Contract - SKE Construction, LLC - 11/6/2020JZor Za?D�o?65
CITY OF ROUND ROCK
UTILTIES AND ENVIRONMENTAL SERVICES
:K TEXAS
Project Manual For:
Kensington Place Asbestos -Cement Waterline Replacement
August 2020
David Freireich, P.E.
City of Round Rock
3400 Sunrise Road
A Ro\ Round Rock, Texas 78665
PP"'T I/ t, D BY
C1 T r,,.-,) R N Y
TBPE Firm Registration No
Kensington Place Asbestos -Cement Waterline Replacement
Section
00200
00300
00610
00620
00650
;III ' o o
01000
02000
TABLE OF CONTENTS
Description
Buy Board Contract
Proposal
Agreement
No. of Pages
Insurance & Construction Bond Forms
Performance & Payment Bond Instructions
Insurance Instructions
Performance Bond
Payment Bond
Certificate of Liability Insurance
General Conditions
Supplemental General Conditions
Special Conditions
Technical Specifications
Attachment A
Plans, Details and Notes
Project Map
58
I I
5
1
1
2
2
1
42
1
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4
16
pj�
8-2016 Table of Contents
00090665
00200 Buy Board Contract
nA%
0 rd
Cooperative Purchasing
P.O. Box 400
Austin, TX 78767-0400
800.695.2919 / 512.467.0222 / Fax: 800.211.5454
buyhoard. cam
October 19, 2016
Sent Via E-mail: shelly@skei.net
Shelly A Eberhart
SKE Construction, LLC
PO Box 1111
Cypress, TX 77410
Re: Notice of The Local Government Purchasing Cooperative Award
Proposal Name and Number: Job Order Contracting — Regional Statewide )OC (Gordian ezIQC) and Gordian Job Order
Contracting Core Proposal No. 520-16
Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard®
contract based on the above -referenced Proposal. The contract is effective 12/1/2016 through 11/30/2018, with three
possible one-year renewals. The contract documents are those identified in Section 3 of the General Terms and
Conditions of the specifications.
To view the items your company has been awarded, please review the proposal tabulation No. 520-16 on the following
web -site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the
BuyBoard contract. In addition, on this website you will find the membership list which will provide you with the names of
all entities with membership in our purchasing cooperative.
Enclosed with this letter you will find the following documents:
■ Vendor Quick Reference Sheet
■ Vendor Billing Procedures
You are advised that receipt of a purchase order directly from a Cooperative member is not within the
guidelines of the Cooperative. Accepting purchase orders directly from Cooperative members may result in a violation
of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all
purchase orders must be processed through the BuyBoard in order to comply. Please forward by fax (1-800-
211-5454) any order received directly from a Cooperative member. If you inadvertently process a purchase order sent
directly to you by a Cooperative member, please fax the order to the above number and note it as RECORD ONLY to
prevent duplication.
On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking
forward to your participation in the program. If you have any questions, please contact BuyBoard Procurement Staff
at 800-695-2919.
Sincerely,
Arturo Salinas
BuyBoard Procurement Director
v.12.15
The Local Government Purchasing Cooperative is endorsed by the Texas Association of School Boards,
y / Texas Municipal League, Was Association of Counties, and the Texas Association of Schaal Administrators.
1
October 19, 2016
Sent Via E-mail: shelly@skel.net
Shelly A Eberhart
SKE Construction, LLC
PO Box 1111
Cypress, TX 77410
Endorsed!__1 National School
. ♦ i3A�
Re: Notice of National Purchasing Cooperative Piggy -Back Award
Proposal Name and Number: Job Order Contracting Gordian Job Order Contracting Core, Proposal No. 520-16
Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard®
contract based on the above -referenced Proposal. As provided for in the Proposal and your National Purchasing
Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to
National Cooperative members in states other than Texas through the BuyBoard. The contract is effective 12/1/2016
through 11/30/2017, with two possible one-year renewals.
The National Cooperative membership list is available at our website www.buyboard.com/vendor. The list identifies the
current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract.
You are advised that receipt of a purchase order directly from a National Cooperative member is not within
BuyBoard guidelines. Accepting purchase orders directly from Cooperative members may result in a violation of
applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all
purchase orders from National Cooperative members must be processed through the BuyBoard. Please
forward by fax (1-800-211-5454) any order received directly from a National Cooperative member. If you inadvertently
process a purchase order sent directly to you by a National Cooperative member, please fax the order to the above
number and note it as RECORD ONLY to prevent duplication.
Per proposal specifications, awarded vendors will have 30 days or sooner to submit their electronic catalog
including pricing. If the electronic data is not provided within 30 days or sooner of notice of award, we
reserve the right to inactivate any company's award information from the BuyBoard until such time the
electronic data is received.
On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any
questions, please contact BuyBoard Procurement Staff at 800-695-2919.
Sincerely,
BuyBoard Procurement Director
v.12.15
P 0. Box 400, Austin, Texas 78767-0400
800. 695.2910 • bay{board. core
,Board
Coopert/ve Purchasing
1 I "AVV
12007 Research Boulevard • Au n, Texas 78759m2439
PH: 800=695m2919 • FAX: 800m211m5454 • www.buyboard.com
ROPOSER,Fs AGREEMENT AND SIGNATURE
I Name: Job Order Contracting -
Regional Statewide JOC (Gordian QC@) and
Gordian fob Order Contracting Core""
Proposal Number: 520da 16
EWOlOda Date and Time:
August 25, 2016 at 2:00 PM
Location of Proposal Opening:
Texas Association of School Boards,, Inc.
BuyBoard Department
12007 Research Blvd.
Au n, TX 78759
AnUcto C-ooeratyc Board Meeting Date:
Contract Time Period: December 1,, 2016 October 2016
through November 30, 2018 with three (3) possible
one-year renewals.
SKE Construction, LLC
Name of Proposing Company
PO Box 1111
Street Address
Cypress, TX 77410
City, State,. Zip
281 -585 100
Telephone Number of Authorized Company Official
281-585-5707
Fax Number of Authorized Company Official
08/25/2016
Da
Signature or
Shelly A
Company Official
e rh rt
Printed Name of Authorized Company Official
President/CEO
Position or Title of Authorized Company Official
20=5217354
Federal ID Number
The proposing company ('you" or "yours hereby acknowledges and agrees as follows:
1. You have carefully examined and understand all Cooperative information and documentation associated with
this Proposal Invitation, including the Instructions, General Terms and Conditions,, Attachments/Forms, Item
Specifications, and Leine Items (collectively "Requirements';
2. By your response ("Proposal's to this Proposal Invitation, you propose to supply the products or services
submitted at the prices quoted in your Proposal and 411n strict compliance with the Requirements,, unless
specific deviations or exceptions are noted 1*n the Proposal;
3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others
will be cla'Imede � � � ,,.,
FORM A -PAGE 1
P-q
CONSTNAL18.15
Board
Cooperative Pgrehaslag
12007 Research Boulevard • Austin, Texas 78759,m2439
PH: 800=695-2919 • FAX: 800-211-5454 • wm.buyboardcom
4. If the Cooperative accepts any part of your Proposal and awards you a contract, you will furnish all awarded
products or services at the prices quoted and in strict compliance with the Requirements (unless specific
exceptions are noted in the Proposal), including without limitation the Requirements related to:
a. conducting business with Cooperative members, including offering pricing to members that is the
best you offer compared to similar customers;
b. payment of a service fee in the amount specified and as provided for I*n this Proposal Invitation;
c. the possible award of a piggy -back contract by another governmental entity, j*n which event you will
45 41
offer the awarded goods and services in accordance with the Requirements; and
d. submitting price sheets or catalogs in the proper format for posting on the BuyBoard as a
prerequisite to activation of your contract;
5. You have clearly identified any information in your Proposal that you believe to be confidential or proprietary
or that you do not consider to be public information subject to public disclosure under a Texas Public
Information Act request or similar public information law;
6. The individual signing this Agreement is duly authorized to enter into the contractual relationship
represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such
individual (and any individual signing a Form) is authorized and has the requisite knowledge to provide the
information and make the representations and certifications required in the Requirements;
7. You have carefully reviewed your Proposal, and certify that all information provided is true, co plete and
accurate, and you authorize the Cooperative to take such action as it deems appropriate to verify such
infomnation; and
8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may
disqualify you from consideration for a contract award under this Proposal Inv'iw U*on or result in termination
of an award or any other remedy or action provided for in the General Terms and Conditions or by law.
FORM MPAGE 2 CONSTM. 1 Is 18a 15
Beard
co tive Purchasing
12007 Research Boulevard • Austin, Texas 78759.m2439
PH: 800-695gmm2919 ' FAX: 800km,211-w!5454 ' www,,buyboard.com
URCHASE VRDE
company: SK C
onstruct*ion, LLC
VOICE KECE
Ge eral contact Name. Shelly A Eberhart
E9Ldia&LQid=,9 Purchase orders from Cooperative members will be available through the Internet or by facsimile.
S
0au
gn in, Internet Vendors need Internet access and at Ieast one e-mail address so that notlfl tion of new
orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be
retri
provided to vendors that choose this option to assist them witheving their orders.
-O-Dtlon 2: Fax. Vendors need a designated fax line available at all Ames to receive purchase orders.
Please choose oniv one CJ,", of the following options for receipt of purchase orders and provide the
requested information:
I will use the INTERNU to receive purchase orders.
E-mail Address: shelly@skel net
Internet Contact:
Shelly A Eberhart
Alternate E-mail Address:
mo an@ske1snet
Alternate Internet Contact.e Morgan R Early
I will receive purchase orders via EM.
Fax Number:
Fax Contact:
Phone.-,., 281 100585-41 00
Phone.,* 281 =585=41 00
Phone:
Rg�uest for Ouotes {"RFO"1: Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses
for the receipt of RFQs,.,
E-mail Address: shelly@skel net
Alternate Ememall Address: morga n @ske 1 . net
Invoices.0 Your company will be billed monthly for the service fee due under a contract awarded under this Proposal
InvitatJon. All invoices are available on the BuyBoard we-1 site and e-mail notifications will be sect when
they are ready to be _retrieved. Please provide the following address,, contact and e-mail. Inforn-nation for receipt of
service fee invoices and related communications:
Mailing address: PO B
cows CYP
ress
ox 1111
Contact Name.. Shelly A Eberhart
Fax: 28100585m5707 Emmall Address:
Depadment.
state: TX NNNW zip code: 77410 NOW
Phone: 281 =58541 00
shelly@skel net
Alternative E-mailAddress.Is morgan @ske1.net
FORM B CONSTNA1.18.15
12007 Research Boulevard • Austin,
PH: 80"954919 • FAX: 800211=5454
ND
Texas 787594439
• www.buyboard.com
FELONY CONVICTION DISCLOSURE
Subsection (a) of Section .034 of the Texas Education Code (Notification of Criminal History of
Contractor) states,* "A person or business entity that enters into a contract with a school district must give
advance notice to the district If the person or an owner or operator has been convicted of a felony. The
notice mustiondude a general description of the conduct resulting in the conviction of a felony,"'
Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person
or business entitV if the district determines that the person or business entity failed to give notice as
required by Subsection (a) or misrepresented the conduct r ulting in the conviction. The district must
compensate the person or business entity for services performed before the termination of the contract."
❑ My mpany is a publidy-held corporation. (Advance radtice requirement does Prot applIII y to publtdy-held cwpo►atfon.�
0 My comparry is not owned or operated by anyone who has been convicted of a felony.
❑ My company fsowned/operated by the following individuals) who has/have been convicted o a
felony:
Name of Felon(s),0
Details of Convlcdon(s),,0
By signature below, I certify that the above informatlon is true, complete and ao:urate and that I am
authorized by my company to make this certification.
%;Iwl 10LUI W %if
SK Construction, LLC
,%&V%Po ■ 5 ■ u l
any Name
Shelly A Eberhart
Printed Name
DEBARMENT CERTIFICATION
Neither my company nor an owner or principal of my company has been debarred, suspended or
otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549,
"Debarment and Suspension,,"' as described in the -Federal Register and Rules and Regulations.
By signature below, I certify that the above is true, complete and accurate and that I am authorized by
my company to make this certification.
SKE Constructg"cq, LLC
re of
Company Offldal
ny Name
Shelly A Eberhart
Printed Name
FORN C CONST.V11.18.15
12007 Research Boulevard • Austin, Texas 78759m2439
PH: 800-695-2919 • FAX: 800m2114w5454 • wmbuyboard, m
ESIDENT/ NONRESIDENT CERTIFIC-ATION
Chapter 2252 Subchapter A, of the Texas Government Code establishes certain requirements applicable
to proposers who are not Texas residents. Under the statute, a "resident" proposer is a person whose
principal place of business is in Texas,, including a person whose ultimate parent company or majority
owner has its pnndpal place of business in Texas. A "nonresident"' proposer is a person who is not a
Texas resident. Please indicate the status of your company as a"resident" proposer or a "nonresident"
proposer under these definitions. ffose check ([) one of the following.
N I certify that my company i
s a Resident Proposer.
❑ I certify that my company is a Nonresident Proposer.
If your company is a Nonresident Proposer, you must provide the folloWing'ainformation for your resident
state (the state in which your company's prina'pal place of business is located):
Company Name
atv
A. Does your resident state require a proposer
under-pri proposers who resident state
percentage to receive a comparable contract?
❑ Yes ❑ No
Be
Address
State
0 0
whose prinappal
is the same as
What is the prescribed amount or percentage?
NDO
ERTIF1
N
Zip Code
place of business is in Texas to
yours by a prescribed amount or
or
Section 44.031(b) of the Texas Educatlon Code establishes certain criteria that a school district must
consider when determining to whom to award a contract, Among the criteria for certain contracts is
whether the vendor or the vendor's ultimate parent or majority owner (1) has its principal place of
business in Texas; or (ii) employs at least 500 people in Texas.
If neither your company nor the ultimate parent tympany or majority owner has its prinaplace of
business in Texas, does your company, ultimate parent company, or majority owner employ at least 500
people in Texas? Please cbeckj-(Jl one of the following.
E Yes o No
By signature below, I certify that the information in Sections 1 (ResidentlNonresident C&Vficaffon) and 2
(Vendor Employment CefVflcadon) above is -true, complete and accurate and that I am authorized by my
company to make this cerdfication.
Signature of
SKE Construction, LLC
rued Company Official
pony Name
Shelly A berhart
Printed Name
FORM D kd CON NAL18*15
12007 Research Boulevard • Austin, Texas 78759-2439
PH: 800w695,w2919 • FAX: 800m2114w5454 • wmbuyboard, m
ISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION
A proposer that has been certified as a Historically Underutilized Business (also known as a
Minority/Women Business Enterprise or "MWBE" and all referred to in this form as a "HUB'j Is
encouraged to idiencate its HUB ttfl tion status when responding to this Proposal Invibtion. The
eieUvru ic catalogs will indicate HUB cmertiflcations for vendors that properly indicate and document their
HUB certification on this form.
� I certify that m company has been certified as a HUB in the following categories:
0 Minority Owned Business
0 Women Owned Business
❑ Service -Disabled Veteran Owned Business (veteran defined by 38 U.S.C.
§101(2),, who has a serid nne-Cfed disability as defined by U.S.C. §
101(16), and who has a d*1bility rating of 20% or more as determisaned by the
U. S. Department of Veterans Affairs or Department of Defense)
Certification Number:
1205217354 00
Name of Certifying Agency:
State of Texas
❑ My company has NOT been ce+tified as a HUB.
By signature below, I certify that the above is true, complete and accurate and that I am authorized by
my company to make this certification,
SK Construction, LLC
nympme
Signature of orized Company' `Offldal -
Shelly A berhart
Printed Name
FORM E CONST,V,11,18.15
% ("LENN HEGAR TEXAS COMPTROLIER OF PUBLIC RCCOUNTS
X
The Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underutilized Business (HUB) Program for the State
of Texas, which includes certifying minority- and woman -owned businesses as HUBS and is designed to facilitate the participation of
minority- and woman -owned businesses in state agency procurement opportunities. The CPA has established Memorandums of Agreement
with other organizations that certify minority- and women -owned businesses that meet certification standards as defined by the CPA. The
agreements allow for Texas -based minority- and women -owned businesses that are certified with one of our certification partners to
become HUB certified through one convenient application process.
In accordance with the Memorandum of Agreement the CPA has established with the CITY OF HOUSTON (COH), we are pleased to inform
you that your company is now certified as a HUB. Your company's profile is listed in the State of Texas HUB Directory and may be viewed
online at http:/Iwww.window.state.tx.us/procureiiient//cnibl/hLibonly.litml. Provided that your company continues to remain certified with the
COH, and they determine that your company continues to meet HUB eligibility requirements, the attached HUB certificate is valid for the
time period specified.
You must notify the COH in writing of any changes affecting your company's compliance with the HUB eligibility requirements, including
changes in ownership, day-to-day management, control and/or principal place of business. Note: Any changes made to your company's
information may require the COH and/or the HUB Program to re-evaluate Your company's eligibility. Failure to remain certified with the
COH, and/or failure to notify them of any changes affecting your company's compliance with HUB eligibility requirements, may result in the
revocation of your company's certification.
Please reference the enclosed pamphlet for additional resources, such as the state's Centralized Master Bidders List (CMBL), that can
increase your chance of doing business with the state.
Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at
512-463-5872 or toll -free In Texas at 1-888-863-5881.
Texas Historically Underutilized Business (HUB) Certificate
&FftlB
.SL*tjwwi& Nbtjxf f, X1 ly Undwsat*Lod N-minfts ft arm
CertificateIVID Number: 1205217354400
File/Vendor Number: 03222
Approval Date: 15-JAN-2015
Scheduled Expiration Date: 31-JAN-2017
In accordance with the Memorandum of Agreement between the
CITY OF HOUSTON (COH)
and the Texas Con,iptroller of Public Accounts (CPA), the CPA hereby certifies that
SKE CONSTRUCTION LLC
has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be
recognized as a HUB. This certificate, printed 08-APR-2016, supersedes any registration and certificate previously issued by the HUB
Program. If there are any changes regarding the information (i.e., business structure, ownership, day-to-day management, operational
control, addresses, phone and fax numbers or authorized signatures) provided in the submission of the business' application for
registration/certification into the C01-I's program, You must immediately (Within 30 days of such changes) notify the COH's program in
writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be
suspended or revoked upon findings of ineligibility. If your firm ceases to remain certified in the COH's program, you must apply and
become certified through the State of Texas HUB program to maintain your HUB certification.
Paul Gibson, Statewide HUB Program Manager
Texas Procurement and Support Services
Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award
payment under the CertificateNID Number identified above. Agencies and universities are encouraged to validate HUB certification prior to issuing a
notice of award by accessing the Internet (http://www.window.state.tx.us/procurementicmbi/cmbiliub.litml) or by contacting the HUB Program at
1-888-863-5881 or 512-463-5872. Rev, 0 1/ IS
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who has successfuUy met WBENC"s standarc6le a Womeif s Busioness Enterpn"se (WBE),,
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Authorized `',.[,^``..b`
Woment Business Enterprise Alliance
NAICS Codes: 237110,237120, 237130t 238990
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U.S. SMALL BUSINESS ADMINISTRATION
WASHINGTON, D.C. 20416
February 16,2012
Shelly A. Eberhart, Managing Member
SKE Construction, LLC
2151 Clifford Street
Alvin, Texas 77511
Dear Ms. Eberhart.0
Congratulations) Your fl 6
has been certified as a Participant in the U.S. Small Business
Administration's (SBA) 8(a) Business Development Program. Your nine (9) year program term begins
on the date of this letter.
During participation iinthe 8(a) Busness Development Program, you will receive business development
assistance from an assigned Business Development Speci*a1i*sti*n the Houston District Once located at
8701 South Gessner Drive, Suite 1200, Houston, Texas 77074. The phone number'is 713/773,m6500.
Your firm will become eligible to receive 8(a) Business Development contracts after you submit a
business plan using SBA Form 101 OC and receive SBNs approval of the plan. We are sending a copy
of this certification letter to the SBA Houston District Office. That office will send you the business plan
form.
SBA requires that the 8(a) participant s President or Chief Executive Officer sign a Participation
11
Agreement to show that he or she understands the conditions of 8(a) program participation. Please
read the Agreement carefully, sign and date one copy and return'I't to the SBA Houston District Office at
the address shownin the second paragraph above. The second copy'I's for your records.
Even though your firm s approved North American Industry CIassification Fystem (NAILS) Code is
237110, your fi" may be awarded contracts under other NAILS Codes, as long as the firm i4s qualified
to perform the required service or task. In this regard, please note that contracts awarded under 8(a)
Business Development Program authority generally result from the self -marketing efforts of
participcoiting firms. While your firm s acceptance into the 8(a) Business Development Programi's not a
guarantee of contract support, SBA will make every effort to assist you iln your marketing efforts.
welcome you as an 8(a) Business Development Program participant and wish you every possible
success.
Sincerely,
Darryl K. Hairston
Associate Administrator
_ Ong
12007 Research Boulevard • AuWn,, Texas 78759.m2439
PH: 800495-2919 • FAX: 800m211=54 • wmbuyboard.com
AFFIRMATION REGARDING CONSTRUCTION- RELATED GOODS AND SERVICES
A contrail awarded under this Proposal Invitation covers only the specific goods and services awarded by
the BuyBoard. As explained in the BuyBoard Construction Related Goods and Services Advisory fbr Texas
Members ("Advisory"), Texas law prohibits the procurement of architecture or engineering
services through a purchasing cooperative. This BuyBoard contrail does not Include such
services. Architecture or engineering services must be procured by a Cooperative member
a 4P
separately, in accordance with&tfie Proessional Services Procurement Act (Chapter 2254 of
the Texas Government Code) and other applicable law and local policy.
The Advisory, attached to this Form F, provides an overyiew of certain legal requirements that are
potentially relevant to a Coo rative member's procurement of construction or construction -related goods
and services, including tho for projects that may involve or require architecture, engineering or
independent testing services.
By signature blow, the undersigned aff! s that Proposer has read and understands the Advisory
attached to this Form F and is authorized by Proposer to make this affi ation. If Proposer sells
nstructionmrelaW goods or services to a Cooperative member under a BuyBoard contract awarded
under this Prol)mml Irnrita6ion, Proposer will comply with the Advisory and applicable legal requirements,
make a good faith effort to make its Coo;x-e-rative member customers or potential Cooperative member
customers aware of such requirements,, and provide a Coopwative member with a copy of the Advisory
before executing a Member Construction Contract with the member or accepting the members purchase
order for construction -related goods or services, whichever domes first.
SKE Construction, LLC
zed Company Officiai"�
FORM FPAGE 1
Company Name
Shelly A Eberhart
Printed Name
08/25/20-16
Date
CONST.V.11.18.15
Board
Coopentffve Purchasing
12007 Research Boulevard • Austin,, Texas 78759=2439
PH: 800m695,w2919 • FAX: 800,w211-5454,6 www,,buyboard.com
BUYBOARD PROCUREMENT AND CONSTRUCTION -RELATED GOODS AND SERVICES
ADVISORY FOR TEXAS MEMBERS
Why make purchases using BuyBoard? Purchasing through a cooperative or "interlocal contract"
satisfies the requirement of local governments to seek competitive procurement for the purchase of
goods or services.' Therefore, you may purchase goods and services from a vendor through BuyBoard
without having to conduct your own competitive procurement. If, however, you are procuring
construction -related services through a BuyBoard Job Order Contract (JOC) or contract for the In Illation
of equipment or materials (e.g., athletic fields and surfaces, kitchen equipment, HVAC,, playground
equipment, or modular buildings), you may, as explained in this Advisory, need to proctire certain aspects
of these services using a separate procurement process outside of the BuyBoard and should consult your
procurement officer and/or legal advisor for specific advice.
What is Buy!13oarctfs Procurement Process? 7he BuyBoard uses a competitive procurement process
to award contracts to vendors for goods and services that the BuyBoard determines, based on an
evaluation of multiple criteria, represents the best value for its members.
How does BuyBoard award a contract to a vendor? As a condition of being awarded a BuyBoard
contract, a vendor is bound by and must agree to comply with all the terms of the BuyBoard"s propml
invitation (or specifications), the vendors proposal response, and any additlonal contract terms
negotiated with the BuyBoard member. Among other things, the vendor must honor the pricing
submitted in the vendor's proposal. THE PRICE YOU PAY FOR THE GOODS AND SERVICES COVERED BY
THE BUYBOARD CONTRACT MAY BE LESS THAN THE AWARDED PRICING, BUT CANNOT BE MORE.
Additionally,, the vendor must mply with the BuyBoard n 's general terms and nditions, and any
additional terms and conditions that apply to the spedflc BuyBoard contract, as set out in the proposal
invitation.
How does a BuyBoard member make purchases through the BuyBoard co tract? You utilize
the awarded BuyBoard contract by issuing a signed purchase order through the BuyBoard online
application to procure the se11ME,d goods or services. Although BuyBoard must receive a copy of the
signed purchase order, BuyBoard does not review or approve the purchase order or other supplemental
agreement that you obtain this is a matter between you and the vendor. If construction -related
services are procured through the BuyBoard,, additional contrails with professionals and the contractor
may be required, depending on the nature and scope of the services. As stated above, you should
consult your procurement officer and/or legal advisor for Specific advice.
How do I know that my entity has made a purchase through the BuyBoard?
BuyBoard must have a copy of the purchase order in order for the purchase to be considered a BuyBoard
procurement,, To ensure that your entity has Usfled state law requirements for competitive
procurement, make sure that the BuyBoard has your purchase order. Do not rely on the vendor to
submit the purchase order on your behalf; it is your responsibility to make sure that the-BuyBoard has
the signed purchase order, You may log in to WM m using your member I.D. and password
to view the Purchase Order Status Report to nfirm that the purchase order is in the BuyBoard system.
What should BuyBoard members consider when Ming BuyBoard for construction -related
purchases? While purchasing goods and services through BuyBoard satisfies your legal requirement to
competitively procure a good or service,, as a general matter you must keep in mind other legal
requirements that may relate to the purchase, especially when using BuyBoard for construction -related
procurement,
FORM F=PAGE 2 CONST.V,11.18.15
Board
vop tive Purchasing
12007 Research Boulevard • Au n, Texas 78759-w2439
PH: 800495w2919 • FAX: 800m211-5454 • wwwbuyboard. M
When making constnution-related purchases through a BuyBoard contract,, BuyBoard members must
consider the following:
Best value determination. In compliance with Texas law and any local policy, your entity
must first determine that purchasing through an Intedocal contract or purchasing cooperative is
the procurement method that will provide best value." This is done by the governing body (e.g.,
board of trustees, council, commissioners' court, etc.) or may be delegated by the governing
body to an individual or committee, with written notice.
➢ Products or serv0
ices not covered by the BuyBoard contract The BuyBoard contract
covers only the specific goods and services awarded by the BuyBoaftrd. If you want to purchase
from a BuyBoard vendor goods or rvices from a BuyBoard vendor that are not covered by the
vendor's BuyBoard contract,, such as architectural, d Ign, or engineering services, you must
procure them separately in a..0ordance with state law and local policy.
Architectural or Engineering and Independent Testing services. If your procurement
Indudes a construction component that requires architectural or engineering services, you must
procure those services separately. YOU MAY NOT PROCURE ARCH CMRAL OR ENGINEERING
SERVICES THROUGH A BUYBOARD CONTRACT. Texas law requires architectural and engineering
services to be obtained in accordance with the Professional Services Procurement Act (Chapter
2254 of the Texas Government Code) and prohibits them from being procured through a
purchasing cooperative."'
o AmhaltecWre. A new building owned by a political subdivision having construction oasts
exceeding $100,000 or an alteration or addition to an existing building having construction
oohs exceeding $50,000 must have architectural plans and srt~uv6ificatlons prepared by an
architect." (An "alteration" or "addition" for purposes of this requirement requires the
removal,, relo tion, or addition of a wall or partition or the alteration or addition of an exit.)
o Engineering. If the goods or services procured through the BuyBoard will Involve
engineering in which the public health, welfare, or safety is involved, the plans for structural,
mechanical, electrical, electronic, fire suppression, geotechni I systems, foundation d Ign,
surface water drainage,, plumbing and certain roof modifications and associated estimates
41
must be prepared by an engineer, and the engineering constru on must be performed
under the direct supervision of an engin r.v The Engineering Practice Act provides two
exceptions to this rule - no engineer is required if (1) the project involves mechanical or
ele I engineering and will cost $8,000 or less, or (2) the project does not require
mechanical or electrical engineering and will cost $20,000 or less.`"
o Independent Testing. If acceptance of a facility by a public entity involves
independent testing of construction materials engineering and/or verification testing services,
the testing rvices should be procured under the Professional Services Procurement Act and
may not be procured under a BuyBoard contract.
o Written Certification. Effectivve 09/01/2013, a local governmental entity purchasing
constru on -related goods and services through a o rative in an amount that exceeds
$50,000 must designate a person to certify in writing that the project does not require the
preparation of plans or specifications by an architect or engineer OR that an architect or
engineer has prepared the plans or specificationsYll
FORM FPAGE 3 CON *V911.1815
_ �Pnrchaslag
12007 Research Boulevard • Austin, Texas 787594m2439
PH: 800=695m2919 • FAX: 800s211m54 • www.buyboard,.com
> Bonds. You must also consider whether the vendor is required to provide a payment or
performance bond., A payment bond is required for contracts that exceed $25,000 to protect
subcontractors who supply labor or materials for the project. A performance bond is required for
a contract that exceeds $100,000, to protect the local government if a contractor fails to
complete the project. *9 Without payment and performance bonds, if the contractor fails to pay
its subcontractors or to complete the project,, the public entity that entered the contract can be
held responsible for payment claims or costs to complete,
➢ Construction Contract. Even though the procurelnemt of construction or constru......onsarelated
services may be through the BuyBoard, your construction contract is between your entity and the
n ctor, The BuyBoard contract's general terms and conditions, standing alone, are not
sufficient to document your entity's specific tran ction, THEREFORE, YOU SHOULD USE AN
APPROPRIATE FORM OF CONSTRUCTION CONTRACT JUST AS YOU WOULD DO IF YOU
PROCURED CONSTRUCTION SERVICES INDEPENDEMLY, USING COMPETITIVE SEALED
PROPOSALS. ne contract must contain provisions required by state law Induding.e performance
and payment bonds, requirements for payment of prevailing wages to all construction workers,
workers' o�mpensation coverage for all workers and, on projects where contractor employees
may have direct contact with students, criminal history record checks. Other provisions which
should be considered in the constru n contract are retainage, contingency, liquidated damages
and dispute resolution, among others. By supplementing the BuyBoard contract with an
appropriate form of construction contract, you ensure that your entity's unique Interests are
addressed and that your entitycan enforce the contrail directly.
D Legal advice. Because of the variety of laws that relate to nstru onwrelated purchasing and
the potential risk of high exposure, you are well-advised to consult with your entity's legal
counsel before procuring constructionderelated goods and services under any procurement
method, Induding a purchasing cooperative.
This Advisory is provided for educational purposes only to fac"i11tate a general understanding
of the law. This Advisory is neither an exhaustive treatment on the subject nor is it intended
to substitute for the advice of an attorney.
For more information about BuyBoard, contact us at 8001w6954s2919,
Is Tex, Govt Code §791.025 and Tex., Local Gant Code §271,102,
He Tex. Ed. Code .031(a) (school districts); Tex. Local Govt Code §252e043(aXmun1dpa1!des) and §262,022(5=a) and
§262.027(countles)
file Tex. Govt Code §2254,004 and §791,011(h)
Ive Tex. Oa. Code §1051,703
v. Tex. Oa. Code §1001.0031(c)
-- vi. - Tex: -Oa. Code §1001,053
vii. Tex. Govt Code §791,0110). effective September 1,, 2013
vifi. Tic. Govt Code §2253,021(a)
&Wd f4aidS 31f 2014
FORM FwPAGE 4 CONST.V.11.18.15
Board
coopera"Ve Purchasing
12007 Research Boulevard • Austin, Texas 78759w2439
PH: 800=695m2919 • FAX: 800411-w5454 • wwwbuyboard. m
VIATION AND COMPLIANCE SIGNATURE FORM
If your company intends to deviate from the General Terms and Conditions, Item Specifi tions or otter
requirements a...Dated with this Proposal Invitation, you must list all such deViations on this form, and
provide complete and detailed info ation regarding the deviations on this form, an attachment to this
form, or elsewhere in your Proposal. (If you do not pruvide the Information on or as an attachment to
this form, the information must be dearly Identifled in your Proposal.) The Cooperative will consider any
deviations in its contract award decision and reserves the right to accept or reject a proposal based upon
any submitted deviation.
In the absence of any deviation identified and d-o-;cribed in accordan with the above, your company
must fully comply with the General Terms and Conditions,, Item Specifl tions and all other requirements
associated with tliis Proposal Invitation if awarded a contract under this Proposal Invitatlon.
NO; Deviations
❑ Yes; Deviations
List and fully explain any deviations you are submitting:
PLEASE PROVIDE THE FOLLOWING INFORMATION:
i. Shipping Via: Common Carrier 0 Company Truck Prepaid and Add to Invoice Mer,
2. Payment Terms: M Net 30 days ❑ 1% in 10/Net 30 days Mer.
3. Number of Days for Delivery: 30 ARO
4. Vendor Reference/Quote Number:
So State your return policy:
WA
6. Are electronic payments a ptable? MMYes [:1 No
7. Are credit rd payments acceptable? [:]Yes ❑■ No
SK Construction, LLC
thoreized Company Official
Shelly A Eberhart
Printed Name
CONST.M. 11 9 189 15
Board
Cooperittive Purchasing
12007 Research Boulevard • ALmUn,, Texas 78759.m2439
PHgel 80"95m2919 • FAX: 800-211w5454 • www-,buyboard-,com
DEALERSHIP
L I STI IN
If you have more than one location that will rvi a contract awarded under this Proposal Invitation,
please list each location below. If additional meets are required, please duplicate this form as necessary.
SK Construction, LLC
Company Name
15921 Stone Oak Estates Ct
Address
Cypress Texas 77429
at/
281 -585m4l 00
Phone Number
Shelly A Eberhart
Contact Person
N/A
Company Name
Add�ss
City
Phone Number
Contact Person
State
State
281 ow585m5707
Fax Number
Fax Number
Zip
Zip
FOM H CONST.V.11.18.15
0
oard
Cooperative Purchasing
12007 Research Boulevard * Austin, Texas 78759-2439
PH: 800-695-2919 a FAX: 800-211-5454 0 www.buyboard.com
TEXAS REGIONAL SERVICE DESIGNATION
Unless you designate otherwise on this form, you agree to service members of
The Local Government Purchasing Cooperative statewide!
The Cooperative (referred to as "Texas Cooperative"in this form and /'[) the State Service Designation form) offers
vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service
all Texas Cooperative members statewide, you mast indicate the specific regions you will service on this form.
Additionally, if you do not plan to service Texas Cooperative members (4e., if you will service only states other
than Texas), you must so indicate on this form.
Regionc-11 Educ-tion Se-1-vice Centers
SKE Construction, LLC
Qmj)any Name
-signature of Authorized Company Official
Shelly A Eberhart
Printed Name
10 1 will service Texas
Cooperative members
statewide.
C3 I will not service Texas
Cooperative members
statewide. I will only
service members in the
regions checked below:
Region
Headquarters
0
1
Edinburg
0
2
Corpus Christi
0
3
Victoria
M
4
HOUSt011
rl
5
Beaumont
71
6
Huntsville
71
7
Kilgore
71
8
Mount Pleasant
11
9
Wichita Falls
71
10
Richardson
71
11
Fort Worth
71
12
Waco
0
13
Austin
0
14
Abilene
13
15
San Angelo
71
16
Amarillo
11
17
Lubbock
171
18
Midland
71
19
El Paso
71
20
San Antonio
71 1 will not service members
of the Texas Cooperative.
FORM I CONST.V.11.18.15
MIM
12007 Research Boulevard • Austin, Texas 78759-2439
PH: 8001=695m2919 ' FAX: 800*2111m 54 • www.buyboard,, m
ERVI E D
The Cooperative offers vendors the opportunitV to service other governmental entitles in the United States,
Indudingintergove mental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard, You
0
must complete this form if you plan to service the entire United States, or will sermce only the speafic states
indicated. (Note: If you plan to service Texas Coop�erab've members, be sure that you cacomplete Me Texas
Regions/Service Dasy+gnadon farm.)
❑ I will service all states in the United States.
� I will not service all states in the United States. I will service only the states checked below:
� Alabama
❑
Alaska
Nebraska
❑
Arizona
Nevada
❑
Arkansas
New Hampshire
❑
California (Public Contract Code 20118 & 20652)
New Jersey
❑
Colorado
❑ New Mexico
❑
Connecticut
New York
❑
Delaware
North Carolina
❑
District of Columbia
North Dakota
0
Florida
Ohio
O
Georgia
Oklahoma
❑
Hawaii
Oregon
❑
Idaho
Pennsylvania
❑
Illinois
Rhode Island
❑
Indiana
South Carolina
❑
Iowa
D south Dakota
❑
Kansas
Tennessee
❑
Kentucky
Texas
❑
Louisiana
Utah
❑
Maine
Vermont
❑
Maryland
Virginia
❑
Massachusetts
Washington
❑
Michigan
West Virginia
❑
Minnesota
❑ Wisconsin
❑�
Mississippi
Wyoming
❑
Missouri
❑
Montana
This form will be used to ensure that you n-service other governmental entiti throughout the United tes.as
indicated. Your signature below oenfirms that you understand your service commitments during the term of a
contract awarded under this Proposal.
SKE Construction, LLC
pony Name
Shelly A Eberhart
afore of Au Company Official Printed Name
FORM I CONST.V.11.18..15
ard
_ � PffrGhRSIRM
12007 Research Boulevard • Austin, Texas 78759m2439
PH: 80"95w2919 • FAX: 800=211m5454,, www1uYboard,,com
URCHASIN COOPERATIVE V
,WARD AGREEMENT
M___�
In accordance with the Terms and Conditions associatecJ with this Proposal Invitation, a contract awarded
under this Proposal Invitation may be "piggy- backed" by another governmental entity. The National
Purchasing Cooperative is an intergovemmental purchasing cooperative formed by certain school districts
outside of Texas to serveits members throughout the United States. If you agree to be considered for a
piggy -bads award by the National Purchasing Cooperative,, you agree to the following terms and agree to
serve National Purchasing Cooperative members in the states you have Indicated on the State Service
Designation form, in your Proposal.
By signing this form, Propuber (referred to in this Agreement as "Vendor") agrees as followsm
L Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative")
awards Vendor a contract under this Proposal Invitatlon ("Undedying Awardff), the National Purchasing
Cooperative ("National Cooperative") may - but is not required to - "piggy - bads" on or re -award all or a
portion of that Underlying Award ("Piggy -Bads Award'. By signing this Nabonal Cooperative Vendor
Award Agreement ("Agreement', Vendor accepts and agrees to be bound by any such Piggy -Bads Award
as provided for herein.
2. In the event National Coopeudtive awards Vendor a PiggymBack Award, the National Cooperative
Administrator ("BuyBoard Administrator") will notify Vendor in writing of such Piggy -Back Award, which
award shall commence on the effective date stated in the Notice and end on the expiration date of the
Underlying Award., subject to annual renewals as authonozed in writing by the BuyEloard Administrator.
Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy -Bads
Award and this Agreement to be binding upon Vendor. Vendor further agrees that no Intedin tions or
changes to this Agreement by Vendor will be binding on National Cooperative,, unless such changes are
agreed to by its BuyBoard Administrator in writing.
3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same
unit pricing and same general terms and conditions, subject to appli ble state laws in the state of
purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor
from offering National Cooperative membOR ers better (i.e., lower) competitive pricing and more favorable
terms and conditions than those in the Underlying Award.
4. Vendor hereby agrees and conflrms that it will serve those states it has designated on the State
Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State
Service Designation Form must be approved in writing by the BuyBoard Administrator.
5. Vendor agrees to pay National Cooperative the servi fee provided for in the Underlying Award based
on the amount of purchases generated from National Cooperative members through -the Piggy -Back
Award. Vendor shall remit payment to National Cooperative on such schedule as it specifl (which shall
not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with
copies of all purchase orders generated from National Cooperative members for purposes of reviewing
and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right,,
upon reasonable writtenotice, to review Vendor's records pertaining to purchases made by National
Cooperative members in order to verify the accuracy of service fees.
FORM K-PAGE 1 CONSTM.11.18.15
Board
Cooperative Purchasing
12007 Research Boulevard • Austin, Texas 78759.a2439
PH: 800,0)5-2919 9 FAX: 8OOw2ll-54 • www.buyboard.com
6. Vendor agrees that the Underlying Award, Including its General Terms and Conditions, are adopted by
reference to the fullest extent such provisions can reasonably apply to the postdmproposal/contract award
phase. The rights and responsibiliti that would ordinarily inure to the Texas Cooperative pursuant to
the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities
that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement.
Vendor recognizes and agrees that Vendor and National Cooperative are the only pard to this
Agreement,, and that nothing in this Agreement has application to other third parties, including the Texas
Cooperabve,, In the event of conflict between this Agreement and the terms of the Underlying Award,
the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict
7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode
Island and venue for any dispute shall lie in the federal district court of Alexandria,, Virginia.
8. Vendor acknowledges and agrees that the award of a Piggy -Bads Award.1s within the sole di0 scretion of
National Cooperative,, and that this Agreement does not take effect unless and until National Cooperative
awards Vendor a P199VIMBack Award and the BuyBoard Administrator notifies Vendor in writing of such
Piggy -Bads Award as provided for herein.
WHEREFORE,, by signing below Vendor agrees to the foregoing and warrants that it has the authority to
enter into this Agreement.
SKE Construction, LLC 520-1 6
Name of Vendor
gnature of AuftAodzed Company Official
08/25/2016
Date
Proposal Invitation Number
Shelly A Eberh rt
Printed Name of Authorized Company Official
FORM K=*AGE 2 CONST,V.11.18.15
_ dng
12007 Research Boulevard • Austin, Texas 78759m2439
PH -so 800=695-2919 ' FAX: 800-v&211m 54 ' wwwbuyboard, m
FEDERAL AND STATE/PURCHASING CWEPBATNE_DISOOUNT COMP
The Cooperative strives to provideits members with the best services and products at the best prices available. The
Cooperative determines whether prices/discounts are fair and reasonable by comparing prices/discounts stated in
your Proposal with prices/discounts you offer federal and state entices and other interlocal purchasing cooperatives
(oollecGGvely referred to as "purchasing cooperative"' in this form). Please respond to the following questions,
le Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or
market price during the previous 12-month period or the last fiscal years. $ a (The
period of the 12 month period is / ). In the event that a dollar value is not an appropriate
measure of the sales, provide and describe your own msure of the sales of the Item(s),
2. Based on your wridiscounting policies are the discounts you offer the Cooperative equal to or better than
the best price you offer other purchasing cooperatives acquiring the same items regardless of quantity or terms
and nditions,
YES[] NO[:]
3. Based on your writt� discounting polldes, provide the Information requested below for other purchasing
cooperatives, either in the chart below or in an equivalent format,, Rows should be added to accommodate as
many purchasing cooperatives as required.
PURCHASING GROUP
DISCOUNT (0/o)
QUANTITY/VOLUME
FOB TERM
i. Federal General Services Adm.
2. T.=PASS
3. U.S. mmunities Purchasing Alliance
4. The Cooperative Purchasing Network
S. Houston -Galveston Area Council
6.Other
0 MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS.
CURRENT- &UY6DJk&RYjKP.M
If you are a arrant BuyBoard vendor, indicate the discount for your current BuyBoard contract and the proposed
discount in this Proposal. Explain any difference between your current and proposed discounts.
Cun�ent Discount (0/o).a
,
a n -a- U1 oeh:
Proposed Discount (0/o):
By signature blow, I certify that the above is true, complete and accurate and that I am authorized by my company
to make this fl tion.
SKE Construction, LLC
signature of TT
orized Company Official
FORM L
Company Name
Shelly A Eberhart
Printed Name
NST..V.11.18.15
Cooperat/ve Purchasing
12007 Research Boulevard ' Austin, Texas 78759-2439
PH: 800-695,4919 ' FAX: 800-211-54 ' www,,buyboardxom
GOVERNMENTAL REFERENCES AND PRICE/DISCOUNT INFORMATION
For your Propose! to be considered, you must supply a min imum of five (5) individual governmental entity
references. Provide the information requested below, including the existing price/discounts you offer each customer.
The Cooperative determines whether prices/discounts are fair and reasonable by comparing prices/discounts stated
in your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages if
necessary.
quantity/
Entity Name Contact Phone*... Discount Volume FOB Term
is City of Baytown -Dale Hughesm(281) 420=6548mO%mN/A-N/A
2. City of Deer Park -Brent Costlowm(281) 838-9969-00/co—N/A-N/A
3 Sheppard AFB Lewis Kennemer-(940) 676M 3206- 0%-N/A-N/A
4 City of Round -Rock Chris Spencerm(512) 801 - 063-0%mN/A-N/A
5 SJRAm d Maldonaldo=(936) 827m7365mO%mN/A-N/A
Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to
give better discounts (lower prices) than indicated? YES NO If YES,, please explain:
SKE practices " Value Engineering " If there is a decrease in the cost of materials
previously quoted, a decrease is passed on to the "Owner"
By signature below, I certify that the above is true and correct and that I am authorized by my company to make
this certification.
SK Construction, LLC
Shelly
Printed Name
nzea tympany vmum
erhart
FORM IN CONSTNA1.18.15
TBaaf d
Cooperative Purchasing
12007 Research Boulevard *Austin, Texas 78759-2439
PH: 800-645-2919 'FAX: $00-211-5454 # www.buyboard.com
ARKETING STRATEGY
For your Proposal to be considered
all or Dart of vour Proposal. il S
Attach additional pages if necessary.
SKE is excited for the opportunity to become a part of the Buyboard's vendor -list. We would add our Buyboard
--- -- -------------- --
participation into our current marketing plan. With our current Customers and the Engineering firms we give monthly
-- -- - -- -- -- - ------- - ----- -- -- ----- -- -- ------------
-----------
demonstrations to, we would meet with them and discuss the advantages of them becominga part of the Coop, if they are not
9
------- ------
already members. We would provide them the details of our JOC ezIQC and Core contracts and give them the
- - -- -- -- ---------------- ---------
information on the two differing types, so that they can determine which is best for their needs, on a per
project basis. With the Co-op's permission, we would add the Buyboard logo to our website, brochures and
------ - ----------- -- -
email signatures to help spread the knowledge of Buyboard and our participation.
- -- -- ------
------------------- ----
SKE Construction, LLC
pany Name
-x�
Signature of
Au�i�orized Company '
Shelly A Eberhart
Printed Name
FORM N CONST.V.11.18.15
ard
_ a purchashig
12007 Research Boulevard • Au n, Texas 78759-2439
PH: 800495=2919 • FAX: 800,w211-54 • wwwbuyboard.com
CONFIDENTIAL/PROPRIETARY INFORMATIO
0
AA-PUblic Disclosure LM
All Proposals, forms; documentation, or other materials submitted by Vendor to the Cooperative in response
to this Proposal Invitation may be subject to the disclosure requirements of the Texas Public Information Act
(Texas Government Code chapter 552,001,, et. seq.) or similar disclosure law. Proposer must dearly identify
on this form any information in its Proposal (Including forms, documentation, or other materials submitted
with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify
the Information, the Cooperative shall have no obligation to seek protection of such information from public
disclosure should a member of the public or other third party request access to the information under the
Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for
information in a Proposal that Proposer has identified in this forth as proprietary or confidential.
Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain
Information which Vendor considers proprietary or nfidential?
[3 NO, I certify that none of the information included with this Proposal is considered nfidential or proprietary.
YES, I cerUfy that this Pro�Osal containsinformation considered confidentlai or proprietary and all such
x0
information is spedricaly identified on this form.
If you responded "YES", you must identify below the stim;Ific information you consider confidential or
proprietary. List each page number, form number, or other informatlon sufficient to make the Informatlon
readily Identifiable,, The Cooperative and its Administrator will not be responsible for a Propo r's failure to
dearly identify information considered confidential or proprietary. Further, by submitting a Proposal,
Proposer acknowledges that the Coopmtive and its Administrator will disclose information when required by
law, even if such information has been Identified herein as information the vendor considers confidential or
proprietary.
nfidential / Proprietary Information:
Street Wdnm as listed on Forth H
(Atbdr a dtfidonal
FORM OwPAGE I CONSTNA1.18*15
ard
_ a Parchasiffo
12007 Research Boulevard • Austin, Texas 78759,&2439
PH: 800=695m2919 • FAX: 800=211-54 • www,buyboard,,com
A&LQDvnaht In'uumllmation
Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain
copyright information?
NO, Proposal (Includingt'orms, documentation, or other materials submILLCU with the Proposal) does not
contain copyright information.
❑ YES, Proposal (including forms, documentation, or other materials submIULLCU with the Proposal) does.
contain copyright Information.
If you responded "YES", identify below the specific documents or pagntaining copyright informations
Copyright Info allon.0
(AM6 add/bbnaIst,eets if need�d.)
C. Cot t do Release Confidential/Proprietary/Coarriaht information to IluBoard Members
BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard
may wish to view Information included in the Proposals of awarded Vendors. If you identified lnfb ation on
this form as confidential, proprietary, or subject to pVright, and you are awarded a BuyBoard contract, your
acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such Information to
BuyBoard members, including posting of such information on the secure BuyBoard websi for members.
Notes, Neither the Cooperative nor its Administrator will be responsible for the use or distribution of
Information by BuyBoard members or any other party.
By signature below, I fy that the Information in this form is true, complete, and accurate and that I am
authorized by my company to make this certjfl tion and all consents and agreements contained herein.
SKE Construction, LLC
Signature oT
Shelly A
Printed Name
Company official
berhart
08/25/2016
Date
FORM "AGE 2 CONSTNAL18AS
12007 Research Boulevard • Auxin,
PH: 80"95,w2919 • FAX: 800.m211=5454
R BUS
d�
Texas 78759-2439
• www.buyboard.mm
ESS IN
FORM
By submitting a Proposal, Proposer is king to enter into a legal contract with the Cooperatives As such, a
Proposer must be an individual or legal business entity capable of entering Into a binding contract.
Proposers, must completely and accurately provide the information requested below or your Proposal may be
deemed nonmre-ponslve.
Name of Proposing Company: SKE Construdon, LLC
(L[st me �/ name of Me company s�ek/ng to crn0act witli the Coopejative. Do NOr fist an ass�rm�+d name dba, aka, eit hem.
Such I
nfnrmadon may be p�vvkwbelow. If yw are submlfflng a joint propasa/ Wth anoLherenb+ty topmvIde Me same pmposedgoo&
or srvsea61 ubita�A'ng erlb'ty sftrdd conv/ele a separate vendor Infolmdon form. Separalph' qwdng bgal .2ness en8tles�
ever► If affl1lated endtiw, whfah pmpose to proWde goods orn+ces separatey m&st su&Wt ffieIr o►yr Pmwsals-)
hype of Business:
Individual/Sole Proprietor
corporation
Limited Liability Company
Partnership
Other
State of In rporation (if appizcable):
X
Texts
Federal Employer Identification Numbers, 204217354
(Vendor must include a completed
If other, identify
IRS WE9 fon n with their prop osag
List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyEloard: (Wrote: If different than
the Name of RqpoOng Company listed above, only vaNd trade names (dba, aka, etr.) of She PropaOng Company may be used and a
cvpyWyvurAsumed Name OwVAate(s), ifappaMAJ6 must be atta6ed.)
SKE Construction, LLC
FORM P CONSTM.11.18.15
For„ W=9
(Rev. Januwy 2011)
De dafts of the pakreas" ftyiw Re SWWW
Request for Taxpayer
Identification Number and Certification
Name (n eleven on your income fax rotum)
SKE Constru on, LLC
Give Form to the
requester. Do not
seed to the IRS.
e„mi„A Is „emdc�e�arded e�uiy im,10. if arrWenc mom aoo�
Clieck epmproprlate box (or Wafte Val tmc
I -,I (mq&&9*.e O u�a�o+oa�a ❑ C O S TnmWestate
p Umked IMMIty�v�y. Enter ft,� c��s� tc�c �ao�+. Sa3 eorporatbn. P�eutr+mahiP) � C ._.._..._ ❑ �P� PaY�
Other (see 1100Wcuans) bo
Addrm (nu -Der, slreef. and apt. or s,�te no.
PO Box 1111
Me 8ffite. and ZJP code
8 Texas 77410
ust eooMMir it nhaze (OPOOM*
Taxpayer Identification Number
RMOSWS nan►e and add�eas (uOUond)
Enter your TIN in the appropriate bo). The TIN proAded mac the nwne given o, ft *Name* line
tou—v—pabadcupvnurww,Wing*Forlifuiviuuafs. this is your soda) securKy nurt�ber ($".However, for a
resident alien, sole proetor. or dsregarded entity, seethe Part 1 Iristrudiore an pie 3'. For otlm
eMlUea. R Is your ployer Identification number (EIM. If you do not have a number. see How to get a
77N an page 3.
Note. If the aoant is in than one name see the chart on page 4 for gulde6nes on whose
nur4 rRber to enter.
Certification
Under penances of pedury, I certify that
WAW
&W10Y9r*'-2- Von m+mber
1. The number shown ai this form Is my correct taxpayer Identillcatlon �urnber (or 1 am waidr►g for a number to be issued to me), and
am not to bacio�p vvltidwldi� be�n1se: (a) I en, exernPt r►an backupwithholding, or (b) I have not beep, eld by the In IM l Revue
Service QRS) that 1 am subject to backup wllhfiolding as a result of a fdure to report all hte�st or dividends or (c) the IRS has notified me that I am
no longer subject to backup withholding, end
3. 1 am a US,, citlzen or other U.S. person (deffned below).
CefflffcWon buftctions. You must � out kern 2 above if you have been ratified by the IRS that you are currently subject to badwp withholding
becawe you have taAed to report all In and dMUends on your tax return. For rear estate transactions. Item 2 does not appy. For mortgage
Interest paid, accpdsiton or abandon t secured property. cancellation of debR conMbutlons to an hu&ldual retirement erran9ement pRA?. and
genwwlyl paymffft other than an dividels4m are not reAaired to sign iltaQtlon. but you must provide jrour cor►ect T1N. See tlhe
Instructions on Rage 4. /1 '. A 1! _ �
Sign I . �
Here u."s:o o;i
General Instrtictions
Section references are to the Interne!
noted.
Date ►
Note. B a requester ghm you a farm oM�er than Form W�9 to request
unless othenxise yourse the TIN, you must urequestM'a form If R is aubstantlaty similar
to this Forth WaP9.
Purpose of Form
A person who is required to fife an Info ation return wlth the IRS must
obteln your%.An I I xPeYer Identification number (nN) to report, for
example. income to yap. estate
51WALwage Interest
Yom or abetMoo�meM of severed property csnellation
of debtor coMribuUor�s you made to an IRA.
Use Form W4 mdy it you are a U.S. person (inducilno a resident
alien), to provider-uvwe your correct TIN to the pemon requesting R Me
q�te�9 and
re . when app, to."
1. Cadfy ftt the TIN you are giving Is correct (or you are wafting for a
number to be ueO,
2 Cer* that you are not subject to backup wNhholding, or
3. Claim'AMMI&Ixemption horn backuA withholding if you are a U.S. eotempt
payee. K ePP you
� we also certifying that as a U.S. person tart
allocable --M. of any partne►shlA income from a U.S. trade or business
Is not subject to the wlfhhoiding taut on foreign p-..A share of
effadively ooroMted Income.
Definition of a US. person. For federal lax purposes, you are
considered a U.S. person N you are:
• An individual who Is a U.S. citizen or U.S. resieAen,
• A PartnershlP. corporaUon, company, or odation created or
organized In the United States or under the laws of the United States,
• An estate (other ftn a foreign estate), or
• A domestic trust (as defined In Regulations -A2u-wi 301.770114)o
Specta! rates for parUtnerships. Pavummhlpis that ca�duct a Dade or
busIn a,e u�uced are�ssstates b reauirea to pay a withholding
tau on any formogn asRners' share of Inoome ftom suchM�k►ess.
Further. In certain cases where a Forth Wag has not been received, a
parb4ersMp is required to presume that a pa►tner is a forWgn person,
and pay the withholding ta)L Therefore, if you are a US. person that is a
paMer in a P EA 0 a Dade or )usiness in the United
States, provide Form W-9 Lo theffa-trMship to establish your U.S.
status and avoid withholding on your share of partnership income.
Cat No. 10231x ram W=9 Move 14P20+1,
ard
_ a Purchasing
12007 Research Boulevard • Au In, Texas 78759w2439
PH: 800-695-2919 • FAX: BOO-r2llm • wwwbuyboard.com
GAR VENDOR CERTIFICATION FOR
(2 CFR Part 200 and Appendix II)
When a Cooperative member seeks to procure goods and services using funds under a federal grant or
contract, speafic federal laws,, regulabons, and requirements may apply in addition to those under state
law,. This Includes,, but is not limited to, the procurement standards of the Uniform Administrative
Requirements,, Cost PrIndpi and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred
to as the "Uniform Guidance" or new "EDGAR'l. All Vendors submitting proposals must complete this
EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements
which may be applicable to specific Cooperative member purchases using federal grant funds. This
completed form will be made available to Cooperative members for their use while considering their
purchasing options when using federal grant funds. Cooperative members may also require Vendors to
enter into ancillary agreements, in addition to the BuyBoard contract's general terms and nditions, to
address the membees specific contractual needs, Including contract requirements for a procurement using
federal grants or col-milw"docts.
Foreach of the IteMS belOW,, VS#7dor shiould ceMy Vendor's agreement and abIlity to comply.,
where applicable, by having Vendor's aidbodzed repreaentaffve check and InNal the
anpjl�''111�able boxes and sign me admow/edgment at the endofibls forrn. Ifyou failto
complete any item I*n ibis folmy the umperaotive will coasider and may list the Vendor's
r�eresponseton he BayBaard as "NO" the Vendor is unable or itnwlUfng f 6 coinply.. A "NO"
response to any of the items may, if applicable,, impact the ability of a Cooperative member to purchase
from the Vendor using federal funds.
i. Vendor Violation or Breach of Contract Terms:
Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the
inflation adjusted amount determined by the Civilian Agency Acquisition Coundl and the Defense
Acquisition Regulations Council (Councils) as authorized by 41 U 1908,, must address admini tive,
contractual, or legal remedies in Instances where contractors violate or breach ntract terms, and provide
for such n ons and penalties as appropriate.
Provisions regarding Vendor default are included in the 13111uyBoard General Terms and Conditions, including
Section E.18,, Remedies for Default and Termination of Contract. Any Contract award will be subject to
such BuyBoard General Terms and Conditions, as well as any additional terms and conditionsin any
Purchase Order,, Cooperative member ancillary contract, or Member nstru on Contract agreed upon by
Vendor and the Cooperative member which must be nsistent with and protect the Cooperative member
at least to the same extent as the BuyBoard Terms and Conditions.
The remedies under the Contract are in aIdition to any other remedies that may be available under law or
in equity.
By submitting a Proposal, you agree to these Vendor violation and breach of contract terms.
Vendor Certification, Item i (Vendor Violation or Breach of Contract Terms)
0 YES, I In,gto the above. (InitialI -A-
❑ NO, I do NO agree to the above. (Initial•
FORM "AGE 1 CONST.V.11.18.15
ard
Purchasing
12007 Research Boulevard • Austin, Texas 78759,m2439
PH: 800495w2919 • FAX: 8001m2ll-54 • www,buyboard.com
2. Termination for Cause or Convenience:
For any Cooperative member purchase or contract in excess of $10,000 made using federal funds,, you
agree that the fallowing term and condition shall apply:
The CoAytiveAeramember may termInate or cancel any purchase armor under thIs Can&act at any time,
Wh ow�bhout cause, bypvlding seven (7) business daw advwnc wd&en notice to the Vendor. If this
Agimment Is terminated In a=ldalxe &WM this Paragraph, the 0-n~%&adve�member shall onlv be
iWulf & to Ivy vendor for goods or miWces "iw%vd to the Cooperate mem&ar pdor to the 1&m1nadon
and not offieWse returnedIn a4xvaRce iWffi Vendoes return pdlcy. If the Coopmative mem&ar has
paid Vm:dor fior goo& or serWces not yet pro v1ded as of the date of tamlnadon, Vaidor shall Immediato
fefilnd such praym&71(s),.
If an alternate provision for termination of a Cooperative member purchase for use and convenience,
including the manner by which it will be effected and the basis for settlement, is included in the
Cooperative membWs purchase order, ancillary agreement, or Member Construction Contract agreed to
by the Vendor, the Cooperative membees piovi�on shall control.
Vendor Certification, item 2 (Termination for Cause or Convenience):
0 YES, I the above,. (Initial:-
❑ NO, I do DW agree bo th e above. (Initial• _J
3. Equal Employment Opportunity:
Except as ot-h--erwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that
meet the definition of 'federally assisted construction contract"' In 41 CFR Part 604.3 shall be deemed to
include the equal opportunity clause provided under 41 CFR 60-1,4(b),, in accordance with Executive Order
11246., "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 196+1965 Comp., p. 339),, as
amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and Implementing regulations at 41 CFR Part 60,, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
The equal opportunity dause provided under 41 CFR 604.4(b) is hereby incorporated by reference.
Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the
definition of "federally assisted constru on contract" in 41 CFR Part 60opl.3 and Vendor agrees that it shall
comply with such provision.
Vendor Certification, item 3 (Equal Employment Opportunity):
�■ YES, I agree to the above. (Initial��
❑ NO, I do &OT agree bo the above. (Initlal:
FORM "AGE 2 CONSTsVollelSoIS
_ :Iraslag
12007 Research Boulevard • Au n, Texas 78759-2439
PRO, 800kw695-2919 • FAX: 800-211-wS454 • mrww,,buybwrd-. m
4. Davis -Bacon Act:
When required by Federal program legislation,, Vendor agrees that, for all Cooperative member prime
construction contracts/purchases in excess of $2,000,, Vendor shall comply with the Davis -Bacon Act (40
USC 3141=3144, and 3146-3148) as supplemental by Department of Labor regulations (29 CFR Part S.
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and AssibLeu
nstructionff),. In accordance with the statute, Vendor is required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the
Secretary of Labor. In addition, Vendor shall pay wages not less than on a week.
Current prevailing wage determinations issued by the Department of labor are available at ym,MAUMVv.
Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the
Vendor is conditioned upon Vendor's acceptance of the wage determination.
Vendor further agrees that it shall also comply with the Copeland'"Ant1wKickbackAV Act (40 USC 3iiiii45), als
supplemented by Department of Labor regulations (29 CFR Part 31 "Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States'.
The Act provides that each contractor or subreciploent must be prohibited from inducing, by any means,
any person employed in the nstruction, mpletion,, or repair of public work, to give up any part of the
mpen tion to which he or she is otherwise entitled.,
Vendor Certification, Item 4 (Davis -Bacon Act):
� YES, I agm to the above. (Initial: I }
❑ NO, I do Ma agree to the above. (Initial,• _�
5. Contract Work Hours and Safety Standards Act:
Where applicabfe, for all Cooperative member contracts or purchases in excess of $100,1,000 that involve
the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704,, as
supplemented by Department of Labor regulations (29 CFR Part 5),, Under 40 USC 3702 of the Act:,,
Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work
week of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is
compensated at a rate of not less than one and a half tim the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, ha rdous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contra for
transportation or transmission of intelligence.
Vendor Certification, Item 5 (Contrail %Work Hours and Safety Standards Ad):
0 YES, I agree to the above,, (Initial40
❑ NO, I do hff agree to the above. (Initial: _)
FORM "AGE 3 N eVe 11,618* 15
Board
Cooperative Parchas/ng
12007 Research Boulevard • Austin, Texas 78759m2439
PH: 8M695m2919 • FAX: 800=211-m5454 • www,,buyboard.com
6. Right to Inventions Made Under a Contract or Agreement:
If the Coo1M.9ft.ative member's Federal award m-0ets the definition of "funding agreement:" under 37 CFR
401,2(a) and the recipient or subrecipient wishes bo enter into a contract with a small business firm or
0
nonprofit organi tion regarding the sub0tution of parties, assignment or perfbrmance or experimental,
developmental,, or research work under that %nding agreement,'" the recipient or su Iplent must
mply with the requirements of 37 CFR Part 401,, "Rights to IrnenUons Made by Nonprofit Organizations
and Small Business Firms Under Government Grants,, Contracts and Cooperative Agreements," and any
Implementing regulations issued by the awarding agency.
Vendor agrees to amply with the above requirements when applicable.
Vendor Certifl tion,, Item 6 (Right to Inventions Made Under a Contract or Agreement):
0 YES, I Agnee to the above. (Initial: '
❑ NO, I do &a agree to the above. (InitlaL• ,_)
7. aean Air Act and Federal Water Pollution Control Acts.
Clean Air Act (42 USC 7401=7671q,,) and the Federal Water Pollution Control Act (33 USC 12514387) as
amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that
requires the non -Federal award to agree to comply with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as
amended (33 USC 1251=1387),, Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EPA).
When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the Clean Air Act and the Federal Water Pollution Control Act.
Vendor Certification, Item 7 (Clean Air Ad and Federal Water Pollution Control Act):
� YES, I agree to the above. (Initial.
❑ NO, I do � agree fio the abave. (InldaL• �
S. Debarment and Suspensions.
Debarment and Suspension (Executive Orders 12549 and 12689) — A contract award (see 2 CFR 180120)
must not be made to parties listed on the gove imient-wide exdusions in the System for Award
Management (SAM), in accordance m*th the OMB guidelines at 2 CFR 180 that implement Executive Orders
12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CAR Part 1989 Comp. p. 235), "Debarment and
Suspension.'" SAM Exclusions contains the names of partite debarred, suspended, or otherwise excluded
bV agendas, as well as parties declared IneJlglble under statutory or regulatory authority other than
Fyewbve Order 12549.
FORM Q� PAGE 4 CONST.V.11.18.15
_ ;1&7g
12007 Research Boulevard • Austin, Texas 78759m2439
PH: 80"95-2919 • FAX: 800w211-5454 • wmbuyboard.com
Vendor CeAfl that Vendor is not rrently listed on the government -wide exd ions in SAM is not
debarred, suspended, or otherwise excluded by agendas or declared ineligible under statutory or
regulatory authority other than Executive Order 12549,, Vendor further agrees to immediately notify the
Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if
Vendor is later listed on the government -wide exclusions in SAM,, or is debarred, suspended, or otherwise
excluded by agencies or declared ineligible under tutory or regulatory authority other than Executive
Order 12549.
Vendor CeMf! tion item 8 (Debarment and SusMdkkk
pe ion):
❑■ YE I Agree rtify to the above. (Initlal:
❑ NO, I do h= agree rtify to the above. (Initial:
9. Byrd AntimLobbying Amendment,:
Byrd Antim bbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has
not used federal appropriated funds to pay any person or organi tion for influencing or attemptlng to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 USC 1352, Each ties must also disclose any lobbying with non -Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non -Federal award.
As appiicable, Vendor agrees to file all certficcitionsiand disclosures required by, and otherwise comply
with, the Byrd Anti -Lobbying Amendment (31 USC 1352)0
Vendor Certification, item 9 (Byrd AnttwLobbyeing Amendment):
❑� YES, I to the above. (Initial: )i4
❑ NO, I do h= agree to the above. (INdal: _)
100 P ment of Recovered Materials:
For Cooperative member purchases utilizing Federal funds, Vendor agfees to comply with Section 6002 of
the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where
applicable and provide such Information and certifl tions as a Cooperative member may require to
confl esUmates and otherwise comply. The requirements of Section 6002 include procuring only Items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CAR Part 247 that contain the
highest: percentage of recovered materials pra ble, consistent with maintaining a Usfactory level of
competiUon, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery, and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
FORM Qna PAGE 5 CONSLV*11*18915
12007 Research Boulevard • Austin, Texas 78759w2439
PH: 80"95-2919 • FAX: 800m211-54 • wmbuyboard. m
Vendor Certiflication, Item 10 (Procurement of Recovered Ma nals).
Q YES, I agree to the above. (Initlal:
❑ NO, I do fiff agree to the above. (Initial,• �
11, Profit as a Separate Element of Price
For purchases using federal funds in excess of $150,000, a Cooperative member may be required to
negotiate profit as a separate element of the price. See,2 CFR 200.323(b). When required by a
Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member
regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees
that the total price,Including profit, charged by Vendor to the CooAM& perative member shall not exceed the
awarded pricing, including any applicable discount, under Vendor's Cooperative Contract.
Vendor Certification, Item ii (Profit as Separate Element of Price):
Q YES, I sareg to tfie above. (Initial: 5PLI)
� - -
❑ NO, I do ,NU agree to the above. (In9tial: �
12, General Compliance and Cooperation with Cooperative Members
ME, �
In addidon to the foregoing speciflc requirements, Vendor agrees, in a epting any Purchase Order from a
Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such
Information and to satisfy such requirements as may apply to a particular Cooperative member PUrchase
or purchases including, but not limited to,, applical�e recordkeeping and record retention requirements.
Vendor Certification, Item 12 (General Compliance and Cooperation with Cooperative
Members):
0 YES, I agree do the above. (Initlal:
❑ NO, I do hm agree to the above. (InidaL• �
By signature below, I certify that the information in this form is true, complete, and accurate and that I
am authorized by my company to make this certification and all consents and agreements contained
herein.
SKE Construction, LLC
ny ame
� Fanature of horri;
ShellKA�berhart
Printed Name
FORM Q*PAGE 6
Company Offldal
CONST.V.11.18.15
ard
V V oPerative PfiIrcasing
12007 Research Boulevard • Au n, Texas 78759m2439
PH: 800-695=2919 • FAX: 800-211=5454 • www.vendor.buyboard.com
PROPOSAL INVITATION QUESTIONNAIRE
Proposal Invitation No. 520=16 - lob Order Contracting for
M
The Cooperative will use your responses to the questions below in evaluating .your Proposal to provide
the goods and rform the construacton or construction -related services C'%mork'j under the BuyBoard
contract contemplated by this Proposal Invitation contracalfl, Proposers must fully answer each
question, numbering your responses to correspond to the questions/numbers below,, Proposers must
complete below or attach your responses to this questionnaire, sign where indicated below,, and submit
the signed questionnaire and your responses to all questions in one document with your Proposal. You
must submit the signed questionnaire and responses with your Proposal or the Proposal will
not be considered.
1. Describe Proposerjs direct experience (not as a subcontractor) perform*ing the Job Order Contracting
(30C) work proposed under this contact. Include a brief description of the JOC projects your
company (or your company's key employees) have completed for Texas governmental entities in the
last 5 years, and include for ch the project name, scope, value, and date, and the name of the
procuring government entity and entity contact person. Identify the contracts that best represent
Proposees capabilities relative to this contract. If referring to projects of key employees to
demonstrate experience, identify the employee, the employee's role in the project, and the
employee's current position with your company.
We have completed 4 different annual contracts for the City of Baytown, TX, starting in 2011 - 20160
There have been two contacts, Dale Hughes and Brent Costlow, who is now with the City of
Deer Park, TX. The contracts are ID/IQ, task order based. These contracts have allowed us to gain
the qualifications to handle several work orders simultaneously, flowing through each ph
ase con-
currently, while maintaining the necessary competence and professionalism that SKE is known for,.
2. Describe the resources Proposer has to manage staff and successfully perform the work
contemplated under this contract. State the number and summarize the experience of company
personnel who may be utilized for the work, inducting those who will be available to Cooperative
members for assistance with project development, technical issues, and product selection for work
associated with this contract.
SKE has 15 employees who have worked together as a team for more than 5 years with a management staff from
diverse backgrounds. The crews are overseen by two superintendents who report to a PM. Our lead PM has over 30 years of
experience with utilities, both waterand wastewater. H knows howto dissecta project and dete ine
complete each task. Our crew has extensive experience working for municipalities, with both an Owner and a Customer
to satisfy, and they have the relationship needed to evaluate, communicate and motivate each other to finalize a project.
Page i of 4
CONSTM5.20. 16
Board
cows, MhdNLd=11kAE1Eh.MMALzre Purchaslag
12007 Research Boulevard • Au n, Texas 78759-2439
PH: 800m695,w2919 • FAX: 800-211m5454 • www,vendor.buyboard.com
3. The contract does not include architectural or engineering services, which must be procured
separately, outside of the Cooperative, in accordance with Chapter 2254 of the Texas Government
Code (Professional Services Procurement Act). If you are performing work under the contract on a
project that requires the services of an architect or professional engineer, how will you work with a
Cooperative member and its designated architect or engineer with respect to services that must be
procured outside the contract.
On a design/build construction project we salt down with the Coop Member and the A/E firm
and allow the 3 parties to voice their input on the project with this design team. We would
go over all questions and remarks from the initial review, then prepare a design submittal.
SKE aims to keep communication at the forefront to maintain the quality of our work and to
ensure this project is finished as specified, both on time and within budget.
4. Describe the tasks and functions that can be completed by Proposer in-house without the use of a
subcontractor or other third party.
SKE is able to self-perfo all'I'nfrastructure constriction. We have a focus on utility replacements
and rehabilitation to include water, sewer and gas systems. This includes all concrete and asphalt
work, fencing and site restoration, as needed,, We have completed several projects under the
building classification requiring the demo and replacement of concrete and steel structures.
5. Describe ProposerJs financial capability to perform the contract. State or describe the fli I s financial
strength and rating,, bonding capacity, and insurance coverage limits. State whether the firm, or any
of the fl 's past or present owners, principal shareholders or stockholders, or officers, have been a
debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify
any such debtor party by name and relationship to or position with your firm.
Since the start of SKE in 2006, we have consistently shown a strength in our finances.
Wl�lie have a $2 Million)_11$4 Million bonding capacity per job/a:�������gregate. We have $1 Million
each occurrence and $2 Million aggregate in insurance coverages. We've been
insured and bonded since 2008 and have had no limit deductions in either. -
There have been no owners or officers who have or are filing bankruptcy.
Page 2 of 4
CON 9Vs5,s20,e 16
Board
Cooperst/ve P&rrchasing
12007 Research Boulevard • Austin, Texas 78759-2439
PH: 800-695,w2919& FAX: 800-211-5454 a wwwvendor.buyboard.com
6,, List all contracts,, if any, in the last 14 years on which Proposer has defaulted or that have been
terminated for any reason and for each provide the project name, scope, value and date and the
name of the procuring governmental entity. Fully explain the circumstances of the default or
termination.
NIA. SKE has never defaulted or had a contract terminated for failure to perform for any reason.
7. List all litigation or other legal proceedings, i*f any, in the last 10 years brought against your firm, or
any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or
employees, that relates to or arises from a contract similar to this contract or the work contemplated
under this contract. (The list should include the contractor as well as the product supplier.). Provide
the style of the lawsuit or proceeding (name of patties and court or tribunal in which filed), nature of
the claim, and resolution or current status,,
N/A. There have been no legal proceedings involving SKE or it's Owner, who i*s the sole manager.
8. Describe in detail the quality control system Proposer will use, including third party auditing
certification, to support the long-term performance and structural strength of the products to be
used in a project under the contract.
SKE will discuss with Owner their specs and'i8f needed, will provided alternative specs to consider,
ensuing the understanding of the application of the materials to provide the right items for the job.
All materials are to be inspected by the manufacturer and will show appropriate
documentat41 ion. The materials are inspected by SKE personnel upon delivery to ensure
quality standards are met.
Page 3 of 4
CONSTM.5.20. 16
ring
12007 Research Boulevard • Au n,, Texas 78759-2439
PH: 800-695w2919 • FAX: 800-211-5454 • www.vendor.buyboarci.com
9. If the work will require Proposer to tender performance and payment bonds, provide the name of the
bonding company or surety that will issue such bonds.
SKE's surety bonds are issued b Merchants Nadonal Bonding Inc at 2100 Fleur Dr..
Des Moines, IA 50321
10, Describe in detail all documented safety issues, if any,, that have involved Proposer in the last 3 years
related to the type of work contemplated under this contract. Provide a 3-year history of your firm's
workers compensation experience modifier.
SKE Construction LLC has an excellent safety record,SInce start un in 2006 we have zero incidentsda
involving work related illnesses or injury. SKE has an experience modifier of 0.84 thru 2017. We has 0.85
for policy year 2015-2016 and 0.82 For workers comp Policy ending; 2015.
By signature below,, I certify that the information attached to this Proposal Invitation
Que.ctionnaire in response to the above questions is true and correct and that I am
auby mythorized company to make this certification.
SKE Construction,- LLC
Company Name
66
nature of AOthoriz
Company Offic'I"
Page 4 of 4
CONSTY.S.20. 16
%10 V Cooperative Purchasiny
12007 Research Boulevard ' Austin, Texas 787S9-2439
PH: 800= 5-2919 • FAX: 800"211-5454 • www.vendor-buyboard.com
THE LOCAL GOVERNMENT PURCHASING COOPERATIVE
ADDENDUM NO. 1
Pwpo--1L�vfiaiion Na 520-16*�3ob Order Contra cting
Regional S-7tat8-V-A--de OC (Gordian ezIOCO) and Gordian lob Order Co,-,uracting Core'""
The following information becomes a permanent part of the Proposal Invitation document.
The newly published 2.ul. 2016 Constructioni1ok Cg or CT from The Gordian Group
is now available for proposers preparing a response to Part One -Texas Regional Statewide
lob Order-cont racting (Gordian ezIOC(R)l of Proposal Invitation No. 520-169
The Construction Task Catalog or CTC means the construction cost data books developed by
The Gordian Group for the Cooperative containing a comprehensive listing of construction
related tasks together with a specific unit of measure and a published Unit Price.
Please sign and return one copy of the addendum with proposal as verification of receipt and
compli*ance with addendum information.
Company Name:
Address:
Signature of A
Company Ofrt
Telephone Number:
Title:
Board
Cooperative Purchasing
12007 Research Boulevard Au n. Texas 78759-2439
PH: 800=695-m2919* FAX: 80044111w5454 • www,vendor.buyboard.com
THE LOCAL GOVERNMENT PURCHASING COOPERATIVE
ADDENDUM NO. 2
PMpo6al Invftaftn Na 520=16 —Job Order Contracting
Rmional Statewide 30C (Gordian ezIOCg&) and Gordian Job Order Contracting Corer"
The following information was requested in regards to Proposal Invitation No. 520=16 — Job Order
Contracting Regional Statewide 30C (Gordian ezlQC@) and Gordian Job Order Contracting Corer".
This addendum becomes a permanent part of the Proposal Invitation document:
Question le, Please confirm that the Gordian Required License mentioned in Part One (b) does not
need to be procured prior to proposal due date.
Response: As nANNIA&AMM,d in the Proposal Invitation, Vendorsawarded under Part One for the
Regional Statement HOC (Gordian ezIQC) will be responsible for obtaining, at Vendor's
sole aosl� the Gordian Required License as defined in the Proposal Invitation. It is not a
requirement of the Proposal Invition that a Proposer have a Gordian Required License
at the time of proposal submission.
Oue
ion 2: Is this an all -or -none evaluation or is it possible that contractors will be awarded only
.stsome of the regions in which they propose to do work?
Response: This proposal invitation is not an ail or none evaluation. The Cooperative may
award all or only portions of the proposal ion any combination or in any way that provides
best value to Cooperative members based on the criteria set out in section C.2 (Best
Value Criteria) of the General Terms and Conditions.
question 3: Will contractors be allowed to work with customers outside of their awarded regions if the
customer and contractor mutually agree to do so?
Responses. Awarded Vendors may only service members of the Cooperative through any
awarded Cooperative contract for those regions awarded via the Cooperative contract.
Ouestion.A: Please confirm that vendors will not be asked to bid against each other by members.
Response: In the event of a multiple award, a Cooperative member considering a
purchasei may, n its discretion, request multiple price quotes from vendors awarded on
BuyBoard for this proposal invitation.
Question So. Please conflrm that the Gordian CTCs will be updated annually to reflect changing costs
of construction.
Response: The Gordian Construction Task Catalogs are maintained and updated solely by
The Gordian Group.
Page 1 of 3
0
and
W W Cooperative Purchasing
12007 Research Boulevard • Austin, Texas 78759-2439
PH: 800=695m2919,, FAX@@ 8004w211w5454,, wwwmendorbuyboard. m
O
uestion fin, Per the Program Requirements of the GordianIQC, please confirm that the Gordian
RequiredLicense Fee of up to 1% of contraict values not included in the 7,25% Administrative Fee.
Response: The Administrative fee does not include any separate fee which may be
charged directly to Vendor by The Gordanired Group for any Gordian License as set
out in the Program Requ'erements'ion Part One.
0 U..tion 7: The description of Sample Project 2, Vestibule Re-Tileindi tes that work will be done on
the weekend. However, the Sample Project Response Forms indicate that the Standard Hours
coeffia*ent/adjustment factor i*s to be used. Please clan*fy what coefficeient/adju ent factor should be
used on the Vestibule Re -Tile project.
Response,:Propo is should use the Non -Standard Hours coefficient/adjustment factor
when preparing this portion of the Sample Project Response From.
u 8: For the Sample Projects,, if a firm is proposing on multiple regions with different
coefficients/adjustment factors, which should be used to price the sample projects?
Response: Proposers may use Location G Austin/,San Marcos/New Braunfels for Part
One -Texas Regional Statewide Job Order Contracting (Gordian IQC(ID) and Region 13
for Part Two - Gordian fob Order Contracting CoreTM' or state the region used in
preparation of the font.
Ouesti*on : For the Gordian Core Sample Projects, please darify where the Quarterly City Cost Index
should be inserted or applied on the Sample Project Response Forms.
Response: Proposers may factor the Quarterly City Cost Index within the lienei'otem cost
column.
Question 10: In what city should contractors assume the sample projects are being installed?
Responses. Proposers should use Location G - Austin/San Marcos/New Braunfels for Part
One -Texas Regional Statewide lob Order Contracting (Gordian IQC@) and Region 13
for Part Two -Gordian fob Order Contracting Core
Question Ile, Form R states,, "Catalogs/Pn*celimust be submitted with proposal response or
response will not be considered." Please clarify if offerors must submit a copy of the CTC and lob
Order contractimng Core to the BuyBoard as part of their proposals.
Responses, Please disregard this request for logs/pn"cel'io to be submitted with the
proposal response. Proposers do not need to submit a copy of the CTC or fob Order
Contracting Core as part of their response.,
Page 2 of 3
W %AW Cooperative Parchashig
12007 Research Boulevard • Austin, Texas 78759.w2439
PH: 800-695m2919 • FAX: 800m2l 1w5454 • wwwmendorbuyboard.com
Ouestion 12, The District of Columbia is not included in the Out of State bid form for Job Order
Contracting Core. Would the BuyBoard consider adding it to the list?
Responses. Anyone wishing to propose efficient factors for PART TWO - GORDIAN 30B
ORDER CONTRACTING CORETM1 (OUT OF STATE) for the District of Columbia must
complete and return the following form:.
911 - GORDIAN 30B ORDER CONTRACTING CORE11" (OUT OF STATE)
ENTER THE PROV%RSEWS COEFFICIENT FOR STMDARD HOURS AND THE PROPOSEWS COEFF1 ENT FOR
NON-STANDARD HOURS, EACH IDENTIFIED AS A DECIMAL MULTIPLIER OF THE RS MEANS CONSTRUCTION
PROCUREMENT CATALOG AS DEFINED IN THIS PROPOSAL INIRTATION NOT TO EXCEED SOUR DECIMAL
PLACES, ON EACH OF THE TWO LINES PROVIDED BELOW FOIt EACH STATE YOU DESIGNATED:
STATE
GORDIAN
]OB ORDER CONTRACTING CORE"
Qxfflcient Factor for Standard Hours
GORDIAN
MB ORDER CONTRACTING COREm
Coefficient Factor for Non -Standard Hours
District of Columbia
Please sign and return one CODYpof the addendum with proposal as ver'i'fication of receipt and
co pl'ilance with addendum information.
Company Name:
�o
Address:
Signature of Authc'
Company Offic'i'ale
Telephone Number.
Page 3 of 3
Title.
Date:
(iooe
ard
V V Cooperative Purchasing
12007 Research Boulevard • Austin, Texas 78759-2439
PH: 800=695w2919 • FAX: 800-2111=5454 • wvvwxendorbuyWard, m
THE LOCAL GOVERNMENT PURCHASING COOPERATIVE
ADDENDUM NO, 3
I Invian&M 1 NaS20=16 —Job Order Contracting
Regional Statewide JOC (Gordian ezIOC(l)) and Gordian lob Order Contracting CoreTM'
The following information was requested in regards to Proposal Invitation No. 52o-16 — Job Order
Contracting Regional Statewide JOC (Gordian ezIQC@) and Gordian Job Order Contracu*ng C-oWm,
This addendum becomes a permanent part of the Promsal Invitation document:
48
Question 1: We understand that this is based on the RS Means unit price book. Which column is to
be used? O&P or Bare Cost?
As specified in Part 1"wo — Gordian fob Order Contracting Core, the unit price book is the
RSMeans Construction Procurement Catalog'"'. Note that this unit price book is a data set
unique from other RSMeans unit price books (e.g., Facilities Construction Cost Data Book,
Facilities Maintenance and Repair Cost Data Book). The RSMeans Construction
Procurement Catalog provides a Bare Cost. Please refer to section 4 of 30C Gordian S20m
16 Proposal Form for information in what should be i"nduded in the bidder's coefficient
i��[)uestion2, Will the data in RIS Means be used after applying theGty Cost lndexto adj*ustforspeafic
locations in TX and across the USA?
Yes. When preparing a proposal, the contractor will select the geography for where the
work will be performed, which essentially applies the appropriate City Cost index. The
Gordian lob Order Contracting Core"" will then apply the awarded coefficient determine
the proposed price.
Question 3,, If the contractor will not have the ability to apply the City Cost Index to adjust the
40
pricing to specific locations, what exactly does the pricing data in the pria*ng book represent?
The pricing in the RSMeans Construction Procurement Catalogrepresents the localized
pricing for the geography in which the work i's being done. When preparing a proposal,
the contractor will select the geography for where the work will be performed. This
automatically applies the appropriate City Cost Index to the unit line item prices.
question 4.a Is the pricing data appropriate for use at all Iocations within the 50 states or is there a
different set of data for each city or state in the USA?
The Gordian lob Order Contracting CDreTM' application includes the ability to designate the
41491
geographic location for which a project proposal is being prepared. Theis automatically
localizes the unit line items [on the RSMeans Construction Procurement CatajogTOI a
Page 1 of 2
rd�
V V Cooperative PArrehasing
12007 Research Boulevard • Austin, Texas 78759o&2439
PH: 800Im,695,=2919 • FAX: 800-o211-5454,, wwwmendor.buyboard,,com
Ouest'i*onSo. Plea elaborate on the RS Means data to be used and how contractors are to use them
at different locations across the USA?
As specified in Part Two - Gordian fob Order Contracting Core., the unit price book'10s the
RSMeans Construction Procurement Catalog'". The pricing in the RSMeans Construction
to
Procurement CatalogTM' represents the localized pricing for the geography in which the
work ies being done. When preparing a proposal, the contractor will select, the geography
for where the work will be performed. Thies automatically applies the appropriate City
Cost index to the unit line item prices. The Gordian lob Order Contracting CoreT"
application then automatelcaappleles llythe appropriate awarded coefficient to the
localized unit prices. Please refer to section 4 of 30C Gordian 520w16 Proposal Form for
informatlon in what should be included in the bidder's e clent.
Please sign and return one copy of the addendum with proposal as venflication of receipt and
compliance with addendum information.
Company Nam
AddreAddress:
Signature of A
Company Offic
Telephone Number0
:
Page 2 of 2
Date:
os�0
�d
's
:hasJng
12007 Research Boulevard • Austin, Texas 78759,w2439
PH: 800w695w2919 • FAX: 800,w211,n5454 • wwwbuyboard. m
REQUIRED FORMS CHECKLIST
(Please check (v) the following)
[� Completed: Proposers Agreement and Signature (Form A)
ComaleLW. Vendor Purchase Order,, Request for Quotes, and Invoice Receipt Options (Form B)
L� COMD101PAI, Felony Conviction Disclosure and Debarment CerWcation (Form C)
[, COMDILCWW Resadent/Nonrwident Certification (Form D)
L� : Historically Underutilized Business (HUB) Certification (Form E)
[� COMD10t9d. Affirmation Regarding Construction Related Goods and Services (Form F)
[� CfflmMlebed-a Devaation/Compliance Signature Form (Form G)
�: Dealership Listings ((Form H)
Co.,,nlafmo. Texas Regional Service Designation (Form I)
goo, COMState Service Designation (Form J)
El/ : National Purchasing Cooperedve Vendor Award Agreement (Form K)
EK Comte: Federal and State/Purchasing Cooperative Discount Comparison Form (Form L)
0000000 ComDl&d,,*. Governmental References and Price/Discount Information (Form M)
Qmuleted,@, Marketing Strategy (Form N)
L� COM12I eta: Confidential/Proprietary Information Form (Form O)
Ll000#** Comol: Vendor Business Name Form with IRS Form W-9 (Form P)
9`0 Co EDGAR Vendor Certifi tio' n For (Form Q)
Coml2lcWdl.8 Forms Checklist (Form R)
11K000 Completed: Price Proposal Form with Adjua ent-Factor(s) or Cocytuent(s),
Proposal Invitation Questionnaire, and Sample Project Response Form (Form S)
FORM R CONST.M.11.18,15
Board
Cooperative Purchasi.9y
12007 Research Boulevard,, Austin Texas 78759w2439
PH: 800-695-2919 • FAX: 800-211m5454 • www,,vei-iuor,,buyboard.com
THE LOCAL GOVERNMENT PURCHASING COOPERATIVE
Pruposalta tion No. 520w16 - Job Order Contracting for
Am
NOTE: THIS SAMPLE PROJECT MUST BE COMPLETED AND INCLUDED IN YOUR
PROPOSAL RESPONSE OR PROPOSAL RESPONSE WILL NOT BE CONSIDERED. USE THE
ATTACHED FORMS FOR YOUR RESPONSES TO THE SAMPLE PR03E S. IF YOU ARE
PROPOSING UNDER THE TEXAS REGIONAL STATEWIDE 30B ORDER CONTRACTING
(GORDIAN ezIQC@) YOU MUST COMPLETE THE SAMPLE PROTECT RESPONSE FORM FOR
PART ONE - TEXAS REGIONAL STATEWIDE JOB ORDER CONTRACTING (GORDIAN
e2IQC0). IF YOU ARE PROPOSING UNDER GORDIAN 30B ORDER CONTRACTING CORE TPI I
YOU MUST COMPLETE THE SAMPLE PROJECT RESPONSE FORM FOR PART TWO
GORDIAN SOB ORDER CONTRACTING CORETM. IF YOU ARE PROPOSING UNDER BOTH
ITEMS, YOU MUST COMPLETE BOTH FORMS.
1. 2mic*RenovatioNumm 0n (SamDlep--p j, tl
This job will be performed during normal business hours and you will have unrestricted access during
normal working hours.
This office is on the first floor of a building, with no entry issues and is located about 40 feet from the
front door. Please assume that the floor is in good shape and will not need prep. Walls will need
only minimal prep to paint.
■ Office which is 12 x 16 with 10' up to the deck and an 8' drop down ceiling, walls are drywall
with orange peel texture and paint that goes 6"" above ceiling grid.
Demo 3 Interior Lighting 2' x t' 3LEimp 18 Lay -In Type Standard Static Tr --out: r, Single Ballast,
Acrylic Cover Fluorescent Fixture (Metalux 2GR8-332A-UNV-EB81mU,. 1) and replace with the
same kind of new light.
■ Demo Marbleized Pattern Vnyl Composition Tile 1/8 " Thick and replace with like kind
■ Demo 4" High 1/8" Vinyl Plastic Base and replace with like kind
• Paint walls 1 coat primer 2 coat paint non-oii based
■ Remove, Re -install and re -level entire drop down ceiling and grid.
0
■ Add one light switch and 3 electrical outlets
■ Paint the door & door frame 1 coat primer 2 coat paint non -oil based
Page 1 of 2
30C, GORDIAN,.06.23.16
Board
Cooporative Purchasing
12007 Research Boulevard • Austin, Texas 78759lliw2439
P801)w,695m2919FAX, 8U0-211-5454 • www.vendor.buyboard.comH:
0
2. Vestebul-e Re -Tile (Sample Project)
This job will be performed on the weekend.
This vestibule is on the first floor of a building, with no access issues. Please assume that the floor is
in good shape and will not need prep, no drains in the floor. You can use the fadI*M*es dumpster for
all demo material.
■ Vestibule is 10 x S.
■ No equipment is attached to the floor.
• Demo Marbleized Pattern Vinyl Composition Tile 1/8" Thick.
• Replace with unglazed quarry floor file sta
and use chemical ntepoxy grout.
• Vestibule has (2) doors, one on each side of the 10" walls.
• There is a threshold at each door.
Page 2 of 2
IOC. GORDIAN.06,23.16
Board'
Proposal Invitation No. 520=16=3ob Order Contracting
Part One - Texas Regional Statewide lob Order Contracting (Gordian ezlqC@)
SAMPLE-EMrwcr RESPONSE FORM
Ift"nimtbe co►�p�etedand�ettq�hed Wei j004WPMP0Wft%%00%*CW�do�se W11 mt be
Firm Name: SKE Construction, LLC
Ofrice Renovation
Construction Task
CTC - CSI
Number
Leine Item Cost
Standard
Adjustment
Quantity Factor
Line Item Total
DEMO 3 LAMP T8 LIGHTING
26 0150 52a0077
12.63
3 1001
6R9
REPLACE 3 LAMP TS LIGHTING
26 0150 52-0077
26974
3 1001
R1.0222
DEMO/REPLACE VCT
09 6519 19-0002
2ell
192
1,901AO
1'711
4vj_'7_A 1 ff 0 'r-
DEMOIREPLACE 4' HIGH VINLY BASE----
09 851313-0062
113
409
1,001
879.8817
PAINT WALLS, 1 COAT PRIMER
09 9123 0"057
0942
427
1.Q 11
1 q1A
PAINT WALLS, 2 COATS PAINT
09 9123 0"064
019
427
1,001
PAINT METAL DOOR, BOTH FACES, I COAT PRIMER
09 9123 0"246
38*50
7
1,001
38*885
PAINT METAL DOOR, BOTH FACES. 2 COATS PAINT
09 9123 004248
70*76
1
100171-64676
PAINT METAL DOOR FRAME, 1 COAT PRIMER
09 9123 00w0239
0941
63
1001 1
0002&0883
PAINT METAL DOOR FRAME, 2 COATS PAINT
09 9123 00=0241
017
63
1*01
553581
REMOVE/REPLACE CEILING TILE 8 GRID
09 51 13 OM035
0.55
192
1001
106*656
INSTALL LIGHT SWITCH
0195 26 00-0039
3916
1
1*01
4091576
INSTALL ELECTRICAL OUTLET
0195 26 00.=0038
39.67
3
1001
1201001
Total Project Cost $ $29388e99
Page 1 of 2
2. VesVibul
�Boar�'
Proposal Inv'iotion No. 520-16-7ob Order Contracti
tang
Part One - Texas Regional Statewide Job Order Contracting (Gordian ezIQCo)
this Rmn, nlwtbe aonwp/et�ara�ar�+srvn�ear W16 yourompow re�poRse CW �po►ue W11 W Im co�rs►u�erw!s
Frm Name: SKE ConstrUCtiOt'1, LLC
Renovation
Construction Task
CTC - CSI
Number
Leine Item Cost'
Quantity
Standard
Adjus-Lin-ent
Factor
Line Item Total
DEMO VCT TILE
09 851918-0002
0056
50
1001
28*28
REPLACE UNGLAZED QUARRY TILE
09 3016 OM001
5o45
50
1,001
275,225
FOR UP TO 50,-ADD
09 3016 00=0001
4*06
50
1001
205*03
FOR EPDXY GROUT, ADD
09 3016 00-o0001
0*82
50
1,001
41*41
ALUMINUM THRESHOLD DEMO
0195 oa 00007o
23*12
2
14bol
4&7024
ALUMINUM THRESHOLD REPLACE
019508 00-0070
125
2
1.01
6*565
PORTABLE FLOOR DRYING FAN
0122 23 00=0777
19A5
1
1.01
1996445
Total Project Cost $ $622986
Nge 2 of 2
Bzusoargrw w
Proposal invitation No. 520=16=30b order Contracting
Part Two - Gordian lob Order Contracting CO
P-LLELO..3ECT RESPONSE FORM
I his J�nhr ftt�st be iliiilhtl�ei�ed a�td r+etvMed WiY�►� YOtN�l a►' �cr�se Nril/ r# be c+ons�d�ned�!
Flan Name: SKE Construction, LLC
1.Office Renovation
RSMeans
Construction Task Number
Line Item Cost
quantiety
Standard
Coeficient
Hours
Line Item Total
DEMO 3 LAMP T8 LIGHTING
12.63
3
34e101
REPLACE 3 LAMP T8 LIGHTING
26*74
3
72,198
DEMO/REPLACE VCT
2*11
192
009
364,o6O8
DEMO/REPLACE 4" HIGH VINLY BASE
- -- -
2*13
409Qj
784*053
= -
---PAINT WALLS, 1 COAT PRIMER
0.42
427
- 161.406
PAINT WALLS, 2 COATS PAINT
0.79
427
301597
PAINT METAL DOOR, BOTH FACES, 1 COAT PRIMER
38*50
1
34-965
PAINT METAL DOOR, BOTH FACES, 2 COATS PAINT
7016
009
61684
PAINT METAL DOOR FRAME, 1 COAT PRIMER
0.41
63
009
23*247
PAINT METAL DOOR FRAME, 2 COATS PAINT
0087
63
009
49329
REMOVE/REPLACE CEILING TILE & GRID
Oe55
192
009
95,sO4
INSTALL LIGHT SWITCH
39o76
1
009
35184
INSTALL ELECTRICAL OUTLET
39967
3
009
1 Q7.1 Q9
Total Project Cost
Page 1 of 2
$2,128.81
Board' .
Proposal Invitation No. 520=16=3ob Order Contracting
Part Two - Gordian fob Order Contracting CoreTM'
Firm Name: SKE Construction, LLC
ibule Renovation
Construction Task
RSM ns
Number
Line Item Cost
Quantity
Standard
Coefficient
Hours
Line Item Total
DEMO VCT TILE
0956
50
2592
REPLACE UNGLAZED QUARRY TILE
5e45
50
0.9
245*25
FOR UP TO 50, ADD
4.06
50
1821
FOR EPDXY GROUT, ADO
0*82
50
3699
ALUMINUM THRESHOLD DEMO
23912
2
0,69
41*616
5,85
ALUMINUM THRESHOLD REPLACE
325
2
A 0
PORTABLE FLOOR DRYING FAN
19,645
1
179505
Total Project Cost
Page 2 of 2
555.02
W W Cooperative Purchasing
12007 Research Boulevard's Austin,, Texas 78759-2439
PH: 800=695-2919 • FAX: 800-211-5454* wwwsvendorbuyboard. m
THE LOCAL GOVERNMENT PURCHASING COOPERATIVE
PRICE PROPOSAL FORM
Proposal Invoition No. 520-16 - ]ob order Contra..ngtitafor
Erise Proposal: In submitting a Proposal, the Proposer agrees to execute all of the work under the Job Order
Contrail for each Job Order issued by a Cooperative member using Adjustment Factors or Coefficients as
applicable and as defined and described within this Proposal Invitatlon.
1. Texas al[0-1-w1Statewide ]OC (Gordian ezIQC�) -Proposers shapupose two (2) Construction
Task Catalogs (L-iL) Adjustment Factors based on using the CTC1, The first Adjustment Factor is to be
applied to that work antidpated to be accomplished during normal working hours (70.00 am - 5:00 pm,
Monday thru Friday) ("Standard Hours"). The second Adjustment Factor shall be allied to work
anticipated to be accomplished during other than Standard Hours ("Non -Standard Hours"). Any work
performed during Non -Standard Hours, at Vendor's own option when approved by the Cooperative
member in accordance with the applicable Program Requirements, shall be subject to the Proposer's
Adjustment Factor for Standard Hours. The Non -Standard Hours Adjustment Factor must be
greater than or equal to the Standard Hours Adjubunent Factor.
Gordian Jab Order nftntrncting Core'" - Prop�ers shall propose two (2) coeffident factors for each
region based on using the current edition of the RSMeans Construction Procurement Catalog, adjusted to
each region, with updates as applicable. The first coefficient factor is to be applied to that work
antidpated to be a mplished during normal working hours (7:00 am - 5.,,00 pm, Monday thru Friday
("Standard Hours). The second coefficient factor shall be applied to work anticipated to be a mplished
during other than Standard Hours ("Non -Standard Hours'. Any work performed during Non -Standard
Hours, at Vendors own option when approved by the Cooperative member in ardance with the
applicable Program Requirements, shall be subject to the Propo, r's Coefficient for Standard Hours. The
Non -Standard Hours Adjustment Factor must be greater than or equal to the ndard Hours
Adjustment Factor.
2. It is understood and Proposer acknowledges that,, by making this Proposal, any change in the actual work
required under the Contract from what is projected herein shall not affect the firm Adjustment Factors
and/or Coefficient Factors proposed by Proposer or the prices contained in the applicable Unit Price Book...
If awarded, Vendors Adjustment Factors and/or Coefficient Factors shall remain firm for the duration of
the Contract
3. 3axasReMa 1 statewide ]oC (Gordian ezioC�l -All Unit Prices listed in the CTC are priced at a net
value of 1.0000. The Adjustment Factors shall be an Increase or de1401b..�ase to all the Unit Prices listed in the
CTC, For example, 11000 would be a 10% increase to the Unit Prices and 0-.9500 would be a 50/o decrease
to the Unit Prices. Bidders who submit separate Adjustment Factors for separate Unit Prices will be
considered non -responsive and their bid will be rejected. Proposer's Adjustment Factor is to be
carried no further than four (4) deasmal places. Any Proposal containing separate Adjustment
Factors for rate line items in the CTC shall be rejected as non -responsive.
Gordeian-3obl Order Comtradft-Core^" -The Proposers Coefficients shall be "net" (e.g. 1,0000) or a
percentage "decrease from" (e.g.0.9500) or °increa
se to" (e.g,. 1.2100) to the unit prices listed in the
RSMeans Construction ProcurementCatalog. Proposers Coefficient factors are to be carried no
further than four (4) decimal places. Any Proposal contaiMng separate coeffident factors for separate
line items in the RSMeans Construction Procurement talog shall be rejected as non -responsive.
PAW 1 OF 6
FORM S
ard
%woor W Cooperative Purchasing
12007 Research Boulevard • Austin, Texas 78759-2439
PH** 80"95m*2919 • FAX: 800-n211-5454* www,,vendor.buyboard.com
4. Texas Reaianal Statewide HOC (Gordian ezIQ0) -The Adjustment Factors shall include all of the
Proposer's direct and indirect costs including, but not limited to,, its costs for overhead,, profit,, bond
premiums,, Insurance,, mobill tion, proposal development,, and all contingencies in connection therewith.
Gordian lob Order Contrasting Core*" -The Coefficients shall include all of Proposer's general and
administrative expenses,, labor burden,, project overhead., home office overhead, computer software,
training costs, salaries, vehicle expenses, profit, bond premiums, mobilization and demobilization,
insurance,, applicable taxes, contingency, and any other omits set forth in the Big Note contained in the RS
Means nsbiaon Procurement Catalog and/or u--.75 - not expressly excluded therein. "Project overh d"
as used herein shall include waste or excess materials, disposal of waste materials, daily and final site
dean -up, fasteners, costs for purchase of equipment and vehicles, and material delivery costs. "Disposal
of waste materials" pertains to waste normally generated during construction. Demolition waste is not to
be included in the coeffident, but rather should be included as needed individual job orders if approved by
the Cooperative member. "Salaries" as used herein shall be deemed to be the higher of the applicable
prevailing wage rate under law or the prevailing wage rates adopted by the Cooperative member procuring
the work. The actual pricing for work performed under any conhact resulting from this Proposal Invitation
41
shall be b3basteon the Unit gates contained in the RSM ns Construction Procurement Catalog, "Total
Induding O&P" first adjusted by the Quarterly Oty Cost Index for nearest local city and then multiplied by
the Proposers Coefficient The Coefficient factors shall be firm for the entire contract inducting any elected
option years.
5. Texas Reg19MIStatewide ]OC (Gordian ezIOCO) —Vendors proposing under the Texas Regional
Statewide JOC (Gordian ezIQC) must complete the form titled "Part One — Texas Regional Statewide Job
Order Contracting (Gordian ezIQC)" to iondude the Proposees Adjustment Factors. The Proposer's
Adjustment Factors can be applied to all work Texas -wide or can be applied to designated Texas regions
according to the regions listed on the Proposal Form,, Any award for the Regional Statewide 30C program
will be limited to the State of Texas only and shall not be subject to piggyback in other states.
Gordian Job Order Contracting CoreTM -Vendors proposing under the Gordian Job Order Contracting
Core must complete the form titled "Part Two - Gordian Job Order Contracting Core (State of Texas)." The
Proposers Coefficients can be applied to all work statewide or can be applied to designated Texas regions
according to the Texas Regional Service Designation form (Form I) Indudedin the Proposal.
If you propose to serve a state or states outside of Texas in the event of any potential piggyback award,
you must complete the form titled "Part Twomm Gordian Job Order Contracting Core (Out of State)"' with
your proposed Coefficient Factors for each state you propose to serve.
6. The Proposer shall set forth all proposed Adjustment Factors and Coefficient Factors in legible figures in
the respective spaces provided in the following form. Failure to submit all factors for all regions or states
which the Vendor proposes to serve will result in the proposal being deemed non -responsive.
PAGE 2 of 6
FORM S
and
12007 Research Boulevard * Austin,, Texas 78759m2439
PH: 80"95-2919* FAXO,, 800-211.wS454* www,,vendor-buyboard. m
tell 11 cc_ 1 1
.,31"ZJTAIA�" gy,
ENTER THE PROPOSEWS AD]USTME FACTOR FOR STANDARD HOURS AND THE PROPOSEWS ADJUSTMENT FACTOR
FOR NON-STANDARD HOURS, EACH IDEMIFIED AS A DECIMAL MULTIPLIER OF THE CONSTRUCTION TASK CATALOG
AS DEFINED
IN THIS PROPOSAL INVITATION NOT TO EXCEED
FOUR DECIMAL PLACES, ON EACH OF THE TWO LINES
PROVIDED BELOW FOR EACH LOCATION.
GORDIAN
GORDIAN
euOC(�
eglo—C-0
Adjustment Factor for
Adjustment Factor for
LOCATION
DESCRIPTION
Standard Hours
Non -Standard Hours
A
Rio Grande Valley
1610
1.12
B
Corpus Chrisu/VLpwiria
IsO3
1*05
C
Ho .n/Beaurnont
1800
1002
D
Waco/l(illeen/College tion/Huntsville
1002
_
1e04
E
Kilgore/Mount Pieasant/Texarkana
1 . 06
1w08
F
Dallas/Fort Worth
1801
1w03
G
Austin/San Marcos/
11901
1e03
New Braunfels
H
Wichita FaQs/Abilene/
1010
1.12
San Angelo
I
Amarillo
1e06
1608
�
Lubbock
1008
1.10
K
Midland/Odessa
1610
1012
L
El Faso
1910
1e12
M
San Antonio
1.01
1*03
PA(z 3 of 6
FORM S
_ :hasfng
12007 Research Boulevard • Austin, Texas 78759-2439
PH: 8OOm695m2919 * FAX: 800w211=5454 • www,vendor,,buyboard,.com
ENTER THE PROPOSER'S COEFFICIENT FOR STANDARD HOURS AND THE PROPOSERS COEFFICIENT
FOR NON-STANDARD HOURS, EACH IDENTIFIED AS A DECIMAL MULTIPLIER OF THE RS MEANS
CONSTRUCTION PROCUREMENT CATALOG AS DEFINED IN THIS PROPOSAL INVITATION NOT TO
1EXCEED FOUR DECIMAL PLACES, ON EACH OF THE TWO LINES PROVIDED BELOW FOR EACH REGION
YOU DESIGNATED FOR SERVICE ON FORM I:
REGION
GORDL4N
JOB ORDER CONTRACTING CORETM
Coeffident Factor for Standard Hours
GORDIM
JOB ORDER CANTRACTING CORETM
Coeffident Factor for Non,*Standard Hours
I -
1
-Region
0099
imol
Region 2
0092
0094
Region 3
0891
0993
Region 4
0089
OM91
Region 5
0089
0691
Region 6
0089
0891
Region 7
0895
0*97
Region 8
0096
0098
Region 9
0699
1001
Region 10
0095
0097
Region li
0690
0092
Region 12
0091
0093
Region 13
0.90
0.92
Region 14
0897
0099
Region 15
0098
1000
Region 16
0695
0097
Region 17
0097
0099
Region 18
0699
1001
Region 19
0899
1001
Regj°r' 20
0990
0092
PAm 4 of 6
FORM S
rd
:hasing
12007 Research Boulevard • Austin, Texas 78759-2439
PH: 800=695.m2919 � FAX: 800,w211=5454,e wwwmendorbuyboard. m
ENTER THE PROPOSEWS COEFFICIENT FOR STANDARD HOURS AND THE PROPOSEWS COEFFICIENT FOR NON-STANDARD
HOURS, EACH IDENTIFIED AS A DECIMAL MULTIPLIER OF THE RS MEANS CONSTRUCTION PROCUREMENT CATALOG AS
DEFINED IN THIS PROPOSAL INVITATION NOT TO D(CEED FOUR DECIMAL PLACES, ON EACH OF THE TWO LINES
PROVIDED BELOW FOR EACH STATE YOU DESIGNATED:
GORDIAN GORDIAN
0B0RDEj&C0NJLRA1_ _NG- CORE'_" 2Q&QRpX=NTRAMNG 9.0,REI"
STATE Coeffldent Factor for Standard Hours Coeffident Factor -for Non -Standard Hours
Alabama N/A WA
Alaska WA WA_
Arizona WA WA
Arkansas WA WA
CaHfomia NIA WA
Colorado
N/A
N/A
Connecticut
N/A
NIA
Delaware
WA
WA
Florida
WA
WA
Georgia
WA
WA
Hawaii
N/A
N/A
Idaho
N/A
WA
Illinois
N/A
WA
Indiana
WA
WA
Iowa
WA
WA
Kansas
wn
WA
Kentu
N/A
NIA
Louisiana
N/A
N/A
Maine
_N/A
WA
Maryland
WA
WA
Massachusetts
N/A
WA
MIchigan
N/A
WA
Minnesota
WA
WA
mississloal
N/A
NIA
Missouri
N/A
N/A
Montana
N/A
N/A
Nebraska
WA
WA
Nevada
WA
WA
New Hampshire
WA
WA
New Jersev
WA
WA
Nely Mexico
WA
WA
New York
WA
WA
North Carolina
WA
WA
North Dakota
NIA
WA
Ohfo
WA
WA
01dahoma
WA
WA
Oregon
N/A
N/A
Pennsylvania
N/A
N/A
Paces S of 6
FORM S
Cooperative PgrChR5180
12007 Research Wulevard* Au n,, Texas 78759=2439
PH: 800-695-2919 FAX* 800-211w5454 • wwwovendorebuyboard, m
Proposer (Company Name): SKE Construction....
BY (Sfgnature):
Name (Rin ,), Shelly A(berhart
sae: President/CEO
PAGE 6 of 6
FORM S
00300 pr.
oposal
c� RDIAN(:R"')
Work Order Signature Document
ezIQC Buy Board Contract No.: 520-16 Area G - SKE
X New Work Order Modify an Existing Work Order
Work Order Number.: 083005.00 Work Order Date: 08/13/2020
Work Order Title: City of Round Rock - Kensington Place A/C Waterline Replacement
Owner Name: City of Round Rock Contractor Name: SKE Construction, LLC
Contact: Jeff Bell Contact: Karl Eberhart
Phone: 5128014461 Phone: 281-585-4100
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of ezIQC
Buy Board Contract No 520-16 Area G - SKE.
Brief Work Order Description:
Kensington Place A/C Waterline Replacement.
Time of Performance Estimated Start Date:
Estimated Completion Date:
Liquidated Damages Will apply: Will not aiDIDIV. mmmmd
Work Order Firm Fixed Price: $1,672,874.73
Owner Purchase Order Number:
Approvals
Owner Date Contractor Date
Work Order Signature Document Page 1 of 1
8/13/2020
A N
;TASK] I W6:1
Detailed Scope of Work
To: Karl Eberhart From: Jeff Bell
SKE Construction City of Round Rock
PO Box 1111 1505 Lance Lane
Cypress, TX 77410 Round Rock, TX 78664
281-585-4100 5128014461
Date Printed: August 13, 2020
Work Order Number: 083005.00
Work Order Title: City of Round Rock - Kensington Place A/C Waterline Replacement
Brief Scope: Kensington Place A/C Waterline Replacement.
Preliminary Revised X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items
set forth below shall be considered part of this scope of work.
1. Traffic control, and trench safety per city specs.
2. Pre -chlorinated pipe bursting of 5,434 LF of existing 8" asbestos -cement waterline replaced with 8" DR- I I
DIPS HDPE waterline, to include some open cut.
3. Pre -chlorinated pipe bursting of 7,949 LF of existing 6" asbestos -cement waterline replaced with 8" DR- I I
DIPS HDPE waterline.
4. 80 LF open cut.
5. Remove and replace 27 new fire hydrants with tapping sleeve, flanged gate valve, and lead pipe.
6. 138 8x 1-1 /2" double service reconnections: 78 Short Side & 60 Long Side
7. 18 8x 1" single service reconnections: 12 Short Side & 6 Long Side
8. 4 8x2" single service reconnections: 4 Short Side
9. Haul off all excess excavated materials.
10. Restore sod, pavement, sidewalk, and curbs as required.
11. Project duration NTE 180 Days.
12. SKE will provide As -Built drawings for work performed.
Subject to the terms and conditions of JOC Contract 520-16 Area G - SKE.
Contractor
Owner
Scope of Work
uate
uate
Page 1 of 1
8/13/2020
Contractor's Price Proposal -Summary
Date: August 13, 2020
Re: IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Contractor.
Proposal Value:
520-16 Area G - SKE
083005.00
City of Round Rock - Kensington Place A/C Waterline Replacement
SKE Construction, LLC
$116721874.73
Clean Out
$263lo49
Cut Off
$2v35118
FH
$90,81411
GV
$91j224s85
Haul Off
$18900614
Mobilization
$19y865s88
Open Cut
$31912
PB
$8739547o7l
Restoration
$109,298ml 3
Service
$1399777o85
Site Work
$133983935
SWPPP
$2147336
TCP
$1760914
WC
$171911102
Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals,
sub -totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal: 21.88%
Contractor's Price Proposal - Summary
a196729874.73
Page 1 of 1
8/13/2020
Contractor's Price Proposal -Detail
Date: August 13, 2020
Re: lQC, Master Contract #:
520-16 Area G - SKE
Work Order #:
083005.00
Owner PO #:
Title:
City of Round Rock - Kensington Place A/C Waterline Replacement
Contractor.
SKE Construction, LLC
Proposal Value:
$116721874.73
Sect. Item---- Mod.
UOM Description
Line Total
Labor Equip. Material (Excludes)
Clean Out
1 33 11 13 23 0011
LF 6" Class 200, SDR 21 Polyvinyl Chloride (PVC) Pressure Pipe
$900.86
Quantity Unit Price
Factor
Total
Installation 100.00 X a 6 X
a 40 -
900.86
2 33 31 00 00 0105
EA 6" Clean Out Tees With Plug, Polyvinyl Chloride (PVC) Sewer And Drain
$11730.63
Quantity Unit Price
Factor
Total
Installation 10.00 X 156.76 X
1.1040 -
11730.63
Subtotal for Clean Out
$2963lo49
Cut Off
3 23 OS 23 00 0016
EA 3/4" 200 PSI, Non. Rising Stem, Crimped Bronze Gate Valve
$21353.18
Quantity Unit Price
Factor
Total
Installation 30.00 X 71.05 x
1.1040 -
21353.18
Resident Cut -Off Valve
Subtotal for Cut Off
$2,35118
FH
4 33 11 13 13 0005
LF 6" Mechanical Joint Ductile Iron Pipe
$41161.99
Quantity Unit Price
Factor
Total
Installation �32.00 X 28.56 X
1.1040 -
41161.99
F H Lead
5 33 11 13 13 0487
EA 6" Mechanical Joint Ductile Iron Long Sleeves
$11153.40
Quantity Unit Price
Factor
Total
Installation 3.00 x 348.25 x
1.1040 -
11153.40
6 33 11 13 13 0503
EA 6" Mechanical Joint Gland, Gasket, T-Head Bolts And NutsIncludes six (6) 3/4"
$791.40
diameter plain finish Boltss with nut.
Quantity Unit Price
Factor
Total
Installation 27.00 x 26.55 X
1.1040
791.40
FH Connections
7 33 11 13 53 0137
EA 6" Diameter x 6" Epoxy Coated Carbon Steel Flange, Stainless Steel Tapping
$31063.83
Sleeve (Smith -Blair 662)
Quantity Unit Price
Factor
Total
Installation 3.00 X 925.07 X
1.1040 -
31063.83
8 33 11 13 53 0139
EA 8" Diameter x 6" Epoxy Coated Carbon Steel Flange, Stainless Steel Tapping
$261755.99
Sleeve (Smith -Blair 662)
Quantity Unit Price
Factor
Total
Installation 25.00 x 9.42 x
1.1040 -
261755.99
9 33 12 13 23 0013
EA 2" Inlet x 2-1/2" Outlet Steel Flushing Hydrant, 3' Bury Depth
$460.78
Quantity Unit Price
Factor
Total
Installation 1.00 X 417.37 X
1.1040 -
460.78
Contractor's Price Proposal - Detail
Page 1 of 7
8/13/2020
Contractor's Price Proposal - Detail Continues..
Work Order Number: 083005.00
Work Order Title:
City of Round Rock - Kensington Place A/C Waterline Replacement
FH
10 33 12 19
00 0047
EA 5' Burial Section, 5-1/4" Valve, Two Way, Standard Type (Traditional) Fire
$54,427.32
Hydrant
Quantity Unit Price Factor
Total
Installation 27.00 x 1,825.93 x 1.1040 -
54,427.32
Subtotal for FH
$905814.71
GV
11 33 12 16
00 0040
EA Valve Box Upper And Lower Section
$7,958.80
Quantity Unit Price Factor
Total
Installation 106.00 x 68.01 x 1.1040
7 958.80
12 33 12 16
00 0041
EA Valve Box Cover "Water"
$1, 273.22
Quantity Unit Price Factor
Total
Installation 106.00 x 10.88 x 1.1040
1,273.22
13 33 12 16
00 0307
EA 6" Resilient Wedge Gate Valve, Mechanical Joint
$791.35
Quantity Unit Price Factor
Total
Installation 1.00 x 716.80 x 1.1040
791.35
14 33 12 16
00 0308
EA 8" Resilient Wedge Gate Valve, Mechanical Joint
$80,180.32
Quantity Unit Price Factor
Total
Installation 70.00 x 1,037.53 x 1.1040 =
80,180.32
15 33 12 16
00 0364
EA 6" Resilient Wedge Tapping Gate Valve, Mechanical Joint X Flanged Joint
$1,021.16
Quantity Unit Price Factor
Total
Installation 1.00 x 924.96 x 1.1040 =
1,021.16
Subtotal for GV
$91,224.85
Haul Off
16 01 74 19
00 0031
CY Excavated Dirt Landfill Dump Fee
$1,951.87
Quantity Unit Price Factor
Total
Installation 200.00 x 8.84 x 1.1040
1,951.87
17 01 74 19
00 0032
CY Asphalt, Concrete, Gravel And Subgrade Material, Landfill Dump Fee
$4,131.17
Quantity Unit Price Factor
Total
Installation 200.00 x 18.71 x 1.1040 -
4131.17
18 01 74 19
00 0035
CYM Hauling On Paved Roads, First 15 Miles
$11,923.20
Quantity Unit Price Factor
Total
Installation 20,000.00 x 0.54 x 1.1040 -
11,923.20
Subtotal for Haul Off
$18,006.24
Mobilization
19 01 71 13
00 0002
EA Equipment Delivery, Pickup, Mobilization And Demobilization Using A Rollback
$2,980.80
Flatbed Trucklncludes delivery of equipment, off loading on site, rigging,
dismantling, loading and transporting away. For equipment such as trenchers,
skid -steer loaders (bobcats), industrial warehouse forklifts, sweepers,
scissor platform lifts, telescoping and articulating boom manlifts with up to 40'
boom lengths, etc.
Quantity Unit Price Factor
Total
Installation 18.00 x 150.00 x 1.1040
2,980.80
20 33 01 30
71 0011
EA Initial Set-up Pipe Bursting Equipment
$3,295.55
Quantity Unit Price Factor
Total
Installation 1.00 x 2,985.10 x 1.1040 =
3,295.55
Contractor's Price Proposal - Detail
Page 2 of 7
8/13/2020
Contractor's Price Proposal - Detail Continues..
Work Order Number: 083005.00
Work Order Title: City of Round Rock - Kensington Place A/C Waterline Replacement
Mobilization
21 33 13 00
00 0002
EA Setting Up And Removing Equipment For Water Main Disinfection/Sterilization,
$13,589.53
Gas Chlorination Method
Quantity Unit Price
Factor
Total
Installation 34.00 x 362.04 x
1.1040 -
13,589.53
Subtotal for Mobilization
$19,865.88
Open Cut
22 31 23 16
13 0004
CY 12" Wide or Less, Excavation for Trenching by Machine in Loose Rock
$189.89
Quantity Unit Price
Factor
Total
Installation 20.00 x 8.60 x
1.1040
189.89
23 31 23 16
13 0010
CY Backfilling or Placing Subbase for Trenches with Imported or Stockpiled
$81.25
Materials by Machine
Quantity Unit Price
Factor
Total
Installation 40.00 x 1.84 x
1.1040
81.25
24 31 23 16
13 0045
LF Backfill 6" Wide, 36" Deep Trench, With Compaction
$48.58
Quantity Unit Price
Factor
Total
Installation 100.00 x 0.44 x
1.1040
48.58
Subtotal for Open Cut
$319.72
PB
25 01 22 20
00 0015
HR LaborerFor tasks not included in the Construction Task Catalog® and as
$16,351.90
directed by owner only.
Quantity Unit Price
Factor
Total
Installation 550.00 x 26.93 x
1.1040 =
16,351.90
26 01 22 20
00 0015 0004
For Foreman, Add
$238.46
Quantity Unit Price
Factor
Total
Installation 160.00 x 1.35 x
1.1040
238.46
27 33 01 30
71 0012
EA Re -Set Up/Move Pipe Bursting Equipment
$57,672.13
Quantity Unit Price
Factor
Total
Installation 35.00 x 1,492.55 x
1.1040 =
57,672.13
28 33 01 30
71 0029
LF 8" Diameter, Static Head Pipe Bursting
$272,595.65
Quantity Unit Price
Factor
Total
Installation 13,383.00 x 18.45 x
1.1040 =
272,595.65
29 33 11 13
23 0000
LF Hercules 8000 GrundoBurst Machine
$214,128.00
Quantity Unit Price
Factor
Total
Installation 13,383.00 x 16.00 x
1.0000 =
214,128.00
30 33 11 13
23 0431
LF 8" DR 21, Butt Fusion Joint High Density Polyethylene (HDPE) Pressure Pipe
$225,463.94
Quantity Unit Price
Factor
Total
Installation 13,383.00 x 15.26 x
1.1040
225,463.94
31 33 11 13
23 1431
LF MOD for 8" DR11 (200 PSI)
$83,108.43
Quantity Unit Price
Factor
Total
Installation 13,383.00 x 6.21 x
1.0000 =
83,108.43
32 33 13 00
00 0006
LF 8" Diameter Pipe Water Main Disinfection/Sterilization
$3,989.20
Quantity Unit Price
Factor
Total
Installation 13,383.00 x 0.27 x
1.1040
3,989.20
Subtotal for PB
$873,547.71
Restoration
Contractor's Price Proposal - Detail
Page 3 of 7
8/13/2020
Contractor's Price Proposal - Detail Continues..
Work Order Number: 083005.00
Work Order Title:
City of Round Rock - Kensington Place A/C Waterline Replacement
Restoration
33 31 05
13
00 0003
CY 3/8" Minus, ASTM C33, Screened/Washed Bedding Sand
$9,963.60
Quantity Unit Price
Factor
Total
Installation 250.00 x 36.10 x
1.1040
9 963.60
34 31 05
16
00 0004
CY #4 Stone Aggregate Fill (3/4" To 1-1/2" Clean)
$6,680.17
Quantity Unit Price
Factor
Total
Installation 144.00 x 42.02 x
1.1040 =
6,680.17
Service & Excavation Bedding
35 31 32
13
19 0003
TON Cement Stabilized Base Material
$7,805.28
Quantity Unit Price
Factor
Total
Installation 100.00 x 70.70 x
1.1040 =
7,805.28
Under Pavement
36 32 12
16
13 0016
SY 2" Thick Surface Courselncludes placement, rolling, finishing and sweeping.
$11,227.68
Quantity Unit Price
Factor
Total
Installation 1,000.00 x 10.17 x
1.1040 `
11,227.68
HMAC
37 32 16
13
13 0020
LF 6" x 24" Concrete Gutter With 6" Curb And Face - Straight
$4,073.76
Quantity Unit Price
Factor
Total
Installation 200.00 x 18.45 x
1.1040 =
4,073.76
38 32 16
23
00 0004
SF 6" Cast In Place Concrete Sidewalk
$58,180.80
Quantity Unit Price
Factor
Total
Installation 10,000.00 x 5.27 x
1.1040 =
58,180.80
39 32 92
23
00 0065
MSF Up To 1,000 SF, St. Augustine Sod, Installed On Level Ground
$11,366.84
Quantity Unit Price
Factor
Total
Installation 17.00 x 605.65 x
1.1040 `
11,366.84
Subtotal for Restoration
$1095298.13
Service
40 33 11
13
23 1006
LF 1X100 CTS SDR9 HDPE PIPE 250#
$719.20
Quantity Unit Price
Factor
Total
NPP
Installation 620.00 x 1.16 x
1.0000
719.20
41 33 11
13
23 1007
LF 1-1/2X100 CTS SDR9 HDPE PIPE 250#
$8,008.80 }
NPP
Quantity Unit Price
Installation
Factor
-
Total
5,640.00 x x
1.42
1.0000r
8,008.80
42 33 11
13
23 1008
LF 2X100 CTS SDR9 HDPE PIPE 250#
$389.55
Quantity Unit Price
Factor
Total
NPP,
Installation
147.00 x 2.65 x
=
1.0000
389.55
43 33 11
13
39 1054
EA LF 1-1/2X3/4 U48-63-G-NL U-BRANCH PC
$12,094.32
Quantity Unit Price
Factor
Total
Installation
138.00 x 87.64 x
=
1.0000
12,094.32
U-Branch
44 33 11
13
53 0032
EA 8" Diameter x 5/8" To 1" Tap Double Bale Epoxy Coated Ductile Iron Body
$2,529.68
Service Saddle (Smith -Blair 313)
Quantity Unit Price
Factor
Total
Installation 14.00 x 163.67 x
1.1040
2,529.68
45 33 11
13
53 0033
EA 8" Diameter x 1-1/4" To 1-1/2" Tap Double Bale Epoxy Coated Ductile Iron Body
$3,894.61
Service Saddle (Smith -Blair 313)
Quantity Unit Price
Factor
Total
Installation 19.00 x 185.67 x
1.1040
3,894.61
Contractor's Price Proposal - Detail
Page 4 of 7
8/13/2020
Contractor's Price Proposal - Detail Continues..
Work Order Number: 083005.00
Work Order Title:
City of Round Rock - Kensington Place A/C Waterline Replacement
Service
46 33 11
13
53 0082
EA 8" Diameter x 1-1/4" To 2" Tap Stainless Steel Double Straps, Bronze Body
$45,061.03
Service Saddle (Mueller BR2S)
Quantity Unit Price
Factor
Total
Installation 155.00 x 263.33 x
1.1040 -
45 061.03
47 33 12
16
00 0036
EA 12" Wide x 16" Long x 16" Deep Plastic Meter Box And Cover
$2,903.30
Quantity Unit Price
Factor
Total
Installation 18.00 x 146.10 x
1.1040
2,903.30
Single Meter Boxes
48 33 12
16
00 0125
EA 3/4" Threaded, Class 150, Bronze Angle Valve
$8,916.04
Quantity Unit Price
Factor
Total
Installation 156.00 x 51.77 x
1.1040 -
8,916.04
49 33 12
16
00 0246
EA 1" Ball Corporation Valve
$1,325.66
Quantity Unit Price
Factor
Total
Installation 18.00 x 66.71 x
1.1040
1,325.66
50 33 12
16
00 0247
EA 1-1/2" Ball Corporation Valve
$19,485.82
Quantity Unit Price
Factor
Total
Installation 138.00 x 127.90 x
1.1040 -
19,485.82
51 33 12
16
00 0248
EA 2" Ball Corporation Valve
$902.72
Quantity Unit Price
Factor
Total
Installation 4.00 x 204.42 x
1.1040
902.72
52 33 12
16
00 0260
EA 2 Ball Curb Valve
$1,288.24
Quantity Unit Price
Factor
Total
Installation 4.00 x 291.72 x
1.1040
1,288.24
53 33 12
16
00 1036
EA 17X15 MTR BX W/ LCK LID Double Meter Box
$32,258.88
Quantity Unit Price
Factor
Total
Installation 138.00 233x .76 x
-
1.0000 -
32,258.88
Double Meter Boxes
Subtotal for Service
$1399777.85
Site Work
54 01 22
20
00 0036
HR Truck Driver, LightFor tasks not included in the Construction Task Catalog®
$14,837.76
and as directed by owner only.
Quantity Unit Price
Factor
Total
Installation 300.00 x 44.80 x
1.1040 -
14,837.76
55 01 22
23
00 0385
WK 11,000 LB Mini -Excavator With Full -Time Operator (Bobcat 337)
$67,830.09
Quantity Unit Price
Factor
Total
Installation 18.00 x 3,413.35 x
1.1040 -
67,830.09
Excavation
56 01 22
23
00 0391
DAY 1 CY, 24" Bucket, 14'-4" Deep, 75 HP, Loader-Backhoe With Full -Time
$8,699.52
Operator
Quantity Unit Price
Factor
Total
Installation 10.00 x 788.00 x
1.1040
8,699.52
57 02 41
19
13 0058
LF Saw Cut In Streets, Concrete And Asphalt Up To 4" Depth
$3,788.93
Quantity Unit Price
Factor
Total
Installation 2,600.00 x 1.32 x
1.1040
3,788.93
Open Cut & Side Walk
Contractor's Price Proposal
- Detail
Page 5 of 7
8/13/2020
Contractor's Price Proposal - Detail Continues..
Work Order Number: 083005.00
Work Order Title:
City of Round Rock - Kensington Place A/C Waterline Replacement
Site Work
58 02 41 19 13 0058
0030 For Each Additional Pass (Depth To 3"), Add
$5,188.80
Quantity Unit Price
Factor
Total
Installation 10,000.00 x 0.47 x
1.1040
5188.80
59 03 31 13 00 0035
CY Up To 6", By Direct Chute, Place 3,000 PSI Concrete Slab On Grade
$8,578.74
Quantity Unit Price
Factor
Total
Installation 60.00 x 129.51 x
1.1040 =
8,578.74
Thrust Blocking
60 11 68 13 00 1689
EA ADA Wide Ramp 16808
$23,438.14
Quantity Unit Price
Factor
Total
Installation 5.00 x 4,246.04 x
1.1040 =
23,438.14
61 32 16 13 16 0009
EA Sidewalk/Curb Steel Facing, Pedestrian Ramps, Two Drops Per Section
$1,477.37
Quantity Unit Price
Factor
Total
Installation 10.00 x 133.82 x
1.1040 =
1,477.37
Subtotal for Site Work
$1339839.35
SWPPP
62 31 25 14 26 0003
LF 2' High Silt Fence with Stakes at 4' On Center
$1,302.72
Quantity Unit Price
Factor
Total
Installation 1,000.00 x 1.18 x
1.1040 =
1,302.72
63 31 25 14 26 0028
EA Wattles (Sterile Straw Filled Rolls), 12" x 20'
$1,170,64
Quantity Unit Price
Factor
Total
Installation 14.00 x 75.74 x
1.1040 =
1,170.64
Subtotal for SWPPP
$29473.36
TCP
64 01 11 11 15 1000
LS Traffic Control Plan Engineer Signed & Sealed
$3,312.00
Quantity Unit Price
Factor
Total
NFP Installation 1.00 x 3,000.00 x
1.1040 -
3,312.00
65 01 22 20 00 0053
HR Flagperson For Traffic Control
$14,297.24
Quantity Unit Price
Factor
Total
Installation 480.00 x 26.98 x
1.1040 -
14,297.24
Subtotal for TCP
$179609.24
WC
66 33 11 13 13 0020
EA 6" Mechanical Joint Ductile Iron 90 Degree Elbow
$322.15
Quantity Unit Price
Factor
Total
Installation 1.00 x 291.80 x
1.1040
322.15
67 33 11 13 13 0021
EA 8" Mechanical Joint Ductile Iron 90 Degree Elbow
$1,823.01
Quantity Unit Price
Factor
Total
Installation 4.00 x 412.82 x
1.1040
1,823.01
68 33 11 13 13 0035
EA 6" Mechanical Joint Ductile Iron 45 Degree Elbow
$1,080.15
Quantity Unit Price
Factor
Total
Installation 4.00 x 244.60 x
1.1040
1,080.15
69 33 11 13 13 0036
EA 8" Mechanical Joint Ductile Iron 45 Degree Elbow
$3,047.92
Quantity Unit Price
Factor
Total
Installation 8.00 x 345.10 x
1.1040 =
3,047.92
Offsets
Contractor's Price Proposal - Detail
Page 6 of 7
8/13/2020
Contractor's Price Proposal - Detail Continues..
Work Order Number: 083005.00
Work Order Title:
City of Round Rock - Kensington Place A/C Waterline Replacement
WC
70 33 11 13 13 0109
EA 8" x 6" Mechanical Joint Ductile Iron Tee
$1,723.30
Quantity Unit Price
Factor
Total
Installation 3.00 x 520.32 x
1.1040 =
1,723.30
71 33 11 13 13 0110
EA 8" x 8" Mechanical Joint Ductile Iron Tee
$8,176.67
Quantity Unit Price
Factor
Total
Installation 12.00 x 617.20 x
1.1040 =
8,176.67
72 33 11 13 13 0300
EA 8" x 6" Mechanical Joint Ductile Iron Cross
$2,123.72
Quantity Unit Price
Factor
Total
Installation 3.00 x 641.22 x
1.1040 =
2,123.72
73 33 11 13 13 0301
EA 8" x 8" Mechanical Joint Ductile Iron Cross
$1,494.31
Quantity Unit Price
Factor
Total
Installation 2.00 x 676.77 x
1.1040 =
1,494.31
74 33 11 13 13 0443
EA 8" Mechanical Joint Ductile Iron Caps
$1,716.15
Quantity Unit Price
Factor
Total
Installation 6.00 x 259.08 x
1.1040 =
1,716.15
75 33 11 13 13 0488
EA 8" Mechanical Joint Ductile Iron Long Sleeves
$19,694.81
Quantity Unit Price
Factor
Total
Installation 35.00 x 509.70 x
1.1040 =
19,694.81
76 33 11 13 13 0504
EA 8" Mechanical Joint Gland, Gasket, T-Head Bolts And Nutslncludes six (6) 3/4"
$9,619.81
diameter plain finish Boltss with nut.
Quantity Unit Price
Factor
Total
Installation 280.00 x 31.12 x
1.1040 =
9,619.81
77 33 11 13 13 0544
EA 6" Mechanical Joint Restraints For Ductile Iron Pipe (Megalug 1100)
$7,433.82
Quantity Unit Price
Factor
Total
Installation 27.00 x 249.39 x
1.1040
7,433.82
78 33 11 13 13 0545
EA 8" Mechanical Joint Restraints For Ductile Iron Pipe (Megalug 1100)
$100,902.95
Quantity Unit Price
Factor
Total
Installation 280.00 x 326.42 x
1.1040 -
100,902.95
79 33 11 13 13 1036
EA 8 HYMAX LONG BODY COUP 8.54-9.84
$11,954.25
Quantity Unit Price
Factor
Total
Installation 25.00 x 478.17 x
1.0000 -
11,954.25
Subtotal for WC
$1711113.02
Proposal Total
$19672,874.73
This total represents the correct total for the proposal. Any discrepancy between line totals,
sub -totals and the proposal total is due to rounding.
The Percentage of NPP
on this Proposal: 21.88%
Contractor's Price Proposal - Detail Page 7 of 7
8/13/2020
Subcontractor Listing
Date: August 13, 2020
Re: IQC Master Contract #:
520-16 Area G - SKE
Work Order #:
083005.00
Owner PO #:
Title:
City of Round Rock - Kensington Place A/C Waterline Replacement
Contractor:
SKE Construction, LLC
Proposal Value:
$1,672,874.73
Name of Contractor
Duties
Amount
%
No Subcontractors have been
selected for this Work Order
$0.00
0.00
Subcontractor Listing Page 1 of 1
8/13/2020
00.500 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
0. :w UAIPP
AGREEMENT made as of theS 0ll)ua of F in the year 2—�0aa..4
BETWEEN the Owner: City of Round Rock, Texas (hereafter "Owner" or "City")
221 East Main Street
Round Rock, Texas 78664
and the Contractor _SKE Construction, LLC ("Contractor")
P.O. BOX 1111
Cypress, Texas 77410
The Project is described as: Kensington Place Asbestos -Cement Waterline Replacement
The Engineer is: David Freireich, P.E.
City of Round Rock
3400 Sunrise Road
Round Rock, Texas 78665
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 4-2020
00443647
KWP Zv2o-a210!57
Page 1 of 5
Standard Form of Agreement
ARTICLE 3 DATE OF COMMENCEMENT,* DATE OF SUBSTANTIAL COMPLETION; DATE OF
FINAL COMPLETION
3el 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.
0
393 Contractor shall commence Work within
from the date delineated in the Notice to Proceed.
ten
(10 ) calendar days
394 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this
Agreement no later than NA ( NA _) 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 fifty (150 ) calendar days from issuance by Owner of Notice to Proceed, subject to
adjustments of this Contract Time as provided in the Contract Documents.
395 If Contractor fails to achieve Substantial Completion of the Work (or any portion thereof'") on or be'' ore the
dates),` specified for Substantial Completion in the Agreement, Contractor shall pay to Owner, as liquidated damages,
the sum of Qne--hu-ndred dollars and No/ 100
Dollars ($100.00 ) for each calendar day that Substantial Completion is delayed after the date(s)
specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled
hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to
achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for Substantial
Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure,
which includes loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of
moving and occupancy dates, is one that is incapable or very difficult of accurate estimation. It is hereby agreed that
if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the
date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect
liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law
and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial
Completion of the Work (or any portion thereof) in the Agreement shall be subject to adjustment as provided in the
Contract Documents.
3.6 Contractor shall achieve Final Completion of the entire Work no later than one hundred eighty
( 180 )calendar days from issuance by Owner of Notice to Proceed.
ARTICLE 4 CONTRACT SUM
4el Owner shall pay Contractor the Contract Sum in current funds for Contractor's full and complete performance
of the Work and all of Contractor's obligations under this Agreement. The Contract Sum shall be
One million six hundred seventy two thousand eight hundred seventy four dollars and seventy three cents
($.W7_?PR74 7 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 I. Ifyes, please provide details below:
N A
N A
00500 4-2020 Page 2 of 5 Standard Form of Agreement
00443647
ARTICLE 5 PAYMENTS
591 PROGRESS PAYMENTS
5elel 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 General Conditions, and
elsewhere in the Contract Documents.
591.2 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 (loth) day of a month, Owner shall make payment to Contractor of
amounts approved by the Owner 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. The Owner shall not have any obligation to pay
any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner.
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 Appiclations 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 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 and approved by the Owner.
5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of
Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty (30)
days after all Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment
shall be treated as non -conforming Work and shall be corrected by Contractor prior to final payment, and shall not be
treated as warranty items.
ARTICLE 6 TERMINATION OR SUSPENSION
6el The Contract may be terminated by Owner or Contractor as provided in Article 15 of the General Conditions.
00500 4-2020 Page 3 of 5 Standard Form of Agreement
00443647
6*2 The Work may be suspended by Owner as provided in Article 15 of the 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 August 2020 0
7.1.4 The Specifications are those contained in the Project Manual dated August 2020
7.1.5 The Drawings, if any, are those contained in the Project Manual dated August 2020 .
7.1.6 The Insurance & Construction Bond Forms of the Contract are those contained in the Project Manual dated
August 2020
7.1.7 The Notice to Bidders, Instructions to Bidders, Bid Form, and Addenda, if any, are those contained in the
Project Manual dated Aug - ___
ust 2020 0
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
8el 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.
892 Owner's representative is: Jeff Bell. Senior Project Manager and
Juan Martinez, Engineer Associate
C*W�f Round Rock
3400 Sunrise Road, Round Rock, Texas 78665
8.3 Contractor's representative is: Brooke Kostak
SKE Construction, LLC
P.O. BOX I I I I
Cv ress; Texas 77410
894 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the
other party.
00500 4-2020 Page 4 of 5 Standard Form of Agreement
00443647
8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach.
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 two (2)
original copies, of which one is to be delivered to Owner.
OWNER CONTRACTOR
CITY OFAOUNIIIvOCKlTEXAS
Printed Nan%:
Title Y
Date Signed: • 0�07--
ATTEST:
%fi& & 4*,±�
City Clerk
AFORY,LAPPROVED AS TO FORM:
City Attorn
00500 4-2020
00443647
Date Signed. 10 1 q )4-020
15N'`""''� JANET RUIZ
*� �ptY P� �ii
� �':��� Notary Public, State of Texas
op
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Notary ID 132446539
Page 5 of 5 Standard Form of Agreement
00600 INSURANCE AND
CONSTRUCTION BOND FORMS
BONDS AND INSURANCE INSTRUCTIONS
Instruction Sheet
1. Insurance Company must be licensed by State of Texas.
2. Agent signing bonds must be licensed in Texas.
3. Agent signing bonds must have Power of Attorney on behalf of insurance
company.
4. If Agent signing bonds has Power of Attorney, but not licensed in Texas, then the
bond must be counter -signed by Texas local recording agent.
ALL THE ABOVE INFORMATION CAN BE FOUND AT
Texas Department of Insurance website—www.tdi.state.tx.us
5. Make sure the dollar amount on both Performance and Payment Bonds match the
amount of the Agreement & Bid Form Sheet.
6. Both Performance and Payment Bonds should be signed by Authorized Person. If
the contractor is a corporation, then it should be signed by the President or the
Vice -President. If the contractor is not incorporated, then it may be signed by the
Owner. Please state the title of the authorized person.
CERTIFICATE OF LIABILITY INSURANCE
Instruction Sheet
1. CERTIFICATE OF LIABILITY INSURANCE FORM
The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard
ACORD form.
2. PRODUCER and INSURED - Please list name, address, phone number and e-mail.
3. COMPANIES AFFORDING COVERAGE — TDI number required. The TDI number can be
obtained from the Texas Dept of Insurance Website: http://www.tdi.state.tx.us/. — Company Lookup.
Note: Exception to this rule. In certain instances where there is unusual risks involved, Surplus Lines Insurance
Carriers can be used. Below are the guidelines:
a. Insurance Company does not have to be "licensed in Texas
they do have to be "elizible for a Texas license."
Please verify with the Texas Dept of Insurance
Website: http://www.tdi.state.tx.us/. — Company Lookup
b. Policy has to be written by licensed surplus lines Agent.
Also verify with the Texas Dept of Insurance
Website: http://www.tdi.state.tx.us/ - Agent Lookup
4. TYPES OF INSURANCE COVERAGE —
CONSTRUCTION CONTRACT: Please double check the General Conditions and the
Supplemental General Conditions for the types and amounts of insurance required. The
Supplemental General Conditions usually state the following:
a. Business Automobile Liability Insurance
b. Workers' Compensation and Employers' Liability Insurance
C. Commercial General Liability Insurance
d. Builders' Risk Insurance — (Generally required for all "vertical" construction. Check with
Project Manager for requirements.)
FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE
SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering
Service Contracts usually require "professional liability insurance".)
5. EFFECTIVE DATE & EXPIRATION DATE
Please make sure dates are current.
6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except
Workers Compensation and Builders Risk).
7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of
any changes, cancellation ,etc. at least thirty (30) days prior to date of change.
8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be
found on the Texas Department of Insurance website —www.tdi.state.tx.us — Agent Lookup.
Bond No. NTX 7473
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That SKE Construction, LLC , of the City of Cypress
County of Harris , and State of Texas , as Principal, and
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 One million six hundred seventy two thousand eight hundred seventy four dollars and seventy three cents
Dollars ($ 1,672,874.73 ) 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
G day of `IUDVP,M�f2- , 2Q.2O to which the Agreement is hereby referred to
and mace a pan nereof as fully and to the same extent as if copied at length herein consisting of
Kensington Place Asbestos -Cement Waterline Replacement
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said
Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully
observe and perform all and singular the covenants, conditions and agreements in and by said
Agreement, agreed and covenanted by the Principal to be observed and performed, including but
not limited to, the repair of any and all defects in said work occasioned by and resulting from
defects in materials furnished by or workmanship of, the Principal in performing the Work covered
by said Agreement and occurring within a period of twelve (12) months from the date of Final
Completion and all other covenants and conditions, according to the true intent and meaning of
said Agreement and the Plans and Specifications hereto annexed, then this obligation shall be void;
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253,
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at
length herein.
Page 1
00610 4-2020 Performance Bond
00443639
PERFORMANCE 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 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.
If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of
Principal's default, shall perform all of Principal's duties and obligations under the Agreement. If,
within ten (10) days after receipt of such notice from Owner, Surety does not commence to
complete the obligations of Principal with a contractor acceptable to Owner and diligently
complete the performance of the Principal's duties and obligations, Owner shall have the right but
not the obligation to have the duties and obligations of Principal performed. In such event, Surety
shall pay to Owner, upon demand, all costs, expenses and damages sustained by Owner as a result
of Principal's failure to perform its duties and obligations under the Agreement up to the
Penal sum of this Performance Bond, plus all costs and expenses, including
attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this
Performance Bond.
IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument
this ���(�,k�Cl � q�� day of �' 12020.
SKE Construction, LLC Merchants National Bonding, Inc.
Principal
Shelly Eberhart
Print d ame
By:
Title: Preside t/ EO
Address: -PA,06ox 1111
Cypress, TX 77410
Resident Agent of Surety:
Signature
Higginbotham Denise Raker
Printed Name
11700 Katy Freeway Suite 1100,
Street Address
Houston, TX 77079
City, State & Zip Code
Surety
Sandra Villegas
Printed me
By:
Title: Attorney -in -Fact
Address: PO Box 14498
Des Moines, IA 5G-G6
Page 2
00610 4-2020 Performance Bond
00443639
MERCHANTS
BONDING COMPANYw
POWEROFATTORN Y
KnowAll Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein collectively called the "Companies') do hereby make, constitute and appoint, individually,
Chris Kolkhorst; Denise Raker; Henry D Childers; James R Reid; Michael Maddux; Ryan K Moss; Sandra Villegas; Stacie Clark
their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut horny hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument toW be signed and sealed this 2nd day of September , 2020
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STATE OF IOWA
COUNTY OF DALLAS ss.
On this 2nd day of September 2020 ,before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
s POLLY MASON
z e o e rft Commission Number 750576
My. Commission Expires
January 07, 2023
(Expiration of notary's commission
does not invalidate this instrument)
Notary Public
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have h@mu'rito yet my'hand and affixed the seal of the Companies on this
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MERCHANTS
BONDING COMPANY,
MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, 1owA 50306-3498
PHONE: (800) 678-8171 FAX: (515) 243-3854
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact your insurance agent at the telephone number provided by your insurance agent.
You may' call Merchants Bonding Company (Mutual) toll -free telephone number for information or to make a
complaint at:
1-800-678-8171
You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or
complaints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P. O. Box 149104 -'
Austin, TX 78714-9104
Fax: (512) 490-1 007
Web: www.tdi.texas.gov
E-mail: ConsumerProtection@tdi.texas.gov
PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim
you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part
or condition of the attached document.
SUP 0032 TX (2/15)
Bond No. NTX 7473
PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That SKE Construction, LLC , of the City of Cypress
County of Harris , and State of Texas , as Principal, and
Merchants National Bonding, Inc. 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), 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
One million six hundred seventy two thousand eight hundred seventy four dollars and seventy three cents
Dollars ($ 1,672,874.73 ) for the payment whereof, well and truly be made the said
Principal and Surety bind themselves and their heirs, administrators, executors, successors, and
assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated the
day of i�U�i�'✓iR��, 202.Oto which Agreement is hereby referred to
and made a part hereof as fully and to the same extent as if copied at length herein consisting of:
Kensington Place Asbestos -Cement Waterline Replacement
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers,
all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and
materials done and furnished for the construction of the improvements of said Agreement, then
this obligation shall be and become null and void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253,
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at
length herein.
Page 1
00620 04-2020 Payment Bond
00437699
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 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 contract, or to the work to be performed thereunder.
IN WITNESS WHERE the said Principal and Surety have signed and sealed this Instrument
this (qirl)' day of C)C-,�cCAXY- , 2020
SKE Construction, LLC
Principal
Shelly Eberhart
Print ame
By.
Title: PresiUnt/ O
"*
Address: p0 ox 1111
Cypress, TX 77410
Resident Agent of Surety:
Signature
Higginbotham Denise Raker
Printed Name
11700 Katy Freeway Suite 1100,
Street Address
Houston, TX 77079 713-439-5223
City, State & Zip Code
Merchants National Bonding, Inc.
Surety
Sandra Villegas
Printed me
By:
Title: Attorney -in -Fact
Address:
PO Box 14498
Des Moines, IA 5030
Page 2
00620 1-2020 Payment Bond
00090656
MERCHANTS
_ BONDING COMPANY,
POWER OF ATTORNEY
KnowAll Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Chris Kolkhorst; Denise Raker; Henry D Childers; James R Reid; Michael Maddux; Ryan K Moss; Sandra Villegas; Stacie Clark
their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut horny hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of September , 2020
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MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANT NATIONAL BONDING, INC.
•.�OPOg9�;9
2003
.s0 MEMOZ -o- 03:
1933 : Q�*
By
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•`1a�:
President
STATE OF IOWA
COUNTY OF DALLAS ss.
On this 2nd day of September 2020 ,before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
POLLY MASON
o � Commission Number 750576
Z Nly Commission Expires
January 07, 2023
(Expiration of notary's commission
does not invalidate this instrument)
Gr�
Notary Public
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto-setm,y hand and affixed the seal of the Companies on this40
1933 • e
410*
POA 0018 (1/20)
day of
Secretary
2020
MERCHANTS
BONDING COMPANY
MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498
PHONE: (800) 678-8171 FAX: (515) 243-3854
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact your insurance agent at the telephone number provided by your insurance agent.
You may call Merchants Bonding Company (Mutual) toll -free telephone number for information or to make a
complaint at:
1-800-678-8171
You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or
complaints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 490-1 007
Web: www.tdi.texas.clov
E-mail: ConsumerProtection@tdi.texas.gov
PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim
you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part
or condition of the attached document.
SUP 0032 TX (2/15)
ACC:>R 1:>� CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
17 10/2/2020
-
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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Higginbotham Insurance Agency, Inc.
1400 FM 528, Suite F
TX 77598
CONTACT
INAME:Sarah Sowinski
PHONE Fax
Na exc: 281-990-6051(A/C,No:281-990-6052
E-MWebster
ADDRESS: ssowinski@Higginbotham.net
INSURERS AFFORDING COVERAGE
NAIC #
INSURER A: Allied Property & Casualty Insurance Co
42579
INSURED sKeco
SKE Construction, LLC.
P.O. Box 1111
ENSURER B : Depositors Insurance Company
42587
INSURER C : Service L!Oqy!;s Insurance Company
43389
INSURER D
Cypress TX 77410
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: 903004862 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 POLICIESMUD. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMPOLICY
INSR
LTRINSO
TYPE OF INSURANCE
ADDL
SUER
POLICY NUMBER
POLICY EFF
EXPS.
(MM/DD/YYYY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
ACPGLP03059310784
5/1/2020
5/1/2021
EACH OCCURRENCE
$1,000,000
CLAIMS -MADE a OCCUR
DAMAGE TO RENTED
PREMISES Ea occurrence
$1001000
X
MED EXP (Any one person)
$51000
PD Ded. $11000
PERSONAL & ADV INJURY
$1,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$290001000
POLICY a ,JER� ILOC
PRODUCTS -COMP/OP AGG
$2,000,000
$
OTHER:
A
AUTOMOBILE LIABILITY
ACPBAPC3059310784
5/1/2020
5/1/2021
COMBINED SINGLE LIMIT
(Ea accident
$ 1,0002000
BODILY INJURY (Per person)
$
X ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
X X NON -OWNED
HIRED AUTOS AUTOS
B
X
UMBRELLA LIAB
X
OCCUR
ACPCAD3059310784
5/1/2020
5/1/2021
EACH OCCURRENCE
$4,0009000
AGGREGATE
$4,000,000
EXCESS LIAB
CLAIMS -MADE
DED I I RETENTION $
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
SUCWC0346000
6/18/2020
6/18/2021
x PER OTH-
STATUTE I ER
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? YN
/ A
E.L. EACH ACCIDENT
$1,000,000
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYEE
$1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
$1,000,000
A
Inland Marine
ACPCIMP3059310784
5/1/2020
5/1/2021
Rented/Leased Equip. $500,000
Deductible $1,000
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The General Liability and Automobile Liability policies include a blanket automatic additional insured endorsement that provides additional insured status and
General Liability, Automobile Liability and Workers' Compensation policies include a blanket waiver of subrogation endorsement to the certificate holder only
when there is a written contract between the named insured and the certificate holder that requires such status.
The General Liability and Automobile policies contain a special endorsement with "Primary and Noncontributory" wording.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Round Rock
ACCORDANCE WITH THE POLICY PROVISIONS.
City Manager
AUTHORIZED R PRESENTATIVE
221 East Main Street
Round Rock TX 78664
O 1988=2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
00700 GENERAL CONDITION
S
City of Round Rock Contract Forms
General Conditions Section 00700
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article Page
Number & Title Number
1. DEFINITIONS..,..... gaseous usages gaseous wassessesenne wages@ *manage assess @assess mousse newsmen was onesesess @86@688 assess 80886@660@2............................................................................................2
2. PRELIMINARY MATTERS.... Down was messes wassoom Samoan@ gasses@ mousses wassessessome Nemeses we seems sesames @season omegas* omegas mousses amasses souse 5....................................................................5
3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE. omegas @@swags Gooses *assess sesame @@@@as sesames *swoon someone 6666987.............7
4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS..... gooses now@@@ *noose assess assess @Owosso @ @@*@§ Gooses @games *noose asesse assess sense*@ Owosso @08089669 @866@6 8................................................8
5. BONDS AND INSURANCE.......... @guesses wagon@ @assess monsoon sesames guesses amasses mosses *Gooses seems@@ sesames assess@ @sesame mosses assume@ awesome Gomel 0.....................................................................10
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16, DISPUTE RESOLUTION...............................................................................................................................41
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00700 04=2020 Page 1 General Conditions
00443641
GENERAL CONDITIONS
ARTICLE 1 -DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the term printed with initial capital
letters or all capital letters, including the term's singular and plural forms, will have the meaning indicated in the
definitions below or as defined in these General Conditions or other Contract Documents:
imi 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.
1n4 Bid -Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the
Contract Documents.
ins Bid Documents - The advertisement or invitation for bids, instructions to bidders, the bid form, the Contract
Documents and Addenda.
In6 Calendar Dai An 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.
III Change Directive, - A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in
the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A
Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change
Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the
change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order.
1s8 Chanqe 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.
189 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.
1n12 Contract Documents -Includes the Invitation to Bid, Instructions to Bidders, Agreement, General
Conditions, Supplemental General Conditions, Special Conditions, 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 twenty4our (24) hours measured from midnight to the next midnight will constitute a day.
InI4
CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has
entered into the Contract.
00700 04=2020 Page 2
General Conditions
1w15 Drawings - Those portions of the Contract Documents which are graphic representations of the scope,
extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been
approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams.
Shop Drawings are not Drawings as so defined.
1s16 Engineer/Architect (E/A) NEW OWNER's design professional identified as such in the Agreement. 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.
1w17 Equal - The terms "equal" or "approved equal" shall have the same meaning.
1w18 Execution Date - Date of last signature of the parties to the Agreement.
1n19 Field Order - A written order issued by Owner's Representative which orders minor changes in the Work
- EMEMENDand which does not involve a change in the Contract Amount or the Contract Time.
110 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.
In2l 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
NNOWNDthe Work.
113
113all
Legal Holidal.1g.-
NONE
The following are recognized by the OWNER:
Holiday
New Year's Day
Martin Luther King, Jr.'s Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas Day
Date Observed
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Friday after Thanksgiving
December 24
December 25
00700 04=2020 Page 3
General Conditions
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.
1114 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day
holiday.
114 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.
115 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR notifying the
CONTRACTOR to commence the Work and which may also fix the date on which the Contract Times will commence
to run and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract
Documents.
11.26 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.
117 Owner's Representative - The designated representative of the OWNER.
118 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.
119 Project - The total construction of which the Work to be provided unI1111111111111111er the Contract Documents may be
the whole, or a part, as indicated elsewhere in the Contract Documents.
130 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, 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.
133 Resident Project Representative - The authorized representative of E/A who may be assigned to the site
or any part thereof.
1.34 Shop Drawin - 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.
11.35 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.
136 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 I s opinion, the Work has progressed
to the point such that all parts of the Work under consideration are fully operational and the beneficial use and
occupancy of which can be assumed by the Owner, as evidenced by a Certificate of Substantial Completion
approved by the OWNER.
00700 04=2020 Page 4 General Conditions
I n37 Subcontractor - An individual, firm, or corporation having a direct contract with the CONTRACTOR for the
performance of a part of the Work.
138 Sub -subcontractor - A person or entity who has a direct or indirect contract with a Subcontractor or a Sub -
subcontractor of any tier to perform a portion of the Work.
1n39 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.
In40 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.
In4l Supplier - An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor
or Sub -subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or
any Subcontractor.
1.42 Time Extension Recluest - An approved request for time extension on a form acceptable t the OWNER.
1n43 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 I 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.
1s45 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.
In46 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
2al Delivery of Agreement, Bonds, Insurance, and Other Documentation:
Within ten (10) Calendar Days after written notification of award of Contract, the CONTRACTOR shall deliver to the
OWNER signed Agreement, Bond(s), Insurance Certificates) and other documentation required for execution of
the Contract.
2.2 Copies of Documents.
The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise
specified.
00700 04=2020 Page 6 General Conditions
2.3 Commencement of Contract Times; Notice to Proceeds.
The Contract Time(s) commence on the date indicated in the Agreement or 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.
2s4 Before Starting Construction:
2o4ol 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.
2s4s2 The NTRACTOR shall submit the following toCOOwner'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. The preliminary schedule of values
submitted by the CONTRACTOR should include a reasonable estimation of value of each item included
and shall not contain disproportionate values assigned to any item or items;
.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) if 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 cornpleted Non -Use of Asbestos Affidavit (Prior t o Construction); and
.11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the
Work.
2n5 Preconstruction Conferences.
Prior to commencement of Work at the site, a preconstruction conference attended by the CONTRACTOR, Owner's
Representative and others will be held.
00700 04=2020 Page 6 General Conditions
2w6 Initially Acceptable Schedules:
Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's
Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first
progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly
progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the
schedule by Owner's Representative will neither impose on Owner's Representative responsibility for the
sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the
CONTRACTOR'S full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample
submissions must provide an arrangement agreeable to the parties for reviewing and processing the required
submittals.
2.7 Electronic Transmittals:
2,7,1 Except as otherwise stated elsewhere in the Contract Documents, the OWNER, E/A, and CONTRACTOR
may transmit, and shall except, Project -related correspondence, texts, data, documents, drawings, information, and
graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either
directly, or through access to a secure Project website.
27,2 When transmitting items in electronic media or digital format, the transmitting party makes no
representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use
of software application packages, operating systems, or computer hardware differing from those used in the drafting
or transmittal of the items.
ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3al 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):
Change Orders
Modifications to the Contract Documents made after the Execution Date
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
111 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:
Prior to commencing the Work, the CONTRACTOR shall review the Contract Documents for the purpose of
discovering any conflict, error, ambiguity or discrepancy in the Contract Documents. If, at any time, 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
00700 04=2020 Page 7 General Conditions
or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall
immediately report it to Owner's Representative in writing, and the CONTRACTOR shall not proceed with the Work
affected thereby until an amendment or supplement to the Contract Documents has been issued by one of the
methods indicated in paragraph 3,3.1 or paragraph 3.3.2. The CONTRACTOR shall be liable to the OWNER for
failure to report any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably
should have known.
3.3 Amending and Supplementing Contract Documents:
3.3.1 The Contract D()cuments may be amended to provide for ad ditions, 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.
3.3.2 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 thereo 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/Ae
ARTICLE 4 -AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS6 REFERENCE POINTS
4al 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:
4o2ol 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. Unless the CONTRACTOR, prior to the execution of the Agreement,
has notified the OWNER in writing of any condition of the site of the proposed Work that would adversely impact
00700 04=2020 Page 8 General Conditions
the performance of the Work by the CONTRACTOR, CONTRACTOR covenants that there are no conditions at the
site of the proposed work which would adversely impact the performance of Work by the CONTRACTOR.
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, OWNER will
consider an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative
determines that the conditions at the site are not materially different from those indicated in the Contract Documents
and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating
the reasons. Any disputes arising from Owner's Representative's determination shall be resolved in accordance
with Article 16.
413 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 the OWNER for 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.
41w4 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.
4n4 Hazardous Materials:
00700 04=2020 Page 9 General Conditions
4o4ol 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.
4v41 The CONTRACTOR shall b responsible for any hazardous materials brought to the site by the
CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible.
4w43 No asbestosmcontaining materials shall be incorporated into the Work or brought on the Project site without
prior approval of the OWNER.
4n4w4 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL
INDEMNIFY AND HOLD HARMLESS OWNER., AND ITS COUNCIL MEMBERS, EMPLOYEES, AGENTS, AND
CONSULTANTS 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 ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING
OUT OF OR RELATING TO FAILURE TO CONTROL, CONTAIN OR REMOVE A HAZARDOUS MATERIAL
BROUGHT TO THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE,
OR TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR
WHOM CONTRACTOR IS RESPONSIBLE.
ARTICLE 5 - BONDS AND INSURANCE
5S1 Surety and Insurance Companies:
All bonds and insurance required by the Contract Documents shall b 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 Chapter 3503, Texas Insurance Code
(2005) and which is- otherwise acceptable to the OWNER.
OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 1094o 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.
5n2 Workers' Compensation Insurance Coverage:
5m2ml 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) -i ncludes 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,
00700 04=2020 Page 10 General Conditions
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.
511 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the CONTRACTOR providing services on the Project, for the duration of
the Project.
5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of
coverage.
51A 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.
&15 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the
OWNER:
.1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have
on file certificates of coverage showing coverage for all persons providing services on the Project; and
.2 no later than seven (7) days after receipt by the CONTRACTOR, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during
the duration of the Project.
&16 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for
one (1) year thereafter.
5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10)
days after the CONTRACTOR knew or should have known of any change that materially affects the provision of
coverage of any person providing services on the Project.
&18 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.
&19 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on
a Project to:
.1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of
any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section
401.011(44) for all of its employees providing services on the Project, for the duration of the Project;
.2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing services
on the Project, for the duration of the Project;
.3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage
ends during the duration of the Project;
00700 04=2020 Page I I General Conditions
.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) anew certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the duration
of the Project;
.5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year
thereafter;
.6 notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the person
knew or should have known of any change that materially affects the provision of coverage of any
person providing services on the Project; and
.7 contractually require each person with whom it contracts, to perform as required by paragraphs 5.2-9.1
- 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing
services.
5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the
CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services
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 f these provisions is a breach of Contract by the
CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the
breach within ten (10) days after receipt of notice of breach from the OWNER.
5.3 Contractor Insurance Requirements:
For specific bond requirements and additional insurance requirements, refer to the Supplemental General
Conditions.
5.3.1.1 General Requirements.
.1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of
the Contract, which shall include items owned by OWNER in the care, custody and control of
CONTRACTOR prior to and during construction and warranty period.
.2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER
before the Contract is executed as verification of coverage required below. CONTRACTOR shall
not commence Work until the required insurance is obtained and until such insurance has been
reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability
of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of
CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of
Insurance to OWNER whenever a previously identified policy period has expired as verification of
continuing coverage.
.3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the
State of Texas at the time the policies are issued and shall be written by companies with A.M. Best
ratings of B+VII or better, except for hazardous material insurance which shall be written by
companies with A.M. Best ratings of A- or better.
00700 04=2020 Page 12 General Conditions
.4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation
endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E.
Main St., Round Rock, Texas 78664.
.5 The " other" insurance clause shall not apply to the OWNER where the OWNER is an additional
insured shown on any policy. It is intended that policies required in the Contract, covering both
OWNER and CONTRACTOR, shall be considered primary coverage as applicable.
.6 If insurance policies are not written for amounts Specified below, CONTRACTOR shall carry
Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability
Insurance is provided, it shall follow the form of the primary coverage.
.7 OWNER shall be entitled, upon request and without expense, to receive certified copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modification of particular policy terms, conditions, limitations, or exclusions except where policy
provisions are established by law or regulations binding upon either of the parties hereto or the
underwriter on any such policies.
.8 OWNER reserves the right to review the insurance requirements set forth during the effective
period of this Contract and to make reasonable adjustments to insurance coverage, limits, and
exclusions when deemed necessary and prudent by OWNER based upon changes in statutory law,
court decisions, the claims history of the industry or financial condition of the insurance company
as well as CONTRACTOR.
.9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse
during the term of the Contract or as required in the Contract.
.10 CONTRACTOR shall be responsible for premiums, deductibles and self -insured retentions, if any,
stated in policies. All deductibles or self -insured retentions shall be disclosed on the Certificate of
Insurance.
.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 WNER-owned property is being tran��ported or stored off -site by CONTRACTORthen thO
appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect
OWNER's property.
.13 The insurance coverages required under this contract are required minimums and are not intended
to limit the responsibility or liability of CONTRACTOR.
5.3.1.2 Business Automobile Liability Insurance.
Provide coverage for all owned, non -owned and hired vehicles. The policy shall contain the following
endorsements in favor of OWNER:
a) Waiver of Subrogation endorsement TE 2046AG
b) 30 day Notice of Cancellation endorsement TE 0202AG and
c) Additional Insured endorsement TE 9901 Be
Provide coverage in the following types and amounts:
00700 04=2020 Page 13 General Conditions
.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.
&113 Workers' Compensation and EmployersLi bility 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 4203048 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.
53al A Commercial General Liability Insurance.
The Policy shall contain the following provisions:
53AZ
5.4
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 25038
fl OWNER listed as an additional insured, endorsement CG 20100
g) 30 day notice of cancellation in favor of OWNER, endorsement CG 02050
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.
Builders' Risk Insurance.
CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical
loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER.
OWNER shall be a loss payee on the policy. If off site storage is permitted, coverage shall include transit
and storage in an amount sufficient to protect property being transported or stored.
Bonds.
00700 04=2020 Page 14
General Conditions
5o4ol General.
.1 Bonds, when required, shall b xecuted 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 Payrnent 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.
.4 If CONTRACTOR has failed to obtain or maintain a required bond, OWNER may exclude the
CONTRACTOR from the site of the Project and exercise OWNER's suspension and/or termination
rights under the Contract Documents.
&42 Performance Bond.
.1 If the Contract Amount exceeds $100 000, CONTRACTOR shall furnish OWNER with a
Performance Bond in the form set out by OWNER.
.2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000, CONTRACTOR
shall furnish OWNER with a Performance Bond in the form set out by OWNER, unless the original
Contract Time is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can
agree to the following terms and conditions for payment in lieu of providing a Performance Bond:
no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER;
CONTRACTOR shall be entitled to receive 95% of the Contract Amount following Final Completion,
and the remaining 5% of the Contract Amount following the one year warranty period.
.3 If the Contract Amount is less than or equal to $25 000 CONTRACTOR will not be required to
furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until
completion and acceptance of the Work by OWNER under the following terms and conditions:
CONTRACTOR shall be entitled to receive 95% of the Contract Amount following Final Completion,
and the remaining 5% of the Contract Amount following the one year warranty period.
.4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period.
&43 Payment Bond.
.1 If the Contract Amount exceeds $50,000, 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 $50 000 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
58462@3@
00700 04=2020 Page 15 General Conditions
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6ml Supervision and Superintendence:
6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance
with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the
CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of
construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with
the Contract Documents.
6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times
that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume
of the proposed Superintendent to Owner's Representative showing evidence of experience and successful
superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's
Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she
will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced
without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the
Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the
proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the
designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's
Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the
Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR'S
representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications
given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the
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 Equipment0
:
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.
611 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.
613 All materials and equipment shall be of goodquality and new (including new prod''''''ucts 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.
00700 04=2020 Page 16 General Conditions
6n2n4 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,
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.
6.2.6 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.
6w3 Progress Schedule:
Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance
with paragraph 2.6 as it may be adjusted from time to time as provided below:
.1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in
the progress schedule that will not change the Contract Times or Milestones. Such adjustments will
conform generally to the progress schedule then in effect.
00700 04=2020 Page 17 General Conditions
.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 SubcontractorsIS ppliers 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.
6A1 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor,
Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have
reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers,
or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction
conference. Should the OWNER have objections, the OWNER will communicate such objections by Written Notice.
If the OWNER requires a change without good cause of any Subcontractor, person or organization previously
accepted by OWNER, the Contract Amount may be increased or decreased by the difference in the cost occasioned
by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute
any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been
accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person
or organization shall constitute a waiver of any right of the OWNER to reject defective Work.
6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which
specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents
for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall
be adhered to by all Subcontractors and Sub -subcontractors as indicated in other portions of the Contract
Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and
Subcontractor or Supplier.
6.4.4 The CONTRACTOR shall b 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.
6o4o6 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) Days after the CONTRACTOR's receipt of payment from the OWNER.
6w5 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.
00700 04=2020 Page 18 General Conditions
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
indemnify and save the OWNER harmless from any and all claims, costs, losses, expenses and damages (including
but not limited to attorneys fees and consultant fees), 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, with counsel of its own choosing, 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.
6n6 Permits, Fees:
Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for
all construction permits, licenses and fees required for prosecution of the Work.
OWNER will obtain and pay for the following permits, licenses and/or fees, if required:
.1 Site Development Permit.
.2 Building Permit(s).
.3 Texas Department of Transportation permit for work in State rights -of -way.
A 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.
6w7w3 If the CONTRACTOR performs any Work that it is contrary to laws or regulations, then the CONTRACTOR
shall bear and shall indemnify, defend and hold OWNER harmless from 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.
6w8 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.
00700 04=2020 Page 19 General Conditions
&81 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 Chapter 321, Texas Tax Code.
6l.9 Use of Premises:
6.9.1 The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the
operations of workers to the site and land and areas identified in and permitted by the Contract Documents and
other land and areas permitted by laws and regulations, rights -of -way, permits and easements, and shall not
unreasonably encumber the premises with construction equipment or other materials or equipment. The
CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim
be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall
promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding
or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, E/A's consultants and
anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages
(including court costs and reasonable attorneys' fees) arising out of or resulting from any claim or action, legal or
equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified
hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work.
6o9o2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free
from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the
Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as
well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR
shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion' of the Work. The
CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the
Contact Documents.
6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will
endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses
or pressures that will endanger it.
6.10 Record Documents:
The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one (1)
record copy of all Drawings, Specifications, Addenda, Change Orders, Change Directives, Field Orders and written
interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all
changes made during construction. These record documents, together with all final samples and all final Shop
Drawings, will be available to the OWNER and E/A for reference during performance of the Work. Upon Substantial
Completion of the Work, these record documents, samples and Shop Drawings showing the final "as built if
construction of the Project 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 and safety 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 b ffected by the Work;
.2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the
site; and
00700 04=2020 Page 20 General Conditions
.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 responsible, 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 for whose acts any of them may be responsible, 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).
6al 1 .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. At a minimum, the safety
representative shall have received the OSHA thirty (30) hour training and a certificate evidencing that the safety
representative has received such training within the last five (5) years shall be provided to the OWNER's
representative.
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.
6al 1 .5 Emergencies:
6alle5al 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 Ehl!1111k, 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.
6n11n5s3 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
00700 04=2020 Page 21 General Conditions
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 b 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 wner's Representative and/or E/A;
.2 recommendation of any progress or final payment by Owner's Representative;
.3 the issuance of a certificate of Substantial Completion or any payment by the OWNER to the
CONTRACTOR under the Contract Documents;
.4 use or occupancy of the Work or any part thereof by the OWNER;
.5 any acceptance by the OWNER or any failure to do so;
.6 any review of a Shop Drawing or sample submittal;
.7 any inspection, test or approval by others; or
.8 any correction of defective Work bIlly the OWNER.
.9 the failure of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or E/A to
observe, detect or discover any defect in the Work or any non-conformance of the Work with any
requirement of the Contract Documents.
CONTRACTOR hereby waives any claim or defense to any claim by the OWNER that any failure by the
OWNER, E/A, or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or
discover any defect in the Work relieves or releases, in whole or in part, CONTRACTOR from any
obligations or responsibility for the correction of such defects or any other obligation of CONTRACTOR
under the Contract Documents.
6x14 Indemnification:
00700 04=2020 Page 22 General Conditions
6.14.1 TO THE FULLEST EXTENT PERMITTED BY LAW, AND IN ADDITION TO ANY OTHER OBLIGATIONS
OF CONTRACTOR UNDER THE CONTRACT OR OTHERWISE, CONTRACTOR SHALL INDEMNIFY, DEFEND
AND HOLD HARMLESS OWNER, ITS COUNCIL MEMBERS , EMPLOYEES, AGENTS, AND CONSULTANTS
INCLUDING, BUT NOT LIMITED TO THE E/A (THE "INDEMNIFIED PARTIES" OR INDEMNIFIED PARTY",
FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO
ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, CONSULTANTS, EXPERTS AND
OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS)
ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK, REGARDLESS OF WHETHER
SUCH CLAIMS, COSTS, LOSSES, AND DAMAGES ARE CAUSED, IN WHOLE OR IN PARTY BY THE ACTS,
ACTIONS, ERRORS OR OMISSIONS OF AN INDEMNIFIED PARTY.
BECAUSE OWNER IS A MUNICIPALITY, THE TERMS AND PROVISIONS OF SUBCHAPTER C OF CHAPTER
151 OF THE TEXAS INSURANCE CODE ("CHAPTER 151") DOES NOT APPLY TO THE OWNER. IF,
HOWEVER, ANY PROVISION OF CHAPTER 151 APPLIES TO THE OWNER, IT IS THE INTENT OF THE
OWNER THAT IF THE PROVISIONS OF CHAPTER 151 DO APPLY, NOTHING HEREIN SHALL IMPOSE ANY
REQUIREMENTS ON CONTRACTOR THAT ARE PROHIBITED BY CHAPTER 151 AND THAT ANY OF THE
PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151 SHALL REMAIN IN FULL FORCE
AND EFFECT. ACCORDINGLY, IN THE EVENT THAT IN CONSTRUING AND INTERPRETING THE
CONTRACT DOCUMENTS, A COURT OF COMPETENT JURISDICTION OR, IF APPLICABLE, AN
ARBITRATOR, DETERMINES THAT CHAPTER 151 APPLIES TO THE OWNER, THEN THE COURT OR
ARBITRATOR SHALL REFORM THE PROVISIONS HEREOF SO AS TO COMPLY WITH CHAPTER 151 AND
SUCH REFORMATION SHALL NOT AFFECT THE VALIDITY OF ANY PROVISIONS HEREOF THAT ARE NOT
PROHIBITED BY CHAPTER 151.
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
site so as to cause loss for which the
OWNER for such loss.
6.15 Survival of Obligations:
unreasonably delays progress of the work being done by others on the
OWNER becomes liable, then the CONTRACTOR shall reimburse the
All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with
the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final
payment, completion and acceptance of the Work and termination or completion of the Agreement.
6w16 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
00700 04=2020 Page 23 General Conditions
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, statute of repose, or any other provision of the Contract Documents.
6w18 Liquidated Damages:
At set forth in the Agreement, paragraph 1.2, the CONTRACTOR or its Surety shall be liable for Liquidated Damages
for the CONTRACTOR'S failure to timely complete the Work or any portion thereof within the Contract Time. See
Supplemental Conditions for amount of Liquidated Damages.
ARTICLE 7 - OTHER WORK
7al 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.
7w2 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 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 Jepends 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.
7n4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each
separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR
shall participate with other separate contractors and Owner's Representative in reviewing their construction
schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule
deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the
schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised.
7n5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective
construction shall be borne by the party responsible therefor.
7m6 If CONTRACTOR damages, delays, disrupts or interferes with the work of any other contractor, or any utility
owner performing other work at or adjacent to the site of the Project, through CONTRACTOR'S failure to take
reasonable and customary measures to avoid such impacts, or if any claim arising out of CONTRACTOR's actions,
00700 04=2020 Page 24 General Conditions
inactions or negligence in performance of the Work at or adjacent to the site of the Project is made by any such
other contractor or utility owner against CONTRACTOR, OWNER, or E/A, then CONTRACTOR shall (1) promptly
attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or
otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) INDEMNIFY AND
HOLD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, BUT NOT LIMITED TO THE E/A FROM AND
AGAINST ANY SUCH CLAIMS, AND AGAINST ALL COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT
LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER
PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS)
ARISING OUT OF OR RELATING TO SUCH DAMAGE, DELAY, DISRUPTION, OR INTERFERENCE.
ARTICLE 8 - OWNER'S RESPONSIBILITIES,
8al 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.
8w2 The OWNER will not supervise, direct, control or have authority over or b 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.
8w3 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.
8w4 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.
8m5 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).
8w6 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 notice of such injury or damage will be sent to the CONTRACTOR 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.
8.7 The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents. The failure or omission of the OWNER, E/A or any other person or entity
acting on behalf of the OWNER or the E/A to observe, detect, discover, or object to or condemn any defective Work
or material shall not release the CONTRACTOR from CONTRACTOR'S obligation to properly and fully perform the
Work pursuant to the Contract Documents. The OWNER shall not be responsible for the acts, errors or omissions
of the CONTRACTOR, or any Subcontractor, Supplier or any other person or entity performing or furnishing any of
the Work on behalf of the CONTRACTOR.
ARTICLE 9 - ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION
981 E/A's Authority and Responsibilities:
9alml 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
00700 04=2020 Page 25 General Conditions
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 thONTRA T, R'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 I s failure to
perform or furnish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover, or
object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to
properly and fully perform the Work.
9n1n3 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.
9w1w4 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.
91.2 E/A as Owner's Representative:
9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1,
91.3 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.
91.4 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.
905 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
00700 04=2020 Page 26 General Conditions
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.
9s6 Rejecting Defective Works.
E/A may recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes
will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the
design concept of the completed Project as a functioning whole as indicated by the Contract Documents.
ARTICLE 10 -CHANGES IN THE WORK
lOwl Changes:
1Owl .1 Without invalidating the Contract and without notice to any surety, the OWNER, at any time or from time to
time, may 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 Documentsand , 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.
1Owl .4 Except in the case of an emergency as provided in paragraph 6.11.57 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.
1Owl .5 If notice of any change affecting the general scope of the Work or the provisions ofth 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.
lOw3 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
00700 04=2020 Page 27 General Conditions
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 Upreceipt of a,13hange Directive, COonNTRACTOR shall promptly proceed with the change in the Work
involved.
10.4 Field Orders.
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.
10s5 No Damages for Delay:
Except as otherwise provided in the Contract Documents, 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 for
reasons for which the CONTRACTOR is not responsible, or such delay is not caused by active interference in the
Work by OWNER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the
CONTRACTOR only 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.
1182 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.
11s3 The Contract Amount shall only be changed by a C'hange 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.
11s4 Determination of Value of Works,
00700 04=2020 Page 28 General Conditions
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:
. by applicati
1 on of unit prices contained in the Contract Documents to the quantities of the items involved.
.2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to
permit evaluation.
.3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit (determined as provided
in paragraph 11.5).
11.4.2 Before using the method described in paragraph 11A.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 Works.
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, the OWNER may issue a
Change Directive to the CONTRACTOR. If the OWNER elects to issue a Change Directive, CONTRACTOR shall
perform the Changed Work 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 betaken, 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.
00700 04=2020 Page 29 General Conditions
11.6 Unit Price Works.
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).
11.6.2 When "plan quantitIY" is indicated for a bid item, the CONTRACTOR shall b 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%1 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.E 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:
12al .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
00700 04=2020 Page 30 General Conditions
party promptly (but in no event later than thirty (30) calendar days) after the start of the occurrence or event giving
rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data
shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall
represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said
occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in
the Contract Times (or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the
Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph.
12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can
be made by the CONTRACTOR, then no extension in time will be allowed.,
12.1.3 When the CONTRACTOR i's prevented from completing any part of the Work within the Contract Times (or
Milestones) due to delay for which the CONTRACTOR is not responsible, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such delay will be considered by OWNER. Any extension of
the Contract Time 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.
12ml .4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time
because of:
.1 Changes ordered in the Work which justify additional time.
.2 Failure of materials or products being at the Project site due to delays in transportation or failures of
Suppliers, for which the CONTRACTOR, a Subcontractor or a Supplier is not responsible. 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, a Subcontractor or a Supplier including but not limited to,
the CONTRACTOR's, the Subcontractor's or the Supplier'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 documents) from Supplier, on Supplier's letterhead, indicating date(s) item(s) would be
ready for shipment and/or actual shipment date(s).
d) Copies of all correspondence between the CONTRACTOR/ Subcontractor and Supplier indicating
the CONTRACTOR/ Subcontractor's efforts to expedite item(s).
e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence,
and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery
of the item(s).
.3 When acts of the OWNER, E/A, utility owners or other contractors employed by the OWNER delay
progress of work through no fault of the CONTRACTOR.
.4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other
unavoidable cause or causes beyond the CONTRACTOR's control.
121 Calendar Day Contracts:
00700 04=2020 Page 31 General Conditions
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........ Owasso
7 days
April...... someone asses someone @amass
7 days
May.... .... .... ... .... ...... .... ...
8 days
June .............. ........ ......... .
6 days
July.. ...............................
6 days
August....... sageness now*@ message
5 days
September .....................
7 days
October,..... Nos Ogg Sasso now ago and
7 days
November.....................
7 days
December......................
7 days
Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance
with paragraph 12.1.1 and meets the following definition: a "Rain Day" is any day in which a weather event occurs
at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the
project schedule during the entire day.
ARTICLE 13 - TESTS AND INSPECTIONS: AND CORRECTION OR REMOVAL OF DEFECTIVE WORK
13al 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 Works.
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.
133 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 13.33 below;
.2 for reinspecting or retesting defective Work; and
.3 as otherwise specifically provided in the Contract Documents.
All testing laboratories shall be those selected by the OWNER.
00700 04=2020 Page 32 General Conditions
1113 If laws or regulations of any public body having jurisdiction require any Work (or part thereo 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.
1141 If Owner's Representative considers it necessary or advisable that covered Work be observed, inspected
or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or
testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found
that such Work is defective, the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising
out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory
replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and
the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor
as provided in Article 11. If, however, such Work is not found to be defective, the CONTRACTOR shall be allowed
an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly
attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and
the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12.
115 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.
1151 If the CONTRACTOR 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.
00700 04=2020 Page 33 General Conditions
116 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), including but not limited to all consultant, engineering, expert and attorneys fees incurred by the
OWNER as a result of such defective work or as necessary for OWNER to investigate such defective Work and/or
to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall
have the right, in OWNER's sole discretion, to have the E/A or other consultant specify the means and methods
that will be followed to correct or address any defective Work. If the OWNER specifies a means or method by which
the defective Work will be addressed or corrected, the CONTRACTOR shall perform the specified work necessary
to address or correct the defective Work at CONTRACTOR's sole cost and expense.
131 Warranty periods.
13a7ml 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.
ptyIf the CONTRACTOR does not plcomply 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 and all
consultant, expert and attorneys fees incurred by OWNER) will be paid by the CONTRACTOR.
13.7.2 In special circumstances where a particular item of equipment is placed in continuous seryice bef-
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 and agreed to by OWNER.
118 OWNER May Correct Defective Work:
If the CONTRACTOR fails within a reasonable time after Written Notice of the 11�1111111111111)WNER 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
00700 04=2020 Page 34 General Conditions
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 and any and all consultant, expert and attorneys fees incurred by OWNER as a result of OWNER's correction
of 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.
13.9 ACCEPTANCE OF DEFECTIVE WORK
If, instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept it,
OWNER may do so. CONTRACTOR shall pay all claims, costs, losses, and damages attributable to OWNER's
evaluation of and determination to accept such defective Work, including but not limited to any expert, engineering
or other consultant's fees incurred by the OWNER to investigate such defective Work and/or to determine the
appropriate means or methods and work necessary to allow OWNER to accept the defective Work and
CONTRACTOR shall pay for all work required to be performed to allow OWNER to accept the defective Work and
any estimated costs, expenses and damages OWNER may sustain in the future as a result of accepting the
defective Work, including any diminution in value of the Project as a result of accepting the defective Work. If any
such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to
the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the
Contract Price, then OWNER may impose a reasonable set-off against payments due under the Contract
Documents. If the acceptance of defective Work occurs after final payment, CONTRACTOR shall pay to OWNER
the above described costs, expenses and damages incurred by OWNER as a result of OWNER's acceptance of
defective Work.
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 or as required by OWNER.
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.
14ml .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.
14n1w4 Owner will not pay for materials or equipment not incorporated in the Work but delivered and suitably
stored at the site or at another location. Payment will be made by Owner only for Work completed in accordance
with the Contract Documents.
14ml .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
obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due
under the Contract subject to the conditions stated under paragraph 15.2.
00700 04=2020 Page 35 General Conditions
14ml .6 Applications for Payment shall include the following documentation:
.1 udated progress schedule-
p
.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.
141.3 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).
14w13 By recommending any such payment, Owner's Representative will not thereby be deemed to have
represented that:
.1 inspections have been made to check the quality or the quantity of the Work or that the Work has been
performed in accordance with the Contract Documents;
.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.
14A Decisions to Withhold Payment:
14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary
on account of:
.1 defective Work not remedied;
00700 04=2020 Page 36 General Conditions
.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 b mpleted within the Contract Time, and that the unpaid
balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
.5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract
Documents;
.6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract
Documents;
.7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the
Contract Documents;
.8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents;
.9 failure of the CONTRACTOR to maintain weekly payroll reports;
.10 failure of the CONTRACTOR to submit monthly subcontractor reports;
.11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure t lean up;
o r
.12 failure of the CONTRACTOR to comply with any provision of the Contract Documents.
.13 OWNER's disagreement with the recommendation of the Owner's Representative, provided the
OWNER has provided a Written Notice to the CONTRACTOR specifying the reasons why OWNER
does not agree with such recommendation.
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.
14n5 Delayed Payments:
Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment
with which OWNER agrees and has approved 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.
14w6 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.
00700 04=2020 Page 37 General Conditions
14.7 Substantial Completion:
14s7al If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said
certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the
CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is
substantially complete, the CONTRACTOR shall notify Owner's Representative and request a determination as to
whether the Work or designated portion thereof is substantially complete. If Owner's Representative does not
consider the Work substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons
therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to
complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by
Owner's Representative, the CONTRACTOR shall then submit another request for Owner's Representative to
determine substantial completion. If Owner's Representative considers the Work substantially complete, Owner's
Representative will prepare and deliver a certificate of Substantial Completion which shall establish the date of
Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, shall
establish the time within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of
the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and
insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to
complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be
signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in
such certificate.
14.7.2 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial
Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the
punch list.
14.8 Partial Utilization:
The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or
partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's
exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part
of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's
exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work
in accordance with the Contract Documents.
14.9 Final lnspection:
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 Payments.
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 finalp ment. If surety is not provideJ1compl ete and legally effective
releases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with
the Work;
00700 04=2020 Page 38 General Conditions
.4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in
force after final payment and through any warranty period;
.5 Non -Use of Asbestos Affidavit (After Construction); and
.6 Any other documentation called for in the Contract Documents.
14.11 Final Payment and Acceptances.
14al 1 al 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. If the OWNER agrees with the recommendation of the Owner's Representative,
the OWNER will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract.
6
14al 1 .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 oy 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.
14al 2 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 Causes.
Upon seven (7) calendar days'Written Notice to the CONTRACTOR, the OWNER may, without cause and without
prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the
CONTRACTOR shall be paid (without duplication of any items):
.1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the
effective date of termination;
00700 04=2020 Page 39 General Conditions
.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 CONTRACTOR shall include in any subcontract or purchase order
language that provides that if the Agreement is terminated without cause, the Subcontractor and
Suppliers will only be paid for work performed or materials and equipment supplied and shall not have
any other claims against CONTRACTOR or OWNER;
CONTRACTOR shall not be paid for any profit or overhead for Work not completed.
15e3 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 any provisions of the Contract Documents;
The OWNER may, after giving the CONTRACTOR (and the surety, if any) seven (7), calendar days' IiNritten 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 04=2020 Page 40 General Conditions
15w4 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
16al Filing of Claims:
16al .1 Claims arising from the circumstances identified in paragraphs 3.2, 481, 4.2.2, 4,2.4, 6.42, 6,11,5.2, 6.17,
7,51 8.61 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.
16al .2 Within thirty (30) calendar days of receipt of notice of the amount of the Claim with supporting data, Owner's
Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or
notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented,
claimant shall have thirty (30) calendar days in which to:
.1 submit additional supporting data requested by the other party;
.2 modify the initial Claim; or
.3 request Alternative Dispute Resolution.
1682 Alternative Dispute Resolution:
16w2all 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 04=2020 Page 41 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:
161w3wl If the procedure described iarahn pgrap1622..proves unsuccessful os 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 actin 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.
16131 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
17al 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.
17al .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 04=2020 Page 42 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.
17ol w3 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.
17al .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.
17al X 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: 512m218-5401. 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
18al 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.
181 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.
18w3 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.
00700 04=2020 Page 43 General Conditions
18.4 Severability,o
If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set
of circumstances is for any reason held to be unconstitutional, invalid or unenforceable, that finding shall only effect
such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this
Contract; this being the intent of the parties in entering into the Contract; and all provisions of the Contract are
declared to be severable for this purpose.
18m5 Independent Contractor
The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture.
The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and
understands that the Contract does not grant any rights or privileges established for employees of the OWNER.
18.6 Prohibition of Gratuities
The OWNER may, by Written Notice to the CONTRACTOR, terminate the Contract without liability if is determined
by the OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative of the
CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing
favorable treatment with respect to the awarding or amending or the making of any determinations with respect to
the performing of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision,
the OWNER shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the
cost incurred by the CONTRACTOR in providing such gratuities.
18.7 Prohibition Against Personal Interest in Contracts
No officer, employee, independent consultant, or elected official of the OWNER who is involved in the development,
evaluation, or decision -making process of the performance of any solicitation shall have a financial interest, direct
or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge,
expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER.
End of General Conditions
00700 04=2020 Page 44 General Conditions
00800 SUPPLEMENTAL GENERAL CONDITIONS
City of Round Rock Contract Forms
Supplemental General Conditions Section 00800
SUPPLEMENTAL GENERAL CONDITIONS TO
AGREEMENT FOR CONSTRUCTION SERVICES
The Supplemental General Conditions contained herein shall amend or supplement the General
Conditions, Section 00700.
ARTICLE 1 - DEFINITIONS
1.16 Engineer/Architect (E/A):
Add the following:
Name (presentat):ReiveDavid Freireich, P.E.
Firm: City of Round Rock
Address: 3400 Sunrise Road
City, State, Zip: Round Rock, Texas 78665
Telephone: (512) 671m2756
Facsimile: (512) 255=6916
Email: dfreireich@roundrocktexas.gov
1.27 Owner's Representatives:
Add the following:
Name: Jeff Bell Title: Senior Project Manager
Address: 3400 Sunrise Road
City, State, Zip: Round Rock, Texas 78665
Telephone: (512) 218m7O76
Facsimile: (512) 255=6916
Email: j bell Proundrocktexas -,gov
Add the following:
Name: Juan Martinez Title: Engineer Associate
Address: 3400 Sunrise Road
City, State, Zip: Round Rock, Texas 78665
Telephone: (512) 341=3332
Facsimile: (512) 255=6916
Email: imartinezAroundrocktexas.gov
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6n18 Liquidated Damages
Add the following:
in CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF
one hundred dollars AND NO/100
DOLLARS $100.00 PER DAY FOR EACH DAY BEYOND THE DATE
ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE
SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE
THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR
TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE
CONTRACT.
END OF SUPPLEMENTAL GENERAL CONDITIONS
Page 1
00800 10-2015 Supplemental General Conditions
00090669
00900 SPECIAL CONDITIONS
SECTION 01-INFORMATION
01M01 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not less than two (2) (original signed) sets. The
OWNER will furnish to the CONTRACTOR one (1) copy of conforming Contract
Documents and Specifications unless otherwise requested.
01m02 GOVERNING CODES
All construction as provided for under the Contract Documents shall be governed by
any existing Resolutions, Codes and Ordinances, and any subsequent amendments or
revisions thereto as set forth by the OWNER.
01=03 LOCATION
The location of work shall be as set forth in the Notice to Bidders and as indicated in
the Contract Documents.
01-04 USAGE OF WATER
All water used during construction shall be provided by the OWNER and shall be
metered. The OWNER 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 OWNER 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 its own utility services white
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.
00900-4-2020 Page 1 Special Conditions
00443643
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 iet 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.
co 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.
co 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.
do 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.
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00443643
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:
l . take cognizance of complaints of all violations of this chapter committed in the
execution of the contract; and
2. withhold money forfeited or required to be withheld under this Chapter from
the payments to the Contractor under the contract, except that the public body
may not withhold money from other than the final payment without
determination by the public body that there is good cause to believe that the
Contractor has violated this chapter.
Applicable wage rates to be used in Williamson and/or Travis County may be
obtained from the U.S. Department of Labor website at the following web
addresses:
Construction Types: Heavy (Sewer/Water Treating Plant and
Sewer/Incidental to Highway)
http://www.wdol.Gov/wdol/scafiles/davisbacon/TX33.dvb?v=0
Construction Types: Heavy and Highway
http://www.wdol.a v/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 OWNER has a limited amount of financial resources committed to this Project;
therefore, it shall be understood by all bidders that the OWNER 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 OWNER reserves the
right to omit any work from this contract. Unit prices for all items previously approved
in this contract shall be used to delete or add work per change order.
02-05 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 OWNER, as described in the contract documents and
technical specifications. All items of work not specifically paid for in the bid proposal
shall be included in the unit price bids. Any question arising as to the limits of work
shall be left up to the interpretation of the E/A.
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00443643
02mO6 LAND FOR WORK
OWNER provides, as indicated on Drawings, land upon which work is to be done,
right- of -way for access to same and such other lands that are designated for the use of
the CONTRACTOR. CONTRACTOR provides, at his expense and without liability of
OWNER, any additional land and access thereto that may be required for his
construction operations, temporary construction facilities, or for storage of materials.
02-07 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on the Drawings, present obstructions to
grade and alignment of proposed improvements immediately notify engineer, who
without delay, will determine if existing utilities are to be relocated, or grade and
alignment of proposed improvements changed. Where necessary to move existing
utilities and appurtenances as determined by the E/A, the E/A 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.
02mO8 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 Drawings and such staking shall be
satisfactory to the E/A. The CONTRACTOR shall consult with the E/A and Owners
Representative in the field for assistance as necessary. Sufficient staking materials and
equipment shall be provided by the CONTRACTOR including but not limited to: paint.,
flagging, laths, hubs, blue tops, nails, hammers, measuring chains or tapes, transits and
levels. The CONTRACTOR shall be responsible for setting and marking control and
off -set points for measuring distances and angles, for shooting levels, and for any other
items pertaining to construction staking. This item shall not be paid for separately and
shall be considered subsidiary to other bid items.
00900-4-2020 Page 4 Special Conditions
00443643
SECTION 03-ACCESS AND TRAFFIC CONTROL
Access shall be provided for the public and emergency vehicles at all possible times.
When it becomes necessary to restrict access, the CONTRACTOR shall notify the
OWNER and coordinate with the OWNER, all applicable agencies (i.e. Fire
Department,, E.M.S., Public Works, etc.), residents, and affected parties. If emergency
access is required during the work and such access is being hindered by the work, the
CONTRACTOR will suspend the work if necessary, and otherwise endeavor to assist
emergency personnel in accessing a location restricted by the work. Unless otherwise
approved by the E/A, at the end of each day all lanes of traffic shall be opened to the
public. The CONTRACTOR shall ensure comp liance at all times with the accepted
Traffic Control Plan for the project and shall be responsible for all maintenance,
signing and safety precautions necessary for traffic control. These items shall be
included in the bid item Traffic Control.
00900-4-2020 Page 5 Special Conditions
00443643
01000 TECHNICAL SPECIFICATIONS
ITEM 1
GENERAL DESCRIPTION
1.01 SCOPE OF WORK
The Work covered by these Specifications consists of furnishing all labor, equipment,
appliances, materials and performing all operations in connection with the inspection
and testing, complete in accordance with the Plans, and subject to the terms and
conditions of the Contract Documents.
1.02 GOVERNING TECHNICAL SPECIFICATIONS
ITEM 2
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.
CONTROL OF WORK
2.01 CLEAN-UP
2.01.1 CONSTRUCTION SITE
During construction, the CONTRACTOR shall keep the site free and clean from all
rubbish and debris and shall clean-up the site promptly when notified to do so by the
E/A .
The CONTRACTOR shall, at its 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.
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01000-4-2020 Technical Specifications
00443645
2e0le2 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 E/A 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 E/A's satisfaction.
2*02 GRADING
The CONTRACTOR shall do such grading in and adjacent to the construction area
associated with this contract as may be necessary to leave such areas in a neat and
satisfactory condition approved by the E/A.
ITEM 3 EXAMINATION AND REVIEW
3eOl EXAMINATION OF WORK
The work covered under this Contract shall be examined and reviewed by the E/A,
representatives of all governmental entities which have jurisdiction, and the Owner's
Representative. The quality of material and the quality of installation of the
improvements shall be to the satisfaction of the E/A. It shall be the CONTRACTOR's
responsibility for the construction methods and safety precautions in the undertaking
of this Contract.
3eO2 NOTIFICATION
The E/A and the OWNER must be notified a minimum of 24-hours in advance of
beginning construction, testing, or requiring presence of the E/A, Owner's or Owner's
Representative.
3903 CONSTRUCTION STAKING
The E/A shall furnish the CONTRACTOR reference points and benchmarks that, in
the E/A's opinion, provide sufficient information for the CONTRACTOR to perform
construction staking.
3e04 PROTECTION OF STAKES. MARKS. ETC.
All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully
preserved by the CONTRACTOR, and in case of destruction or removal during the
course of this project, such stakes, marks, property comers, etc., shall be replaced by
the CONTRACTOR at the CONTRACTOR's sole expense.
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01000-4-2020 Technical Specifications
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ITEM 4
PROTECTION AND PRECAUTION
1001 WORK IN FREEZING WEATHER
Portions of the work may continue as directed by the E/A.
4*02 PROTECTION OF TREES., PLANTS AND SHRUBS
The CONTRACTOR shall take necessary precautions to preserve all existing trees,
plants and shrubs but where it is justifiable and necessary the CONTRACTOR may
remove trees and plants for construction right-of-way but only with approval of the
E/Ae
4003 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 E/A, 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.
4004 PROPERTY LINES AND MONUMENTS
The CONTRACTOR shall be responsible for the protection, reference and resetting of
property comer monuments if disturbed.
4eO5 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
5eOl 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 betaken 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 E/A
in his sole discretion.
5002 MATERIALS AND WORKMANSHIP
No material which has been used by the IC ONTRACTOR for any temporary purpose
whatever is to be incorporated in the permanent structure without the written consent
of the E/A. Where materials or equipment are specified by a trade or brand name, it is
not the intention of the OWNER to discriminate against an equal product of another
Page 3
01000-4-2020 Technical Specifications
00443645
manufacturer, but rather to set a definite standard of quality for performance, and to
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 E/A. 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 E/A, and the E/A will have the right to require the use of
such specifically designated material, article or process.
Page 4
01000-4-2020 Technical Specifications
00443645
PIPE REPLACEMENT OF POTABLE WATER MAINS USING PRE -CHLORINATED
PIPE BURSTING
GUIDELINE SPECIFICATIONS
A proposed Contractor takes on all responsibility of ensuring that the project accounts for completion of
all requirements, as noted in the other Supplemental Specifications and the City Development
Criteria/Standards Manual.
The Contractor must be prepared to work with the City Utility Engineering and Water Maintenance
Departments to resolve any City concerns during construction.
Any Contractor proposing to perform these methods on the project must meet the experience
requirements listed, provide detailed references, and attend a pre -bid interview at the City's offices.
TABLE OF CONTENTS
SECTION 01 OUTLINE OF METHOD FOR PIPE REPLACEMENT BY PRE -
CHLORINATION
SECTION 02 PRIOR TO PIPE BURSTING
02-01
Contractor Qualifications
02-02
HDPE Pipe Specifications
03-03
Other Product Specifications
02-04
Product Compliance
02-05
Product Handling
02-06
Documentation and Planning
02-07
Notification of Regulatory Authority
02-08
Interruption of Service to End Users
02-09
Joining of Pipe
02-10
Pre -Chlorination of Product Pipe
02-11
Chlorination Solutions
02-12
Hydrostatic Pressure Testing
SECTION 03 PIPE BURSTING OPERATION
03-01 Pit Location and Excavation
03-02 Bursting Machine Location and Shoring
03-03 Rod Payout Operation
03-04 Tooling and Attachment
03-05 Pullback Operation
03-06 Tooling Removal
SECTION 04 AFTER PIPE BURSTING
04-01 Pit condition prior to taps or joining system
04-02 Service Taps and Service Lines
04-03 Post Chlorination
04-04 Service Reinstatement
04-05 Backfill and Surface Reinstatement
04-06 Documentation Finalization
SECTION O1- OUTLINE OF METHOD FOR PIPE REPLACEMENT BY PRE -
CHLORINATION
Assuming all qualifications for skill and materials are met, the Pipe Bursting of Potable Water
Mains by the Contractor using Pre -Chlorinated Pipe will repeat the method, outlined below for
each section of pipe being rehabilitated. These processes maybe performed in series or in parallel
with other sections of pipe within the job; however, each section will require these steps.
a. Deliver notice of service outage to each affected property owner in advance of work.
b. Chlorinate a length of product pipe that yields passing test results for potable water per
AWWA, Regulatory Authority and City standards.
ce Hydrostatic test of the product pipe section per City standards.
d. Excavate a Burst Pit at one end of the section down to pipe grade for placement of the pipe
bursting equipment.
e. Excavate an Insertion Pit at the opposite end of the section down to pipe grade for entry of
the product pipe.
f Excavate Service Connection Pits.
go Isolate the section to be rehabilitated from the rest of the system so as to maintain pressure
integrity of the system as well as preventing any backflow of chlorinated solution or non -
potable water into the system.
h. Excavate and remove hydrant tees and valve tees from the host pipe.
is Rod string to be assembled as it is thrust through the host pipe from Burst Pit to Insertion
Pit.
J Burst tooling and product pipe attached to rod end at Entry Pit.
ko Rod string pulled back and disassembled simultaneously while tooling and product pipe
travels from Insertion Pit to Burst Pit.
I'm Service Connections shall be made to the newly installed main.
Mo Super -Chlorinate main for 15 minutes to 300 ppmo A de -chlorination unit will be used to
neutralize the residual chlorine when flushing. Flush the newly installed main with potable
water.
no Inspect for leaks at new connections.
oe Final connection of the replaced section of pipe into the system.
It should be noted that item "d" through "o" are to be accomplished within a single 10 hour day to
eliminate the need for any temporary services. The length of pipe to be burst per run should be
chosen to conform to this time frame. Items "d" though "F' (excavation items) maybe performed
one day prior to bursting operations to expedite process.,
SECTION 02 - PRIOR TO PIPE BURSTING
02=01 CONTRACTOR PRE -QUALIFICATIONS
To assure quality execution of the method, the contractor shall upon request of the City provide
the following:
a. Experience — the contractor shall provide documented evidence of:
1. Performing 30,000 feet or more of water main replacement using the process of pre -
chlorinated pipe bursting in the United States of America over a minimum of 48-
month period.
2. Performing chlorination of potable water mains per AWWA standards on at least two
(2) projects.
b. Certification
i's Certificate of training endorsed by the manufacturer of the pipe, or pipe bursting
equipment.
2. Certificate of training endorsed by the manufacturer of thermal fusion equipment in
41
butt fusing of HDPE pipe, in lieu of certificate, evidence of training may be
substituted.
3. Certificate of training endorsed by the supplier or manufacturer of HDPE electro-
fusion fusion couplers to be used in the method. In lieu of certificate, evidence of
training may be substituted.
C's Proof of personnel overseeing pre -chlorination process are trained and qualified in all
processes.,
02MO2 HDPE PIPE SPECIFICATIONS
a. HDPE pipe with 4" to 65" diameter shall be PE47 10 conforming to the latest edition of
ANSIUAWWA C906 and ANSI/NSF Standard 61. For potable water applications,
PE4710 compound shall conform to ASTM D3350 minimum Cell classification
PE445574C- CC3. Refer to PPI TN-44 for CC3 calculations.
1.0 HDPE pipes shall be extruded by a PPI member with dependent listings in PPI TR-4
and shall meet the requirements of AWWA C906. Sample list of sizes is shown in
Appendix B.1.
2. Dimensions and tolerances for HDPE pipe and fittings shall meet the requirements of
AWWA C906.
d. Pipe shall be a minimum of DR 13.5 or as directed by the City.
e. Cuts or gouges, per ASTM F585 are acceptable up t 10% of wall thickness. Beyond
10% of wall, damage must be removed by cutting the damaged section from the pipe
string and butt fusing the ends.
f. Markings shall include the following items: Nominal size (such as 12"), outside diameter
base (such as DIPS), dimension ratio (such as DR 17), manufacturer's name or
trademark, standard materials designation code (PE 4710), cell classification (e.g. PE
445574C), PE compound oxidative resistance for potable water (CC3), pressure class
(such as PC 125), standard's designation (AWWA C906), manufacturer's production
code, date of manufacture, mark of the certifying agency for potable water (such as NSF).
Stripe along the length of the pipe shall be blue in color to identify the pipe as potable
water.,
02=03 OTHER PRODUCT SPECIFICATIONS
a. Flanges and Mechanical Joint adapters (MJ adapters) — Flanges and MJ adapters shall
have a material designation code of PE47 10 with a minimum Cell Classification as noted
in Section 2.1.A. Flanges shall be made in accordance with ASTM F2880. MJ adapters
shall be made to ASTM D326 1. Flanges and MJ adapters shall have a pressure rating
equal to the pipe to which it is joined unless otherwise specified on the plans. Markings
for molded or machined flange adapters or MJ adapters shall be per ASTM D3261 0
Mechanical connection of HDPE to auxiliary equipment such as valves, pumps, and
sittings shall use flanges or mechanical joint adapters and other devices in conformance
with the PPI Handbook of Polyethylene Pipe, Chapter 9 and AWWA Manual of Practice
M55, Chapter 6. Mechanical connections shall be manufactured for HDPE pipe and
approved by the connection manufacturer for use with polyethylene pipe.
b. Stiffener inserts per ASTM 240 shall be used for all fittings and connections to HDPE
pipe. Stiffeners shall be 304 stainless steel and be of wedge type design.
ce Service Connection Fittings shall be designed to restrain and to prevent pull-out or
rotation.
d. Pipe Connection Fittings shall meet AWWA C906 and meet or exceed the pressure
requirements of the HDPE Pipe
e All gate valves shall conform to the latest AWWA Resilient Seated Gate Valve Standard
C509 and b UL listed, FM approved as manufactured by CLOW, Mueller, Ford, or
approved equal.
02mO4 PRODUCT COMPLIANCE
a. Certificate of compliance shall be supplied to the City that the Product Pipe is per
specification 02.02 and as specified in the General Requirements Section.
b. All materials (other than those specified above in 02.04.a.) used with the coupling or
connecting HDPE water main must be submitted and approved by the City.
02=05 DELIVERY — STORAGE — HANDLING
a. Handle the pipe in accordance with the PPI Handbook of Polyethylene Pipe, Chapter 2
using approved strapping and equipment rated for the loads encountered., Do not use
chains, wire rope, forklifts or other methods or equipment that may gouge or damage the
pipe or endanger persons or property. Field storage is to be incompliance with AWWA
Manual M55, Chapter 7.
b. Shipped with optional, recyclable, endcaps (suggested)
ce If any gouges, scrapes, or other damage to the pipe results in wall loss 10% or greater (of
the pipe wall thickness), cut out that gouged section and do not use.
02mO6 DOCUMENTATION AND PLANNING
a. Contractor shall submit a plan to the City on a marked Up copy of the Project Drawings
showing the Contractor's construction phasing and plans at the Pre -Construction
Meeting. Plan details should include:
i's Pit locations for pipe insertion and bust machine location.
2. Pit locations for service re -connects.,
3. Schedule of when various sections are to be rehabilitated.
4. Distances of each pull.
5. Isolating points used to seal the system during the pipe burst.
6. Chlorination/De-chlorination logs for each pipe section.
b. The Project Construction drawings provided by the Owner shall be marked by the
contractor to show actual locations of services, fittings, lire hydrants and other
reconnects. These markups shall be done the day of the actual placement. A set of
marked up plans shall be returned to the Owner within 15 days of substantial completion
of job.
b. Chlorination Submission Documents, pipes Pre -Chlorinated with intent to install under
this specification must have a log sheet placed in a sealed waterproof envelope attached
to the pipe at the start of the Chlorination process. This sheet makes up the Chlorination
Submission Documents and shall be delivered to the Authority at the same time as the
marked -up construction drawing. Information on the log sheet shall at a minimum
include:
1. Date of Swabbing
2.9 Date of Chlorinating and amount of chlorine used
I Date of samplings
4. Results of Sample tests
5. Date of pipe installation
6. Date of Pressure Test
7. Makeup water details (if any)
8. End test pressure
9.9 Final pressure test results
100 Location of installation
02mO7 NOTIFICATION OF REGULATORY AUTHORITY
Prior to con mencement of construction, the Owner and the Contractor shall notify the local
regulatory agency (TCEQ or equal) for their project review and oversight. Specifications for the
construction processes and/or plans shall be provided to the agency as required.
02mO8 INTERRUPTION OF SERVICE TO END USERS
a. Interruption of service to end users shall be minimized through the efforts of the
contractor and use of the method outlined within. Outages shall be limited to 8:00 AM to
6:00 PM Monday through Friday. No interruption shall be permitted between 6:00 PM
and 8:00 AM or on Saturday, Sunday or legal holidays without the approval of the owner.
b. Only one (1) line segment may be shut down for rehabilitation at any one moment.
ce End users shall be notified in writing (door hanger, flier, etc.) by the contractor in a
manner approved by the Authority. General notice shall be provided (7) days in advance
if possible. Detailed Notice shall be provided at minimum permissible advance of 48
hours prior to service interruption.
02=09 JOINING OF PIPE
Butt Fusion: The pipe shall be joined by heat fusion of the ends. Prior to fusion the pipe shall be
clean, and the ends shall be cut square. Butt -fusion joining is applicable to pipes that have the
same nominal outside diameter and wall thickness, within one SDR. Field site butt -fusion
system operators shall be trained in the use of the high -quality butt -fusion equipment that secure
and precisely align the pipe ends for the fusion process. Operators shall be trained by the pipe
supplier or manufacturer of the fusing machine and be experienced in the operation of the
equipment. Fusion quality shall be recorded, the recording of the information must be provided
to the Owner. The Owner will review documents within 7 days and identify any fusion records
that mitzht indicate the need to replace an existina fused connection. The recorded fusion
information must meet the standard requirements of ASTM F3124. All fusions failing to meet
these requirements shall be removed and refused. Refer to ASTM F2620, ASTM F3124, ASTM
F3183 and ASTM F3190.
02m10 PRE -CHLORINATION OF PIPE
Chlorination of pipes prior to bursting shall be carried out per ANSI/AWWA C651-99 Standard
for Disinfecting Water Mains and in cooperation with the City's Water Maintenance Department. -
Any information here shall facilitate that method when performed on pipes not yet placed on
grade. In general, the method includes the following:
a. Disinfect all equipment, tools, end caps, pipe fittngs or pro iduct that may contact pipe.
b. Disinfection shall be carried out by immersing or rinsing items in a hypochlorus solution
containing 1 to 5 percent chlorine measured by weight. See details of Chlorination
solution in section 2.11.
co Pipe shall be fused into a string of sufficient length to complete the designated section or
be coiled in a manner suitable for delivery on a pipe reel. Maximum allowable length is
800 feet.
C's The surface upon which the product pipe rests during Chlorination shall be relatively
impervious and free from visible contamination. Coiled pipe must be laid horizontally to
allow all air to be expelled.
d. Swabbing, Chlorination, and testing of the inside diameter of the pipe shall be
accomplished by:
1.0 Swab being inserted at the lowest end of the pipe.
2. Calcium Hypochlorite tablets or granules as described in section 2.11. shall be
placed behind the swab
3. Pressure tight end cap shall be mounted to the low end of the pipe either by
fusing or mechanically assembled to the pipe.
4. Potable water shall be introduced through this end cap at a controlled rate such
10
that the swab is propelled at a velocity less than or equal to one foot per second.,
All air is to be dispelled from the pipe.,
5. Upon discharge of the swab from the elevated end of the pipe, the elevated end
shall be capped with a pressure tight seal. This seal having a tapped access hole
of size at least 1.25" NPT or incorporating the ability to leak (purge) air or water
at will by adjustment of clamping bolts. Additional potable water should be
added after capping to ensure that no air remains between the caps.
6. Pressure testing of the pipe section should be performed per details in section
2.12 upon replacement of the second end cap.
7. Chlorinated solution should be maintained in the pipe for a minimum of 24 hours
prior to flushing when water temperature is above 41 °F (5'C), 48 hours when
water temperature is 41 °F (5°C) or less. Time for retention of the chlorinated
solution shall not be significantly over designated holding time so as to prevent
damage to the pipe or end caps.
8. After designated holding time, the pipe shall be drained, flushed and filled with
potable water so as to expel the highly chlorinated solution. The spent
Chlorinated solution shall not be allowed to enter any water shed, a sanitary
sewer or any other area where environmental damage may occur without
neutralizing it in an industry acceptable manner. Flushing water shall be from a
source known to be of drinking water standard.
9's Test samples shall be taken from each end of the pipe on consecutive days, 24
hours apart. Samples shall be tested by a state certified lab within 30 hours of
being taken.
10's Failure of any sample to pass a bacteriological test should result in the related
section of pipe being re -flushed and retested. Should any sample again fail, the
section must be chlorinated before retest.
lie Time before re -connection of a passing pipe section shall be limited to 14 days
from the last sampling. After this time the pipe must be retested to be acceptable
for use.
12. Drain the section of pipe prior to pipe bursting,, The pipe shall be drained on the
day of the pipe bursting, and sealed after draining and for the pipe bursting
process.
130 Swabs should be designated by the manufacturer as suitable for potable water
system use. Swabs are to be manufactured by Knapp Industries or be of
equivalent design.
02=11 CHLORINATION SOLUTIONS
a. Acceptable forms of chlorine include Calcium Hypochlorite conforming to
ANSI/AWWA B300, preferably in 5 gram tablets, alternately in granular form. Material
must be stored per manufacturer's recommendations.
b. Unacceptable forms of chlorine include Calcium Hypochlorite intended for swimming
pool use.
ce Calcium Hypochlorite tablets shall be placed behind the swab in quantity based on pipe
size and length per ANSI/AWWA C651-99 AWWA Standard for Disinfecting Water
Mains.
d. Calcium Hypochlorite in granular form shall be placed behind the swab in quantity based
on pipe size and length per ANSI/AWWA C651-99 AWWA Standard for Disinfecting
Water Mains..
d. Solutions acceptable for pipe chlorination shall be acceptable for disinfection of
equipment, tools, and caps, pipe fitting or product that may contact pipe.
e Dilute Chlorinated solutions over 7 days old shall be disposed of properly and not used as
a disinfection agent.
02m12 HYDROSTATIC PRESSURE TESTING
a.. Maximum allowable test pressure as referenced by PPI TR-31 shall be 1.5 times the pipe
rated operating pressure (min. test pressure 125 psi) at the lowest point in the section
under test or that of the lowest rated pressure component such as flanges, valves, fittings,
etc.
b. Air trapped in the product pipe must be purged before test.
ce At the discretion of the City, the test method used may be either a Monitored Make-up
Water Test or a Non -monitored Make-up Water Test. Either test shall be performed
above ground without fittings prior to pipe bursting. If damage to the product pipe occurs
during bursting that requires a fused joint repair, the Authority may require re -test, with
or without fittings after bursting.
d. Monitored Make-up Water Test shall be comprised of two stages.
is Initial expansion and stabilization stage. The initial test pressure is applied, and
the system is allowed to stand without make-up water during a 2 to 3 hour period.
During this time, the pipe is allowed to expand and stabilize.
2. Test stage, after the stabilization is complete, the system is pumped back to test
pressure and allowed to sit for 2 additional hours. Water is then added until the
test pressure is attained. Water added shall not exceed that of Table 6.1.
e. Non -monitored Make-up Water Test shall be comprised of two stages.
i's Initial expansion and stabilization state. The initial test pressure is applied, and
the system is allowed to stand without make-up water during a 2 to 3-hour
period. During this time the pipe is allowed to expand and stabilize.
2. Test stage. After the stabilization is complete, the system is pumped back to test
pressure and then reduced by 10 PSI. The pressure shall remain steady, not
falling more than 5%from reduced pressure during a one -hour test period.
3. Total time allotted for test shall not exceed 8 hours. If successful test can not be
completed in this period, then the test section must be depressurized and allowed
to relax for a minimum of 8 hours before retest.
fo Re -test after repair. Should the Authority require test after repair, refer to Equation 6.2
for Leakage Allowance due to sittings for the Monitored Make-up Water Test.
ge Manifest shall be filled out with all pressure test results.
SECTION 03 - PIPE BURSTING OPERATION
The pipe bursting operation described within provides guidance on the basic process. It is to be
understood that the need to make exceptions or additions to this process are common. These
changes are made to accommodate nonstandard conditions. The contractor experience
requirements make it reasonable to put the responsibility of devising these exceptions upon the
contractor.
03=01 PIT LOCATION AND EXCAVATION
a. Burst pit and insertion pit locations shall be placed such that excavations are minimized.
This maybe accomplished by placing either or both pits at the point of a service
connection.
b. Burst length shall be 400' (+/-) 50' in length for first 2 bursts. After soil pipe friction is
evaluated longer burst runs may be performed.
ce All pits shall be shored to ensure worker safety per OSHA or other local regulations.
d. All pits shall be roped off and or covered when not active per OSHA or local regulations
to ensure public safety.
e Traffic control shall be accommodated for by Contractor as per the Contract
specifications. Safe traffic passage around pit excavations that are located in or adjacent
to streets or highways shall meet requirements of City Right-of-way Department. Parking
of related employee vehicles, trucks and auxiliary and equipment shall be such that
congestion and traffic delays are minimized.
f. Utilities intersecting the hose pipe shall be exposed using an excavation technique
appropriate for the utility. This Utility Crossing Pit shall exist prior to commencement of
bursting. Man entry shoring is not required however appropriate safety precautions
should be made.
03=02 BURSTING MACHINE LOCATION AND SHORING
Bursting machines of the static pull style require preparation and planning for the bursting pit that
they are to operate from..
a. Burst pit shall be shored in accordance to 03.01.(c).
b Forward face of the Burst Pit or the surface that the machine bears against while pulling
back, shall be shored in workman like manner. This shoring shall maintain perpendicular
burst machine alignment to the pipe during pullback. Any loss of perpendicular
0
alignment during pull shall result in stopping of the bursting process and improvement of
the forward face shoring..
ce Rearward shoring shall be provided to react rod thrust forces during payout. While these
forces are substantially lower than pullback forces, shoring must be used to stabilize the
bursting machine to maintain perpendicular alignment of the machine during payout. The
weight of the machine can not be depended on to react thrust forces. Hose pipe at rear
face of pit may only be utilized for rearward shoring if scheduled for replacement.
d. Pipe face for Cast Iron, Ductile Iron or PVC shall be cut off using a saw or similar device
to produce a square face for the burst 9 machine forward face to bear against. Final
separation of cast iron pipe with a wedge may provide a clean face. Host Pipe shall be
removed in sufficient length to accommodate burst machine.
e. Burst machine must be positioned to have rod centerline at approximate centerline of host
pipe,.
fe Rod Box delivery and removal between temporary rod storage location and Burst Pit
must be accommodated for with appropriate lifting equipment and techniques.
Additionally, movement and or placement of lifting machine must be included in Traffic
Control plans.
03=03 ROD PAYOUT OPERATION
a. Rod payout is the process of assembling a string of rods and pushing them in a step wise
manner from Burst Pit, through the interior of the hose pipe to Insertion Pit.
b. Lifting of rod boxes into or out of the Burst Pit shall be performed per OSHA or other
applicable requirements with respect to equipment and method.
ce Threads shall be cleaned of foreign matter before assembly.,
do Counting of Rods during payout, or quantity of rods per box shall be monitored such that
the operator is aware of the distance between the burst machine and the lead end of the
rod string.
e. Thrust force should be monitored by the operator. Should an unexpected sudden and
significant increase in thrust force be experienced, the process shall be halted. The
operator or contractor shall review the results of 3.3 (e. 1) with the Authority to remedy
per 3.3 (e.2) in an attempt to determine if offsets, valves or other features or obstruction
exist that may cause the rod string to leave the pipe.
is Front end of the rod string should be located by distance from the Burst Pit.
Location should be painted and compared to as built plans.
2. Appropriate action should be taken to remedy the cause. This action may include
an additional pit at the obstruction to determine the cause, and remove or
accommodate for the obstruction. The decision maybe to continue thrusting if
the obstruction is believed to be encrustation.
f. Host pipe in the Insertion Pit shall be cut or broken prior to arrival of the rod string.
Sufficient length shall be removed so as to allow the Burst Tooling to enter the host pipe
and bend the product within the allowable radius specified by the pipe manufacturer., The
second end of the host pipe in the Insertion Pit shall be positioned or worked so as not to
damage the product pipe as it travels through the Insertion Pit.
910 Workmen shall not enter the Insertion Pit when the rod string is nearing the Pit. A
workman shall be in visual or radio contact with the burst machine operator so as to have
the payout halted in a position that allows attachment of the Burst tooling. Burst tooling
style shall be chosen based on anticipated properties of host pipe and host pipe repairs.
i's Cast Iron or Asbestos Concrete host pipe anticipated to be free of either Ductile
Iron repair sections or Dressor Style Couplings may use a simple conical burst
head with a single or double longitudinal blade.
2. Ductile Iron, PVC or hose pipe with Ductile Iron repair sections or Dressor Style
Couplings require use of a rolling blade cutter (slitter) ahead of the conical
expander.,
03=04 TOOLING AND ATTACHMENT
a. The Product Pipe shall be moved into position for attachment to the rod string.
Appropriate traffic or pedestrian control will be exercised along the path of the Product
Pipe.
b. The lead and second rod shall be painted orange or yellow so as to give notice to the burst
machine operator position of the Burst Tooling.
ce Attachment of the Burst Tooling to the rod shall be through the use of removable pin
joint allowing the tooling to pivot at least 46 degrees to the rod axis.
do Burst head diameter must be a minimum of 15% over size to the outside diameter of the
Product Pipe. Actual size is left to the discretion of the contractor. A greater outside
diameter allows for reduced pipe friction and increases bursting forces pushed and
increases solid pipe placement.
e Attachment of the Product pipe to the Burst Tooling shall be with a swivel that permits
rotation to relieve torsional (twist) stress on the Product pipe.
fe Burst Head shall slide on the rod string such that the rear of the burst head overlaps the
forward end of the Product Pipe to eliminate the chance of damage to the Product Pipe,,
03=05 PULLBACK OPERATION
a. Prior to commencement of pullback, there will be visual or radio contact between
observers stationed adjacent to the Insertion Pit, the Burst Machine operator and a
Product Pipe Observer stationed strategically along the length of the product pipe to
watch for product pipe entanglement with above ground obstructions.
b. The Burst Machine operator will begin the pullback with the OK of the Insertion Pit
Observer. Progress will be made at a slow rate until the Observer sees the Burst Tooling
has completely entered the Host Pipe.
ce Pipe progress will be monitored for the I st 20 feet of pullback by the Insertion Pit
Observer and the Product Pipe Observer.
do As the Burst Tooling nears any Utility Crossing Pit, an observer in radio or visual contact
with the Burst Machine Operator will monitor and control movement of the Burst
Tooling past the utility,.
ce Should the forward shoring upon which the bursting machine bears yield sufficiently to
bring the Bursting Machine out of square to the host pipe, the shoring will be reworked
according to 3.2 (b)e
03mO6 TOOLING REMOVAL
a. Burst Machine Operator shall note rod count and anticipate entry of painted rods into the
Burst Pit. As the Pin Joint Connection nears the Burst Machine forward face, the burst is
to be halted. Load on the forward face is relieved by reversing the rod direction slightly.
b. The Burst Machine Shore Plate is to be removed, allowing the tooling to enter a cage or
the hull of the Burst Machine. The tooling string will be disassembled and removed, in
sections if necessary, until the Product Pipe face has been pulled beyond the face of the
Burst Pit. The distance past the face of the Burst Pit shall be at the discretion of the
contractor anticipating the length required for connection/fusing.
SECTION 04 - AFTER PIPE BURSTING
Upon completion of the pipe bursting, certain tasks must be followed through in order to
complete the overall process.
04=01 PIT CONDITION PRIOR TO TAPS OR JOINING SYSTEM
a. Maintaining sanitary conditions within the product pipe after pipe bursting must take high
priority. Should any foreign matter, including ground water be allowed to enter the pipe
interior, the condition of the pipe is no longer suitable for connection to the system,, For
this reason connections may not be made in standing water. Such water must be pumped
or bailed prior to making the connection or unsealing the pipe. Areas under connections
should be excavated below the pipe invert.
b4l Before joining a surface and before any special surface preparation to accommodate that
joining, external surfaces should be clean and dry. Dust may be removed by wiping with
clean, lint free cloth. Heavier deposits must be washed from the surface with soap and
water and dried with a clean, lint free cloth.
C's Incidental exposure of the interior of the pipe to any foreign matter shall require that one
of the two following remedies be carried out:
I'm Complete chlorination per AWWA specifications for buried pipe.
2. Localized contamination at the end of the pipe may be removed and the
contaminated interior surface of the pipe wiped with a solution of 1 to 5%
hypochlorite disinfecting solution.
04=02 SERVICE TAPS AND SERVICE LINES
a. Service taps shall be of a type approved by the Authority and must meet AWWA C906.
Construction of taps shall be per the manufacturer's recommendation. Acceptable choices
include:
i's Electro-fusion type and/or mechanical saddles with a minimum working pressure
of 100psi
2. Socket Fusion
b. Replacement or rehabilitation of service lines, if required, shall be according to contract.
Note: HDPE pipe is the preferred material for service line replacements to curb stops.
04=03 POST CHLORINATION
The section of main will be super -chlorinated to 300 pp by inserting a swab at one end. The
swab shall travel the entire length of the pipe section.
04mO4 SERVICE REINSTATEMENT
Prior to connection of the newly installed pipe, the section of pipe shall be fully flushed with the
use of a de -chlorination unit and ascorbic acid to neutralize the residual chlorine. Following
flushing, the newly installed section may be connected to the main at both ends and service
reinstated.
04mO5 BACKFILL AND SURFACE REINSTATEMENT
a. Backfill used to restore pits shall be per applicable sewer and water construction
standards applicable in the municipality.
b. Lawn restoration shall be per applicable sewer and water construction standards
applicable in the municipality.
ce Asphalt, concrete, or other roadway surface restoration shall be per applicable sewer and
water construction standards applicable in the municipality.
04=06 DOCUMENTATION FINALIZATION
Within (15) days of completion of the job, all records including manifests, marked up
construction plans or documents pertinent to describing the system as installed shall be provided
to the City.
02000 PLANS, DETAILS AND NOTES
If applicable, insert reference(s) to project plans; details; and notes
(Project map attached.
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Date, 81,215,:2020
N KENSINGTON PLACE
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ROUND ROCK
ASBESTOS -CEMENT WATERLINE REPLACEMENT
TEXAS, 10.O.0