5596.88 S39,09094 $75000 $47.95000 $1.00000 563,800.00 51,270.00 581,0261(1 5800.00 $51,040.00 $1,63200 5104,122.00 29 4206029 CL C CONIC(CAP) 79.00 CY S900.00 $71.100.00 5735.29 $58,087.91 SI.060.00 583,740.00 $1,000.00 579,000.00 $1.045.00 $82,555.00 $1.250.00 598.750.00 SI,184.00 $93,536.00 30 4206037 CL C CONIC(COLUMN) 31.30 CY $850,00 526.605.00 $1.000.71 $31.322.22 $1,60010 550.080.00 S1,00D.00 $31.300.00 51.365.00 542,724.50 51.750.00 $54.775.00 $2,475.00 577,467.50 31 420 6066 CL C CONIC:(FLAB.FOUNDATION) 18.00 CY S600.00 S10.80000 $377.47 56,794.46 5690.00 S12.42000 51.00000 $18,000.00 5532.00 $9,576.00 5510.00 59,1 N DO 5643.00 S11,57400 32 4226001 REINFCONC SLAB 11550.00 SF $15.00 $173,250.00 $20.00 $231,000.00 517.65 $203,85750 $20.50 5236,775.00 52450 $28297500 518.00 $207,90000 521.00 5242,550.00 33 4226013 BRIDGE SIDEWALK 4,333.00 SF $9.00 538.997.00 56.10 $26,431.30 $10.00 $43,330.00 510.00 $43.330.00 $14.50 $62,828.50 $9.00 538.997.00 $10.00 543.330.00 34 4226,015 APPROACH SLAB 194.00 CY $493.00 $95.642,DO 5400.32 $77,662.08 5(170.00 S129,980.0D 51.000.00 $194,000.00 5620.00 S120,280.00 $450.00 $87.300.00 5498.00 $96,612.00 35 4216001 RETAINING WALL MSE 3,45200 SF S5D.00 $172600.00 $43.50 $150,162.00 576.00 5262.35210 S50.00 5174600.00 $6500 $224,380.00 565.00 $224,390.00 56000 $207,120.00 36 425 603 5 PRFSTR CONC GIRDER(TX2R 1,458.35 LF $141.00 $205,627.35 $125.28 $182,702 D9 S135.00 $196,877.00 527500 $401,060.00 5226.73 5330,651.70 5125.00 $182,300.00 5135.00 5196,877.00 37 4326001 RIPR.AP(CONC)(4 IN) 4.00 CY S482.00 SI.928.DO S470.93 $1,883.72 5850.00 53,400.00 $150.00 $600.00 5955.00 $3.820.00 565000 52600.00 $770.00 53,080.00 38 4326002 RIPR.AP(CONC)(5 5.00 C}' $422.00 $2110.00 $405.92 $2.029.60 56+20.00 53,100.00 $150.00 $750.00 5674.00 $3,370.00 5750.00 $3,750.00 5755.00 $3,775.00 39 4326003 RIPRAP(CONC 6 1.00 CY $55000 $550.00 $40595 5405.95 $6+4000 $640.00 515000 5150.00 S1.012.00 51,01200 51,350.00 $1.350.00 557200 $57200 40 432 6006 RIPRAP CON(CL B 1.00 CY SO.00 50.00 6403.93 &403-43 N/A N/A N/A N/A $90400 5900-00 TAW 5209.99 N/A N A 41 432 6045 RIPRAP(MOW STRIP)(4 IN) 200 CY $450.00 5900.00 $405.92 5811.84 5720.00 51,440.00 5150.00 5300.00 $955.00 $1.910.00 $2,050.00 54,100.00 5550.00 $1.100.00 42 436 X}LXX P.C.CONCRETEVALLEY GUTTERS 751.00 SF $15.00 $11.265.00 $6.47 54,858.97 $11.90 58,936.90 $7.00 $5,257.00 $10.50 $7,985.50 $900 56.759.00 510.00 $7,510.00 43 4506036 RAIL TY C41 1) 88220 LF $140.00 $123,50800 $7551 566,614.92 514200 $125,272.40 $125.00 $110,275.00 5212.00 $197,026.40 515500 $136,741.00 5201.00 $177,32210 44 4506053 RAR HANDRAIL TY 178.00 LF S15D.00 $26,700.00 534.14 56,076-92 $45.44 $8,088.32 $50.00 $8,90000 557.00 510,146.00 $65.00 $11,57000 $150.00 $26,700.00 45 4546003 ARMOR JOINT 15200 LF $100.00 515.200.00 $84.79 $12,888.08 568.68 SI0,43936 S75.DO $11.400.00 $141.50 521,508.00 $60.00 59.1211.00 $90.00 512160.00 46 4646003 RC PIPE CL IQ(18 IN) 170.00 LF 575.00 $12.750.00 $145.02 $24,653.40 5102,00 517,340.00 $97.00 516,490.00 573.00 $12,410.00 $90.00 $15.300.00 $75.00 512,750.00 47 4656,210 INLET COMP(CURB)IT 10'x1 3.00 EA 55,600.00 516.800 DO $4,217.84 512,713.52 56,10000 518,300.00 $5,50000 $16,50000 56.020.00 $18,1160.00 $5,700.00 $17.100.00 $9,50000 S28,500.00 48 4666048 HEADWALL CH.FW-45 DIA-18INWDISSIPATO 1.00 EA $4,000.00 S4.000 DO S3,961.37 53,961.37 54.400.00 $4,400.00 54,50000 54,500.00 $3,875.00 $3,975.00 52,755.00 $2,75500 $3,625.00 53,62500 49 4796001AUILISITNG�IANHOLES 6.00 EA 5700.00 54,200.00 $733.81 54.402.86 $1360.00 58,160.00 5500.00 $3,000.00 $765.00 $4,590.00 $2,250.00 513.500.00 51,200.00 $7,200.00 50 4816,013 PIPE PVC SCH 40(6 63.00 LF 540,00 $2.520.00 $15.60 $982.80 572.60 54,573.80 $65.00 $4.095.00 5145.50 $9,166.50 545.00 $2.835.00 520.00 $1,26000 51 4966007 REMOVSTR PIPE 5.00 LF 525.00 $125.00 $17.27 586.33 $570.00 52,850.00 525.00 $125.00 524000 S1,200.00 5420.00 $7100.00 $100.00 5500.011 52 5DO 6001 MOBILIZATION 1.00 LS N/A NIA $200,000.00 5200,000 DO 5235.000.00 S235,W0.00 $97,00000 $97,000.00 $250,000.00 5250,00000 5230,000.00 $230,000.00 $120,000.00 5120,00000 53 5026001 BARRICADES.SIGNS AND TRAFFIC HANDLING 10.00 MO 51.500.00 $15.000.00 5622.40 56,224.00 5670.00 56,700.00 $1.200.00 $12,000.00 5900.00 $9,000.00 $2.000.00 $20.000.00 $.3.200.00 532.000.00 54 506 6002 ROCK FILTER DAMS INSTALL TY 2 120.00 LF $30.00 53.600.00 $27.00 53.240.00 54210 55,040.00 535.00 $4,200,00 $48.00 $5,760.00 525.00 53.000.00 522.00 52,640.00 55 5066011 ROCK FILTER DAMS REMOVE 120.00 LF SR.DO $96000 $650 5780.00 sloo $360.00 SI0.00 SI,200.00 53.50 $420.00 $5.00 560010 $10.00 $1,200.00 56 5066020 CONSTRUCTION EXITS(INSTALL)TY 1) 300.00 SY $25.00 $7,500.00 $950 52,850.00 512.50 $3,75000 $6.00 S1,800.00 514.00 54,200.00 515.00 $4,500.00 $12.00 53,60000 57 506 6024 CONSTRUCTION EXITS(RE1110VE) 300.00 SY 57.00 52100.00 $4.75 51.425.00 MkD 51,800.00 53.00 $900.00 56.75 52,025.00 $5.00 $1.50000 $9.00 52400.00 58 506 6+038 TEMP SEDMT CONT FENCE(INSTALL) 2,034.00 LF 52.50 $5.085.00 $1.90 53.864.60 $2.05 54.169.70 $2.50 55.09540 $2.50 $5.085.00 $3.00 56.102.00 $3.00 56.102.00 59 306 6039 TEMP SEDMT CONT FENCE REMOVE 2034.00 LF 51.00 $2034.00 $0.20 $406.80 S050 S1,017,00 S200 S4,06900 50.75 $1,525.50 50.25 S50950 $0.50 51.017.00 60 5D6 6040 BIODEG EROSN CONT LOGS[NSTL 8" 150.00 LF $4.00 5600.00 $5.50 5825.00 55.25 $787.50 59.00 51.350.00 $6..00 $900.00 55.00 S75000 S400 $600.00 61 506 6043 BIODEG EROSN CONT LOGS REMOVE 150.00 LF 51.00 $150.00 51.00 5150.00 $0.75 5112.50 52.00 5300.00 51.00 5150.00 $0.25 $37.50 50.50 575.00 62 529 6008 CONC CURB&GUTTER TY 11 1,590.00 LF 520.00 $31.800.00 S28-90 $45.951.00 $25.09 539,893.10 $12,00 $19,080.00 533.00 552.470.00 $20.00 $31.800.00 $1200 519,080.00 63 5296038 CONC CURB(RIBBON) 400,00 LF S2D.00 58.000.00 519.99 S7996.G0 $17.70 57,080.00 $12.00 54,800.00 522.50 59,000.00 $16.00 $6,400.00 520.00 $9,000.00 64 5316001 CONIC SIDEWALKS 4" 1 36200 SY S5010 568,100.00 538.03 S51,7969 54265 $58,089.30 $45.00 $61,290.00 $61DO $85,906.00 $50,00 568,100.00 S4800 $65,37600 65 5316010 CURB RAMPS(TY 7) 8.00 EA $1.50010 $12100.00 51.599.31 $12794.48 51.20.00 59,760.00 51.200.00 $9.600.00 S1.901.50 $15.212.0D $1.100.00 $8.800.00 51.632.00 $13,056.00 66 610 6007 REMOVE RD IL ASM SHO&BASE 1.00 EA $1.000.00 $1100.00 $550.16 $550.16 5550.00 5550.00 5250.00 $250.00 S563.DO $563.00 5590.00 $590.00 $325.35 $32535 67 6186023 CONDI PVC(SCH 40 2" 1225.00 LF 510.00 $12250.00 $15.40 $19,865.00 515.40 $18,865.00 517.50 521,437.50 $16.00 519,600.00 S16.00 $19.60000 $1400 517.150.00 68 61B6024CONDT PVC SCH40(2" BORE 53.00 LF $40.00 $2,120.00 $167.25 $8,86415 5167.00 58,85100 519010 $10,070.00 $172.00 $9,116.00 S17500 $9,275.00 $152.00 $8,05600 69 GIS 6070 CONDT(RAp(2') 1,674.00 LF 530.00 $50.220.00 $23.11 538.686.14 521.10 S38,669.40 $26.25 $43.942.50 $24.00 540.176,00 $25.00 $41.850.00 S21.00 535.154.00 70 6246,002 GROUND BOX TYA 122311)W/APRON 7.00 EA 51,000.00 $7,000.00 $1,045.31 $7,317.17 $1,050.00 $7,350.00 $1.190.00 $8.330.00 SI.070.00 $7,490.00 51,100.00 $7.700.00 5950.00 $6,650.00 71 628 6044 ELC SRV TYA240/480 060(NS)SS(E)PSM1.00 EA $6,00.00 $6.(10(1 00 S7,92233 57.922.33 $7,90000 57,900.00 SR,000.00 $8,0(10.00 58.102.011 58,102.00 $8,00000 $9.000.00 $7,200.00 $7,20000 72 628 6.056 ELC SRV TY A 240/480 060(SS)S E TP O 1.00 EA 56,000.00 56,000 W $7.92233 57.922.33 $7.90000 S7,9DO 00 58,000.00 S8,00000 58.102.00 S8.102.00 58,000,00 $8,000.00 57,200.00 57,200.00 73 6,44 6002 IN SM RD SN SUP&AM TYIOBW 1 SA(P-BM) 3,00 EA 5700.00 S2.I00.00 IS95 00 V.783.00 NIA NIA N/A N/A S9 15.00 51,343,00 4604.94 &i.900.00 N/A NA 74 644 6076 REMOVE SM RD SN SUP&.AM 5.00 EA $0.00 $0.00 $4040 &aw-0 N/A N/A N/A N/A 564_00 4433,00 5404-W 5380,08 NIA N A 75 6586D60 REMOVE DELIN&OBJECT MARKER ASSMS 3.00 EA 50.00 $000 S1000 530.00 $5010 S15000 515.00 545.00 $54 DO SI62.0D S25000 S75000 $500.00 S1,500bo 76 6666036 REFL PAV MRK TY1 008"SLD 100MIL 151.00 LF $1.20 $181.20 SI.76 5265.76 $175 526400 5660 $996.60 $2.50 $377.50 52.00 $30200 52.00 $302.00 77 666 6042 REFL PAY MRKTY 100112"(SLD)100111.) 164.00 LF $5.00 5820.00 $4.25 $4597.00 $4.25 $697.00 $9.70 51,590.80 53.50 $574.00 $4.50 $738.00 $3,00 5492.00 78 666 6048 REFL PAV KIRK TY 1 24"SLD I00MIL68,00 LF 59.00 5612.00 $9.50 $57800 58.50 5578.00 523.00 SI,564.00 $22.50 $1,530.00 S9.D0 5612.00 520.00 $1.3610.00 79 666(,054 REFL PAV MRK TYI W(ARROW)100MIL 1.00 EA 5150.00 $I SO DO $12500 5125.00 512510 512500 $250.00 $250.00 $16900 $16900 $13000 5130.00 $15000 $150.00 80 666(,057 REFL PAV KIRK TYI DBLARROW IOOAIIL 1.00 EA $250.00 $250 DO $165.00 $165.00 5185.00 $185.00 531500 $315.00 $225.00 $225.00 520000 5200.00 $200.00 $200.00 81 6666078 REFL PAV MRK TY I(W)WORD)(ID011L) 1.00 EA $200.00 $200.00 5165.00 $165.00 S16500 $165.00 5345.00 $345.00 $225.00 5225.00 5175.00 $175.00 5200.00 5200.00 82 666 6178 REFL PAA'MRK TY Q 8"SLD 151.00 LF $0.60 590.60 $1.59 5238.58 51.60 $242.00 $3.75 5566.25 51.25 5188.75 52.00 $302.00 $1.00 $131.00 83 666 G 180 REFL PAV MRK TY IT W 12"SLD 90,00 LF $8.00 $72000 53.55 $11950 S3 55 5319.50 56.25 $562.50 S225 $202.50 $400 $3611.00 S2 00 $18000 84 666 6182 REFL PAV MRK TY 11 W 24"SLD 26,00 LF $4.00 $10400 $7.10 $184.60 57.10 $184 GD $125.00 $3,25000 53.50 $91.00 $8.00 $208 DO S300 S78 00 85 666 6184 REFL PAV MRI:TY 11 W)(ARROW) 1.00 EA 5100.00 5100.00 S75.00 575.00 $75.00 575.00 $125.00 $125.00 S57.D0 557.00 580.00 580.00 550.00 550.00 86 6666185 REFL PAV MRKTY 11(W)DBLARROW 1.00 EA SI 10.00 SI IO.DO 5132.00 5132.00 5132.00 $132.00 $190.00 $190.00 567.50 56750 $140.00 5140.00 560.00 5610.00 87 666 6192 REFL PAV MRK TY 11 W WORD 1.00 EA $120.00 5120.00 S095 S095 595.00 $95 00 $22000 $220.00 567.50 567.50 $100.00 S100.00 $60.00 S6000 89 666 6207 REEL PAV MRK TY 11 Y 4"(SLD) 886.00 LF 5020 5177.20 $0.58 $513 98 50.60 $532 OD SI.25 51.107.50 50.55 $487.30 50.75 5664.50 50.50 $443.00 89 666 6315 RE PM W/RET RE T7'1 Y 4"(SLD)100KIIL) 2,096.00 LF 50.40 $83840 50.88 $1.944.48 50.90 51.886.00 52.25 54.716.00 $1.25 $2.620.00 SIM 52096.00 $1.00 $2.096.00 90 672 6007 REFL PAV MRKR TY I-C 8,00 EA 55.00 $40,00 58,98 $71.84 $9.00 572.00 510.00 580.00 528.25 $226.00 510.00 580.00 525.00 5200.00 91 672 6009 REFL PAV MRKR TY 11-A-A 27.00 EA 56.00 5162.00 $898 $24246 S9.00 5243.00 510.00 $27000 $28.25 5762.75 S1000 5270,00 $25.00 5675.00 92 10046001 TREE PROTECTION 3.00 EA 5250.00 $75000 5394.74 $1,184.22 $195.00 5585.00 $175.00 5525.00 $225.00 $675.00 5205.00 5615 DO $3.25 $9.75 93 20046001 DECOMPOSED GRANITE(3"DEPTH) 200.00 SY S40.00 S8.0D0.00 $14.12 $2.824.00 $14.35 $2.970.00 $15.00 $3.00000 $13.00 $2.600.00 540.00 S8.000.D0 $40.00 $8.000.00 94 71266007ADJUST.AND'OR RELOCATE WATER METER BOX 1.00 EA S1.00D.00 51.000.00 51.165.83 SI.165.83 51.910.00 51,910.00 S3,500.D0 $3,500.00 $1.500.00 $1.500.00 S2,50O00 $2.500.00 5500.00 5500.00 95 71G46019ADJ EXT WTR VALVEBOX 200 EA 5326.00 5652.00 S1,165.83 52,331.66 $1.91000 $3,820.00 $350.00 S7001D 565000 51,300.00 $500.00 $1.110(1.00 $500.00 51,000.00 96 X17(RELOCATE PARK BENCH 1.00 EA 5300.00 $300.00 5227.87 $227 V 51,530.00 $1,530.GD $1,200,00 $1,200.00 5500.00 $500-00 $600.00 5600.00 $1,500.00 51,500.00 TOTALS: $1,822,610.20 $2,067,780.16 $2,387,036.55 $2,412,231.00 $2,679,454.90 $2,359,599.00 $2,409,036.00 MOBILIZATION(10%) $182,261.02 CONTINGENCY(SO/6) $91,130.51 PROJECT TOTAL $2,096,001.73 MODIFIDED TOTAL(WITHOUT"N/A"ITEMS): $2,096,001.73 $2,064,914.21 $2,387,036.55 $2,412,231.00 $2,674,963.65 $2,354,586.50 $2,409,036,00 GUJIR E PREDS ENGINEERING INNOVATORS January 30,2020 Mr. Jose Montelongo II City of Round Rock—Transportation Department 3400 Sunrise Road Round Rock,Texas 78665 Dear Mr. Montelongo, Bids for the Logan Street project were received at your office until 2:00 pin on January 22, 2020. A total of 6 bids were received. The bids were opened and read aloud. From low bid to high bid the bids were as follows: 1. James Construction Group: $2,064,914.21 2. Chasco Constructors: $2,354,586.50 3. Capital Excavation Co.: $2,387,036.55 4. Pro Dirt Services: $2,409,036.00 S. Patin Construction: $2,412,231.00 6. Peabody General Contractors: $2,674,963.65 The lowest three bidder's submittals were checked for inclusion of the Statement of Bidder's Safety Experience, and inclusion of a bid guarantee. All three submittals contained these items. Aguirre&Fields,LP has checked James Construction Group bid tabs, and their bid of$2,064,914.21 has been confirmed. Based on our review,I recommend that the City move forward with the award of the project to James Construction Group. Sincerely- Arturo incerel Arturo Terrazas,P.E. Aguirre&Fields, LP 12708 Riata Vista Cir.Suite A-109.Austin,Texas 78727.Telephone:512.610.8900 9 Fax:512.610.8903 9 www.aguirre-fields.com CERTIFICATE OF INTERESTED PARTIES FORM 3.295 101 Complete Nos.1-4 and 61 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. 2020-589245 James Construction Group Belton,TX United States Date Filed: 2 Name of governmental entity or state agency that Is a party tot the contract for which th-e-foum Is 02/18/2020 being filed. City of Round Rock,Texas Date Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 000000 Lagan Street Bridge Project-Award 4 Nature of Interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Carroll, Brian Temple,TX United States X Primoris Services Corporation Dallas,TX United States X Milliet, Matthew Belton,TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION M Warne is and my date of birth is . My address is (street) (city) (state) (zip coda) (country) I declare under penalty of pedury that the foregoing is true and correct. r Executed in16- .,.-_... ..County, State of on the day of _. ._.,20..e '_.. (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 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. 2020-589245 James Construction Group Belton,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 02/18/2020 being filed. City of Round Rock,Texas Date Acknowledged: 03/04/2020 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. 000000 Logan Street Bridge Project-Award 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Carroll, Brian Temple,TX United States X Primoris Services Corporation Dallas,TX United States X Milliet, Matthew Belton, 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