Contract - Atlas Construction Co - 3/25/2021 P'•2424' 03÷
CITY OF ROUND ROCK
Utilities and Environmental Services
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ROUND ROCK TEXAS
Project Manual For:
University Blvd Water Main Extension
February 2021
Prepared By:
Tetra Tech, Inc.
A•PROVED BY DONALD J.BURGER
1-A 82597
CI ATTONEY
41111W ARIA' 711 alp
TBPE Firm Registration No F-3924
University Blvd Water Main Extension
TABLE OF CONTENTS
Section Description No. of Pages
00020 Notice to Bidders 1
00100 Instructions to Bidders 4
Exhibit A 1
00200 Bid Bond 3
00300 Bid Form 9
00410 Statement of Bidder's Safety Experience 5
00500 Agreement 5
00600 Insurance& Construction Bond Forms
Performance & Payment Bond Instructions 1
Insurance Instructions 1
00610 Performance Bond 2
00620 Payment Bond
00650 Certificate of Liability Insurance 1
00700 General Conditions 41
00800 Supplemental General Conditions 2
00900 Special Conditions 5
01000 Technical Specifications
02000 Plans, Details and Notes
8-2016 Table of Contents
00090665
00020 NOTICE TO BIDDERS
INVITATION FOR BID
Sealed bids addressed to Eddie Zapata, Senior Project Manager, City of Round Rock, Utilities and
Environmental Services, 3400 Sunrise Road, Round Rock, TX 78665, for furnishing all labor,material and
equipment and performing all work required for the project titled University Boulevard Water Main
Extension. The project consist of approximately 3,880 Linear Feet of 16-inch waterline, 72 linear feet of
6-inch waterline, 30 linear feet of 30-inch steel encasement by jack and bore, 160 linear feet of 30-inch
steel encasement by open cut, 8-inch meter vault,backflow vault, and appurtenances,will be received until
March 3, 2021 at 2:00 p.m.,then publicly opened and read aloud at the same address. Bid envelopes shall
state date and time of bid and"University Boulevard Water Main Extension Bids must also be accompanied
by a "Statement of Bidder's Safety Experience" included in Section 410 of the Project Manual. No bids
may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time
will be returned unopened.
Bids must be submitted on City of Round Rock bid forms and must be accompanied by an
acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock,Texas
equal to five percent (5%) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to
Bidders may be obtained at https://www.civcastusa.com. Bidders shall be responsible for printing or
obtaining prints of the aforementioned documents as necessary. For questions please contact the City's
Project Manager, Eddie Zapata, (512) 218-6605.
In case of ambiguity,duplication, or obscurity in the bids,the City of Round Rock reserves the right
to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids
and to waive any informalities and irregularities in the bids received.
The successful bidder will be expected to execute the City of Round Rock's standard contract and
to furnish performance and payment bonds, all as described in the bid documents. Contractors and
subcontractors shall pay to laborers, workmen, and mechanics the prevailing wage rates as determined by
the City of Round Rock.
A non-mandatory Pre-Bid conference will be held at 3400 Sunrise Road, Round Rock, Texas on February
24,2021 at 2:00 p.m. Conference will be available virtually by requesting private invite from Eddie Zapata
at ezapata@roundrocktexas.gov
Publication Dates:
Round Rock Leader:
February 11, 2021 and February 18, 2021
Pflugerville Flag:
February 10, 2021 February 17, 2021
10/3/2019
00100 INSTRUCTIONS TO BIDDERS
INSTRUCTIONS TO BIDDERS
1. Prior to submitting any bid,bidders are required to read all drawings(plans),specifications,
and all other Project Manual and/or Contract Documents carefully; to inform themselves
by their independent research, test and investigation of the difficulties to be encountered
and judge for themselves of the accessibility of the Work and all attending circumstances
affecting the cost of doing the Work and the time required for its completion and obtain all
information required to make a bid. The aforementioned documents may only be
obtained from the City's website at the following web address:
www.roundrocktexas.gov/solicitations. Bidders shall be responsible for printing or
obtaining prints of the aforementioned documents as necessary.
2. Should the bidder find discrepancies in, or omissions from the drawings (plans),
specifications, or other Project Manual and/or Contract Documents, or should he be in
doubt as to their meaning, he should notify at once the City and obtain clarification or
addendum prior to submitting any bid. Any addenda issued will be posted with the
documents at the web address mentioned in 1 above no later than two business days
prior to the Bid Opening Date. Prior to submitting a bid,the bidder is responsible for
determining if any addenda have been issued and for following any instructions
required in any addenda issued.
3. It shall be the responsibility of the bidder to see that his bid is received at the place
and time named in the Notice to Bidders in the Project Manual. Bids received after the
scheduled opening time will be returned unopened.
4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the
name of the project,the job number if applicable, and the opening date and time.
5. Bidders shall be responsible for submitting a copy of the City's Bid Form, Bid Bond
Form, and Statement of Bidder's Safety Experience from the Project Manual
documents posted at the web address as described in 1 above.
6. Bids shall be accompanied by a bid security consisting of a certified cashier's check in an
amount not less than five percent (5%) of the total maximum bid price, payable without
recourse to the City of Round Rock,or a bid bond in the same amount from a reliable surety
company, as a guarantee that the bidder will enter into a contract and execute performance
and payment bonds, as stipulated by item 15 below, within ten (10) days after notice of
award of contract to him. Bid securities must be submitted in the same sealed envelope
with the bid. Bids submitted without a bid security may not be considered at the sole
discretion of the City.
Page 1
00100 6-2019 Instructions to Bidders
00426487
7. If awarded the bid, bidder must submit Form 1295 on the Texas Ethics Commission
(TEC) Website at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm
and submit the signed Form 1295 to the City Clerk at swhitena,roundrocktexas.gov
within ten (10) business days of notification of the award. Instructions for completing
a Form 1295 are attached as Exhibit "A" to the Instructions to Bidders.
8. No conditional bids will be accepted.
9. A bidder wishing to withdraw his submitted sealed bid prior to the scheduled bid opening
time must do so by presenting in person a written request signed by an authorized
representative of the bidder to a City employee at the location for which sealed bids are to
be addressed. No telephone, facsimile, or email requests will be accepted. The City will
expend the time and effort that the City in its sole discretion determines is necessary to
investigate the authenticity of a request before complying with a request. The City shall in
its sole discretion determine if the City will comply with a request and the City shall not
be held liable for not complying with a request. If the City does not comply with a request,
the request shall automatically become null and void.
10. A bidder wishing to revise his sealed bid after submittal but before the scheduled bid
opening time must first withdraw his bid as provided for in the Instructions to Bidders and
then submit a sealed bid in accordance with the Instructions to Bidders. No revisions to a
bid will be allowed after the scheduled bid opening time. The bidder shall be responsible
for ensuring the amount of the bid security is as specified in the Instructions to Bidders.
11. All bid securities will be returned to the respective bidders within twenty-five (25) days
after bids are opened,except those which the City elects to hold until the successful bidder
has executed the Agreement. Thereafter, all remaining securities, including security of the
successful bidder, will be returned within sixty (60) days.
12. Until the award of the contract, the City reserves the right to reject any and all bids and to
waive technicalities; to advertise for new bids; or to do the work otherwise when the best
interest of the City will be thereby promoted.
13. In case of ambiguity or lack of clarity in the statement of prices in the bids,the City reserves
the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable
and/or unbalanced prices submitted in a bid may result in rejection of such bid or other
bids.
14. Award of the contract, if awarded,will be made within sixty (60)days after opening of the
bids, and no bidder may withdraw his bid within said sixty (60) day period of time unless
a prior award is made. A Notice to Proceed will be issued within sixty (60) days after
contract Execution Date as defined in the General Conditions.
15. Within ten (10) days after written notification of award of the contract, the successful
bidder must furnish a performance bond and a payment bond in the amount of one hundred
percent (100%) of the total Contract Amount. Said performance bond and payment bond
Page 2
00100 6-2019 Instructions to Bidders
00426487
shall be from an approved surety company holding a permit from the State of Texas,
indicating it is authorized and admitted to write surety bonds in this state. In the event the
bond exceeds$100,000.00,the surety must also (1)hold a certificate of authority from the
United States secretary of the treasury to qualify as a surety on obligations permitted or
required under federal law; or (2) have obtained reinsurance for any liability in excess of
$100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and
is the holder of a certificate of authority from the United States secretary of the treasury to
qualify as a surety or reinsurer on obligations permitted or required under federal law.
In determining whether the surety or reinsurer holds a valid certificate of authority,the City
may rely on the list of companies holding certificates of authority as published in the
Federal Register covering the date on which the bond is to be executed.
16. Failure to execute the Agreement within ten (10) days of written notification of award or
failure to furnish the performance bond and payment bond as required by item 15 above,
shall be just cause for the annulment of the award. In case of annulment of the award, the
bid security shall become the property of the City, not as a penalty, but as liquidated
damages.
17. No contract shall be binding upon the City until it has been signed by its Mayor after having
been duly authorized to do so by the City Council.
18. The Contractor shall not commence Work under the Agreement until he has furnished
certification of all insurance required and such has been approved by the City,nor shall the
Contractor allow any Subcontractor to commence work on his subcontract until proof of
all similar insurance that is required of the subcontractor has been furnished and approved.
The Contractor's insurer shall use the certificate of insurance form included in the bid
documents or the standard ACORD form.
19. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to
arrange for the replacement of a loss,rather than by making a cash payment directly to the
City,the insurance company must furnish or have furnished by bidder,a performance bond
in accordance with Section 2253.021(b), Texas Government Code, and a payment bond in
accordance with Section 2253.021(c).
20. Any quantities given in any portion of the Bid Documents, including the drawings (plans),
are estimates only, and the actual amount of work required may differ somewhat from the
estimates. The basis for payment shall be the actual amount of work done and/or material
furnished as specified in the General Conditions.
21. Bids shall be submitted on a separated contract basis.No Texas sales tax shall be included
in the prices bid for materials consumed or incorporated into the Work. This contract is
issued by an organization which is qualified for exemption pursuant to the provisions of
Section 151.309(5)of the Texas Tax Code. The City will issue an exemption certificate to
the Contractor. The Contractor must then issue a resale certificate to the material supplier
Page 3
00100 6-2019 Instructions to Bidders
00426487
for materials purchased.The Contractor must have a valid sales tax permit in order to issue
a resale certificate.
Upon obtaining consumable materials, the Contractor will issue a resale certificate in lieu of
payment of sales tax, and the following conditions shall be observed;
1) The Contractor will transfer title of consumable, but not incorporated, materials to
the City at the time and point of receipt by the Contractor;
2) The Contractor will be paid for these consumable materials by the City as soon as
practicable. Payment will not be made directly but considered subsidiary to the
pertinent bid item. The Contractor's monthly estimate will state that the estimate
includes consumables that were received during the month covered by the estimate;
and
3) The designated representative of the City must be notified as soon as possible of the
receipt of these materials so that an inspection can be made by the representative.
Where practical,the materials will be labeled as the property of the City.
22. The Contractor, after execution of the contract and pursuant to Internal Revenue Service
(IRS)regulations, shall furnish its Taxpayer Identification Number(TIN)to the City. The
Contractor shall provide the appropriate information on a W-9 form(which can be provided
by the City upon request). This form shall be submitted directly to the City's Accounts
Payable Department to ensure security of the information.
23. If the Bid Form includes Add and/or Deduct Alternate bid items and/or otherwise provides
for Alternate bids, the City will determine whether to select or not select one or more of
the Add and/or Deduct Alternate bid items and/or Alternate bids at the City's sole
discretion and for its greatest advantage. If the City selects any Add and/or Deduct
Alternate bid items, the total bid amount will be determined by adding the amount of the
selected Add Alternate(s)to,and deducting the amount of the selected Deduct Alternates)
from the Base Bid or the selected Alternate bid.
Page 4
00100 6-2019 Instructions to Bidders
00426487
EXHIBIT "A"
FORM 1295 INSTRUCTIONS
Pursuant to Section 2252.90 of the Texas Government Code, as of January 1, 2016, any business entity entering
into a contract with a local government that requires approval of the governing body must submit a disclosure of
interested parties(Form 1295)to the local governmental prior to the execution of the contract. The Texas Ethics
Commission (TEC) has created an electronic filing application for business entities to submit the required
information and generate the required form. The City of Round Rock may not enter into a contract that
requires the approval of the City Council until the business entity files a Form 1295 with the City Clerk.
Please follow the instructions below to file your Form 1295 with the TEC and the City of Round Rock:
• Upon being notified of a bid award,the award recipient("business entity")must go to the following website:
https://www.ethics.state.tx.us/filinginfo/1295/and follow the login instructions on the website application to
complete a Form 1295.
✓ If this is a business entity's first time logging on to the website application,the business entity must
create a Username and Password and then follow the application's instructions to complete a Form 1295.
✓ The City does not have a Contract ID Number System. Please insert 000000 and the project name in this
box. Do not put the resolution number of the initial agreement if this is a supplemental agreement-only
put the project name.
I Even if a business entity has no interested parties, Form 1295 still must be completed using the website
application and filed with the City Clerk. Please note that there are very few instances that a business will
not have any interested parties. Visit the TEC's FAQ page for the definition of an interested party.
✓ If a business is publicly traded,they are exempt from having to complete a Form 1295. Please e-mail the
City Clerk stating such.
• The business entity MUST print and sign the completed Form 1295 once it has been accepted by the TEC
and no longer has DRAFT stamped on it.
I The signed Form 1295 must be scanned and e-mailed directly to the City Clerk at
swhite@roundrocktexas.gov as soon as it is completed. DO NOT send the form back to the Purchasing
Department, Project Manager,or mail it with signed original agreements/contracts.
✓ The City Clerk only has 30 days from receipt to acknowledge the form in the TEC system. If you do not
return it to the City Clerk promptly, and the 30 days has expired when she receives it,you WILL have to
complete another one.
• A new Form 1295 must be done for each contract a business entity enters into with the City, including
Supplementals,Amendments, and Change Orders.
• A Form 1295 cannot be handwritten. It must be completed electronically through the TEC website
application.
If you have any questions regarding the process of filing of Form 1295 with the City, please contact:
Sara White, City Clerk
Phone: (512)218-5404
E-mail: swhite@roundrocktexas.gov
If you have questions regarding the actual form or the online filing application, please visit the TEC's FAQ
page: https://www.ethics.state.tx.us/resources/FAQs/FAQ Form 1295.php
Revised 8/2020
10200 BID BOND
BID BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That Atlas Construction,Corp. of the City of Granite Shoals County
of Burnet State of Texas as Principal, and
authorized under the laws of the State of Texas to act as surety on
bonds for principals,are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS("Owner"),
in the penal sum of Five Percent(5%)of the total amount of the Bid of the Principal submitted to the Owner,
for the Work described below; for the payment whereof,well and truly to be made, and the said Principal
and Surety do herby hind themselves and their heirs, administrators, executors, successors and assigns,
jointly and severally,as follows:
In no case shall the liability of the Surety hereunder exceed the sum of( Five-Percent of Greatest
Amount Bid Dollars($ 5%GAB ).
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas,the Principal has submitted
the above-referenced Bid to the Owner, for construction of the Work under the "Specifications for
Construction of University Blvd Water Main Extension
for which Bids are to be opened at the office of Owner on the 3rd day of
March ,20 21 .
NOW,THEREFORE,if the Principal is awarded the Contract,and within the time and manner required
under the"Instructions to Bidders,"after the prescribed forms are presented to her/him for signature,enters
into a written Agreement substantially in the form contained in the Bid Documents,in accordance with the
Bid, and files the two (2) bonds with the Owner, one to guarantee faithful performance and the other to
guarantee payment for labor and materials,then this obligation shall be null and void;otherwise,it shall be
and remain in full force and effect.
If, however, Principal fails to enter into a written Agreement with the Owner in accordance with the
Bid or Principal and Surety fail to timely deliver to Owner the performance and payment bonds required
by the Bid Documents, Surety within five(5)business days after receipt of a written demand from Owner
shall pay to Owner the full penal sum of this Bid Bond,subject to the limitation described herein.
In the event that suit is brought upon this Bond by the Owner and judgment is recovered,said Surety
shall pay all costs incurred by the Owner in such suit, including a reasonable attorney's fee to be fixed by
the Court.
IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument on this the
3rd day of the month of March 2021 .
Atlas Construction Corp. Philadelphia Indemnity Insurance Company
P i al - Surety
Kenneth Nitsche z!�
- 'tinted Name Printed Name
/1./4/.4i
By- Sa1/104/1'(- -?.- By: / Al,4"/",/ 7/47:4;4
Title: erni,444,{" Title: Attorney-In-Fact
Address: 316 Sunset Drive Address: One Bala Plaza,Suite 100
Granite Shoals,TX 78654 Bala Cynwyd,PA 19004
00200 4-2020 Page 1 Bid Bond
00443638
Resident Agent of Surety:
/7/0>ne.f4
Signature
Kenneth Nitsche
Printed Name
143 E.Austin
Street Address
Giddings,TX 78942
City, State,Zip
Page 2
00200 4-2020 Bid Bond
00443638
•
1262
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza,Suite 100
Bala Cynwyd,PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Robert James Nitsche,Craig Parker,Kenneth Nitsche,Nina
Smith, Gary Nitsche, Robert Nitsche,Randy Croix and/or David Ferguson of The Nitsche Group,its true and lawful Attorney-in-fact with full authority to
execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its
business and to bind the Company thereby,in an amount not to exceed$25,000,000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14th of November,2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings,contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the
authority given. And,be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile,and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND -ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER,2017.
. •s• .. •. .
• •
; •
- •
•-••-• • .
•••• •••
(Seal) - _ ` :• ::.:
Robert D.O'Leary Jr.,President&CEO
Philadelphia Indemnity Insurance Company
On this 27th day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is
the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed.
cp,owleatittaLIN
r.. OOTARIAL�to.«n�po��.�ey€�,�A� Notary Public:1 �tGAZIeNr)frinStrft)'i.�au+�t 3�ortda>Tog,.Fe4oA>�int F:-��E'4f3
Ate c;�ramsniK�Ot�t�D tes ae�Dai.25,21,2
residing at: Bala Cynwyd,PA
(Notary Seal)
My commission expires: September 25,2021
I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 27th day of October,2017 are true and correct and are still in full force and effect.I do further
certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected
President of PHILADELPHIA INDEMNITY INSURANCE COMPANY,
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 3rd day of March ,20 21
.•••••• (2;0
.•
Edward Sayago,Corporate Secretary
•••••:.,••• . •.,•:: .•-
PHILADELPHIA INDEMNITY INSURANCE COMPANY
00300 BID FORM
BID FORM
PROJECT NAME: University Blvd Water Main Extension
PROJECT LOCATION: Round Rock, Texas
OWNER: City of Round Rock, Texas
DATE:
Gentlemen:
Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder
hereby proposes to do all the Work, to furnish all necessary superintendence, labor, machinery,
equipment, tools, materials, insurance and miscellaneous items,to complete all the Work on which he bids
as provided by the attached Bid Documents, and as shown on the plans for the construction of
4070-ft of 16-inch water main
and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work
within the time stated, for the following prices,to wit:
Any addenda issued will be posted with the Project Manual and/or Contract Documents on the
City's website at www.civcastusa.com by the close of business on
March 1, 2021 . Prior to submitting a bid, the bidder is responsible for determining if any
addenda have been issued and for following any instructions in any addenda issued.
Bidder acknowledges receipt of the following Addenda by listing Addendum "number" and "date".
BASE BID
Bid Approx. Item Description
Item Quantity Unit and Written Unit Price Unit Price Amount
1 40 STA Clearing and Grubbing
complete in place per STA
for TWO HUNDRED FIFTY FIVE dollars
and cents. 255 10,200
2 7 CY Flexible Base
complete in place per CY
for FOUR THREE dollars
and EIGHTY SIX cents. 43.86 307.02
00300-9-20 15 Page 1 of 9 Bid Form
BASE BID
Bid Approx. Item Description
Item Quantity Unit and Written Unit Price Unit Price Amount
3 23 CY Controlled Low Strength Material
complete in place per CY
for ONE HUNDRED THIRTY SEVEN dollars
and SEVENTY cents. 137.70 3,167.10
4 2 EA Meter Vault No.4 Structure
complete in place per EA
for TEN THOUSAND SIX HUNDRED THIRTY EIGHT dollars
and SIXTY cents. 10,638.60 21,277.20
5 3880 LF Trench Safety Systems(All Depth)
complete in place per LF
for ONE dollars
and TWO cents. 1'02 3,957.60
6 160 LF 30" Steel Encasement Pipe(Open
complete in place per LF
for ONE HUNDRED FIFTY FOUR dollars
and TWO cents. 154.02 24,643.20
7 30 LF 30" Steel Encasement Pipe(Jack and
complete in place per LF
for FIVE HUNDRED NINETY SIX dollars
and THIRTY SIX cents. 596.36 17,890.80
003OO9-2Ol5 Page 2 of 9 Bid Form
BASE BID
Bid Approx. Item Description
Item Quantity Unit and Written Unit Price Unit Price Amount
8 190 LF 16" Pipe Class 250 Carrier in Casing
complete in place per LF
for ONE HUNDRED EIGHT dollars
SIXTY THREE 20,639.70
and cents. 108.63
3880 LF 16" PVC Pipe(all depths), including
complete in place per LF
for SEVENTY FIVE dollars
75.18 291,698.40
and EIGHTEEN cents.
10 LF 12" PVC Pipe(all depths), including
complete in place per LF
FOURTY SIX
for dollars
and
FIFTY cents. 46.50 279
11 72 LF 6" DI Pipe Class 350(all depths),
complete in place per LF
for THIRY EIGHT dollars
and FORTY EIGHT cents. 38.48 2,770.56
12 14 EA 16" Gate Valves
complete in place per EA
for SIX THOUSAND THREE HUNDRED TEN dollars
and THIRTY SEVEN cents. 6,310.37 88,345.18
00300-9-2015 Page 3 of 9 Bid Form
BASE BID
Bid Approx. Item Description
Item Quantity Unit and Written Unit Price Unit Price Amount
13 1 EA 12" Gate Valve
complete in place per EA
for TWO THOUSAND FIVE HUNDRED FIFTY SIX dollars
and TWELVE cents. 2556.12 2556.12
14 1 EA 8" Gate Valve
complete in place per EA
for ONE THOUSAND SIX HHUNDRED EIGHTY dollars
1680.96 1680.96
and NINETY six cents.
15 4 EA 6" Gate Valve
complete in place per EA
for ONE THOUSAND THREE HUNDRED THIRTY EIGHTdol lars
and TWENTY FOUR cents. 1338.24 5,352.96
16 1 EA 8" Double Check Valve Assembly
complete in place per EA
forTWENTY FIVE THOUSAND NINE HUNDRED THIRTs
and FORTY EIGHT cents. 25,932.48 25,932.48
17 2 EA 2" Automatic Combination
Air/Vacuum Release Valve Assembly
(CAV)
complete in place per EA
for FIVE THOUSAND FOUR HUNDRED ELEVEN dollars
and TEN cents. 5,411.10 10,822.20
00300-9-2015 Page 4 of 9 Bid Form
BASE BID
Bid Approx. Item Description
Item Quantity Unit and Written Unit Price Unit Price Amount
18 4 EA Fire Hydrant Assembly
complete in place per EA
for TWO THOUSAND FOUR HUNDRED EIGHTY FOURdollars
and SEVENTY TWO cents. 2,484.72 9,938.88
19 3 EA Drain Valve Assembly
complete in place per EA
for TWO THOUSAND FIVE HUNDRED TWELVE dollars
and TWENTYSIX cents. 2,512.26 7,536.78
20 4 'TN DI Fittings
complete in place per TN
forSEVEN THOUSAND THREE HUNDRED EIGHTY
for dollars
and EIGHTY NINE cents. 7380.89 29,523.56
21 14 VF Additional Bury Depth
complete in place per VF
for ONE HUNDRED FIFTY SIX dollars
156 2,184
and cents.
22 2 EA Stabilized Construction Entrance
complete in place per EA
for ONE THOUSAND TWO HUNDRED TWENTY FOURdollars
and cents.
1224 2,448
00300-9-2015 Page 5 of 9 Bid Form
BASE BID
Bid Approx. Item Description
Item Quantity Unit and Written Unit Price Unit Price Amount
23 280 LF Temporary Fence
complete in place per LF
for SEVEN dollars
and TWENTY THREE cents. 7'23 2,024.40
24 100 LF Protective Fencing Type C
complete in place per LF
for EIGHT dollars
and TWENTY FIVE cents. 8.25 825
25 3800 LF Silt Fence for Erosion Control
complete in place per LF
for ONE dollars
NINETY NINE 1.99 7562
and cents.
26 4530 SY Native Seeding for Erosion Control
complete in place per SY
for dollars
and SEVENTY EIGHT cents. ,78
3,533.40
27 211 SY Soil Retention Blanket Class 1
complete in place per SY
for TWO dollars
and FIFTY NINE cents. 2.59 546.49
003OO9-2O 15 Page 6 of 9 Bid Form
BASE BID
Bid Approx. Item Description
Item Quantity Unit and Written Unit Price Unit Price Amount
28 96 LF Rock Berm
complete in place per LF
for TWENTY TWO dollars
and FORTY FOUR cents. 22.44 2,154.24
29 1 LS Stormwater Pollution Prevention Plan
— — — (SWPPP)
complete in place per LS
for ONE THOUSAND TWENTY dollars
and cents. 1020 1020
30 1 EA Concrete Washout
complete in place per EA
for ONE THOUSAND THIRTY FIVE dollars
1035 1035
and cents.
31 1 LS Mobilization(not to exceed 5%of
total bid)
complete in place per LS
for THIRTY THOUSAND ONE HUNDRED SIXTY FNEd0113TS
and TWENTY FIVE cents. 30,092.61 30,092.61
00300-9-2015 Page 7 of 9 Bid Form
TOTAL BASE BID (Items 1 thru 31 ) 631,944.84
Materials: 405,994.84
All Other Charges: 225,950
* Total: 631,944.84
* Note: This total must be the same amount as shown above for "Total Base Bid"
If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and
insurance certification as per the Instructions to Bidders.
The undersigned certifies that the bid prices contained in the bid have been carefully checked and are
submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any
informalities or technicalities.
Res ectfully Submitted,
2TLAS CONSTRUCTION, CORD
Signature
HERIBERTO SANCHEZ 316 SUNSET DRIVE, GRANITE
SHOALS
Print Name Address
PRESIDENT 830-596-0496
Title Telephone
ATLAS CONSTRUCTION, CORD
Name of Firm
- 3/3/21 r
Date Secretary, if Bidder is a
_, Corporation
00200-9-2015 Page 8 of 9 Bid Form
e e
ALTERNATE BID 1
Bid Approx. Item Description
Item Quantity Unit and Written Unit Price Unit Price Amount
Remove Base Bid Line Item No. 9.
Instead install 16" DI Pipe(all
depths), including Excavation and
1 3880 LF Backfill(open trench)
complete in place per LF
for EIGHTY FOUR dollars
and SIXTY SEVEN cents. 84.67 $ 328,519.6Q
Remove Base Bid Line Item No. 10.
Instead install 12" DI Pipe(all
depths), including Excavation and
2 6 LF Backfill(open trench)
complete in place per LF
for SEVENTY ONE dollars
and FORTY cents. 71.40 $ 428.40 _
328,948
TOTAL ALTERNATE BID: $ -
STATEMENT OF SEPARATE CHARGES:
Materials: 225,620
All Other Charges: 103,328
*Total: $ 328,948 -
* Note: This total must be the same amount as shown above for"Total Alternate Bid"
BASE BID 631,994.84
ALTERNATE BID $ 328,948.00
TOTAL $ 960,892.84
00410 STATEMENT OF BIDDER'S SAFETY
EXPERIENCE
Page 1
00410 8-2014 Statement of Bidder's Safety Experience
00090654
Solicitation Requirements, Contract Forms & Conditions of Contract
Statement of Bidder's Safety Experience Section 00410
Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure
to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive
Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program
requirements, has not been fined by OSHA for any willful safety violations in the past three
years, and has a lost time injury rate that doesn't exceed the limits established below. All
questions must be answered and data given must be clear and comprehensive. If necessary,
questions may be answered on separate attached sheets.
Company Name: ATLAS CONSTRUCTION, CORP.
Address: 316 SUNSET DR. GRANITE SHOALS TX 78654 phone: 83O5960496
Completed by: ERIKA SANCHEZ Date: 3/1/21
1. Does the company have a written.construction Safety program? 0Yes ❑No
2. Does the company conduct construction safety inspections? Yes No
3. Does the company have an active construction safety-training program? Yes ❑No
4. Has the company been fmed by OSHA for any willful safety violations in the past ElYes ❑✓ No
three years?
5. Does the company have a lost time injury rate of 7.8 for SIC 15,or 7.6 for SIC 16, Efres El No
or less over the past three years?
Attach the company's OSHA 200/300 logs for the past three years.
6. Does the company or affected subcontractors have competent persons in the
following Areas?
A. Scaffolding DYes ONo ON/A
B. Excavation Ej Yes ONo ❑N/A
C. Cranes 0 Yes ONo ❑N/A
D. Electrical DYes ONo ❑✓ N/A
E. Fall Protection ❑✓ Yes ONo ❑N/A
F. Confined Spaces ❑✓ Yes ONo ON/A
I hereby certi I, that the ove ation is true and correct.
Signature ; - • •rporate Secretary
Page 1
00410 8-2014 Statement of Bidder's Safety Experience
00090654
.
Attention:This form corsairs information relating to
employee health and mint be used in a manner that
s Form (Rev. •
prop the confidentiality of employees to the extent Year
2019 ‘1,
Log
Inj
■ possible while the information is being for of Work-Related o u safety health purposes. U.S.Department of Labor
Occupational Safety and Health Administration
You must record nfomatbn about every work-related injury or!pegs that involves bss of consc busness,restricted work a )3b transfer,
ct�Y or days away from work,or medbaf treatment beyond first aid.
� Form approved OMB no.1218-0176
You must also record ssgnficant work-related injuries and messes that are diagnosed by a physician or Ooensed heath care professbnaL You must also record work-related injuries and messes that
meet any of the spedfic recording crkere!hied b 29 CFR 1904.8 through 1904.12.Feel free to use two Ives for a single case I you need to.You must complete an injury ryand iness inddent report Establishment name Atlas Construction,Corp.
(OSHA Form 301)or equivalent form for each injury or'mess recorded on the form.If you're not sure whether a case is recordable,call your bcal OSHA office for help.
City Granite Shoals State Texas
- . . __
.,. , ._ , .. .ldentfv hDescr1bethease
• -- . ., ..,_.... ...rson .iti.b..o..lt ,,,, c , Classifythe:r�i4 ,r
. ..„, .
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_. 0.
Enter the number of days
(A) - (B) (C) (D) (E) (F) CHECK ONLY ONE box for each case based on the most the injured or ill worker Check the Injury column or choose one type of
Case Employee's Name Job Title(e.g., Date of Where the event oared(e.g. Describe injury or illness, of ,and •
parts bodysenor outcome for that case: was: Illness:
No. Welds') injury or Loading dock north end) object/substarce that directly injured or made person ill
onset of (e.g.Seconddegreeburnsonrlghtfcrearmfrom - Mr �>,-_L•,t ,�,r�y. n ,t
!linguae acetylene finch 'w x
On job �.. S
(ma/day) p:,-=',-:::',...,-1,•:.=�e f� _ ._ or- -� _ _ t _ Away transfer
L.,:-.-,--,-------,----'--.,,,,--' , -I 6 cep ,...
,. _ From Work restriction b *g
Job tra 1g
m or Other record- �.,-- •-
(days) � � g s .,,,,,
restriction able cases &I x0 a =
(G) (H) (I) (J) ( i (L) (1) (2) (3) (4) (5) (6)
He tripped and hit the edge of trench box broke his left
1 Ricarcb Hernandez i Labor 12/2 Street ankle
days x 90 days 0 x
A
r '
i
t , 1 • i
4 , r
Page totals o o o 1 o o it o 0 0 0 0
Be sure to transfer these totals to the Summary (Form 300A)beforeyoupost it.
•E b E i
Public reporting burden for fhb coicfbn of nformatbn a estimated to average 14 minutes per response,including time to •-- .cal'a. c
review the instruc tbn,search and gather the data needed,and complete and review the oolec ion of informatbn.Persons ..g `cLi
6 _ t
are not required to respond to the colbctbn of bformatbn unless it delays a cunently�va�d OMB control number.If you have
any comments about these estimates or any aspects of the data colectbn,contact US Department of Labor,OSHA Office of
Statistiss,Room N-3644,200 Conn Ave,NW,Washington,DC 20210.Do not send the completed forms to the office.
Page 1 of 1 (1) (2) (3) (4) (5) (6)
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..
OSE1:-
s Form 300A (Rev. �
01/2004)
. Year 2019
Su; , :mary. of Work-Related Injuries and Illnesses U.S.Department of Labor
Occupational safety and Health Adadnistration
Form approved OMB no.1218-0176
All establishments covered by Pad 1904 must complete this Summary page,even If no injuries or Illnesses
occurred durina the year. Remember to review the Loa to verify that the entries are complete and accurate
Using the Log,count the individual entries you made for each category. Then write the totals below,making Establishment information
sure you've added the entries from every page of the log. If you had no cases write"0."
Employees former employees,and their representatives have the right to review the OSHA Forrn 300 In Its Your establishment name Atlas Construction,Corp.
entirety. They also have limited access to the OSHA Form 301 or its equivalent.See 29 CFR 1904.35,in
n
OSHA's Recordkeeping rule,for further detalls on the access provisions for these forms. Street 316 Sunset Drive
Number of Cases City Granite Shoals State- Texas Zip 78654
Industry description(e.g.,Manufacture of motor truck trailers)
Total number of Total number of Total number of cases with Total number of General o Contract r
deaths cases with days job transfer or restriction other recordable
away from work cases Standard Industrial Classification(SIC),if known(e.g.,
SIC 3715)
0 0 0 1
(G) (H) (I) (J) OR i�rth AmerfCan .
Industrial Classification(NAICS),if known(e.g.,336212)
Number of Days -
Employment information
Total number of days Total number of days of job
away from work transfer or restriction Annual average numberof employees
25
0 0 Total hours worked byall employees lastyear 323 406
,
(K) (L)
Injury and Illness Types
' '' ' .' ''-
Sign here
Total number of... Knowingly falsifying this document mayresult in a fine.
�v sir g
(M)
(1) Injury. 1 (4)Poisoning 0
(2)Skin Disorder 0 (5)Hearing Loss 0
(3)Respiratory I certify that I have examined this document and that to the best of my knowledge the entries are true,accurate,and
Condition complete. `
0 (6)All Other illnesses 0
,. . ,
, . ....,. .
C.--gli' -i .'''"' ' '''''''--.•--- '
Company executive ` Title
r
(45°'91(°'tit./q/CA
,
Post this Summary page from February Ito April30 of the year followingthe covered the form Phone yearby to
Public reporting burden for this collet on of information is estimated b average 58 minutes per response,including true to review the it on,search and gather the
data needed,and complete and review the collection of information.Persons are not required th respond to the coilec ton of information unless it displays a currently
valid OMB control number,If you have any comments about these estimates or any aspects of this data coliecton,contact US Department of Labor,OSHA Office of
Statistics.Room N-3644,200 Constitution Ave,NW.Washington,DC 20210.Do not send the completed forms to this office.
.4?. vr,r
3 �I� V. 1'FY- 4.l. tir<<l� A
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t'
•SHA's
Form 300A 01/2004)(Rev.
Year 2018 4e.,?
Summary of Work-Related U.S.Department of Labor
Occupational Safety and Health Administratioi
1 �
Form approved OMB no.1218-01 1
All establishments coveted by Part 1904 must complete this Summary page,even If no injuries or Illnesses
occurred durina the year.Remember to review the Loa to verify that the entries are complete and accurate
Using the Log,count the Individual entries you made for each category. Then write the totals below,making Establishment information
sure you've added the entries from every page of the log.If you had no cases write'10.1'
Employees former employees,and their representatives have the right to review the OSHA Form 300 in its Your establishment name Atlas Construction,Corp.
entirety.They also have limited access to the OSHA Form 301 or its equivalent See 29 CFR 1904.35,in
OSHA's Recordkeeping rule,for further details on the access provisions for these forms. Street 312 Sunset Drive
Number of Cases S ,,�„ „..,...,.•......,,,,.,,,,_
..
City Granite Shoals State Texas Zip 78654
--, .-----..-_-,..,.---_,---,-.-----,--_-;,,,,,,•:',_,:j,,,,,7-1-:::::_,,,,,,.'A,.;_,Kt,,,,,,,,,
Industry description(e.g.,Manufacture of motor truck trailers)
Total number of Total number of Total number of cases with Total number of General Contractor
deaths cases with days job transfer or restriction other recordable
away from work cases Standard Industrial Classification(SIC),if known(e.g.,SIC 3715)
0 0 0 0
(G) (H) (1) (J) OR North American Industrial Classification(NAICS),if known(e.g.,336212)
• - 4 , -�ra,.i l�:-Fy-r"r•try r�+"I Fti at om�.. M�.�,
.,,.:,r.,•,:::::,,,..:_
S
�- o l !
Number of Days
-, - •-.-_.._ Employment information
R v`. F' _f l�� 3E:.�C, J,
. =....'-.::.'-:-..'..--','.=-7--2:,::::::;.-...--4_,,,,,;..--7-:,,,,:k.'-',:,.,:_ :::-:...W,--4.e.,,,- ,r-1.4--,---,gt':,:,3-Atii,','
Total number of days Total number of days of job
away from work transfer or restriction Annual average number of employees 30
0 0 Total hours worked by all employees last year 379,004
(K) (L)
_ _ ems h,� -R;„,,_
Injuryand Illness'r esv y 4 x r 7 JrkF Yu}�a�n nk ti*
„.,.......„...... ....,......._
,, _ . r,�
r „„,....:
,. _.•,....tiL ..,.....t a�� �� Sign here
,__
Total number of... Knowingly falsifying this document may result In a fine.
(M)
(1) Injury 0 (4) Poisoning 0 ,''
(2) Skin Disorder 0 5 HearingLoss 0 f
(3) Respiratory
I certify that I have examined;this documen nd that to the best of my knowledge the entries are true,accurate,and
.. complete.
,.,
Condition 0 (6)All Other Illnesses 0 , . ,, ..
......., • , ,..., . ,.
,I,,,,,„...................___.,,,_
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r`''„�' j
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• .''''' \ '4:. „'.",.., . - '''''),, ; , ..', , I .,''' 3,' ''', ,i
k'S'
f f„--1.-' ( , i . 4, .,--',„' ;-.4.."-'...j 'r-',;, ,.' ' '
r
, - i .,
Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone fr Date
Public reporting burden for this collection of information is estimated to average 58 minutes per response,including time to review the mstruc ion,search and gather the
data needed,and complete and review the collection of information.Persons are not required to respond to the collection of information unless it displays a currently
valid OMB control number.If you have any c o mments about these estimates or any avects of this data collection,contact US Department of Labor,OSHA Office of
Statistics.Room N4644.2O0 Constitution Ave.NW.Washington,DC 20210.Do not send the completed forms to this office.
IM.. ,.,r.,i•u '.rye.
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OSHA's Form 300A (Rev.01/2004)
Year 2017 •
Summary of Work-Related Injuries and Illnesses U.S.Department of Labor
Occupational Safety and Health Administration
Form approved OMB no.12 8-01
All establishments covered by Part 1904 must complete this Summary page,even if no injuries or Illnesses
occurred durina the year.Remember to review the Loa to verify that the entries are complete and accurate
Using the Log,count the Individual entries you made for each category. Then write the totals below,making Establishment information
sum you've added the entries from every page of the log.If you had no cases write"0."
Employees former employees,and their representatives have the right to review the OSHA Form 300 in Its Your establishment name Atlas Construction,Corp.
entirety. They also have limited access to the OSHA Form 301 or its equivalent.See 29 CFR 1904.35,in
OSHA's Recordkeeping rule,for further details on the access provisions for these forms. Street 312 Sunset Drive
}� City Granite Shoals
= y��,rx ��A-,..�� X�� State Texas Zip 78654
Number of Cases _ _ r�,y� ��.4�x��.���r
Industry description(e.g.,Manufacture of motor truck trailers)
Total number of Total number of Total number of cases with Total number of General Contractor
deaths cases with days job transfer or restriction other recordable
away from work cases Standard Industrial Classification(SIC),if known(e.g.,SIC 3715)
0 0 0 0
(G) (I) (J) OR North American Industrial Classification(NAICS),if known(e.g.,336212)
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00500 AGREEMENT
City of Round Rock,Texas Contract Forms
Standard Form of Agreement: Section 00500
City of Round Rock, Texas
Standard Form of Agreement between
Owner and Contractor
AGREEMENT made as of the -riNevyleftli '( 1 day of in the year 20
2-1
BETWEEN the Owner: City'of Round Rock.Texas(hereafter``Owner"or"City")
221 East Main Street
Round Rock,Texas 78664
and the Contractor Atlas Construction,Corp. ("Contractor")
316 Sunset Drive
Granite Shoals TX 78654
The Project is described as: University Blvd Water Main Extension
The Engineer is: Don Burger,P.E.
Project Manager
Tetra Tech,Inc.
512-338-1667;210-919-2553
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 Page 1 of 5 Standard Form of Agreement
00443647
ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION; DATE OF
FINAL COMPLETION
3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner.
3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed.
3.3 Contractor shall commence Work within ten (10 ) calendar days
from the date delineated in the Notice to Proceed.
3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this
Agreement no later than 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 twenty ( 120 )calendar days from issuance by Owner of Notice to Proceed,subject to
adjustments of this Contract Time as provided in the Contract Documents.
3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the
date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages,
the sum of five hundred and No/100
Dollars($500.00 )for each calendar day that Substantial Completion is delayed after the date(s)
specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled
hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to
achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial
Completion in the Agreement 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 fifty
( 150 )calendar days from issuance by Owner of Notice to Proceed.
ARTICLE 4 CONTRACT SUM
4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's full and complete performance
of the Work and all of Contractor's obligations under this Agreement. The Contract Sum shall be
SIX HUNDRED THIRTY TWO THOUSAND SEVENTEEN AND FORTY EIGHT CENTS
($632,017.48 ),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 Yes .Ifyes,please provide details below:
1."
00500 4-2020 Page 2 of 5 Standard Form of Agreement
00443647
ARTICLE 5 PAYMENTS
5.1 PROGRESS.PAYMENTS
5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for
Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments
on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and
elsewhere in the Contract Documents.
5.1.2 The period covered by each Application.for Payment shall be one calendar month ending on the last day of
the month.
5.1.3 Provided that an Application. for Payment is received by Engineer and Owner, and Engineer issues a
Certificate of Payment not later than the tenth(10th) day of a month, Owner shall make payment to Contractor 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 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the
end of the period covered by the Application for Payment.
5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as provided in Article 14 of the 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
6.1 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 February 2021
7.1.4 The Specifications are those contained in the Project Manual dated February 2021
7.1.5 The Drawings,if any,are those contained in the Project Manual dated February 2021
7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated
February 2021
7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the
Project Manual dated February 2021
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:
PA
ARTICLE 8 MISCELLANEOUS PROVISIONS
8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that
provision as amended or supplemented by other provisions of the Contract Documents.
8.2 Owner's representative is: Eddie Zapata.
Project Manager
3400 Sunrise Rd
Round Rock,TX 78665
8.3 Contractor's representative is: Lewis Young
Project Manager
316 Sunset Drive
Granite Shoals TX 78654
8.4 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 l-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 OF UND ' 0 CK,TEXAS Atlas Construction,Corp
//y/ e4c7
Printed Name: CM f' A NI Printed Name: Heriberto Sanchez
Title Wi A 4)2- Title: President
Date Signed: Z2542 Date Signed: 3)1 g g
ATTEST:
%(11414/‘ 6A4A)
City Clerk
FOR CI Y,; PPROVED S TO FORM:
Ad
_i A iu 1
City Atto ey
00500 4-2020 Page 5 of 5 Standard Form of Agreement
00443647
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",but
they do have to be"elijiible 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.:PB 10549400359
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That Atlas Construction, Corp. , of the City of Granite Shoals
County of Burnet , and State of Texas , as Principal, and
Philadelphia Indemnity Insurance Co 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 Six Hundred Thirty Two Thousand Seventeen Dollars and 48/100
Dollars ($ 632,017.48 ) 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, t e Principal has entered into a certain written Agreement with the Owner dated the
day of Mtj -1f , 20 21 to which the Agreement is hereby referred to
and made a part hereof as fully and to the same extent as if copied at length herein consisting of:
University Blvd Water Main Extension
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
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 18th day of March , 20 21 .
Atlas Construction, Corp. Philadelphia Indemnity Insurance Co.
Principal Surety
WA/VAD &trrAtt Kenneth Nitsche
Printed Name Printed Name
By: - r AiitZ By: Jclo
Title: e 1 Title: Attorney-In-Fact
Address: 316 Sunset Dr. Address: One Bala Plaza, Suite 100
Granite Shoals, TX 78654 Bala Cynwyd, PA 19004
Resident Agent of Surety:
Signature
Kenneth Nitsche
Printed Name
143 E. Austin
Street Address
Giddings, TX 78942
City, State & Zip Code
Page 2
00610 4-2020 Performance Bond
00443639
BOND NO.:PB 10549400359
PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That Atlas Construction, Corp. , of the City of Granite Shoals
County of Burnet , and State of Texas , as Principal, and
Philadelphia Indemnity Insurance Co. 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
Six Hundred Thirty Two Thousand Seventeen Dollars and 48/100
Dollars($ 632,017.48 )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
�r-�'tU dayofkAjP'4f , 20,1to which Agreement is herebyreferred to
'�"� g
and made a part hereof as fully and to the same extent as if copied at length herein consisting of:
University Blvd Water Main Extension
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 WHEREOF, the said Principal and Surety have signed and sealed this Instrument
this 18th day of March , 20 21
Atlas Construction, Corp. Philadelphia Indemnity Insurance Co.
Principal Surety
14 f Kenneth Nitschd _
Printed Name Printed Name
By: - - :
y i� _ . r /4%/gIe-A
i Le_. B y
Title: 0 ,' Title: Attorney-In-Fact
Address: 316 Sunset Dr. Address: One Bala Plaza, Suite 100
Granite Shoals, TX 78654 Bala Cynwyd, PA 19004 _
Resident Agent of Surety:•
/ /1,2001-A
Signature
Kenneth Nitsche
Printed Name
143 E. Austin
Street Address
Giddings, TX 78942
City, State & Zip Code
Page 2
00620 1-2020 Payment Bond
00090656
. ; o
1268
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza,Suite 100
Bala Cynwyd,PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Robert James Nitsche,Craig Parker,Kenneth Nitsche,Nina
Smith, Gary Nitsche, Robert Nitsche, Randy Croix and/or David Ferguson of The Nitsche Group,its true and lawful Attorney-in-fact with full authority to
execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its
business and to bind the Company thereby,in an amount not to exceed$25,000,000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14th of November,2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings,contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the
authority given. And,be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile,and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTP BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER,2017.
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Robert D.O'Leary Jr.,President&CEO
Philadelphia Indemnity Insurance Company
On this 27th day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is
the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed.
POTARAL SEAL
'r"°�t==i
�� Notary Public:
l�Y�ei±c �ime�r�l::�uy
A�vc;a:zess.�ix4ot�'Ex���s�a�,t..24.2:4f
:6111 oe,i2e\l'Sirkecttrio)
4:
residing at: Bala Cynwyd,PA
(Notary Seal)
My commission expires: September 25,2021
I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 27th day of October,2017 are true and correct and are still in full force and effect.I do further
certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected
President of PHILADELPHIA INDEMNITY INSURANCE COMPANY,
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 18th day of March ,20 21
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9 Edward Sayago,Corporate Secretary
.:,.;...•:-:;:- --:.''-.:;:.;-.:::.,---..:-...-:.::' PHILADELPHIA INDEMNITY INSURANCE COMPANY
IMPORTANT NOTICE ADVISO IMPORTANTE
To obtain information or make a complaint: You may Para obener information o para someter una queja:
call the Surety's toll free telephone number for Usted puede Ilamar al numero de telefono gratis de
information or to make a complaint at: para information o para someter una queja al:
1-877-438-7459 1-877-438-7459
You may also write Philadelphia Indemnity Insurance Usted tanbien puede escribir a Philadelphia
Company at: Indemnity Insurance Company:
One Bala Plaza, Suite 100 One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004
Attention: Senior Vice President and Attention: Senior Vice President and
Director of Surety Director of Surety
You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de
to obtain information on companies, coverage, rights Seguros de Texas para obtener information acerca
or complaints at: de companias, coberturas, derechos o quejas al:
1-800-252-3439 1-800-252-3439
You may write the Texas Department of Insurance Puede escribir al Departmento de Seguros de Texas:
at:
P.O. Box 149104 P.O. Box 149104
Austin,TX 78714-9104 Austin, TX 78714-9104
Fax#512-475-1771 Fax#512-475-1771
Web: http:IIwww.tdi.state.tx.us Web: http://www.tdi.state.tx.us
Email: ConsumerProtection • tdi.state.tx.us Email: ConsumerProtection • tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES: Should you have DISPUTAS SOBRE PRIMAS O RECLAMOS: Si
a dispute concerning your premium or about a claim, tiene una disputa concerniente a su prima o a un
you should contact the Surety first. If the dispute is reclamo, debe comunicarse con el Surety primero. Si
not resolved, you may contact the Texas Department no se resuelve la disputa, puede entonces
of Insurance. comunicarrse con el departamento(TDI).
ATTACH THIS NOTICE TO YOUR BOND: This UNA ESTE AVISO A SU FIANZA DE GARANTIA:
notice is for information only and does not become a Este aviso es solo para proposito de information y
part or condition of the attached document. no se convierte en parte o condition del documento
adjunto.
CERTIFICATE OF LIABILITY INSURANCE Date: 03/18/2021
TDI numbe.-required.Please refer to the
PRODUCER: Texas Dept. of Insurance website:
The Nitsche Group
143 I_,Austin,St — �---- --
Giddings gs Texas 78942 COMPANIES AFFORDING COVERAGE TDI
Phone: 979-540-2234 E-mail:n:„:,►►tiutcnhsc►uurraipcu,,, . ___-.._._. �__ —_-__..._.._
A FCCI Insurance Company 10178
INSURED: . __._. .._
Atlas Construction Corp. _ B Texas Mutual Insurance Company___ 22945
316 Sunset Drive C Westchester Surplus Lines Insurance Co. 10172
Granite Shoals,TX 786)4 --� --- -.---.�
Phone: 830-596-0496 E-mail:atlasconstructioncorn2ii D
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations
hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies,
and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS
LTR INSURANCE NUMBER DATE DATE
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
CPP10004431001 04/27/2020 04/27/2021 PRODUCTS-COMP/OP AGG. $ 2.000.000
A
PERSONAL&ADV. INJURY $ l,000,000
EACH OCCURRENCE $ 000(100
FIRE DAMAGE(Any one fire) $
MED. EXPENSE(Any one person) $ lo,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ i 000,1,0(1
A CA10004428801 04/27/2020 04/27/2021 BODILY INJURY(Per person) $
BODILY INJURY(Per accident) $
PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE $ 2.000,00o
A UMB10004431401 04/27/2020 04/27/2021 AGGREGATE $ 2,000,000
WORKERS'COMPENSATION STATUTORY LIMITS $
AND EMPLOYERS'LIABILITY EACH ACCIDENT $ 1.00o.00o
s 0001237009 04/27/2020 04/27/2021 DISEASE-POLICY LIMIT $ 1,000.000
DISEASE-EACH EMPLOYEE $ l,000.000
PROFESSIONAL LIABILITY
BUILDERS'RISK INSURANCE
OR INSTALLATION INSURANCE
Atlas Construction is a water sewer contractor located in
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS Marble Falls.
The City of Round Rock is named as additional insured with respect to all policies except `Workers' Compensation and Employers'
Liability' and `Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date
thereof,the issuing company will mail thirty(30)days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager SIGNATURE OF AGENT LICENSED IN STATE OF TEXAS
City of Round Rock
221 E. Main Street
Round Rock,Texas 78664
Typed Name: RJ Nitsche
License ID:
Page 1
00650 10-2010 Certificate of Liability Insurance
00205796
00700 GENERAL CONDITIONS
City of Round Rock Contract Forms
General Conditions Section 00700
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article Page
Number& Title Number
1. DEFINITIONS.................................................................................................................................................2
2. PRELIMINARY MATTERS.............................................................................................................................5
3. CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE........................................................................7
4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS..........................................................................................................8
5. BONDS AND INSURANCE............................................................................................................................10
6. CONTRACTO ......................................................................16
7. OTHERWORK.........................................................................................................................24..................... .....................................................................24
8. OWNER'S RESPONSIBILITIES.....................................................................................................................25....................................................................................................................25
9. ENGINEER/ARCHITECT' ...............................26
10. CHANGES IN THE WORK.........................................................................................27.............................................................27
11. CHANGE OFCONTRACTAMOUNT.............................................................................................................28............................................................................................................28
12. CHANGE OF CONTRACT TIMES.................................................................................................................31
13. TESTS AND INSPECTIONS;AND CORRECTION
OR REMOVAL OF DEFECTIVE WORK...................... ............................32
14. PAYMENTS TO CONTRACTOR AND COMPLETION..................................................................................35.................................................................................35
15. SUSPENSION OF WOR ......................................................39
16. DISPUTE RESOLUTION.........................................................................................................41............................................................................41
17 RIGHT TOAUDIT......................................................................................................................................42......... ...............................................................................................................................42
18. MISCELLANEOUS.........................................................................................................................................43
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:
1.1 Addenda -Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids
that clarify, correct or change the proposal or bidding requirements or the Contract Documents.
1.2 Agreement-Prescribed form, referenced as Section 00500.
1.3 Alternative Dispute Resolution-The process by which a disputed Claim may be settled if the OWNER and
the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation.
1.4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the
Contract Documents.
1.5 Bid Documents-The advertisement or invitation for bids, instructions to bidders,the bid form,the Contract
Documents and Addenda.
1.6 Calendar Day-Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal
Holidays shall only be conducted with prior express written consent of the OWNER.
1.7 Change Directive-A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in
the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both.A
Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change
Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the
change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order.
1.8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER
authorizing an addition,deletion,or revision to the Contract, issued on or after the Execution Date of the Agreement
and within the Contract term.
1.9 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms,
payment of money, extension of time or other relief with respect to the terms of the Contract.
1.10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the
CONTRACTOR for performance of the Work, as evidenced by the Contract Documents.
1.11 Contract Amount-The amount payable by the OWNER to the CONTRACTOR for completion of the Work
in accordance with the Contract Documents.
1.12 Contract Documents — 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 twenty-four(24) hours measured from midnight to the next midnight will constitute a day.
1.14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has
entered into the Contract.
00700 04-2020 Page 2 General Conditions
1.15 Drawings - Those portions of the Contract Documents which are graphic representations of the scope,
extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been
approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams.
Shop Drawings are not Drawings as so defined.
1.16 Engineer/Architect (E/A) - The 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.
1.17 Equal-The terms"equal"or"approved equal"shall have the same meaning.
1.18 Execution Date-Date of last signature of the parties to the Agreement.
1.19 Field Order-A written order issued by Owner's Representative which orders minor changes in the Work
and which does not involve a change in the Contract Amount or the Contract Time.
1.20 Final Acceptance—The stage in the Contract process when, in the OWNER's opinion, Final Completion of
the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued.
1.21 Final Completion -The stage in the progress of the Work when, in the OWNER's opinion, the entire Work
has been completed,the CONTRACTOR'S obligations under the Contract Documents have been fulfilled, and the
OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of
Acceptance approved by the OWNER.
1.22 Inspector-The authorized representative of any regulatory agency that has jurisdiction over any portion of
the Work.
1.23 Legal Holidays
1.23.1 The following are recognized by the OWNER:
Holiday Date Observed
New Year's Day January 1
Martin Luther King, Jr.'s Birthday Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Friday after Thanksgiving
Christmas Eve December 24
Christmas Day 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.
1.23.4 If Christmas Day falls on a Saturday or a Sunday,the following Monday is observed as the Christmas Day
holiday.
1.24 Milestones-A significant event specified in the Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the Work.
1.25 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR 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.
1.26 OWNER—The City of Round Rock,Texas,a municipal corporation, home-rule city and political subdivision
organized and existing under the laws of the State of Texas, acting through the City Manager or his/her designee,
officers, agents or employees to administer design and construction of the Project.
1.27 Owner's Representative-The designated representative of the OWNER.
1.28 Partial Occupancy or Use- Use by the OWNER of a partially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.
1.29 Project-The total construction of which the Work to be provided under the Contract Documents may be
the whole, or a part, as indicated elsewhere in the Contract Documents.
1.30 Project Manual - That portion of the Contract Documents which may include the following: introductory
information; bidding requirements, Contract forms and General and Supplemental General Conditions; General
Requirements; Specifications; Drawings; Project Safety Manual; and Addenda.
1.31 Proposal—Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described
in the Contract Documents.
1.32 Proposal Documents—The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal
form,the Contract Documents and Addenda.
1.33 Resident Project Representative -The authorized representative of E/A who may be assigned to the site
or any part thereof.
1.34 Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are
specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required
by the Contract Documents.
1.35 Specifications -Those portions of the Contract Documents consisting of written technical descriptions as
applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all
materials, equipment, construction systems, standards,workmanship, equipment and services in order to render a
completed and useful project.
1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions
thereof, may still require minor modifications or adjustments but, in the OWNER's opinion,the Work has progressed
to the point such that all parts of the Work under consideration are fully operational 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
1.37 Subcontractor-An individual, firm, or corporation having a direct contract with the CONTRACTOR for the
performance of a part of the Work.
1.38 Sub-subcontractor-A person or entity who has a direct or indirect contract with a Subcontractor or a Sub-
subcontractor of any tier to perform a portion of the Work.
1.39 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill
instructions from Owner's Representative, and who shall supervise and direct construction of the Work.
1.40 Supplemental General Conditions-The part of the Contract Documents which either amends or
supplements the General Conditions. All General Conditions which are not so amended or so supplemented shall
be considered as remaining in full force and effect.
1.41 Supplier-An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor
or Sub-subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or
any Subcontractor.
1.42 Time Extension Request-An approved request for time extension on a form acceptable to the OWNER.
1.43 Work-The entire completed construction, or the various separately identifiable parts thereof, required to
be furnished under the Contract Documents.
1.44 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which
conditions not under the CONTRACTOR's control will permit work for at least seven(7)hours of the Working Times.
Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be
allowed and, in that event, a Working Day will be counted for each such day.
1.45 Working Times—Times of day(s) during which work may be performed. Unless authorized by Owner's
Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously
authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00
p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work
during hours outside Working Times, such hours shall be considered time worked on Working Day contracts.
Notwithstanding the preceding, emergency work may be done without prior permission only as provided in
paragraph 6.11.5 herein.
1.46 Written Notice-Written communication between the OWNER and the CONTRACTOR. Written Notice shall
be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's
duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the
attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business
address known to the party giving notice.
ARTICLE 2-PRELIMINARY MATTERS
2.1 Delivery of Agreement, Bonds, Insurance,and Other Documentation:
Within ten(10)Calendar Days after written notification of award of Contract,the CONTRACTOR shall deliver to the
OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of
the Contract.
2.2 Copies of Documents:
The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise
specified.
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2.3 Commencement of Contract Times; Notice to Proceed:
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.
2.4 Before Starting Construction:
2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval.
Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The
CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or
discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from
Owner's Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to
the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which
the CONTRACTOR knew or reasonably should have known.
2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later
than the preconstruction conference:
.1 a preliminary progress schedule indicating the times (number of days or dates) for starting and
completing the various stages of the Work, including any Milestones specified in the Contract
Documents, identifying when all Subcontractors will be utilized, and taking into consideration any
limitations on Working Hours;
.2 a preliminary schedule of Shop Drawing and sample submittals;
.3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail
to serve as the basis for progress payments during construction. Such prices will include an appropriate
amount of overhead and profit applicable to each item of Work. 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)" on general safety and trench safety
measures;
.7 if applicable, a trench safety system plan;
.8 if applicable, a plan illustrating proposed locations of temporary facilities;
.9 if applicable, a traffic control plan;
.10 a completed Non-Use of Asbestos Affidavit(Prior to Construction); and
.11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the
Work.
2.5 Preconstruction Conference:
Prior to commencement of Work at the site,a preconstruction conference attended by the CONTRACTOR,Owner's
Representative and others will be held.
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2.6 Initially Acceptable Schedules:
Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's
Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first
progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly
progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the
schedule by Owner's Representative will neither impose on Owner's Representative responsibility for the
sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the
CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample
submissions must provide an arrangement agreeable to the parties for reviewing and processing the required
submittals.
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.
2.7.2 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
3.1 Intent:
3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and
completion of the Work by the CONTRACTOR.The Contract Documents are complementary,and what is required
by one shall be as binding as if required by all. In cases of disagreement, the following order of precedence shall
govern(top item receiving priority of interpretation):
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
3.1.2 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction
industry meanings are used in the Contract Documents in accordance with such recognized meanings.
3.2 Reporting and Resolving Discrepancies:
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 Documents may be amended to provide for additions, deletions and revisions in the Work or
to modify the terms and conditions thereof in one or more of the following ways:
.1 Change Order.
.2 Change Directive.
3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work may be authorized, in one or more of the following ways:
.1 Field Order.
.2 Review of a Shop Drawing or sample.
.3 Written interpretation or clarification.
3.4 Reuse of Documents Prohibited:
The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing
any of the Work under a direct or indirect contract with the OWNER: (I) shall not have or acquire any title to or
ownership rights in any of the Drawings, Specifications or other documents(or copies of any thereof) prepared by
or bearing the seal of E/A or E/A's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other
documents or copies on extensions of the Project or any other project without written consent of the OWNER and
E/A.
ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS;REFERENCE POINTS
4.1 Availability of Lands:
The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which
the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are
designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of
general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to
comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will
be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the OWNER
fails to furnish these lands, rights-of-way or easements in a timely manner, the CONTRACTOR may make a Claim
for adjustments in the Contract Times. The CONTRACTOR shall provide for all additional lands and access thereto
that may be required for temporary construction facilities or storage of materials and equipment.
4.2 Subsurface and Physical Conditions:
4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar
with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and
investigations deemed necessary and proper. 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
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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.
4.2.3 Notwithstanding any other provision of this Contract,the CONTRACTOR shall be solely responsible for the
location and protection of any and all public lines and utility customer service lines in the Work area. For the
purposes of this section,"public lines"means the utility distribution and supply system within public rights-of-way or
easements, and "utility customer service lines" (service) means any utility line connecting a utility customer to the
utility distribution system. Generally, existing service connections within right-of-way or easements are not shown
on the Drawings.The CONTRACTOR shall notify the OWNER and"One Call"and exercise due care to locate and
to mark, uncover or otherwise protect all such lines in the construction zone and any of the CONTRACTOR's work
or storage areas. The CONTRACTOR's obligation hereunder shall be primary and nondelegable. The
CONTRACTOR shall indemnify or reimburse 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.
4.2.4 The CONTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities
of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without
written permission of the OWNER and the Texas Department of Antiquities Protection. When such objects are
uncovered unexpectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's
Representative and the Texas Department of Antiquities Protection of their presence and shall not disturb them
until written permission and permit to do so is granted.All primitive rights and antiquities uncovered on the OWNER's
property shall remain property of the State of Texas,the Texas Department of Antiquities Protection conforming to
the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department
of Antiquities Protection,that exploration or excavation of primitive records or antiquities on Project site is necessary
to avoid loss,the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage
or salvage work causes an increase in the CONTRACTOR's cost of, or time required for, performance of the Work,
the Contract Amount and/or Contract Time may be equitably adjusted.
4.3 Reference Points:
Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and
control points which, in the OWNER's opinion,are suitable for laying out the Work. Such benchmarks and reference
points will be placed at intervals not to exceed 1,500 feet.
All reference points, benchmarks, surrey monuments and control points shall be carefully preserved by the
CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the
CONTRACTOR or its employees, such reference points, benchmarks, survey monuments,and control points shall
be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points,
benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the
OWNER's responsibility during or upon completion of the Work.
4.4 Hazardous Materials:
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4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was
not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may
present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The
CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials
encountered before or during performance of the Work and shall take all necessary precautions to avoid further
disturbance of the materials.
4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the
CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible.
4.4.3 No asbestos-containing materials shall be incorporated into the Work or brought on the Project site without
prior approval of the OWNER.
4.4.4 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
5.1 Surety and Insurance Companies:
All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance
companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the
limits and coverages required by the Contract Documents.The bonds shall be in a form acceptable to the OWNER
and shall be issued by a surety which complies with the requirements of 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 10% of the surety's
capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the
U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in
Texas and holds a certificate of authority from the U.S. Secretary of the Treasury.
5.2 Workers'Compensation Insurance Coverage:
5.2.1 Definitions:
.1 Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to
self-insure issued by the commission, or a coverage agreement showing statutory workers'
compensation insurance coverage for the person's or entity's employees providing services on the
Project,for the duration of the Project.
.2 Duration of the Project - includes the time from the beginning of the Work on the Project until the
CONTRACTOR's/person's Work on the Project has been completed and accepted by the OWNER.
.3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities
performing all or part of the services the CONTRACTOR has undertaken to perform on the Project,
regardless of whether that person contracted directly with the CONTRACTOR and regardless of
whether that person has employees. This includes, by way of illustration and not of limitation,
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.
5.2.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44)for all employees of the CONTRACTOR providing services on the Project, for the duration of
the Project.
5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of
coverage.
5.2.4 If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the
duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of
coverage with the OWNER showing that coverage has been extended.
5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the
OWNER:
.1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have
on file certificates of coverage showing coverage for all persons providing services on the Project; and
.2 no later than seven(7)days after receipt by the CONTRACTOR,a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during
the duration of the Project.
5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for
one(1)year thereafter.
5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10)
days after the CONTRACTOR knew or should have known of any change that materially affects the provision of
coverage of any person providing services on the Project.
5.2.8 The CONTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the
Project that they are required to be covered, and stating how a person may verify coverage and report lack of
coverage.
5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on
a Project to:
.1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of
any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section
401.011(44)for all of its employees providing services on the Project,for the duration of the Project;
.2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing services
on the Project,for the duration of the Project;
.3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage
ends during the duration of the Project;
00700 04-2020 Page 11 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) a new certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the duration
of the Project;
.5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year
thereafter;
.6 notify the OWNER in writing by certified mail or personal delivery within ten (10)days after the person
knew or should have known of any change that materially affects the provision of coverage of any
person providing services on the Project; and
.7 contractually require each person with whom it contracts,to perform as required by paragraphs 5.2.9.1
- 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing
services.
5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the
CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services
on the Project will be covered by workers'compensation coverage for the duration of the Project,that the coverage
will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the
CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the
breach within ten (10)days after receipt of notice of breach from the OWNER.
5.3 Contractor Insurance Requirements:
For specific bond requirements and additional insurance requirements, refer to the Supplemental General
Conditions.
5.3.1.1 General Requirements:
.1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of
the Contract, which shall include items owned by OWNER in the care, custody and control of
CONTRACTOR prior to and during construction and warranty period.
.2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER
before the Contract is executed as verification of coverage required below. CONTRACTOR shall
not commence Work until the required insurance is obtained and until such insurance has been
reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability
of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of
CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of
Insurance to OWNER whenever a previously identified policy period has expired as verification of
continuing coverage.
.3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the
State of Texas at the time the policies are issued and shall be written by companies with A.M. Best
ratings of B+VII or better, except for hazardous material insurance which shall be written by
companies with A.M. Best ratings of A-or better.
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 OWNER-owned property is being transported or stored off-site by CONTRACTOR, then the
appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect
OWNER's property.
.13 The insurance coverages required under this contract are required minimums and are not intended
to limit the responsibility or liability of CONTRACTOR.
5.3.1.2 Business Automobile Liability Insurance.
Provide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following
endorsements in favor of OWNER:
a) Waiver of Subrogation endorsement TE 2046A;
b) 30 day Notice of Cancellation endorsement TE 0202A; and
c) Additional Insured endorsement TE 9901 B.
Provide coverage in the following types and amounts:
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.1 A minimum combined single limit of$500,000 per occurrence for bodily injury and property damage.
Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per
occurrence and at least$100,000 property damage liability each accident.
5.3.1.3 Workers'Compensation and Employers' Liability Insurance:
Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act
(Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two(2)copies of
a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person
providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance
must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance
coverage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's
policy shall apply to the State of Texas and include these endorsements in favor of OWNER:
a) Waiver of Subrogation,form WC 420304; and
b) 30 day Notice of Cancellation,form WC 420601.
The minimum policy limits for Employers' Liability Insurance coverage shall be as follows:
.1 $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000
bodily injury by disease each employee.
5.3.1.4 Commercial General Liability Insurance.
The Policy shall contain the following provisions:
a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts
relative to this Project.
b) Completed Operations/Products Liability for the duration of the warranty period.
c) Explosion, Collapse and Underground (X, C& U)coverage.
d) Independent Contractors coverage.
e) Aggregate limits of insurance per project, endorsement CG 2503.
f) OWNER listed as an additional insured, endorsement CG 2010.
g) 30 day notice of cancellation in favor of OWNER, endorsement CG 0205.
h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404.
Provide coverages A&B with minimum limits as follows:
.1 A combined bodily injury and property damage limit of$500,000 per occurrence.
5.3.1.5 Builders' Risk Insurance.
CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical
loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER.
OWNER shall be a loss payee on the policy. If off site storage is permitted,coverage shall include transit
and storage in an amount sufficient to protect property being transported or stored.
5.4 Bonds:
00700 04-2020 Page 14 General Conditions
5.4.1 General.
.1 Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All
bonds signed by an agent must be accompanied by a certified copy of such agent's authority to
act.
.2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent
or its right to do business is terminated in the State of Texas or it ceases to meet the requirements
of the preceding paragraph, CONTRACTOR shall within ten(10)days thereafter substitute another
bond and surety, both of which must be acceptable to OWNER.
.3 When Performance Bonds and/or Payment Bonds are required,each shall be issued in an amount
of one hundred percent (100%) of the Contract Amount as security for the faithful performance
and/or payment of all CONTRACTOR's obligations under the Contract Documents. Performance
Bonds and Payment Bonds shall be issued by a solvent surety company authorized to do business
in the State of Texas, and shall meet any other requirements established by law or by OWNER
pursuant to applicable law. Any surety duly authorized to do business in Texas may write
Performance and Payment Bonds on a project without reinsurance to the limit of 10 percent of its
capital and surplus. Such a surety must reinsure any obligations over 10 percent.
.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.
5.4.2 Performance Bond.
.1 If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a
Performance Bond in the form set out by OWNER.
.2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000, CONTRACTOR
shall furnish OWNER with a Performance Bond in the form set out by OWNER, unless the original
Contract Time is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can
agree to the following terms and conditions for payment in lieu of providing a Performance Bond:
no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER;
CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion,
and the remaining 5%of the Contract Amount following the one year warranty period.
.3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to
furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until
completion and acceptance of the Work by OWNER under the following terms and conditions:
CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion,
and the remaining 5%of the Contract Amount following the one year warranty period.
.4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period.
5.4.3 Payment Bond.
.1 If the Contract Amount exceeds $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
5.4.2.3.
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ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
6.1 Supervision and Superintendence:
6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently,devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance
with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the
CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of
construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with
the Contract Documents.
6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times
that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume
of the proposed Superintendent to Owner's Representative showing evidence of experience and successful
superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's
Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she
will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced
without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the
Superintendent,the CONTRACTOR shall provide the necessary information for approval, as stated above, on the
proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the
designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's
Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the
Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's
representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications
given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the
Superintendent shall provide an emergency and home telephone number at which one or the other may be reached
if necessary when work is not in progress.
6.2 Labor,Materials and Equipment:
6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the
type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their
employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or
controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated,or under
the influence of alcohol or drugs,on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR
that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations,
has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such
worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times
maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR
shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as
evidence thereof.
6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor,
transportation, construction equipment and machinery,tools, appliances,fuel, power, light, heat,telephone,water,
sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing,
performance, re-testing of defective work, start-up and completion of the Work.
6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled
materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the
CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of
compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and
equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with instructions of the applicable Supplier,except as otherwise provided in the Contract
Documents.
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6.2.4 Substitutes and"Approved Equal" Items:
6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to
establish the type,function and quality required. Unless the specification or description contains words reading that
no like, equivalent or"approved equal"item or no substitution is permitted, other items of material or equipment of
other Suppliers may be submitted to Owner's Representative under the following circumstances:
.1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an item of equipment
proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no
change in related Work will be required, it may be considered by the OWNER as an"approved equal"
item, in which case review of the proposed item may, in the OWNER's sole discretion, be accomplished
without compliance with some or all of the requirements for evaluation of proposed substitute items.
The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to
make its determination.
.2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment
proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph
6.2.4.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit
sufficient information to allow the OWNER to determine that the item of material or item of equipment
proposed is essentially equivalent to that named and a substitute therefor.
6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or
procedure of construction is shown or indicated in and expressly required by the Contract Documents, the
CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique,
sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's
Representative to allow the OWNER, in the OWNER's sole discretion,to determine that the substitute proposed is
equivalent to that expressly called for by the Contract Documents.
6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole
judge of acceptability. No"approved equal"or substitute shall be ordered, installed, or utilized until the OWNER's
review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review
procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special
performance guarantee or other surety bond with respect to any"approved equal"or substitute. The OWNER shall
not be responsible for any delay due to review time for any"approved equal"or substitute.
6.2.4.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed
"approved equal"or substitute item will be at the CONTRACTOR's expense.
6.2.5 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against
its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements.
The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits
against Suppliers for illegal price fixing.
6.3 Progress Schedule:
Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance
with paragraph 2.6 as it may be adjusted from time to time as provided below:
.1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in
the progress schedule that will not change the Contract Times or Milestones. Such adjustments will
conform generally to the progress schedule then in effect.
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.2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall
be submitted in accordance with the requirements of Article 12. Such adjustments may only be made
by a Change Order or Time Extension Request in accordance with Article 12.
6.4 Concerning Subcontractors,Suppliers and Others:
6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment
of this Contract. The CONTRACTOR agrees not to,by Power of Attorney or otherwise,assign said Contract without
the prior written consent of the OWNER.
6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor,
Supplier or other person or organization,whether initially or as a substitute, against whom the OWNER may have
reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers,
or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction
conference. Should the OWNER have objections,the OWNER will communicate such objections by Written Notice.
If the OWNER requires a change without good cause of any Subcontractor, person or organization previously
accepted by OWNER,the Contract Amount may be increased or decreased by the difference in the cost occasioned
by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute
any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been
accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person
or organization shall constitute a waiver of any right of the OWNER to reject defective Work.
6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which
specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents
for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall
be adhered to by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract
Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and
Subcontractor or Supplier.
6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the
Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a
direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any
such Subcontractor, Supplier or other person or organization any contractual relationship between the OWNER and
any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of
the OWNER or E/A to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or other
person or organization except as may otherwise be required by laws and regulations.
6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a
direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers
and such other persons and organizations performing or furnishing any of the Work to communicate with Owner's
Representative through the CONTRACTOR.
6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the
CONTRACTOR in dividing or delineating the Work to be performed by any specific trade.
6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made
to the CONTRACTOR not later than ten(10)Days after the CONTRACTOR's receipt of payment from the OWNER.
6.5 Patent Fees and Royalties:
6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights
encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the
performance of the Work or the formulation or presentation of its Bid.
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.
6.6 Permits, Fees:
Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for
all construction permits, licenses and fees required for prosecution of the Work.
OWNER will obtain and pay for the following permits, licenses and/or fees, if required:
.1 Site Development Permit.
.2 Building Permit(s).
.3 Texas Department of Transportation permit for work in State rights-of-way.
.4 Railroad Utility License Agreement.
6.7 Laws and Regulations:
6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing
and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither
the OWNER nor E/A shall be responsible for monitoring the CONTRACTOR's compliance with any laws and
regulations.
6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State
and local laws and regulations, including those concerning control and abatement of water pollution and prevention
and control of air pollution.
6.7.3 If the CONTRACTOR performs any Work 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.
6.8 Taxes:
6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the
CONTRACTOR in accordance with the laws and regulations of the State of Texas.
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6.8.2 The OWNER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and
is thereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas
Tax Code, and Chapter 321, Texas Tax Code.
6.9 Use of Premises:
6.9.1 The CONTRACTOR shall confine construction equipment,the storage of materials and equipment and the
operations of workers to the site and land and areas identified in and permitted by the Contract Documents and
other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not
unreasonably encumber the premises with construction equipment or other materials or equipment. The
CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim
be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall
promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding
or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, E/A's consultants and
anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages
(including court costs and reasonable attorneys' fees) arising out of or resulting from any claim or action, legal or
equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified
hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work.
6.9.2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free
from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the
Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as
well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR
shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The
CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the
Contact Documents.
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'
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 be affected by the Work;
.2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the
site; and
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).
6.11.3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety
representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining
and supervising of safety precautions and programs. Upon request of the OWNER, the CONTRACTOR shall
provide certifications or other documentation of the safety representative's qualifications. 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.
6.11.5 Emergencies:
6.11.5.1 In emergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto,
the CONTRACTOR, without special instruction or authorization from the OWNER or E/A, is obligated to act
reasonably to prevent threatened damage, injury or loss and to mitigate damage or loss to the Work. The
CONTRACTOR shall give Owner's Representative prompt written notice if the CONTRACTOR believes that any
significant changes in the Work or variations from the Contract Documents have been caused thereby. If Owner's
Representative determines that a change in the Contract Documents is required because of the action taken by the
CONTRACTOR in response to such an emergency,a Change Directive or Change Order will be issued to document
the consequences of such action; otherwise the OWNER will not be responsible for the CONTRACTOR's
emergency action.
6.11.5.2 Authorized agents of the CONTRACTOR shall respond immediately to call-out at any time of any day
or night when circumstances warrant the presence on Project site of the CONTRACTOR or its agent to protect the
Work or adjacent property from damage, restriction or limitation or to take such action or measures pertaining to
the Work as may be necessary to provide for the safety of the public. Should the CONTRACTOR and/or its agent
fail to respond and take action to alleviate such an emergency situation, the OWNER may direct other forces to
take action as necessary to remedy the emergency condition,and the OWNER will deduct any cost of such remedial
action from the funds due to the CONTRACTOR under this Contract.
6.11.5.3 In the event there is an accident involving injury to any individual on or near the Work, the
CONTRACTOR shall notify Owner's Representative within twenty-four (24) hours of the event and shall be
responsible for recording the location of the event and the circumstances surrounding the event through
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 be performed in a good and
workmanlike manner in accordance with the Contract Documents and will not be defective. The CONTRACTOR's
warranty and guarantee hereunder excludes defects or damage caused by:
.1 abuse, modification or improper maintenance or operation by persons other than the CONTRACTOR,
Subcontractors or Suppliers; or
.2 normal wear and tear under normal usage.
6.13.2 The CONTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in
accordance with the Contract Documents shall be absolute. None of the following will constitute acceptance of
Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform
the Work in accordance with the Contract Documents:
.1 observations by Owner's Representative and/or E/A;
.2 recommendation of any progress or final payment by Owner's Representative;
.3 the issuance of a certificate of Substantial Completion or any payment by the OWNER to the
CONTRACTOR under the Contract Documents;
.4 use or occupancy of the Work or any part thereof by the OWNER;
.5 any acceptance by the OWNER or any failure to do so;
.6 any review of a Shop Drawing or sample submittal;
.7 any inspection, test or approval by others; or
.8 any correction of defective Work by the OWNER.
.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.
6.14 Indemnification:
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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 unreasonably delays progress of the work being done by others on the
site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the
OWNER for such loss.
6.15 Survival of Obligations:
All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with
the Contract Documents, as well as all continuing obligations indicated in the Contract Documents,will survive final
payment, completion and acceptance of the Work and termination or completion of the Agreement.
6.16 Losses from Natural Causes:
Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be
done or from action of the elements,floods or from unforeseeable circumstances in prosecution of the Work or from
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.
6.18 Liquidated Damages:
At set forth in the Agreement,paragraph 1.2,the CONTRACTOR or its Surety shall be liable for Liquidated Damages
for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract Time. See
Supplemental Conditions for amount of Liquidated Damages.
ARTICLE 7-OTHER WORK
7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let
other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay
or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as
provided in Article 11 or Article 12.
7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility
owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper
and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment
and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless
otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the
Work that may be required to make its several parts come together properly and integrate with such other work.
The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work
and will only cut or alter their work with the written consent of Owner's Representative and the other contractors
whose work will be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR
to completed or partially completed construction or to property of the OWNER or separate contractors.
7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed
by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's
Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or
unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to
report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's
Work except for latent or non-apparent defects and deficiencies in such other work.
7.4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each
separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR
shall participate with other separate contractors and Owner's Representative in reviewing their construction
schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule
deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the
schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised.
7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective
construction shall be borne by the party responsible therefor.
7.6 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
8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's
Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall
issue all communications to the CONTRACTOR through Owner's Representative.
8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the
CONTRACTOR'S means, methods,techniques, sequences or procedures of construction or the safety precautions
and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR to comply with
laws and regulations applicable to furnishing or performing the Work. The OWNER is not responsible for the
CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or
omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the
CONTRACTOR from the obligation to properly and fully perform the Contract.
8.3 The OWNER is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor,
any Supplier, or of any other person or organization performing or furnishing any of the Work.
8.4 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable
promptness to avoid delay in the orderly progress of the Work.
8.5 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and
especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference
Points),Article 7(Other Work)and Article 14(Payments to the CONTRACTOR and Completion).
8.6 Notice of Claim:
Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the
CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the
CONTRACTOR is liable, a 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
9.1 E/A's Authority and Responsibilities:
9.1.1 The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the
Contract Documents and shall not be extended without written consent of the OWNER and E/A. The assignment
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 the CONTRACTOR's
means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs
incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations
applicable to the furnishing or performing the Work. E/A is not responsible for the CONTRACTOR's failure to
perform or furnish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover, or
object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to
properly and fully perform the Work.
9.1.3 E/A is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any
Supplier, or of any other person or organization performing or furnishing any of the Work.
9.1.4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying
documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of
inspection,tests and approvals and other documentation required to be delivered by Article 14,but only to determine
generally that their content complies with the requirements of, and in the case of certificates of inspections, tests
and approvals that the results certified indicate compliance with,the Contract Documents.
9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's
Consultants, Resident Project Representative and assistants.
9.2 E/A as Owner's Representative:
9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1.
9.3 Visits to Site:
If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction
as is necessary in order to observe as an experienced and qualified design professional the progress that has been
made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained
during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is
proceeding in accordance with the Contract Documents. E/A will not be required to make exhaustive or continuous
on-site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for
the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On
the basis of such visits and on-site observations, E/A will keep the OWNER informed of the progress of the Work
and will endeavor to guard the OWNER against defective Work. E/A's visits and on-site observations are subject
to all the limitations on E/A's authority and responsibility set forth in paragraph 9.1.
9.4 Project Representative:
If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more
continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project
Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions.
The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A,
E/A's consultant, agent or employee.
9.5 Clarifications and Interpretations:
E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in
the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent
with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness
by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the
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.
9.6 Rejecting Defective Work:
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
10.1 Changes:
10.1.1 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 Documents, and the
CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field
Order.
10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the
Contract Times with respect to any Work performed that is not required by the Contract Documents as amended,
modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an
emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4.
10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change Order or Change Directive
is required before the CONTRACTOR commences any activities associated with a change in the Work which, in
the CONTRACTOR's opinion,will result in a change in the Contract Amount and/or Contract Times.
10.1.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Amount or Contract Times) is required by the provisions of any Bond to be
given to a surety,the giving of any such notice will be the CONTRACTOR'S responsibility, and the amount of each
applicable Bond will be adjusted accordingly.
10.2 Change Orders:
10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Amount, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the
Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence
or event causing the change in the Work encompassed by the Change Order.
10.3 Change Directives:
10.3.1 The OWNER may by written Change Directive,without invalidating the Contract,order changes in the Work
within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount
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 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work
involved.
10.4 Field Order:
10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible
with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.
These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR
who shall perform the Work involved promptly.
10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount
and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change
Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be
made in writing prior to beginning the work covered by the Field Order.
10.5 No Damages for Delay:
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.
11.2 The original Contract Amount may not be increased by more than twenty-five percent(25%)and it may not
be decreased more than twenty-five percent(25%)without the consent of the CONTRACTOR to such decrease.
11.3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the
Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly
(but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim
and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be
delivered within thirty(30)calendar days after Written Notice of Claim is delivered by claimant, and shall represent
that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence
or event. If the OWNER and the CONTRACTOR cannot otherwise agree,all Claims for adjustment in the Contract
Amount shall be determined as set out in Article 16.
11.4 Determination of Value of Work:
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:
.1 by application of unit prices contained in the Contract Documents to the quantities of the items involved.
.2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to
permit evaluation.
.3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit(determined as provided
in paragraph 11.5).
11.4.2 Before using the method described in paragraph 11.4.1.3, the OWNER and the CONTRACTOR agree to
negotiate a Change Order using the methods identified in paragraph 11.4.1.1 and paragraph 11.4.1.2, as
appropriate,to determine the adjustment in the Contract Amount.
11.5 Cost of Work:
If neither of the methods defined in paragraph 11.4.1.1 or paragraph 11.4.1.2 can be agreed upon before a change
in the Work is commenced which will result in an adjustment in the Contract Amount, 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-eve percent (55%) of the wages paid personnel,
excluding the twenty-five(25%)compensation provided above,will be paid to the CONTRACTOR. The
actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid based on invoices from
surety. No charge for superintendence will be made unless considered necessary and ordered by the
OWNER.
.2 The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on
such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as
compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. In
case material invoices indicate a discount may be taken,the actual cost will be the invoice price minus
the discount.
.3 For machinery,trucks, power tools,or other similar equipment agreed to be necessary by the OWNER
and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest
edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide" as
published by Dataquest for each hour that said tools or equipment are in use on such work,which rate
includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the
equipment for the CONTRACTOR's overhead and profit.
.4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected
Subcontractor as payment in full for work done by Change Directive and will include use of small tools,
and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall
compare records of work done by Change Directive at the end of each day. Copies of these records
will be made upon forms provided for this purpose by the OWNER and signed by both Owner's
Representative and the CONTRACTOR,with one(1)copy being retained by the OWNER and one(1)
by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records within two (2)working
days of presentation does not invalidate the accuracy of the record.
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11.6 Unit Price Work:
11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the
Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established
unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated
in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose
of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and
classifications of unit price work performed by the CONTRACTOR will be made by Owner's Representative.
Owner's Representative will review with the CONTRACTOR the preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an Application for Payment or otherwise).
11.6.2 When "plan quantity" is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in
the Contract Documents without any measurements.
11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to
cover the CONTRACTOR's overhead and profit for each separately identified item.
11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five
percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid
quantities and Contract unit prices.
11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in
accordance with Article 11 if:
.1 the actual quantity of any Major Item should become as much as twenty percent(20%) more than or
twenty percent(20%) less than in the Bid; or
.2 The CONTRACTOR presents proper documentation contesting the accuracy of"plan quantity," and
Owner's Representative verifies quantity and determines original quantity is in error by five percent
(5%)or more.
17.6.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:
12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request
duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the
Contract Times(or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other
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 is 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.
12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time
because of:
.1 Changes ordered in the Work which justify additional time.
.2 Failure of materials or products being at the Project site due to delays in transportation or failures of
Suppliers,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 document(s) from Supplier, on Supplier's letterhead, indicating date(s) item(s) would be
ready for shipment and/or actual shipment date(s).
d) Copies of all correspondence between the CONTRACTOR/Subcontractor and Supplier indicating
the CONTRACTOR/Subcontractor's efforts to expedite item(s).
e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence,
and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery
of the item(s).
.3 When acts of the OWNER, E/A, utility owners or other contractors employed by the OWNER delay
progress of work through no fault of the CONTRACTOR.
.4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other
unavoidable cause or causes beyond the CONTRACTOR's control.
12.2 Calendar Day Contracts:
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 purpos ontracts, expected normal weather will prevent performance of Work:
January...............7 days
February.......................................... 7 days
March.................. .7 days
April......................... 7 days
May............................... .8 days
June.................................... .6 days
July.................................. 6 days
August........ .5 days
September...................... .7 days
October... 7 days
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
13.1 Notice of Defects:
Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge will be given to the
CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13.
13.2 Access to Work:
The OWNER, E/A, EIA's Consultants, other representatives and personnel of the OWNER, independent testing
laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site
for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such
access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply
therewith as applicable.
13.3 Tests and Inspections:
13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or
approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.
13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all
inspections,tests or approvals required by the Contract Documents except:
.1 for inspections,tests or approvals covered by paragraph 13.3.3 below;
.2 for reinspecting or retesting defective Work; and
.3 as otherwise specifically provided in the Contract Documents.
All testing laboratories shall be those selected by the OWNER.
00700 04-2020 Page 32 General Conditions
13.3.3 If laws or regulations of any public body having Jurisdiction require any Work(or part thereof)specifically to
be inspected,tested or approved by an employee or other representative of such public body, the CONTRACTOR
shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in
connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The
CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any
inspections, tests or approvals required for the OWNER's and E/A's review of materials or equipment to be
incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the
CONTRACTOR's purchase thereof for incorporation in the Work.
13.4 Uncovering Work:
13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the
CONTRACTOR without concurrence of Owner's Representative, or if any Work is covered contrary to the written
request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered
at the CONTRACTOR'S expense.
13.4.2 If Owner's Representative considers it necessary or advisable that covered Work be observed, inspected
or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or
testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found
that such Work is defective,the CONTRACTOR shall pay all claims,costs, losses and damages caused by,arising
out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory
replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and
the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor
as provided in Article 11. If, however, such Work is not found to be defective,the CONTRACTOR shall be allowed
an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly
attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and
the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12.
13.5 OWNER May Stop the Work:
13.5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the
Contract Documents,the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the
cause for such order has been eliminated; however,this right of the OWNER to stop the Work shall not give rise to
any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any surety or other
party.
13.5.2 If the CONTRACTOR 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
13.6 Correction or Removal of Defective Work:
If required by the OWNER,the CONTRACTOR shall promptly,as directed,either correct all defective Work,whether
or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it
from the site and replace it with Work that is not defective.The CONTRACTOR shall correct or remove and replace
defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame
identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages
caused by or resulting from such correction or removal(including but not limited to all costs of repair or replacement
of work of others), including but not limited to all consultant, engineering, expert and attorney's 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.
13.7 Warranty period:
13.7.1 If, at any time after the date of Substantial Completion or such longer period of time as may be prescribed
by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or
by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall
promptly,without cost to the OWNER and in accordance with the OWNER's written instructions:
(i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and
replace it with Work that is not defective, and
(ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting
therefrom.
If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage, the OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims,costs, losses and damages caused by or resulting from such
removal and replacement (including but not limited to all costs of repair or replacement of work of others and all
consultant, expert and attorney's 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 service before
Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so
provided in the Contract Documents and agreed to by OWNER.
13.8 OWNER May Correct Defective Work:
If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work,
or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the
Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents,
the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any
such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this
seven(7)calendar day period to correct the deficiency,the OWNER may exercise any actions necessary to remedy
the deficiency. In exercising the rights and remedies under this paragraph,the OWNER shall proceed expeditiously.
In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or
part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related
thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has
paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents
and employees,the OWNER's other contractors,E/A and E/A's consultants access to the site to enable the OWNER
to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or
sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and
a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the
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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.
14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend
to pay to a Subcontractor or Supplier because of a dispute or other reason.
14.1.4 Owner will not pay for materials or equipment not incorporated in the Work but delivered and suitably
stored at the site or at another location. Payment will be made by Owner only for Work completed in accordance
with the Contract Documents.
14.1.5 Where the original Contract Amount is less than$400,000, the OWNER will pay to the CONTRACTOR the
total amount of approved Application for Payment, less ten percent(10%)of the amount thereof,which ten percent
(10%)will be retained until final payment, less all previous payments and less all sums that may be retained by the
OWNER under the terms of this Agreement. Where the original Contract Amount is$400,000 or more,the OWNER
will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent(5%)of the
amount thereof,which five percent(5%)will be retained until final payment, less all previous payments and less all
sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near
completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of
the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the
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.
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14.1.E Applications for Payment shall include the following documentation:
.1 updated progress schedule;
.2 monthly subcontractor report; and
.3 any other documentation required under the Supplemental General Conditions.
14.2 CONTRACTOR's Warranty of Title:
The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any
Application for Payment,whether incorporated in the Project or not,will pass to the OWNER not later than the time
of payment to the CONTRACTOR free and clear of all liens.
14.3 Review of Applications for Progress Payment:
14.3.1 Owner's Representative will, within seven (7)calendar days after receipt of each Application for Payment,
either indicate a recommendation for payment and forward the Application for processing by the OWNER,or return
the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend
payment. In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the Application.
14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will
constitute a representation by Owner's Representative, based upon Owner's Representative's on-site observations
of the executed Work and on Owner's Representative's review of the Application for Payment and the
accompanying data and schedules,that to the best of Owner's Representative's knowledge, information and belief:
.1 the Work has progressed to the point indicated; and
.2 the quality of the Work is in accordance with the Contract Documents(subject to an evaluation of the
Work as a functioning whole prior to or upon Substantial Completion,to the results of any subsequent
tests called for in the Contract Documents, to a final determination of quantities and classifications for
unit price Work, and to any other qualifications stated in the recommendation).
14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have
represented that:
.1 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.
14.4 Decisions to Withhold Payment:
14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary
on account of:
.1 defective Work not remedied;
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.2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract
Amount;
.3 damage to the OWNER or another contractor;
.4 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid
balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
.5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract
Documents;
.6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract
Documents;
.7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the
Contract Documents;
.8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents;
.9 failure of the CONTRACTOR to maintain weekly payroll reports;
.10 failure of the CONTRACTOR to submit monthly subcontractor reports;
.11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up;
or
.12 failure of the CONTRACTOR to comply with any provision of the Contract Documents.
.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.
14.5 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.
14.6 Arrears:
No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever,to any person,firm
or corporation who is in arrears to the OWNER;and the OWNER shall be entitled to counterclaim and offset against
any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand
or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if
applicable, against the same.
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14.7 Substantial Completion:
14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said
certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the
CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is
substantially complete,the CONTRACTOR shall notify Owner's Representative and request a determination as to
whether the Work or designated portion thereof is substantially complete. If Owner's Representative does not
consider the Work substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons
therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to
complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by
Owner's Representative, the CONTRACTOR shall then submit another request for Owner's Representative to
determine substantial completion. If Owner's Representative considers the Work substantially complete, Owner's
Representative will prepare and deliver a certificate of Substantial Completion which shall establish the date of
Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, shall
establish the time within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of
the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and
insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to
complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be
signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in
such certificate.
14.7.2 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial
Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the
punch list.
14.8 Partial Utilization:
The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or
partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's
exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part
of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's
exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work
in accordance with the Contract Documents.
14.9 Final Inspection:
Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete,Owner's
Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in
which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take
such measures as are necessary to complete such Work or remedy such deficiencies.
14.10 Final Application for Payment:
The CONTRACTOR may make application for final payment following the procedure for progress payments after
the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered
the following documents:
.1 Three(3)complete operating and maintenance manuals, each containing maintenance and operating
instructions, schedules, guarantees, and other documentation required by the Contract Documents;
.2 Record documents(as provided in paragraph 6.10);
.3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective
releases or waivers(satisfactory to the OWNER) of all claims arising out of or filed in connection with
the Work;
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 Acceptance:
14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final
Application for Payment and accompanying documentation as required by the Contract Documents, Owner's
Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the
Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment
and thereby notify the OWNER. 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.
14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final
acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period.
14.11.3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives
negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any
financial institution for its monetary return.
14.12 Waiver of Claims:
The making and acceptance of final payment will constitute:
.1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled
claims, from defective Work appearing after final inspection, from failure to comply with the Contract
Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing
obligations under the Contract Documents; and
.2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in
writing and still unsettled.
ARTICLE 15-SUSPENSION OF WORK AND TERMINATION
15.1 OWNER May Suspend Work Without Cause and for Convenience:
At any time and without cause and for convenience,the OWNER may suspend the Work or any portion thereof for
a period of not more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR
which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date
so fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract
Times,or both,directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor
as provided in Article 11 and Article 12.
15.2 OWNER May Terminate Without Cause:
Upon seven(7)calendar days'Written Notice to the CONTRACTOR,the OWNER may,without cause and without
prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the
CONTRACTOR shall be paid (without duplication of any items):
.1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the
effective date of termination;
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.
15.3 OWNER May Terminate With Cause:
15.3.1 Upon the occurrence of any one or more of the following events:
.1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents;
.2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction;
.3 if the CONTRACTOR disregards the authority of Owner's Representative;
.4 if the CONTRACTOR makes fraudulent statements;
.5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the
Contract Time;
.6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the
Contract; or
.7 if the CONTRACTOR otherwise violates any provisions of the Contract Documents;
The OWNER may, after giving the CONTRACTOR(and the surety, if any)seven (7)calendar days'Written Notice
terminate the services of the CONTRACTOR. The OWNER, at its option, may proceed with negotiation with surety
for completion of the Work. Alternatively,the OWNER may under these circumstances exclude the CONTRACTOR
from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion),
incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the
CONTRACTOR but which are stored elsewhere,and finish the Work as the OWNER may deem expedient. In such
case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid
balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising
out of or resulting from completing the Work, such excess will be paid to the CONTRACTOR. If such claims,costs,
losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the
OWNER.
15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not
affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may
thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release
the CONTRACTOR from liability. In the event the OWNER terminates the Contract with cause, the OWNER may
reject any and all bids submitted by the CONTRACTOR for up to three(3)years.
00700 04-2020 Page 40 General Conditions
15.4 CONTRACTOR May Stop Work or Terminate:
If through no act or fault of the CONTRACTOR,the Work is suspended for a period of more than ninety(90)calendar
days by the OWNER or under an order of court or other public authority, or (except during disputes) Owner's
Representative fails to forward for processing any mutually acceptable Application for Payment within thirty (30)
calendar days after it is submitted, or(except during disputes)the OWNER fails for sixty(60)calendar days after it
is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the
CONTRACTOR may, upon seven(7)calendar days'Written Notice to the OWNER,and provided the OWNER does
not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER
payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without
prejudice to any other right or remedy, if(except during disputes) Owner's Representative has failed to forward for
processing any mutually acceptable Application for Payment within thirty(30)calendar days after it is submitted, or
(except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the
CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7)
calendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the
CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the
CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract
Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted
by this paragraph.
ARTICLE 16-DISPUTE RESOLUTION
16.1 Filing of Claims:
16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4.1, 4.2.2, 4.2.4, 6.4.2, 6.11.5.2, 6.17,
7.5, 8.6,9.5, 10.4.2, 13.8, 15.1, 15.2, 15.3,or 15.4,or other occurrences or events,shall be made by Written Notice
delivered by the party making the Claim to the other party within thirty (30) calendar days after the start of the
occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of
the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is
delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant
is entitled.
16.1.2 Within thirty(30)calendar days of receipt of notice of the amount of the Claim with supporting data,Owner's
Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or
notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented,
claimant shall have thirty(30)calendar days in which to:
.1 submit additional supporting data requested by the other party;
.2 modify the initial Claim; or
.3 request Alternative Dispute Resolution.
16.2 Alternative Dispute Resolution:
16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing
any other available remedies. The OWNER reserves the right to include E/A as a party.
16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written request for a meeting
to be held between representatives of each party within fourteen (14) calendar days of the request or such later
period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously
uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this
and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall
be concluded within thirty(30)calendar days of the first meeting, unless mutually agreed otherwise. This step may
00700 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:
16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms,
the parties shall initiate the mediation process. The parties agree to select within thirty(30)calendar days one(1)
mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR
agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated
to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also
is trained in the subject matter of the dispute and/or a contract interpretation expert.
16.2.3.2 Mediation is a forum in which an impartial person, the mediator, facilitates communication between
parties to promote reconciliation, settlement, or understanding among them. The parties hereby agree that
mediation, at a minimum, shall provide for 1)conducting an on-site investigation, if appropriate, by the mediator for
fact-gathering purposes, 2) a meeting of all parties for the exchange of points of view and 3) separate meetings
between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties agree
to participate in mediation in good faith for up to thirty(30)calendar days from the date of the first mediation session,
unless mutually agreed otherwise. Should the parties fail to reach a resolution of the dispute through mediation,
then each party is released to pursue other remedies available to them.
ARTICLE 17—RIGHT TO AUDIT
17.1 Right to Audit:
Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the
CONTRACTOR's "records" shall upon reasonable notice be open to inspection and subject to audit and/or
reproduction during normal business working hours. The OWNER's representative, or an outside representative
engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this
Agreement for four (4) years from the date of final payment under this Agreement, or until pending litigation has
been completely and fully resolved,whichever occurs later.
17.1.1 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term
"records"as referred to herein shall include any and all information, materials and data of every kind and character,
including without limitation records, books, papers,documents, contracts, schedules,commitments, arrangements,
notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements,
sources of information and matters that may, in the OWNER's judgment, have any bearing on or pertain to any
matters, rights, duties or obligations under or covered by any contract document. Such records shall include(hard
copy, as well as computer-readable data if it can be made available),written policies and procedures,time sheets,
payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other
record in the CONTRACTOR's possession which may have a bearing on matters of interest to the OWNER in
connection with the CONTRACTOR's dealings with the OWNER(all of the foregoing are hereinafter referred to as
"records"). In addition,the CONTRACTOR shall permit interviews of employees as well as agents, representatives,
vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately
permit evaluation and verification of the following:
a) The CONTRACTOR'S compliance with contract requirements;
b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and
c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract
termination.
17.1.2 The CONTRACTOR shall require all payees(examples of payees include subcontractors, insurance agents,
material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a
00700 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.
17.1.3 The OWNER'S authorized representative or designee shall have reasonable access to the CONTRACTOR'S
facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the
performance of this Agreement, and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with this Article 17.
17.1.4 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges
of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent(.5%)of the total contract
billings, then the reasonable actual cost of the OWNER's audit shall be reimbursed to the OWNER by the
CONTRACTOR. Any adjustments and/or payments,which must be made as a result of any such audit or inspection
of the CONTRACTOR's invoices and/or records, shall be made within a reasonable amount of time(not to exceed
90 days)from presentation of the OWNER's findings to the CONTRACTOR.
17.1.5 The CONTRACTOR shall take reasonable actions to prevent any actions or conditions which could result
in a conflict with the OWNER's best interests. These obligations shall apply to the activities of the CONTRACTOR's
employees, agents, subcontractors, etc. in their dealings and relations with the OWNER's current and former
employees and their relatives. For example,the CONTRACTOR's employees,agents or subcontractors should not
make or provide to be made any employment, gifts, extravagant entertainment, payments, loans or other
considerations to the OWNER's representatives, employees or their relatives.
17.1.E It is also understood and agreed by the CONTRACTOR that any solicitation of gifts or any other item of
value by anyone representing the OWNER is to be reported within two (2) business working days to the OWNER
at the following telephone number: 512-218-5401. Failure to report any such solicitations or offers shall be deemed
a material breach of contract entitling the OWNER to pursue damages resulting from the failure to comply with this
provision.
ARTICLE 18-MISCELLANEOUS
18.1 Venue:
In the event of any suit at law or in equity involving the Contract, venue shall be in Williamson County, Texas and
the laws of the state of Texas shall apply to Contract interpretation and enforcement.
18.2 Extent of Agreement:
This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and
supersedes all prior negotiations, representations or agreements, either written or oral.
18.3 Cumulative Remedies:
The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and
remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special
warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this paragraph will
be as effective as if repeated specifically in the Contract Documents in connection with each particular duty,
obligation, right and remedy to which they apply.
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18.4 Severability:
If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set
of circumstances is for any reason held to be unconstitutional, invalid or unenforceable,that finding shall only effect
such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this
Contract; this being the intent of the parties in entering into the Contract; and all provisions of the Contract are
declared to be severable for this purpose.
18.5 Independent Contractor
The Contract shall not be construed as creating an employer/employee relationship,a partnership,or a joint venture.
The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and
understands that the Contract does not grant any rights or privileges established for employees of the OWNER.
18.6 Prohibition of Gratuities
The OWNER may, by Written Notice to the CONTRACTOR, terminate the Contract without liability if is determined
by the OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative of the
CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing
favorable treatment with respect to the awarding or amending or the making of any determinations with respect to
the performing of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision,
the OWNER shall be entitled, in addition to any other rights and remedies,to recover or withhold the amount of the
cost incurred by the CONTRACTOR in providing such gratuities.
18.7 Prohibition Against Personal Interest in Contracts
No officer,employee, independent consultant,or elected official of the OWNER who is involved in the development,
evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct
or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge,
expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER.
End of General Conditions
00700 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 Enciineer/Architect(E/A):
Add the following:
Name(Representative): Don Burger
Firm: Tetra Tech, Inc
Address: 8611 N Capital of Texas Highway ,Ste 2310
City, State,Zip: Austin, TX 78759
Telephone: 512-338-1667: 210-919-2553
Facsimile: 512-338-1331
Email: don.burger( tetratech.com
1.27 Owner's Representative:
Add the following:
Name: Eddie Zanata Title: Project Manager
Address: 3400 Sunrise Rd
City,State,Zip: Round Rock, TX 78665
Telephone: 512-218-6605
Facsimile:
Email: ezapata( roundrocktexas.gov
ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
6.18 Liquidated Damages
Add the following:
1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF
five hundred AND NO/I 00
DOLLARS $500.00 PER DAY FOR EACH DAY BEYOND THE DATE
ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE
SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE
THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR
TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE
CONTRACT.
END OF SUPPLEMENTAL GENERAL CONDITIONS
Page 1
00800 10-2015 Supplemental General Conditions
00090669
00900 SPECIAL CONDITIONS
SECTION Ol-INFORMATION
01-01 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.
01-02 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 while
performing the Work associated with this Contract. Provision of said utility services
shall be subsidiary to the various bid items and no additional payment will be made for
this item.
OO9OO-42O2O 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 it or on behalf of it:
(1) not less than the general prevailing rate of per diem wages for work of
a similar character in the locality in which the work is performed; and
(2) not less than the general prevailing rate of per diem wages for legal
holiday and overtime work.
b. Subsection(a)does not apply to maintenance work.
c. A worker is employed on a public work for the purposes of this section if a
Contractor or Subcontractor in the execution of a contract for the public work
with the State,a political subdivision of the State or any officer or public body
of the State or a political subdivision of the State,employs the worker.
2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor;
Penalty
a. The contractor who is awarded a contract by a public body,or a Subcontractor
of the Contractor, shall pay not less than the rates determined under Section
2258.022 to a worker employed by it in the execution of the contract.
b. A Contractor or Subcontractor who violates this section shall pay to the state
or a political subdivision of the state on whose behalf the contract is made,$60
for each worker employed for each calendar day or part of the day that the
worker is paid less than the wage rates stipulated in the contract.A public body
awarding a contract shall specify this penalty in the contract.
c. A contractor or subcontractor does not violate this section if a public body
awarding a contract does not determine the prevailing wage rates, and specify
the rates in the contract as provided by Section 2258.022.
d. The public body shall use any money collected under this section to offset the
costs incurred in the administration of this chapter.
e. A municipality is entitled to collect a penalty under this section only if the
municipality has a population of more than 10,000.
00900-4-2020 Page 2 Special Conditions
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:
1. take cognizance of complaints of all violations of this chapter committed in the
execution of the contract; and
2. withhold money forfeited or required to be withheld under this Chapter from
the payments to the Contractor under the contract, except that the public body
may not withhold money from other than the final payment without
determination by the public body that there is good cause to believe that the
Contractor has violated this chapter.
Applicable wage rates to be used in Williamson and/or Travis County may be
obtained from the U.S. Department of Labor website at the following web
addresses:
Construction Types: Heavy (Sewer/Water Treating Plant and
Sewer/Incidental to Highway)
http://www.wdol.gov/wdol/scafiles/davisbacon/TX3 3.dvb?v=0
Construction Types: Heavy and Highway
http://www.wdol.gov/wdol/scafiles/davisbacon/TX 16.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.
00900-4-2020 Page 3 Special Conditions
00443643
02-06 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.
02-08 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 compliance at all times with the accepted
Traffic Control Plan for the project and shall be responsible for all maintenance,
signing and safety precautions necessary for traffic control. These items shall be
included in the bid item Traffic Control.
00900-4-2020 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
STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS
The Round Rock Standard Specification Criteria Manual is hereby referred to and
included in this contract as fully and to the same extent as if copied at length herein,
and shall be applied to this project unless modified elsewhere as discussed below. The
aforementioned Criteria Manual is the"Standard Specifications" section of the City of
Round Rock Design and Construction Standards. The Standard Specifications may be
accessed from the City of Round Rock website (www.roundrocktexas.gov) at the
following web address: www.roundrocktexas.gov/dacs.
Any adjustments,alterations,or additional information regarding Governing Technical
Specifications are contained in the Plans (Drawings), Details and Notes described in
Section 02000 of the Project Manual or are included in Attachment A at the end of this
Technical Specifications Section.
ITEM 2 CONTROL OF WORK
2.01 CLEAN-UP
2.01.1 CONSTRUCTION SITE
During construction, the CONTRACTOR shall keep the site free and clean from all
rubbish and debris and shall clean-up the site promptly when notified to do so by the
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
2.01.2 BACKWORK
The CONTRACTOR shall coordinate his operations in such a manner as to prevent the
amount of clean-up and completion of back works from becoming excessive. Should
such a condition exist,the 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 B/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
3.01 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.
3.02 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.
3.03 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.
3.04 PROTECTION OF STAKES,MARKS,ETC.
All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully
preserved by the CONTRACTOR, and in case of destruction or removal during the
course of this project, such stakes, marks, property comers, etc., shall be replaced by
the CONTRACTOR at the CONTRACTOR's sole expense.
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010004-2020 Technical Specifications
00443645
ITEM 4 PROTECTION AND PRECAUTION
4.01 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/A.
4.03 TRAFFIC CONTROL MEASURES AND BARRICADES
Traffic control measures and barricades shall be installed in accordance with the Texas
Manual of Uniform Traffic Control Devices and in other locations deemed necessary
by the 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.
4.04 PROPERTY LINES AND MONUMENTS
The CONTRACTOR shall be responsible for the protection,reference and resetting of
property comer monuments if disturbed.
4.05 DISPOSAL OF SURPLUS MATERIAL
The CONTRACTOR shall at his own expense, make arrangement for the disposal of
surplus material, such as rock,trees,brush and other unwanted backfill materials.
4.06 CONTRACTOR'S USE OF PREMISES
The Contractor shall,at his own expense,provide additional space as necessary for his
operations and storage of materials.
ITEM 5 MATERIALS
5.01 TRADE NAMES
Except as specified otherwise, wherever in the specifications an article or class of
material is designated by a trade name or by the name or catalog number of any maker,
patentee,manufacturer,or dealer,such designations shall be taken as intending to mean
and specify the articles described or another equal thereto in quality, finish, and
serviceability for the purpose intended, as may be determined and judged by the E/A
in his sole discretion.
5.02 MATERIALS AND WORKMANSHIP
No material which has been used by the CONTRACTOR for any temporary purpose
whatever is to be incorporated in the permanent structure without the written consent
of the 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
O1OOO-42O2O 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
O1OOO42O2O Technical Specifications
00443645
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TECHNICAL SPECIFICATIONS / DONALD J.BURGER ,'#r
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Standard specifications for the City of Round Rock as published on City's Design and Construction Standards page
at https://www.roundrocktexas.gov/departments/transportationJdacs/except as modified herein.
SPECIAL PROVISION 1 (ITEM NO.510)—PIPE BEDDING MATERIALS
Sand, as described in specification item 510 pipe, shall not be used as bedding for water and wastewater lines.
Acceptable bedding materials are pipe bedding stone, pea gravel and in lieu of sand, a naturally occurring or
manufactured stone material conforming to astm C33 for stone quality and meeting the following gradation
specification:
SIEVE SIZE PERCENT RETAINED BY WEIGHT
1/2" 0
3/8" 0-2
#4 40-85
#10 95-100
SPECIAL PROVISION 2 (ITEM NO.511)—CHECK VALVE/BACKFLOW PREVENTOR
Specifications
Valve shall feature modular check assemblies with center stem guiding. Each check module shall have a captured
spring and be accessible through a bolted cover plate. Seats shall be replaceable without special tools. It shall be
a complete assembly including tight-closing resilient seated shutoff valves, and test cocks. The Lead Free Double
Check Assemblies shall comply with state codes and standards,where applicable, requiring reduced lead content.
The assembly shall meet the requirements of ASSE No. 1015; AWWA C510-92; CSA B64.5; UL Classified File No.
EX3185, and approved by the Foundation for Cross-Connection Control and Hydraulic Research at the University
of Southern California.
Product Information
A. Check Valve Bodies:
1. Epoxy coated cast iron
B. Seats:
2. Stainless Steel
Installation
ATTACHMENT A
TECHNICAL SPECIFICATIONS
Most field problems occur because dirt and debris present in the system at the time of installation become
trapped in the#1 check.The system should be flushed before the backflow valve is installed. If the system is not
flushed until after the backflow valve is installed, remove both check modules from the valve and open the inlet
shutoff to allow water to flow for a sufficient time to flush debris from the water line. If debris in the water system
continues to cause fouling, a strainer can be installed upstream of the backflow assembly. The assembly should
be installed with adequate clearance around the valve to allow for inspection, testing and servicing. 12" should
be the minimum clearance between the lower portion of the assembly and the floor or grade.
All tests and inspections called for by the applicable standards shall be performed by the manufacturer's licensed
tester(Backflow Preventor Assembly Tester). Upon request, results of these tests shall be made available to the
purchaser. A verification or evidence of the tester's BPAT license needs to be submitted to the purchaser before
the test is conducted.
SPECIAL PROVISION 3(ITEM NO.508)-PRECAST VAULT
General info
Product Data: Precast vaults for Ultrasonic Meter
Standards
The design and fabrication of the precast vault will be in accordance to the ASTM C858 and ASTM C857.
Qualification of Installer
A. Fabricator Qualifications:A firm that assumes responsibility for engineering precast structural concrete units
to comply with performance requirements. Responsibility includes preparation of Shop Drawings and
comprehensive engineering analysis by a qualified professional engineer.
3. Designated as a PCI-certified plant as follows:
a. Group C,Category Cl-Precast Concrete Products(no prestressed reinforcement)
B. Testing Agency Qualifications:Qualified according to ASTM C1077 and ASTM E329 for testing indicated.
C. Quality-Control Standard: For manufacturing procedures, testing requirements, and quality-control
recommendations for types of units required,comply with PCI MNL 116,"Manual for Quality Control for Plants
and Production of Structural Precast Concrete Products."
D. Welding Qualifications:Qualify procedures and personnel according to the following:
1. AWS D1.1/D1.1M, "Structural Welding Code-Steel."
2. AWS D1.4/D1.4M, "Structural Welding Code-Reinforcing Steel."
Submittals
A. Product Data:For each type of product.
B. Design Mixtures: For each precast concrete mixture. Include compressive strength and, if required, water-
absorption tests.
C. Shop Drawings:
ATTACHMENT A
TECHNICAL SPECIFICATIONS
1. Include member locations, plans, elevations, dimensions, shapes and sections, openings, support
conditions,and types of reinforcement, including special reinforcement.
2. Detail fabrication and installation of precast structural concrete units, including connections at member
ends and to adjoining construction
3. Indicate joints, reveals,drips,chamfers,and extent and location of each surface finish.
4. Indicate separate face and backup mixture locations and thicknesses.
5. Indicate type,size,and length of welded connections by AWS standard symbols.
6. Detail loose and cast-in hardware, lifting and erection inserts,connections,and joints.
7. Indicate locations, tolerances, and details of anchorage devices to be embedded in or attached to
structure or other construction.
8. Include diagrams for power,signal,and control wiring.
9. Indicate locations of electrical receptacles and light fixtures.
10. Indicate estimated camber for precast floor slabs with concrete toppings.
11. If design modifications are proposed to meet performance requirements and field conditions, submit
design calculations and Shop Drawings. Do not adversely affect the appearance,durability,or strength of
units when modifying details or materials and maintain the general design concept.
12. Signed and sealed by the qualified professional engineer responsible for their preparation.
Product Information
A. Concrete
1. Portland Cement:ASTM C150/C150M,Type I or Type II,gray,unless otherwise indicated.
a. For surfaces exposed to view in finished structure, use gray or white cement, of same type, brand,
and mill source.
2. For surfaces exposed to view in finished structure, use gray or white cement, of same type, brand, and
mill source.
a. Fly Ash:ASTM C618,Class C or F,with maximum loss on ignition of 3 percent.
3. Normal-Weight Aggregates: Except as modified by PCI MNL 116,ASTM C33.
4. Water: Potable; free from deleterious material that may affect color stability, setting, or strength of
concrete and complying with chemical limits of PCI MNL 116.
5. Air-Entraining Admixture: ASTM C260, certified by manufacturer to be compatible with other required
admixtures.
6. Chemical Admixtures: Certified by manufacturer to be compatible with other admixtures and to not
contain calcium chloride,or more than 0.15 percent chloride ions or other salts by weight of admixture.
a. Water-Reducing Admixtures:ASTM C494/C494M,Type A.
b. Retarding Admixture:ASTM C494/C494M,Type B.
c. Water-Reducing and Retarding Admixture:ASTM C494/C494M,Type D.
d. Water-Reducing and Accelerating Admixture:ASTM C494/C494M,Type E.
e. High-Range,Water-Reducing Admixture:ASTM C494/C494M,Type F.
f. High-Range,Water-Reducing and Retarding Admixture:ASTM C494/C494M,Type G.
g. Plasticizing Admixture:ASTM C1017/C1017M,Type I.
h. Plasticizing and Retarding Admixture:ASTM C1017/C1017M,Type II.
Corrosion-Inhibiting Admixture:ASTM C1582/C1582M.
ATTACHMENT A
TECHNICAL SPECIFICATIONS
B. Steel Connection Materials
1. Carbon-Steel Shapes and Plates:ASTM A36/A36M.
2. Carbon-Steel-Headed Studs:ASTM A108,Grade 1010 through 1020,cold finished,AWS D1.1/D1.1M,Type
A or B,with arc shields and with minimum mechanical properties of PCI MNL 116.
3. Carbon-Steel Plate:ASTM A283/A283M,Grade C.
4. Malleable-Iron Castings:ASTM A47/A47M,Grade 32510 or Grade 35028.
5. Carbon-Steel Castings:ASTM A27/A27M,Grade 60-30(Grade 415-205).
6. High-Strength, Low-Alloy Structural Steel:ASTM A572/A572M.
7. Carbon-Steel Structural Tubing:ASTM A500/A500M,Grade B or Grade C.
8. Wrought Carbon-Steel Bars:ASTM A675/A675M,Grade 65(Grade 450).
9. Deformed-Steel Wire or Bar Anchors:ASTM A496/A496M or ASTM A706/A706M.
10. Carbon-Steel Bolts and Studs:ASTM A307,Grade A(ASTM F568M, Property Class 4.6);carbon-steel, hex-
head bolts and studs;carbon-steel nuts,ASTM A563(ASTM A563M);and flat,unhardened steel washers,
ASTM F844.
11. High-Strength Bolts, Nuts, and Washers: ASTM F3125/F3125M,Grade A325 (Grade A325M), Type 1,
heavy-hex steel structural bolts;ASTM A563,Grade DH,(ASTM A563M,Class 105)heavy-hex carbon-steel
nuts;and ASTM F436/F436M,Type 1, hardened carbon-steel washers.
a. Finish:Hot-dip zinc coating
12. Zinc-Coated Finish: For exterior steel items, steel in exterior walls, and items indicated for galvanizing,
apply zinc coating by hot-dip process according to ASTM A123/A123M or ASTM A153/A153M
a. For steel shapes, plates, and tubing to be galvanized, limit silicon content of steel to less than 0.03
percent or to between 0.15 and 0.25 percent or limit sum of silicon and 2.5 times phosphorous
content to 0.09 percent.
b. Galvanizing Repair Paint: High-zinc-dust-content paint with dry film containing not less than 94
percent zinc dust by weight,and complying with DOD-P-21035B or SSPC-Paint 20.
13. Shop-Primed Finish: Prepare surfaces of nongalvanized-steel items, except those surfaces to be
embedded in concrete, according to requirements in SSPC-SP 3,and shop apply SSPC-Paint 25 according
to SSPC-PA 1.
14. Welding Electrodes:Comply with AWS standards.
15. Precast Accessories:Provide clips,hangers,plastic or steel shims,and other accessories required to install
precast structural concrete units.
C. Grout Materials
1. Sand-Cement Grout:Portland cement,ASTM C150/C1SOM,Type I,and clean,natural sand,ASTM C144 or
ASTM C404. Mix at ratio of 1 part cement to 2-1/2 to 3 parts sand, by volume, with minimum water
required for placement and hydration. Water-soluble chloride ion content less than 0.06 percent by
weight of cement when tested according to ASTM C1218/C1218M.
Installation
A. Install modular vault assemblies according to manufacturer's written instructions, including clearances
between exterior of vault panels and other construction.
02000 PLANS, DETAILS AND NOTES
If applicable, insert reference(s)to project plans; details; and notes
Included as a separate document.
CITY OF ROUND ROCK BIDSEXTENDED AND CHECKED
Utilities& Environmental Services BY: Amanda Taylor
3400 Sunrise Road DATE: M arch 8,2021
Round Rock,Texas78665 BID TABULATION
PROJECT: University Boulevard Water Main Extension
3400 Sunrise Rd ORO M EX Construction
LOCATION: Round Rack,TX 78665 Company Name: Company,I nc. DGuerra Construction LLC Prota Smith Contracting Ca, Inc
BID DATE: M arch 3,2021 Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes
Addendum(s)? Addendum(s)? Addendum(s)? Addendum(s)?
Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes
APPROX UNIT UNIT UNIT
ITEM # QTY. UNIT UNIT PRICE COST PRICE COST PRICE COST PRICE COST
1 Cl eari ng and Grubbing 40 STA $300.00 $12,000.00 $1,000.00 $40,000.00 $105.00 $4,200.00 $500.00 $20,000.00
2 FlexibleBase 7 CY $50.00 $350.00 $80.00 $560.00 $176.00 $1,232.00 $200.00 $1,400.00
3 Controlled Low Strength Material 23 CY $165.00 $3,795.00 $170.00 $3,910.00 $213.00 $4,899.00 $150.00 $3,450.00
4 Meter Vault No.4 Structure 2 EA $17,000.00 $34,000.00 $32,000.00 $64,000.00 $19,000.00 $38,000.00 $25,000.00 $50,000.00
5 Trench Safety Systems(Al I Depth) 3880 LF $3.00 $11,640.00 $5.00 $19,400.00 $1.50 $5,820.00 $1.00 $3,880.00
6 30" Steel Encasement Pipe(Open Cut) 160 LF $250.00 $40,000.00 $182.00 $29,120.00 $210.00 $33,600.00 $186.00 $29,760.00
7 30" Steel Encasement Pipe(Jack and Bore) 30 LF $400.00 $12,000.00 $652.00 $19,560.00 $777.00 $23,310.00 $1,000.00 $30,000.00
8 16" R pe Cl ass 250 Carrier i n Casi ng 190 LF $110.00 $20,900.00 $159.50 $30,305.00 $120.00 $22,800.00 $127.00 $24,130.00
16" PVC R pe(al I depths), i ncl udi ng
9 Excavation and BackfiII (open trench) 3880 LF $90.00 $349,200.00 $105.00 $407,400.00 $94.00 $364,720.00 $94.00 $364,720.00
12" PVC R pe(ai I depths), i ncl udi ng
10 Excavation and BackfiII (open trench) 6 LF $80.00 $480.00 $165.001 $990.00 $135.00 $810.00 $150.00 $900.00 Ask
6" DI PipeCl ass 350(al l depths), including
11 Excavation and BackfiII (open trench) 72 LF $65.00 $4,680.00 $97.00 $6,984.00 $65.00 $4,680.00 $85.00 $6,120.00
12 16" Gate Valves 14 EA $6,750.00 $94,500.00 $8,450.001 $118,300.00 $6,444.00 $90,216.00 $8,300.00 $116,200.00
13 12" Gate Valve 1 EA $2,500.00 $2,500.00 $5,000.00 $5,000.00 $3,095.00 $3,095.00 $3,800.00 $3,800.00
14 8" Gate Valve 1 EA $1,500.00 $1,500.00 $4,000.00 $4,000.00 $2,340.00 $2,340.00 $2,800.00 $2,800.00
15 6" Gate Valve 4 EA $1,100.00 $4,400.00 $5,650.00 $22,600.00 $1,413.00 $5,652.00 $2,400.00 $9,600.00
16 8" Double Check Valve Assembly 1 EA $15,000.00 $15,000.00 $11,500.00 $11,500.00 $24,729.00 $24,729.00 $16,800.00 $16,800.00
2"Automatic Combination Ai r/Vacuum
17 ReleaseValveAssernbly (CAV) 2 EA 1 $6,500.001 $13,000.00 1 $9,200.001 $18,400.00 $9,200.00 $18,400.00 $6,700.00 $13,400.00
18 Fire Hydrant Assembly 4 EA I $4,5W.00 1 $18,000.00 1 $7,000.001 $28,000.00 $6,900.001 $27,600.00 1 $3,600.001 $14.400.00
Page 1 of 6 Updated 6/17/19
CITY OF ROUND ROCK BIDSEXTENDED AND CHECKED
Utilities& Environmental Services BY: Amanda Taylor
3400 Sunrise Road DATE: March 8,2021
Round Rock,Texas78665 BID TABULATION
PROJECT: University Boulevard Water Main Extension
19 Drain ValveAssembly 3 EA $8,000.00 $24,000.00 $8,000.00 $24,000.00 $6,700.00 $20,100.00 $4,500.00 $13,500.00
20 DI Fittings 4 TN $7,500.00 $30,000.00 $6,250.00 $25,000.00 $13,370.00 $53,480.00 $6,700.00 $26,800.00
21 Additional Bury Depth 14 VF $150.00 $2,100.00 $555.00 $7,770.00 $311.00 $4,354.00 $540.00 $7,560.00
22 Stabilized Construction Entrance 2 EA $1,750.00 $3,500.00 $1,500.00 $3,000.00 $4,470.00 $8,940.00 $1,800.00 $3,600.00
23 Temporary Fence 280 LF $3.00 $840.00 $5.00 $1,400.00 $12.00 $3,360.00 $8.00 $2,240.00
24 Protective Fencing Type 100 LF $4.00 $400.00 $5.00 $500.00 $18.00 $1,800.00 $30.00 $3,000.00
25 S It Fence for Erosion Control 3800 LF $3.00 $11,400.00 $2.50 $9,500.00 $3.78 $14,364.00 $3.00 $11,400.00
26 Native Seeding for Erosion Control 4530 SY $1.00 $4,530.00 $1.00 $4,530.00 $10.50 $47,565.00 $1.25 $5,662.50
27 Soil Retention Blanket Class 1 211 SY $4.50 $949.50 $5.00 $1,055.00 $3.00 $633.00 $5.00 $1,055.00
28 Rock Berm 96 LF $25.00 $2,400.00 $25.00 $2,400.00 $25.00 $2,400.00 $47.00 $4,512.00
Stormwater Pollution Prevention Plan
29 (SVVPPP) 1 LS $6,500.00 $6,500.00 $2,500.00 $2,500.00 $3,706.00 $3,706.00 $4,100.00 $4,100.00
30 Concrete Washout 1 EA $2,500.00 $2,500.00 $600.001 $600.00 $625.00 $625.00 $2,000.00 $2,000.00
31 Mobilization(not to exceed 5%of total bid) 1 LS $35,500.00 $35,500.00 $45,000.001 $45,000.00 $43,570.00 $43,570.00 $38,000.001 $38,000.00
TOTAL $762,564.50 $957,284.00 $881,000.00 $834,789.50
1 ndicates Written form differs from Number on Bid Form I ndicates corrected Total
ALTERNATE NO. 1
Remove BaseBid Lineltem No. 9. Instead
i nstal 116" DI Pipe(ai I depths), including
1 Excavation and BackfiII (open trench) 3880 LF $90.00 $349,200.00 $116.50 $452,020.00 $100.00 $388,000.00 $97.00 $376,360.00
Remove Base Bid Lineltem No. 10.
I nstead i nstal l 12" DI R pe(ail I depths),
2 including Excavation and BackfiII (open 6 LF $80.00 $480.00 $115.00 $690.00 $135.00 $810.00 $200.00 $1,200.00
ALTERNATE NO.1 TOTAL $349,680.00 $452,710.00 $388,810.00 $377,560.00
TOTAL BASE BID+ALTERNATE $1,112,244.50 $1,409,994.00 $1,269,810.00 $1,212,349.50
TOTAL BASE BID+ALTERNATE WITH PVC DEDUCT(item 9& 10 $762,564.50 $1,001,604.00 $904,280.00 $846,729.50
I ndicatesoorreded Total
Page 2 of 6 Updated 6/17/19
CITY OF ROUND ROCK BIDSEXTENDED AND CHECKED
Utilities& Environmental Services BY: Amanda Taylor
3400 Sunrise Road DATE: March 8,2021
Round Rods,Texas78665 BI D TABU LATI ON
PROJECT: University Boulevard Water Main Extension
PROJECT: University Boulevard Water Main Extension
3400 Sunrise Rd
LOCATION: Round Rods,TX 78665 Company Name: Bell Contractors I nc Atlas Construction,Ca Cash Construction Co.,Ina Austin Underground,Inc
BID DATE: M arch 3,2021 Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes qw
Addendum(s)? Addendum(s)? Addendum(s)? Addendum(s)?
Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes
APPROX UNIT UNIT UNIT
ITEM # CITY. UNIT UNIT PRICE COST PRICE COST PRICE COST PRICE COST
Cleeri ng and Grubbing 40 STA $105.00 $4,200.00 $255.00 $10,200.00 $200.00 $8,000.00 $250.00 $10,000.00
exl a ase 7 CY 16.02 112. 44 .86 7.02 .00 315.00 110.00 770.00
3 Controlled Low Strength Material 23 CY $39.42 $906.66 $137.70 $3,167.10 $190.00 $4,370.00 $180.00 $4,140.00
4 Meter Vault No.4 Structure 2 EA $33,328.29 $66,656.58 $10,638.60 $21,277.20 $25,000.00 $50,000.00 $41,000.00 $82,000.00
5 Trench Safety Systems(AII Depth) 3880 LF $1.33 $5,160.40 $1.02 $3,957.60 $0.50 $1,940.00 $2.00 $7,760.00
6 30" Steel Encasement Pipe(Open Cut) 160 LF $173.95 $27,832.00 $154.02 $24,643.20 $200.00 $32,000.00 $210.00 $33,600.00
7 30" Steel Encasement Pipe(Jack and Bore) 30 LF $560.35 $16,810.50 $596.36 $17,890.80 $1,200.00 $36,000.00 $640.00 $19,200.00
8 16" PipeCl ass 250 Carrier in Casing 190 LF $110.60 $21,014.00 $108.63 $20,639.70 $125.001 $23,750.00 $110.00 $20,900.00
16" PVC Pi pe(al I depths), i ncl udi ng
9 Excavation and BadcfiII (open trench) 3880 LF $65.11 $252,626.80 $75.18 $291,698.40 $97.00 $376,360.00 $96.50 $374,420.00
12" PVC R pe(al I depths), i ncl udi ng
10 Excavation and BackfiII (open trench) 6 LF $126.81 $760.86 $46.50 $279.00 $88.00 $528.00 $95.00 $570.00
11 6" DI PipeCl ass 350(al I depths), including 72 LF $53.36 $3,841.92 $38.48 $2,770.56 $65.00 $4,680.00 $70.00 $5,040.00
7
12 16" Gate Valves 14 EA $6,106.52 $85,491.28 $6,310.37 $88,345.18 $7,100.00 $99,400.00 $7,600.00 $106,400.00
13 12" Gate Valve 1 EA $2,155.44 $2,155.44 $2,556.12 $2,556.12 $2,700.00 $2,700.00 $3,200.00 $3,200.00
14 8" Gate Valve 1 EA $1,307.60 $1,307.60 $1,680.96 $1,680.96 $1,600.00 $1,600.00 $1,800.001 $1,800.00
15 6" Gate Valve 4 EA $954.80 $3,819.20 $1,338.24 $5,352.96 $1,200.00 $4,800.00 $1,400.001 $5,600.00
16 8" Double Check Valve Assembly 1 EA $10,899.00 1 $10,899.00 $25,932.48 1 $25,932.48 $15,000.00 $15,000.00 $12,000.00 1 $12,000.00
Page 3 of 6 Updated 6/17/19
CITY OF ROUND ROCK BIDSEXTENDEDAND CHECKED
Utilities& Environmental Services BY: Amanda Taylor
3400 Sunrise Road DATE: M arch 8,2021
Round Rods,Texas78665 BID TABULATION
PROJECT: University Boulevard Water Main Extension
17 2" AutomaticCombinationAir/Vacuum 2 EA $7,735.00 $15,470.00 $5,411.10 $10,822.20 $4,900.00 $9,800.00 $5,800.00 $11,600.00
18 Fire Hydrant Assembly 4 EA $2,899.23 $11,596.92 $2,484.72 $9,938.88 $3,200.00 $12,800.00 $4,100.00 $16,400.00
19 Drain Vail ve A ssembl y 3 EA $3,073.00 $9,219.00 $2,512.26 $7,536.78 $3,000.00 $9,000.00 $5,100.00 $15,300.00
20 DI Fittings 4 TN $8,759.75 $35,039.00 $7,380.89 $29,523.56 $8,900.00 $35,600.00 $5,000.00 $20,000.00
21 Additional Bury Depth 14 VF $350.00 $4,900.00 $156.00 $2,184.00 $150.00 $2,100.00 $650.00 $9,100.00
22 Stabilized Construction Entrance 2 EA $1,120.00 $2,240.00 $1,224.00 $2,448.00 $1,500.00 $3,000.00 $1,500.00 $3,000.00
23 Temporary Fence 280 LF $2.24 $627.20 $7.23 $2,024.40 $6.00 $1,680.00 $4.00 $1,120.00
24 Protective Fencing TypeC 100 LF $2.24 $224.00 $8.25 $825.00 $6.001 $600.00 $13.00 $1,300.00
25 9It Fence for Erosion Control 3800 LF $2.10 $7,980.00 $1.99 $7,562.00 $2.50 $9,500.00 $2.25 $8,550.00
26 Native Seedi ng for Erosion Control 4530 SY $1.05 $4,756.50 $0.78 $3,533.40 $0.50 $2,265.00 $4.00 $18,120.00
27 Soil Retention Blanket Class 1 211 SY $5.25 $1,107.75 $2.59 $546.49 $1.70 $358.70 $1.50 $316.50
28 Rock Berm 96 LF $36.75 $3,528.00 $22.44 $2,154.24 $25.00 $2,400.00 $28.00 $2,688.00
29 Stormwater Pollution Prevention Plan 1 LS $2,625.00 $2,625.00 $1,020.00 $1,020.00 $2,000.001 $2,000.00 $800.00 $800.00
30 Concrete Washout 1 EA $1,050.00 $1,050.00 $1,035.00 $1,035.00 $1,000.00 $1,000.00 $550.00 $550.00
31 Mobilization(not to exceed 5%of total bid) 1 LS $29,275.75 $29,275.75 $30,165.25 $30,165.25 $14,200.301 $14,200.30 $40,000.00 $40,000.00
TOTAL $633,233.50 $632,017.48 $767,747.00 $836,244.50
I ndicatesWritten form differs from Number on Bid Form I ndicates corrected Total
ALTERNATE NO. 1
Remove Base Bid Line Item No. 9. Instead
i nstal 1 16" D I Pi pe(al I depths), i ncl A ng
1 Excavation and BackfiII (open trench) 3880 LF $71.93 $279,088.40 $84.67 $328,519.60 $94.15 $365,302.00 $100.75 $390,910.00
Remove Base Bid Line Item No. 10.
I nstead i nstal 1 12" DI R pe(al I depths),
2 including Excavation and BackfiII (open 6 LF $167.72 $1,006.32 $71.40 $428.40 $120.00 $720.00 $95.00 $570.00
ALTERNATE NO.1 TOTAL $280,094.72 $328,948.00 $366,022.00 $391,480.00
TOTAL BASE BID+ALTERNATE $913,328.22 $960,965.48 $1,133,769.00 $1,227,724.50
TOTAL BASE BID+ALTERNATE WITH PVC DEDUCT Item9& 10 $659,940.56 $668,988.08 $756,881.00 $852,734.50
I ndi cates cor reded Total
Page 4 of 6 Updated 6/17/19
CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED
Utilities& Environmental Services BY: Amanda Taylor
3400 Sunrise Road DATE: March 8,2021
Round Rods,Texas78665 BID TABULATION
PROJECT: University Boulevard Water Main Extension
3400 Sunrise Rd M&C FONSECA Const.
LOCATION: Round Rack,TX 78665 Company Name: M cLean Construction,I na Bruce Flanigan Const.,I na Royal Vista,Inc. Co.,Inc
BID DATE: M arch 3,2021 Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes
Addendum(s)? Addendum(s)? Addendum(s)? Addendum(s)?
Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes
APPROX UNIT UNIT UNIT
ITEM # QTY. UNIT UNIT PRICE COST PRICE COST PRICE COST PRICE COST
1 Cleari ng and Grubbing 40 STA $16.00 $640.00 $414.00 $16,560.00 $150.00 $6,000.00 $250.00 $10,000.00
2 Flexible Base 7 CY $65.00 $455.00 $45.30 $317.10 $40.00 $280.00 $125.00 $875.00
3 Controlled Low Strength Material 23 CY $110.00 $2,530.00 $168.00 $3,864.00 $200.00 $4,600.00 $160.00 $3,680.00
4 Meter Vault No.4 Structure 2 EA $33,777.00 $67,554.00 $23,618.00 $47,236.00 $25,000.00 $50,000.00 $30,000.00 $60,000.00
5 Trench Safety Systems(Al I Depth) 3880 LF $1.00 $3,880.00 $0.50 $1,940.00 $1.00 $3,880.00 $2.50 $9,700.00
6 30" Steel Encasement Pipe(Open Cut) 160 LF $198.80 $31,808.00 $152.00 $24,320.00 $210.00 $33,600.00 $255.00 $40,800.00
7 30" Steel Encasement Pipe(Jack and Bore) 30 LF $883.50 $26,505.00 $603.00 $18,090.00 $675.00 $20,250.00 $425.00 $12,750.00
8 16" R pe Cl ass 250 Carri er i n Casi ng 190 LF $105.50 $20,045.00 $166.00 $31,540.00 $175.00 $33,250.00 $135.00 $25,650.00
16" PVC Rpe(aiI depths), including
9 Excavation and BackfiII (open trench) 3880 LF $82.70 $320,876.00 $86.10 $334,068.00 $85.00 $329,800.00 $90.00 $349,200.00
12" PVC Rpe(al I depths), including
10 Excavation and BackfiII (open trench) 6 LF $135.00 $810.00 $134.081 $804.48 $100.00 $600.00 $67.50 1 $405.00
6" DI Pi pe CI ass 350(al 1 depths), i ncl udi ng
11 Excavation and BackfiII (open trench) 72 LF $66.50 $4,788.00 $59.70 $4,298.40 $80.00 $5,760.00 $45.00 $3,240.00
12 16" Gate Valves 14 EA $6,960.00 $97,440.00 $6,645.00 $93,030.00 $7,500.00 $105,000.00 $9,500.00 $133,000.00
13 12" Gate Valve 1 EA $2,680.00 $2,680.00 $2,500.00 $2,500.00 $2,700.00 $2,700.00 $5,000.00 $5,000.00
14 8" Gate Valve 1 EA $1,723.00 $1,723.00 $1,496.00 $1,496.00 $1,700.00 $1,700.00 $3,000.00 $3,000.00
15 6' Gate Valve 4 EA $1,235.00 $4,940.00 $1,085.00 $4,340.00 $1,200.00 $4,800.00 $2,000.00 $8,000.00
16 8" Double Check Valve Assembly 1 EA $8,289.00 $8,289.00 $37,071.00 1 $37,071.00 $21,000.00 $21,000.00 $17,500.00 1 $17,500.00
Page 5 of 6 Updated 6/17/19
CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED
Utilities& Environmental Services BY: Amanda Taylor
3400 Sunrise Road DATE: March 8,2021
Round Rods,Texas78665 BI D TABU LAT ION
PROJECT: University Boulevard Water Main Extension
2"Automatic Combination A i rNacuum
17 Rel eaw Valve Assembly(CAV) 2 EA $4,419.00 $8,838.00 $6,070.00 $12,140.00 $5,700.00 $11,400.00 $8,500.00 $17,000.00
18 Fire Hydrant Assembly 4 EA $3,867.00 $15,468.00 $3,151.00 $12,604.00 $4,100.00 $16,400.00 $6,000.00 $24,000.00
19 Drain ValveAssembly 3 EA $3,767.00 $11,301.00 $4,676.00 $14,028.00 $3,100.00 $9,300.00 $5,500.00 $16,500.00
20 DI Fittings 4 TN $10,271.00 $41,084.00 $9,444.00 $37,776.00 $12,500.00 $50,000.00 $7,500.00 $30,000.00
21 Additional Bury Depth 14 VF $587.00 $8,218.00 $240.00 $3,360.00 $50.00 $700.00 $250.00 $3,500.00
22 Stabilized Construction Entrance 2 EA $1,120.00 $2,240.00 $853.00 $1,706.00 $1,500.00 $3,000.00 $1,500.00 $3,000.no
23 Temporary Fence 280 LF $5.00 $1,400.00 $20.10 $5,628.00 $15.00 $4,200.00 $22.50 $6,300.00
24 Protective Fend ng Type C 100 LF $6.20 $620.00 $21.50 $2,150.00 $10.00 $1,000.00 $20.00 $2,000.00
25 Si It Fence for Erosion Control 3800 LF $2.80 $10,640.00 $3.80 $14,440.00 $3.00 $11,400.00 $5.00 $19,000.00
26 Native Seedi ng for Erosion Control 4530 SY $3.10 $14,043.00 $1.60 $7,248.00 $1.50 $6,795.00 $1.75 $7,927.50
27 Soil Retention Blanket Class 1 211 SY $1.50 $316.501 $6.60 $1,392.60 $3.00 $633.00 $5.00 $1,055.00
28 Rock Berm 96 LF $43.00 $4,128.00 $25.80 $2,476.80 $50.00 $4,800.00 $50.00 $4,800.00
Stormwater Pollution Prevention Plan
29 (SWPPP) 1 LS $1,456.00 $1,456.00 $1,181.00 $1,181.00 $2,000.00 $2,000.00 $5,000.00 $5,000.00
30 Concrete Washout 1 EA $872.00 $872.00 $614.00 $614.00 $800.00 $800.00 $2,500.00 $2,500.00
31 Mobilization(not to exceed 5%of total bid) 1 LS $37,413.00 $37,413.00 $22,509.00 $22,509.00 $38,000.001 $38,0W.00 1 $40,WO.001 $40,000.00
TOTAL $753,000.50 $760,728.38 $783,648.00 $865,382.50
IndicatesWritten form differs from Number on Bid Form I ndicatescorrected Total
ALTERNATE NO. 1
Remove Base Bid Line Item No.9. Instead
i nstai 116" DI Pipe(ai I depths), including
1 Excavation and BackfiII (open trench) 3880 LF $88.10 $341,828.00 $85.50 $331,740.00 $95.00 $368,600.00 $95.00 $368,600.00
FInstead install 12" DI Pipe(all depths), 6 LF $171.50 $1,029.00 $222.10 $1,332.60 $105.00 $630.00 $75.00 $450.00
ALTERNATE NO.1 TOTAL $342,857.00 $333,072.60 $369,230.00 $369,050.00
TOTAL BASE BID+ALTERNATE $1,095,857.50 $1,093,800.98 $1,152,878.00 $1,234,432.50
TOTAL BASE BI D+ALTERNATE WITH PVC DEDUCT I tern 9& 10 $774,171.50 $758,928.50 $822,478.00 $884,827.50
I ndicatescorreded Total
Page 6 of 6 Updated 6/17/19
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CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2021-725202
Atlas Construction,Corp.
Granite Shoals,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/09/2021
being filed.
CITY OF ROUND ROCK Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
00000 UNIVERSITY BLVD WATER MA
INSTALLATION OF WATER LINE
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is L- , S and my date of birth is
My address is V L{ 2f�c �yC.i 1 r'w y'�1 cJ I 1 ^C f�, Ou_yn
T
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
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Executed in -](���r 1 wT County, State of ` _� on the--I --day of_ q/►�'!,�20_ �.
(month) year)
?/�� &/LA
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2021-725202
Atlas Construction, Corp.
Granite Shoals,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/09/2021
being filed.
CITY OF ROUND ROCK Date Acknowledged:
03/10/2021
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
00000 UNIVERSITY BLVD WATER MA
INSTALLATION OF WATER LINE
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a